Agreement to Terms
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity, and
Xlozarinyx, concerning your access to and use of the
website as well as any other media form, media channel, mobile
website, or mobile application related, linked, or otherwise
connected thereto.
You agree that by accessing the website, you have read,
understood, and agree to be bound by all of these Terms of Use.
If you do not agree with all of these Terms of Use, then you are
expressly prohibited from using the website and you must
discontinue use immediately.
Supplemental terms and conditions or documents that may be
posted on the website from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms
of Use at any time and for any reason. We will alert you about
any changes by updating the "Last Updated" date of these Terms
of Use, and you waive any right to receive specific notice of
each such change.
It is your responsibility to periodically review these Terms of
Use to stay informed of updates. You will be subject to and will
be deemed to have been made aware of and to have accepted the
changes in any revised Terms of Use by your continued use of the
website after the date such revised Terms of Use are posted.
Intellectual Property Rights
Unless otherwise indicated, the website is our proprietary
property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and
graphics on the website are owned or controlled by us or
licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright
laws, and international conventions.
The content and graphics on the website are provided for
informational and educational purposes only. Except as expressly
provided in these Terms of Use, no part of the website and no
content or graphics may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the website, you are
granted a limited license to access and use the website and to
download or print a copy of any portion of the content to which
you have properly gained access solely for your personal,
non-commercial use. We reserve all rights not expressly granted
to you in and to the website, the content, and the graphics.
User Representations
By using the website, you represent and warrant that:
All registration information you submit will be true, accurate,
current, and complete. You will maintain the accuracy of such
information and promptly update such registration information as
necessary. You have the legal capacity and you agree to comply
with these Terms of Use. You are not a minor in the jurisdiction
in which you reside. You will not access the website through
automated or non-human means, whether through a bot, script, or
otherwise.
You will not use the website for any illegal or unauthorized
purpose. Your use of the website will not violate any applicable
law or regulation. If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and
all current or future use of the website.
Prohibited Activities
You may not access or use the website for any purpose other than
that for which we make the website available. The website may
not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us.
As a user of the website, you agree not to:
Systematically retrieve data or other content from the website
to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission
from us. Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information
such as user passwords.
Circumvent, disable, or otherwise interfere with
security-related features of the website, including features
that prevent or restrict the use or copying of any content or
enforce limitations on the use of the website and its content.
Disparage, tarnish, or otherwise harm, in our opinion, us and
the website. Use any information obtained from the website in
order to harass, abuse, or harm another person.
Make improper use of our support services or submit false
reports of abuse or misconduct. Use the website in a manner
inconsistent with any applicable laws or regulations. Engage in
unauthorized framing of or linking to the website. Upload or
transmit viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming, that interferes
with any party's uninterrupted use and enjoyment of the website
or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the
website.
Engage in any automated use of the system, such as using scripts
to send comments or messages, or using any data mining, robots,
or similar data gathering and extraction tools. Delete the
copyright or other proprietary rights notice from any content.
Attempt to impersonate another user or person or use the
username of another user.
Upload or transmit any material that acts as a passive or active
information collection or transmission mechanism, including
without limitation, clear graphics interchange formats, pixels,
web bugs, cookies, or other similar devices. Interfere with,
disrupt, or create an undue burden on the website or the
networks or services connected to the website.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the website to you.
Attempt to bypass any measures of the website designed to
prevent or restrict access to the website, or any portion of the
website. Copy or adapt the website's software, including but not
limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising
or in any way making up a part of the website. Except as may be
the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the website, or using
or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the
website. Make any unauthorized use of the website, including
collecting usernames or email addresses of users by electronic
or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false
pretenses.
Use the website as part of any effort to compete with us or
otherwise use the website for any revenue-generating endeavor or
commercial enterprise.
User Generated Contributions
The website may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the
website, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material.
Contributions may be viewable by other users of the website and
through third-party websites. As such, any contributions you
transmit may be treated as non-confidential and non-proprietary.
When you create or make available any contributions, you thereby
represent and warrant that:
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to
authorize us, the website, and other users of the website to use
your contributions in any manner contemplated by the website and
these Terms of Use.
You have the written consent, release, and permission of each
and every identifiable individual person in your contributions
to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your
contributions in any manner contemplated by the website and
these Terms of Use.
Your contributions are not false, inaccurate, or misleading.
Your contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
Your contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise
objectionable.
Your contributions do not ridicule, mock, disparage, intimidate,
or abuse anyone. Your contributions are not used to harass or
threaten any other person and to promote violence against a
specific person or class of people. Your contributions do not
violate any applicable law, regulation, or rule.
Your contributions do not violate the privacy or publicity
rights of any third party. Your contributions do not violate any
applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors. Your
contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference,
or physical handicap.
Your contributions do not otherwise violate, or link to material
that violates, any provision of these Terms of Use, or any
applicable law or regulation. Any use of the website in
violation of the foregoing violates these Terms of Use and may
result in, among other things, termination or suspension of your
rights to use the website.
