Terms of use

Last updated: January 2022

These terms and conditions tell you the rules for using each of the websites operated by Xplor Technologies and its controlled affiliates and subsidiaries (collectively, “Xplor”, “we”, “our”, or “us”) (our sites).  Please read them carefully before using any of our sites.

Our sites are:

1. Who we are and how to contact us

This digital platform is owned by Xplor Technologies, LLC, a company registered in Delaware with file number 5160371, or one of its subsidiaries.

You can contact us by using one of the options below:

  • You can send us an emailbrand@xplortechnologies.com
  • You can call us: +1 314 732 0515
  • You can write to us: 11330 Olive Blvd., Suite 200, Creve Coeur, MO 63141, USA

2. By using our sites you accept these terms

By using our sites, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, then you must not use our sites.

We recommend that you print a copy of these terms for future reference.

3. There are other terms that apply to you

These terms of use refer to our privacy notice, which also applies to your use of our sites and can be found at: https://www.xplortechnologies.com/us/privacy-policy

4. We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use our sites, please check these terms of use to ensure you understand the terms and conditions that apply at that time.  You acknowledge and agree that your continued access to and use of our sites constitutes your acceptance of any such changes.

You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

5. We may make changes to our sites

We may update and make changes to our sites from time to time. You acknowledge and agree that the form and nature of the content of our sites may change without prior notice.

The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.

Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites is accurate, complete or up to date.

6. We may suspend or withdraw our sites

Our sites are made available free of charge.  We do not guarantee that our sites, or any content on them, will always be accessible or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons. We accept no liability or responsibility for any access issues you may experience.

We may transfer our rights and obligations under these terms to another organisation.

7. How you may use material on our sites

We are the owner or the licensee of all intellectual property rights in our sites, and in the materials published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You should assume that copyright subsists in everything you see or read on our sites. You are permitted to view and use the images and content available on our sites for your own personal, non-commercial use. You must not use any images or content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors. Any unauthorised use of the images and content may violate copyright laws, trademark laws and privacy laws as well as communications regulations and statutes. We do not give any commitment that your use of materials displayed on our sites will not infringe rights of third parties.

8. Acceptable use of our sites and rules of conduct

You may only use our sites for lawful purposes. You must not:

  • knowingly introduce viruses, trojans, worms, logic bombs, spyware or other computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment.
  • attempt to gain unauthorised access to any of our sites, the servers on which our sites are stored, or any server, computer or database connected to any of our sites.
  • restrict or inhibit any person from using any of our sites (including by hacking or defacing any portion of any of our sites).
  • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of any of our sites, except as expressly permitted by applicable law.
  • remove any copyright, trademark or other proprietary rights notice from any of our sites or from materials originating from our sites.
  • frame or mirror any part of any of our sites without our express prior written consent.
  • create a database by systematically downloading and storing all or any content accessible on any of our sites.
  • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of any of our sites, without our express prior written consent.
  • publish any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid scheme” or investment opportunity, or any other form of solicitation.
  • publish any material non-public information about a person or a company without the proper authorisation to do so.
  • violate any applicable laws or regulations when using our sites and/or sharing content with us.

 

Additionally, when using our sites and/or sharing content with us, you are prohibited from sharing any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable or prohibited.

You warrant that any such contribution does comply with the standards described above, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We reserve the right to report any such breach to the relevant law enforcement authorities and will fully cooperate with those authorities and/or any court order requesting or directing us to disclose your identity. We reserve the right to remove any content or materials or cancel any links at any time as we see fit.

9. How we may use your personal information

We will only use your personal information as set out in our Privacy Notice: https://www.xplortechnologies.com/us/privacy-policy

10. We are not responsible for websites we link to

Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over, and assume no responsibility for, the content, privacy policies, security or practices of these third-party sites.

11. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER XPLOR NOR ANY PERSON ASSOCIATED WITH XPLOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER XPLOR NOR ANYONE ASSOCIATED WITH XPLOR REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, XPLOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL XPLOR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Governing law

These terms of use and their subject matter are governed by and construed in accordance with the laws of Delaware. If you are a business, you and we both agree that the courts of Delaware will have exclusive jurisdiction in respect of any dispute arising out of or in connection with these terms and/or their use.  If you are a consumer you and we both agree that the courts of Delaware will have exclusive jurisdiction, except where you are not a resident of Delaware (in which case the courts of Delaware shall have non-exclusive jurisdiction).