ACCEPTANCE OF TERMS THROUGH USE
By using this site, you signify your agreement to all terms, conditions,
and notices contained or referenced herein (the "Terms of Use"). If
you do not agree to these Terms of Use please do not use this site.
We reserve the right, at our discretion, to update or revise these
Terms of Use. Please check the Terms periodically for changes. Your
continued use of this site following the posting of any changes to
the Terms of Use constitutes acceptance of those changes.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available
on this site are protected by copyrights, trademarks, service marks,
patents, trade secrets, or other proprietary rights and laws. Except
as expressly authorized by xaicp.com, you agree not to sell,
licence, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or create derivative
works from such materials or content. Notwithstanding the above, you
may print or download one copy of the materials or content on this
site on any single computer for your personal, non-commercial use,
provided you keep intact all copyright and other proprietary notices.
Systematic retrieval of data or other content from this site to create
or compile, directly or indirectly, a collection, compilation, database
or directory without written permission from xaicp.com is prohibited.
In addition, use of the content or materials for any purpose not expressly
permitted in these Terms of Use is prohibited. As noted above, reproduction,
copying, or redistribution for commercial purposes of any materials
or design elements on this site is strictly prohibited without the
express written permission of xaicp.com.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
WE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE
THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED ON OR
MADE AVAILABLE THROUGH THIS WEB SITE AND THE PROVISION OF OR FAILURE
TO PROVIDE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
xaicp.com AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED
WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS
CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS"
AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
INDEMNIFICATION
Upon a request by xaicp.com, you agree to defend, indemnify,
and hold harmless xaicp.com and other affiliated companies, and
their employees, contractors, officers, and directors from all liabilities,
claims, and expenses, including attorney's fees that arise from your
use or misuse of this site. xaicp.com reserves the right, at
it own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event
you will cooperate with xaicp.com in asserting any available
defenses.
SUBSCRIPTIONS/BILLING
Some services offered on xaicp.com are subscription based services,
such as Child
Health Monitor. If youa subscription based account with
us, you hereby agree to pay all charges to your account, including
applicable taxes, in accordance with billing terms in effect at the
time the fee or charge becomes payable. We reserve the right to change
the amount of, or basis for determining, any fees or charges for services
we provide, and to institute new fees, charges or terms effective
upon prior notice to customers. We reserve the right to terminate
any account at any time for any reason.
TERMINATION
These terms are effective until terminated by either party. You may
terminate these terms at any time by discontinuing use of xaicp.com
and destroying all materials obtained from xaicp.com and all
related documentation and all copies and installations thereof, whether
made under the terms of these terms or otherwise. Your access to xaicp.com
may be terminated immediately without notice from us if in our sole
discretion you fail to comply with any term or provision of these
terms. Upon termination, you must cease use of xaicp.com Site
and destroy all materials obtained from such site and all copies thereof,
whether made under the terms of these terms or otherwise.
GENERAL PROVISIONS
These terms shall be governed by and construed in accordance with
the laws of the State of Queensland Australia, without giving effect
to any principles of conflicts of law. You agree that any action at
law or in equity arising out of or relating to these terms shall be
filed only in the state or federal courts located in Brisbane, Queensland
and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any
provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability of
any remaining provisions. This is the entire agreement between us
relating to the subject matter herein and shall not be modified except
in writing, signed by both parties
LINKS TO OTHER WEBSITES
This site may include links to other Internet sites solely as a convenience
to users. xaicp.com does not endorse any such sites or the information,
material, products or services contained on or accessible through
the sites, and you access and use such sites, including information,
material, products and services therein, solely at your own risk.
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