Contribution License
By posting your contributions to any part of the website, you
automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt, and
distribute such contributions for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of,
or incorporate into other works, such contributions, and grant
and authorize sublicenses of the foregoing.
The use and distribution may occur in any media formats and
through any media channels. This license will apply to any form,
media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
We do not assert any ownership over your contributions. You
retain full ownership of all of your contributions and any
intellectual property rights or other proprietary rights
associated with your contributions. We are not liable for any
statements or representations in your contributions provided by
you in any area on the website.
You are solely responsible for your contributions to the website
and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us
regarding your contributions.
Submissions
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
website submitted by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these
submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You hereby waive all moral rights to any such submissions, and
you hereby warrant that any such submissions are original with
you or that you have the right to submit such submissions. You
agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right
in your submissions.
Third-Party Websites and Content
The website may contain links to other websites as well as
articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other
content or items belonging to or originating from third parties.
Such third-party websites and third-party content are not
investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not
responsible for any third-party websites accessed through the
website or any third-party content posted on, available through,
or installed from the website.
Inclusion of, linking to, or permitting the use or installation
of any third-party websites or any third-party content does not
imply approval or endorsement thereof by us. If you decide to
leave the website and access the third-party websites or to use
or install any third-party content, you do so at your own risk,
and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which
you navigate from the website or relating to any applications
you use or install from the website. Any purchases you make
through third-party websites will be through other websites and
from other companies, and we take no responsibility whatsoever
in relation to such purchases which are exclusively between you
and the applicable third party.
Website Management
We reserve the right, but not the obligation, to monitor the
website for violations of these Terms of Use, take appropriate
legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, refuse, restrict access
to, limit the availability of, or disable to the extent
technologically feasible any of your contributions or any
portion thereof.
We also reserve the right to remove or disable all files and
content that are excessive in size or are in any way burdensome
to our systems, and otherwise manage the website in a manner
designed to protect our rights and property and to facilitate
the proper functioning of the website.
Privacy Policy
We care about data privacy and security. Please review our
Privacy Policy. By using the website, you agree to be bound by
our Privacy Policy, which is incorporated into these Terms of
Use. Please be advised the website is hosted in the United
States.
If you access the website from any other region of the world
with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws
in the United States, then through your continued use of the
website, you are transferring your data to the United States,
and you agree to have your data transferred to and processed in
the United States.
Term and Termination
These Terms of Use shall remain in full force and effect while
you use the website. Without limiting any other provision of
these Terms of Use, we reserve the right to, in our sole
discretion and without notice or liability, deny access to and
use of the website to any person for any reason or for no
reason, including without limitation for breach of any
representation, warranty, or covenant contained in these Terms
of Use or of any applicable law or regulation.
We may terminate your use or participation in the website or
delete any content or information that you posted at any time,
without warning, in our sole discretion. If we terminate or
suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents
of the website at any time or for any reason at our sole
discretion without notice. However, we have no obligation to
update any information on our website. We also reserve the right
to modify or discontinue all or part of the website without
notice at any time.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
website. We cannot guarantee the website will be available at
all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the website,
resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the website at any time or for
any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the website during any
downtime or discontinuance of the website.
Governing Law
These Terms of Use and your use of the website are governed by
and construed in accordance with the laws of the State of
Illinois applicable to agreements made and to be entirely
performed within the State of Illinois, without regard to its
conflict of law principles.
Dispute Resolution
Any legal action of whatever nature brought by either you or us
shall be commenced or prosecuted in the state and federal courts
located in Cook County, Illinois, and the parties hereby consent
to, and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to venue and jurisdiction in
such state and federal courts.
Application of the United Nations Convention on Contracts for
the International Sale of Goods and the Uniform Computer
Information Transaction Act are excluded from these Terms of
Use.
Corrections
There may be information on the website that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the
information on the website at any time, without prior notice.
Disclaimer
The website is provided on an as-is and as-available basis. You
agree that your use of the website and our services will be at
your sole risk. To the fullest extent permitted by law, we
disclaim all warranties, express or implied, in connection with
the website and your use thereof, including, without limitation,
the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or
completeness of the website's content or the content of any
websites linked to the website and we will assume no liability
or responsibility for any errors, mistakes, or inaccuracies of
content and materials, personal injury or property damage
resulting from your access to and use of the website.
Limitations of Liability
In no event will we or our directors, employees, or agents be
liable to you or any third party for any direct, indirect,
consequential, exemplary, incidental, special, or punitive
damages, including lost profit, lost revenue, loss of data, or
other damages arising from your use of the website, even if we
have been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable
attorneys' fees and expenses, made by any third party due to or
arising out of your use of the website, breach of these Terms of
Use, or your violation of the rights of a third party.
User Data
We will maintain certain data that you transmit to the website
for the purpose of managing the performance of the website, as
well as data relating to your use of the website. Although we
perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to
any activity you have undertaken using the website.
You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of
such data.
Contact Us
In order to resolve a complaint regarding the website or to
receive further information regarding use of the website, please
contact us at:
Xlozarinyx
1411 W Irving Park Rd
Chicago, IL 60613, US
Phone: +1 312-884-1561
Email: touch@xlozarinyx.world