PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use (“Website Terms”) apply to your use of this Website, and do not alter in any way the terms or conditions of any other agreement you may have with Xplore Tech, its subsidiaries or affiliates. By using this Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Website Terms. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Website Terms on such entity’s behalf, and that such entity agrees to indemnify Xplore Tech for violations of these Site Terms.
2. Ownership of the Site and its Contents
This Site is owned by Xplore Tech. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, portfolio, data, photographic images, moving images, videos, sound, illustrations, software, and the selection and arrangement thereof (“Xplore Tech Content”), is owned by Xplore Tech, its license, or its third-party partners.
All elements of the Site, including the Xplore Tech Content, are protected by Xplore Tech, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
3. Use of the Site
This Website and Xplore Tech Content are intended for customers of Xplore Tech. You may not use this Website or the Xplore Tech Content for any purpose not related to your business with Xplore Tech. You are specifically prohibited from:
a) Downloading, copying, or re-transmitting any or all of the Site or the Xplore Tech Content without, or in violation of, a written license or agreement with Xplore Tech.
b) Using any data mining, robots or similar data gathering or extraction methods.
c) Manipulating or otherwise displaying the Site or the Xplore Tech Content by using framing or similar navigational technology. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported.
4. Copyright Complaints
If you believe that any material on this Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Xplore Tech Legal Department
Xplore Tech Trademarks, the Xplore Tech logo, and any other product or service name or slogan contained in the Site are trademarks of Xplore Tech and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Xplore Tech or the applicable trademark holder. You may not use meta tags or any other “hidden text” utilizing “Xplore Tech” or any other name, trademark or product or service name of Xplore Tech without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Xplore Tech and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Xplore Tech makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such sites are not under the control of Xplore Tech and Xplore Tech is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Xplore Tech provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Xplore Tech of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Xplore Tech shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
7. Blog Areas
The Site may include blogs, Blog Areas in which you or third parties can comment on the “Website”. By commenting on the blogs, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a) Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the Pakistan Securities and Exchange Commission or any rules of a securities exchange such as the Lahore Stock Exchange, the Karachi Stock Exchange or the Islamabad Stock Exchange.
c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content.
d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
e) Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, or solicitations.
f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, National Identity and credit card numbers.
g) Viruses, corrupted data or other harmful, disruptive or destructive files.
h) User Content that, in the sole judgment of Xplore Tech, Inc, is objectionable or which restricts or inhibits any other person from using or enjoying the Blog Areas or the Website, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Xplore Tech, Inc or its users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. Xplore Tech, Inc takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Xplore Tech, Inc liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Blog Areas is at your own risk. Although Xplore Tech, Inc has no obligation to screen, edit or monitor any of the User Content posted in any “Blog Areas”, Xplore Tech, Inc reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense.
8. Registration Data and Account Security
In consideration of your use of the Website, you agree to:
a) Provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”).
b) Maintain and promptly update the Registration Data, and any other information you provide to Xplore Tech, Inc, to keep it accurate, current and complete.
c) Maintain the security of your password and identification.
d) Notify Xplore Tech, Inc immediately of any unauthorized use of your account or other breach of security.
e) Accept all responsibility for any and all activities that occur under your account.
f) Accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
You agree to defend, indemnify and hold harmless Xplore Tech, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Xplore Tech Content, or your violation of any rights of another.
THIS SITE AND THE Xplore Tech CONTENT ARE PROVIDED “AS IS” AND Xplore Tech AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Xplore Tech AGENCY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE Xplore Tech CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Xplore Tech, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE Xplore Tech CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE Xplore Tech CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Xplore Tech uses reasonable efforts to ensure the accuracy, correctness and reliability of the Xplore Tech Content, but we make no representations or warranties as to the Xplore Tech Content’s accuracy, correctness or reliability.
11. Limitation of Liability
IN NO EVENT SHALL Xplore Tech, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE Xplore Tech CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Xplore Tech, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Xplore Tech ‘ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Xplore Tech, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Xplore Tech FOR ACCESS TO OR USE OF THE WEBSITE.
12. Applicable Law and Venue
Any dispute relating in any way to your use of the Website or the Xplore Tech Content shall be submitted to confidential arbitration in Lahore, Pakistan.
Notwithstanding any of these Website Terms, Xplore Tech reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Xplore Tech.
14. Miscellaneous Provisions
Any waiver of any provision of the Website Terms will be effective only if in writing and signed by Xplore Tech. If any clause in these Website Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
15. Changes to Site Terms
Xplore Tech reserves the right to change any of the terms and conditions contained in the Website Terms or any policy or guideline of the Website, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Website Terms. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Website Terms whenever you visit one of our websites.
Questions and Contact Information
Questions or comments about the Website or Website Terms may be contact to Xplore Tech at email@example.com
© 2015-2016 Xplore Tech, Inc. All rights reserved. Standard Work Terms.