Terms of Use

Last updated: June 01, 2014

THESE TERMS OF USE (THESE "TERMS") SET FORTH THE TERMS AND CONDITIONS BY WHICH XENON ARC, INC. (“XENONARC,” “XENON ARC," "WE" OR "US") OFFERS YOU ACCESS TO ITS WEB SITE (THE "SITE”).

Please examine this document carefully before accessing or using the Site. By accessing or using the Site, you agree to be legally bound by these Terms of Use. If you do not agree with one or more of these Terms of Use, then please do not use the Site.

These Terms were last updated effective June, 2014. We may periodically make changes to these Terms. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. You agree that your continued use of the Site after such changes have been published to the Site shall constitute your acceptance of such revised Terms.

1. Copyright; License to Use the Site:

Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Site for your personal use and not for resale or further distribution, and to print and download portions of the materials available on the site solely for your personal, non-commercial use. Your license to use the Site is limited by the terms set forth in these Terms.

Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to the Site, including all related intellectual property rights. The Site is protected by applicable intellectual property laws, including United States copyright law and international treaties.

2. Restrictions.

You must comply with all applicable laws when using the Site and any content or materials obtained on the Site. Except as may be expressly permitted by applicable law or explicitly authorized by Xenon Arc or, where applicable, the provider of the applicable Site Content (as defined below) in writing, you will not, and will not permit or authorize any third party to: (a) store, copy, modify, distribute, transmit, publish, resell, reverse engineer, or prepare derivative works of any of the information, audio, visual, and audiovisual works, or other content made available on the Site, including, without limitation, any information, audio, visual, and audiovisual works, or other content that you may download ("Site Content") or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site to another person; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.

3. Use Policies.

You are solely responsible for any content and other material that you submit, publish or display on the Site or transmit to other members and/or other users of the Site. You will not use the Site to: (a) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm us or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; or (k) collect or store personal data about other users.

4. Access to the Site; Modifications to the Site.

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting by you, and to restrict, suspend, or terminate your access to the Site at any time, for any or no reason, with or without prior notice, and without liability.

5. Privacy Policy

We may collect registration and other information about you through the Site. Our collection and use of this information is governed by our Privacy Policy available here.

6. Submissions.

You agree to grant, and hereby do grant, to Xenon Arc a non-exclusive, royalty-free, assignable, worldwide, perpetual license, with the right to sublicense, reproduce, transmit, distribute, create derivative works of, publicly use, display, and use for any purpose whatsoever (including, without limitation, developing, manufacturing and marketing products and creating, modifying or improving the Site and our products and services) any materials or other information (including, but not limited to, ideas, concepts or techniques for new or improved services and products) you publish to the Site by any means or by any media now known or hereafter developed or that you otherwise provide to us (whether by email, through contact forms provided on the Site, or otherwise) (collectively, "Submissions"). You further agree that any such Submissions (whether information, feedback, data, questions, comments, suggestions or the like) shall be deemed not to be confidential, and warrant that such Submissions do not violate or infringe the intellectual property or other rights of any party. You also hereby grant Xenon Arc the right, but not the obligation, to use your name in connection with the submitted materials and other information, as well as in connection with any and all advertising, marketing and promotional material related thereto. You further agree and acknowledge that you shall have no recourse against Xenon Arc for any alleged or actual infringement or misappropriation of any proprietary right in any Submissions.

BY POSTING OR PROVIDING ANY SUBMISSION OR OTHER INFORMATION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION OR INFORMATION BY US WILL NOT INFRINGE ON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.

7. Disclaimers.

You understand that Xenon Arc cannot and does not guarantee or warrant that files, software, or any Site Content of any kind, or from any source, available for downloading through the Site, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for protection of the security of your own computer system, hardware and software included, and the reconstruction of lost data. The Site Content is provided solely for informational purposes. The Site Content is not intended to create, and receipt and review of it by any person or entity does not constitute, an offer for sale of any product from Xenon Arc to anyone, nor—other than your agreement to be bound by these Terms of Use—does it create an actual or implied contractual relationship between you and Xenon Arc.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ALL SITE CONTENT. THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SITE CONTENT, IS PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS , WARRANTIES OR COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, LL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. Xenon Arc ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE SITE, THE SITE CONTENT, OR ANY OTHER WEB SITE WHICH MAY BE REFERENCED BY, OR LINKED TO, THE SITE OR ANY SITE CONTENT. THE SITE AND SITE CONTENT COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. AMENDMENTS ARE PERIODICALLY MADE TO THE SITE AND THE SITE CONTENT. Xenon Arc MAY MAKE IMPROVEMENTS AND/OR AMENDMENTS TO THE SITE AND SITE CONTENT AT ANY TIME. ANY AND ALL PORTIONS OF THIS DISCLAIMER AND THIS AGREEMENT WILL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION PROVIDED THROUGH THE SITE. Xenon Arc DOES NOT WARRANT THAT THE SITE OR ANY SITE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SITE OR ANY SITE CONTENT WILL BE CORRECTED.IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SITE CONTENT, OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF Xenon Arc IN OPERATING THE SITE OR OTHERWISE WITH RESPECT TO ANY SITE CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SITE CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

8. Limitations of Liability.

IN NO EVENT SHALL Xenon Arc BE LIABLE TO YOU WITH RESPECT TO YOUR USE OF OR ACCESS TO, OR YOUR INABILITY TO USE, THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD OR OTHERWISE, AND FURTHER INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, OR UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE, COMMUNICATION OR TRANSMISSION OF INFORMATION.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Indemnification.

You will indemnify and hold us, any and all suppliers of Site Content, and our and their respective subsidiaries, affiliates, officers, agents, employees, and representatives harmless from any costs, damages, expenses, and liability caused by your use of the Site or Site Content, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Site Content.

10. Links to Third Party Sites.

The Site may contain links to third party products, services, and Web sites. We exercise no control over the third party products, services, and Web sites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and Web sites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and Web sites.

11. Modification and Severability.

Xenon Arc reserves the right to make changes to the Site, the Site Content, the services provided therein, and these Terms at any time at any time and from time to time. If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

12. Disclaimer Relating to Specified Countries.

In accordance with US legal restrictions against dealings with certain countries (currently Afghanistan, Cuba, Iran, Iraq, Libya, and Sudan), Xenon Arc offices in the U.S. and all U.S. personnel are barred from responding to or referring to any other person any inquiries or requests relating to business in or with any such country. In light of these restrictions, no orders or requests involving any such country will be processed utilizing this Site.

13. Legal Notices.

Enforcement of these Terms will be governed by the laws of Washington, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Site will lie in the state and federal courts located in King County, Washington, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing

14. Contacting Us

If you have any questions about our public web site privacy practices, you may email us at inquiries@XenonArc.com.