Last Updated: April 24, 2009
Registration and Passwords. XOJET may at times require you to have a password and provide registration details to access the Website or portions of the Website. If XOJET does require a password and registration details, it shall be a condition of use of the Website that all the details you provide are correct, current, and complete. If XOJET believes that the details are not correct, current, or complete, XOJET will have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access the Website, and you are fully responsible for all activities that occur under your password(s). You agree to notify XOJET immediately of any unauthorized use of your password(s). XOJET reserves the absolute right not to issue a password to any person or entity.
Access Arrangements and Fees. Your use of the Website shall be in accordance with any and all procedures, forms, formats, displays, and operating times as may be determined, specified, or modified by XOJET in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Website. XOJET charges no fees at this time for using the Website, but reserves the right to impose or modify fees in connection with use of the Website (or portions of the Website) at any time without liability. Payment of any such fees shall be due and payable 30 days from the date of invoice unless otherwise agreed by you and XOJET or unless otherwise required by XOJET. XOJET shall endeavor to issue a general notice on the Website with regard to any imposition of fees or modifications to the Website.
Linking. No link shall be made to any page of the Website, without the prior written consent of XOJET. Moreover, in the event XOJET deems your linking practices in relation to the Website to be inappropriate, XOJET may provide notice to you concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of XOJET relating thereto.
Third Party Websites and Other Information. The Website may contain, as a convenience to you, content, links, and other information submitted by third parties over whom XOJET has no control or responsibility, as well as translations thereof that XOJET may arrange. XOJET has no obligation to monitor, control, or restrict the use of the Website or third party web sites accessible via links on the Website. These other sites are not under the control of XOJET, and you acknowledge that (whether or not such sites are affiliated in any way with XOJET) XOJET is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by XOJET or any association with its operators. Moreover, XOJET has no obligation to verify any User Content or to provide any registration or other information to you concerning any content.
Disclaimer of Warranties. XOJET disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed by using the Website. XOJET disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Website.
THE SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. XOJET AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. XOJET AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. XOJET AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. XOJET AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE.
YOU UNDERSTAND AND AGREE THAT DOWNLOADS OR OTHER MATERIAL OR DATA OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. CERTAIN USERS MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
Without limiting the foregoing, under no circumstances shall XOJET or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Release and Waiver. To the maximum extent permitted by law, you hereby release and waive all claims against XOJET and its affiliates, officers, directors, employees, and contractors from any and all liability for claims, damages (actual and consequential), costs, and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Website. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
Intellectual Property Policy. XOJET's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512.