Terms of Use
Your access to and use of our site is subject to the following terms and conditions and all applicable laws. By accessing and using our site, you accept the following terms and conditions, without limitation or qualification. We reserve the right to modify these terms and conditions at any time, and such modification shall be effective immediately upon posting on this site. You agree to review our site periodically to ensure that you are aware of any modifications. Your continued access or use of our site shall be deemed your conclusive acceptance of the modified terms and conditions.
Unless otherwise stated, the contents of our site are the property of Xonicwave, LLC, and are copyrighted under the laws of the United States and other copyright laws. Xonicwave, the Xonicwave Logo, are trademarks of Xonicwave, LLC. All other trademarks, logos and service marks used or referred to in our site are the property of their respective owners.
Please note that any product or service referenced on our site may be subject to other proprietary rights reserved by Xonicwave and are not licensed hereunder. Our site and the content provided in our site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Xonicwave, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.
The Information provided on our site is for informational purposes only and may include technical inaccuracies and typographical errors. Xonicwave may use links as a way of providing you with access to other helpful sites and information. Although we use discretion with whom we associate, no judgment or warranty is made with respect to such other services or sites and Xonicwave takes no responsibility for such other sites or services. Any use you make of the information provided on our site, or any site or service linked to by our site, is at your own risk.
Our site is maintained by Xonicwave in San Diego, California. By accessing our site, you agree that the statutes and laws of the state of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of our site. Those who chose to access our site from other locations do so on their own initiative and are responsible for compliance with local laws, to the extent applicable. You agree that any legal action or proceeding between Xonicwave and you for any purpose concerning these terms and conditions or the parties’ respective obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in San Diego County, California, United States.
Unless expressly stated otherwise herein, any information submitted by you through our site shall be deemed non-confidential and non-proprietary. By accessing our site, you represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these terms and conditions and to use this site in accordance therewith. You further agree to be financially responsible for your use of this site (as well as for use of your account by others) and to comply with your responsibilities and obligations as stated herein.
OUR SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND XONICWAVE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO OUR SITE OR ANY SITE OR SERVICE ACCESSIBLE THROUGH OUR SITE. THE CONTENTS OF OUR SITE DO NOT MODIFY OR SUPPLEMENT ANY REPRESENTATION OR WARRANTY RELATING TO XONICWAVE SERVICES THAT ARE AGREED TO BY XONICWAVE IN A SEPARATE CONTRACT. XONICWAVE EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. IN NO EVENT WILL XONICWAVE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH OUR SITE, ANY CONTENT ON OR ACCESSED THROUGH OUR SITE OR ANY SITE SERVICE LINKED TO, OR ANY COPYING, DISPLAYING, OR USE THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
