Terms of Use

By viewing and using this website at www.xsb.com including any subdomain (the “Site”) you represent and warrant that you have read, understood, and agree to be bound by these Terms of Use and the associated Privacy Policy.

The Site is located and operated by XSB, Inc. located in Setauket, NY. This Terms of Use shall be interpreted and enforced as though executed in New York and shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

This Site is intended solely for Users who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Site by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by all the terms and conditions of these Terms of Use.

Your relationship with XSB and the Services provided by XSB may also be governed by other written Agreements. In the event of any conflict between the terms set forth in this Terms of Use and the terms of any written Agreements that may be executed by and between you and XSB, the terms of such written Agreements will control.

Changes in Terms

XSB may, at any time and without further notice, revise or modify these Terms of Use or the Privacy Policy by posting an amended version on the Site. Any changes will be effective immediately upon posting. It is your responsibility to review these Terms of Use and the Privacy Policy periodically. If at any time you find either unacceptable, you must leave the Site. Your use of the Site after any change becomes effective will indicate your agreement to such change.

XSB may, at any time and without notice, modify or discontinue the Site. You agree that XSB shall have no obligation of any sort to you in connection with any modification or discontinuance of the Site.

XSB may terminate your access to this Site for any reason, at any time, with or without notice to you.

Permitted Use

You agree that you will not use or attempt to use the Site for any purpose other than conducting business with XSB and in each case solely for your personal, non-commercial use, that is, your use must not be intended for or directed towards commercial advantage or monetary compensation. You may not reproduce, sell or distribute any information provided on or through this Site.

Prohibited Use

You represent and warrant that you will not use this Site to:

• Retransmit, republish, distribute, reuse, resell, repost, re-engineer or make multiple copies of the Site or any portion thereof without XSB’s prior written consent.
• Upload, post, publish, transmit, reproduce or distribute through the Site any material that violates or infringes any third party’s privacy, intellectual property, copyright, patent, trademark, service mark, trade dress, trade secret or other proprietary rights, or which violates any contractual, fiduciary or judicially imposed non-disclosure obligations.
• Engage in conduct that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous or invasive of the privacy or publicity rights of others, or which harms the goodwill or standing of XSB or any of its clients, partners, employees, affiliates, agents, contractors or representatives.
• Upload, post, publish, transmit, reproduce or distribute any material that contains advertising solicitations, bulk unsolicited emails or spam, chain letters, pyramid opportunities or offers for the sale of goods or services, or otherwise violate the Privacy Policy.
• Alter, interfere or disrupt the content or functioning of the Site through (for instance) uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that damage, interfere with, capture, intercept or expropriate the website or any data contained therein; or (ii) disproportionately burdens the operation of the Site.
• Attempt to probe, scan, test, or violate, or use the website to gain unauthorized entry or access to other associated computer systems or networks or to obtain unauthorized access to materials or other information stored thereon.
• “Mirror” the Site or any of its content on any other server.
• Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content you post or otherwise transmit to us or via the Site.
• Upload, post, publish, transmit, reproduce or distribute through the Site any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation or government order.
• Attempt to interfere with the use of the Site by any other user. XSB reserves the right to cooperate fully in any investigation by law enforcement officials regarding any violation or suspected violation of this Agreement.

Third-Party Sites

The Site may contain links to or from websites operated by third parties (“Third-Party Sites”). Such links are provided for your reference and convenience only. The fact that a third party provides a link to the Site does not indicate that an endorsement, agency, joint venture, or similar relationship exists between XSB and such third party. XSB has no control over Third-Party Sites, each of which may be governed by its own Terms of Use and Privacy Policy. XSB has not reviewed and therefore does not warrant or endorse any Third-Party Site, the content thereon, or the operator or operations of that site. By visiting or using Third-Party Sites, you assume all responsibility and liability for resulting harms, whether to you or any third party, including without limitation as resulting from your downloading or use of any content, software or other materials available therefrom.

Intellectual Property

You acknowledge and agree that all content, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this Site, including, without limitation all text, graphics, artwork, logos, icons, images, audio clips and video clips (collectively, “Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and all rights associated with the Content are owned by XSB and/or its licensors and affiliates. Except as explicitly permitted, neither your use of the Site nor this Terms of Use agreement grants you any right, title or interest in or to any of XSB’s or its licensors’ copyrights, patents, trademarks or service marks. You acknowledge and agree that such Content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold or transmitted in any form or by any means, without the prior written permission of XSB, its licensors, or any other Intellectual Property owner.

Disclaimer of Warranties and Limitation of Liability

This Site and all associated Content is provided “as is”, without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. XSB does not guarantee the accuracy, adequacy, reliability, completeness, or usefulness of any of the Content and expressly disclaims any and all liability for errors or omissions in the Content.

XSB does not warrant that use of the Site will be uninterrupted, or secure, and does not warrant that the Site will be free of viruses or other harmful components. XSB assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, theft or destruction or unauthorized access to, or alteration of, Content. The Site may be temporarily unavailable from time to time.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE. XSB SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR PRODUCTS OR SERVICES OFFERED THROUGH THE SITE, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO XSB. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE, THE INFORMATION HEREIN OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION PUBLISHED THROUGH THE SITE.

Indemnification

You agree to indemnify, defend and hold harmless XSB and its affiliates, successors and assigns, and each of their officers, directors, employees, representatives and agents from and against all claims, losses, expenses, liabilities, damages and costs (including without limitation attorneys’ fees and costs), arising out of or relating to: (a) your use of the Site; or (b) any violation by you of this Terms of Use.

Protecting Your Personal Information

Consistent with industry standards, and security best practices, XSB has established strict security measures to safeguard your personal information from unauthorized access, disclosure, loss, misuse, or alteration. Unfortunately, no data transmission over the Internet can be guaranteed to be secure. As a result, while we strive to protect the Personal Information of our users and visitors, we cannot guarantee the security of any information transmitted to or from our Site and users do so solely at their own risk. For more information view our privacy policy.

Protecting User Names and Passwords

XSB uses passwords to prevent unauthorized access to certain areas of the Site. If you have been granted access to any such area, you agree to comply at all times with any security or operating procedures that XSB establishes. You will be responsible for the confidentiality and use of your user name, password and other security-related identifiers. You agree not to hold XSB liable for any damages of any kind resulting from your decision to disclose your user name or password to any third-party. You will be responsible for any access to the Site made under your user name and password. You agree to immediately notify us if you become aware of any loss or theft of your user name or password or of any unauthorized use of your user name or password or of the Site, any information therein, or any online services offered through the Site. We may terminate your access to the Site if we suspect the Site is being used in an unauthorized manner.

Communications

If you provide us with an email address or phone number or choose to communicate with us by email or phone, then emails or phone calls you receive from us will be considered to be sent or made with your consent.

Severability

If any clause or provision of this Terms of Use is held invalid or unenforceable for any reason, that part will be construed to reflect the parties’ original intent, and the remaining provisions shall remain in full force and effect, and valid and enforceable. The invalidity or unenforceability of any term, clause or provision in any particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Waiver

A waiver by either party of any term or condition or any breach thereof in any one instance, shall not be deemed to waive such term or condition or any subsequent breach thereof.

Relationship

No agency, partnership, joint venture, or employee-employer relationship is created through this Terms of Use or your continued use of this Site.

Feedback

If you have any questions about this Terms of Use or the practices of this Site, please feel free to contact: [email protected]

Updated 23 May 2019