ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEB SITE. ACCESSING OR USING THIS WEB SITE REPRESENTS THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT CONTINUE TO ACCESS OR USE THIS WEB SITE.
Use of Site
Xlab Global International, LLC authorizes you to view and download the materials at this Web site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials contained on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials contained on this Site are protected by Copyright and any unauthorized use of any materials contained on this Site may constitute violation of copyright, trademark, and/or other rights. You may print and download portions of material from the different areas of the Site solely for your own personal, non-commercial use. You agree not to modify, change or delete any proprietary notices from materials downloaded or printed from the Site. Any breach of these Terms will represent the revocation of your authorization to use this Site automatically and represents that you must immediately destroy any and all downloaded or printed materials obtained from the same.
Modification of Terms
Xlab Global International, LLC may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review these Terms periodically as to be aware of such modifications. Your continued access or use of the Site shall be deemed your conclusive acceptance and recognition of the modified Terms.
Use of Software
If you download software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.
Trademarks used or displayed on this Site are trademarks of Xlab Global International, LLC or its affiliates or third-party owners, as is applicable in each specific case. Nothing contained on this Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks without the prior written consent of Xlab Global International, LLC or such third-party owners.
Other than personally identifiable information, which is covered under the Xlab Global International, LLC Privacy Statement, any material, information or other communication you transmit through or post on this Site ("Communication") is, and will be treated as, non-confidential and non-proprietary, and may be used by Xlab Global International, LLC and its affiliates for any purpose without any need of compensation to you.
Xlab Global International, LLC may, but is under no obligation to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to discussion forums or groups, bulletin boards or other user forums, and the content of any such Communications. Xlab Global International, LLC, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Xlab Global International, LLC retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
Links to Other Web Sites
Links to third-party Web sites contained on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Xlab Global International, LLC has not reviewed all of these third-party sites and does not control nor is responsible for any of these sites and/or their content. Thus, Xlab Global International, LLC does not endorse or make any representations about them, or any information, software or other products or materials contained in them, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
You also understand that Xlab Global International, LLC cannot and does not guarantee or warrant that files available for downloading through the Site and/or third-party Sites are or will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site and/or third-party Sites for the reconstruction of any lost data.
YOU ASSUME TOTAL AND ABSOLUTE RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. THE MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS AND/OR WARRANTIES OF ANY NATURE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. It is your sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site. Xlab Global International, LLC further does not warrant the accuracy, currency, and completeness of the materials contained on this Site. Xlab Global International, LLC may make changes to the materials on this Site, or to the products and prices described in them, at any time without the need of any prior notice. The materials on this Site may be out of date, and Xlab Global International, LLC makes no commitment to update the materials on this Site. Information published on this Site may refer to products, programs or services that are not available in your country. SUCH REFERENCES DO NOT IMPLY THAT Xlab Global International, LLC INTENDS TO MAKE THEM AVAILABLE IN YOUR COUNTRY. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. All orders are subject to acceptance by Xlab Global International, LLC. Xlab Global International, LLC’s obligations and responsibilities regarding its products are governed solely by the agreements under which they are sold and/or licensed.
Limitation of Liability
IN NO EVENT WILL Xlab Global International, LLC, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OR RELIANCE ON THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES AT THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold Xlab Global International, LLC, its officers, directors, employees, agents, affiliates, licensors, suppliers and any third party information providers to the Site harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you.
These Terms shall all be governed and construed in accordance with the laws of the Texas applicable to agreements made and to be performed in the state of Texas. You agree that any legal action or proceeding between Xlab Global International, LLC and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Texas. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Xlab Global International, LLC’s failure to insist upon, or enforce strict performance of, any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. Xlab Global International, LLC may assign its rights and duties under these Terms to any party at any time without need of notice to you.