xTerraLink respects your privacy. This Privacy Statement informs you of our privacy practices and of the choices you can make about the way your information is collected online and how that information is used. This statement is readily available on our home page and at the bottom of every xTerraLink Web page.
In the development of xTerraLink's privacy policies and standards, we respect and take into account all major principles and frameworks around the world, including the OECD Guidelines on the Protection of Privacy and Transborder Flows, EU Directive 95/46/EC, APEC Privacy Framework, and the Madrid Resolution on International Privacy Standards.In compliance with the Safe Harbor Principles, xTerraLink commits to resolve complaints about your privacy and our collection or use of your personal information.
xTerraLink may collect personal information for a variety of reasons. For example, to deliver a service or a solution that you have requested, enable your participation in online activities, or personalize your experience. We will explain why we need to collect this information when we ask you for it and keep it to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
xTerraLink may use your personal information for the purpose it was collected. We will not use your personal information for a different purpose without first asking your permission. We will not share your personal information with 3rd parties nor will we allow third parties to use your personal information for a different purpose.
You may access and update your personal information and communication preferences by contacting us directly or sending us an e-mail using the provided online form.
You can contact xTerraLink by using the Contact Us form or send a letter to the mailing address listed below. Please include your contact information, name of the xTerraLink web site or service, and a detailed description of your request or privacy concern.
Last updated: September 2011
xTerraLink may provide activity or program specific Terms of Service, for example when xTerraLink provides interactive Materials and/or enables User Generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect.
Member Account, Password, and Security: xTerraLink may, from time to time, host a program or activity specific site that may require you to establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify xTerraLink immediately of any unauthorized use of your account or any other breach of security here. xTerraLink will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by xTerraLink or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Personal Non-Commercial Use: This Web Site is for personal and non-commercial use. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials.
US Government Restricted Rights: The Materials including xTerraLink Software are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of xTerraLink's proprietary rights in them.
Limitation of Liability: You expressly understand and agree that xTerraLink and its licensors shall not be liable to you for:
Accuracy and Completeness: xTerraLink does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Web Sites or Materials.
Changes and Updates: xTerraLink reserves the right to modify or discontinue, temporarily or permanently, Web Sites or Materials (or any part thereof) with or without notice. xTerraLink may make changes to Web Sites or Materials, or to the products described therein, at any time without notice. xTerraLink makes no commitment to update the Web Sites or Materials.
Forward Looking Statements: Some of the information on this Web Site may contain projections or other forward-looking statements regarding future events or the future financial performance of xTerraLink. Words such as "expects," "goals," "plans," "believes," "continues," "may," and variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may imply future financial performance, our anticipated growth and trends in our businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially.
Ownership: You acknowledge and agree that xTerraLink owns all legal rights, title and interest in and to the Materials and Web Sites, including any xTerraLink trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without xTerraLink's prior written permission. Except as expressly provided herein, xTerraLink does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Limitations: with regard to information on xTerraLink® products and services in the website or materials no license, express or implied, by estoppel or otherwise, to any intellectual property rights is granted in the website or materials. Except as provided in xTerraLink's terms and conditions of sale for such products, xTerraLink assumes no liability whatsoever, and xTerraLink disclaims any express or implied warranty, relating to sale and/or use of xTerraLink products including liability or warranties relating to fitness for a particular purpose, merchantability, or infringement of any patent, copyright or other intellectual property right.
Use of xTerraLink products and services: xTerraLink products and services are not intended for use in medical, lifesaving, life sustaining applications. Unless otherwise agreed in writing by xTerraLink, the xTerraLink products and services are not designed nor intended for any application in which the failure of the xTerraLink product or service could create a situation where personal injury or death may occur.
Changes to Specifications: xTerraLink may make changes to specifications and product or service descriptions at any time, without notice. Designers must not rely on the absence or characteristics of any features or instructions marked "reserved" or "undefined." xTerraLink reserves these for future definition and shall have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them. The product information on the Web Site or Materials is subject to change without notice. Do not finalize a design with this information.
Defects and Errata: The products described in the Web Site or Materials may contain design defects or errors known as errata which may cause the product to deviate from published specifications. Current characterized errata are available on request. Contact xTerraLink to obtain the latest specifications and before placing your order.
Any xTerraLink software that is made available to download from the Web Sites ("Software") is the copyrighted work of xTerraLink and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of xTerraLink software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, xTerraLink hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, xTerraLink may make available as part of the web site or in its software products, tools and utilities for use and/or download. xTerraLink does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in xTerraLink software products.
Permission to use xTerraLink owned white papers, press releases, datasheets, specification documents, FAQ's etc. ("Documents") from the Web Sites is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Elements of the Web Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Web Site may be copied or retransmitted unless expressly permitted by xTerraLink.
xTerraLink makes no representations about the suitability of the information contained in the documents and related graphics published on the web site for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind.
xTerraLink hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall xTerraLink and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the web site could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. xTerraLink may make improvements and/or changes in the product(s) and/or the program(s) described at any time.
Definition: User content submissions may include but not limited to, may include user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the "User Content") on any xTerraLink Web Site. The content submitted by users is referred to here after as "User Content".
Non-Endorsement: xTerraLink does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and xTerraLink expressly disclaims any and all liability in connection with User Content submissions. xTerraLink does not permit copyright infringing activities and infringement of Intellectual property rights on its Web Sites, and xTerraLink will remove User Content if properly notified that such submission infringes on another's intellectual property rights in accordance with the DMCA provisions. xTerraLink reserves the right to remove User Content at its sole discretion and without prior notice.
Ownership: xTerraLink does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Web Sites or Materials, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Web Sites or Material. Unless otherwise agreed to in writing, there is no compensation for User Content. xTerraLink is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized xTerraLink representative, any material, information or other communication you transmit or post to a Web Site will be considered non-confidential and non-proprietary.
License: Unless other specified on the Web Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such user content you grant xTerraLink, necessary sub-licensees and Web Site users, a perpetual, irrevocable and fully sub-licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
User Submitted Code: Any user submitted code or materials posted on an xTerraLink web site is supplied under license from the submitter, and should be used or downloaded in accordance with any license terms specified. xTerraLink is not responsible for user submitted code nor warrants that it will work correctly.
The linked sites are not under the control of xTerraLink and xTerraLink is not responsible for the content of any linked site or any link contained in a linked site. xTerraLink reserves the right to terminate any link or linking program at any time. xTerraLink does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
xTerraLink or its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when xTerraLink's products or marketing strategies might seem similar to ideas submitted to xTerraLink. So, please do not send your unsolicited ideas to xTerraLink or anyone at xTerraLink. If, despite our request that you not send us your ideas and materials, you still send them, please understand that xTerraLink makes no assurances that your ideas and materials will be treated as confidential or proprietary.
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
xTerraLink makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms constitute the entire agreement between you and xTerraLink and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and xTerraLink shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
In the case of any violation of these rules and regulations, xTerraLink reserves the right to seek all remedies available by law and in equity for such violations.