TERMS AND CONDITIONS

1. SITE ACCESS AND USE. Use of this website and access to the information and content made available through this website is subject to these Terms and Conditions and any additional use policies and conditions Xerxes Corporation (“Xerxes”) may adopt. Xerxes may suspend or terminate access to this website at any time. Xerxes may also change this website and the information and other content made available at this website at any time.

2. RESTRICTIONS AND LIMITATIONS. All information and content made available through this website, including, but not limited to, information, text, graphics, trademarks, logotypes, data and data compilations, is the property of Xerxes or others. United States and international trademark, copyright and other intellectual property right laws protect that information and content.

Viewing and printing the information or other content made available through this website is permitted. All other copying, downloading, reproduction, distribution, adaptation, modification or communication of the information and content made available through this website is prohibited. Link to or framing of the website or the information and content made available through this website is prohibited. Robots, spiders and other automatic devices may not be used to monitor or copy any portion of this website.

3. DISCLAIMERS. Xerxes makes no warranties regarding this website or the content available through this website. Xerxes does not guarantee that access to this website will be uninterrupted or error-free, and we will not be responsible for any delay, down time or other performance problem.

4. THIRD PARTY SITES. From time to time, this website may incorporate links to other websites. Xerxes does not sponsor or endorse any linked websites, the information appearing on those websites, or any products or services described in or made available through those websites, and Xerxes makes no warranty or representation regarding any linked websites, the information appearing on those websites, or any products or services described in or made available through those websites. Use of such linked websites, and any information or products obtained as a result of that use, is at is at the user’s risk.

5. DISCLAIMER OF WARRANTIES. Xerxes does not guarantee the accuracy of any information on this website. Nothing in this website will be deemed to be, or will create any warranty with respect to Xerxes’ products, or to be incorporated in or form a part of any sales or other agreement with Xerxes.

6. LIMITATION OF LIABILITY. XERXES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THIS WEBSITE (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF XERXES. IN NO EVENT WILL THE LIABILITY OF XERXES OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, SITE PROVIDERS AND SUPPLIERS OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF XERXES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

7. GOVERNING LAW. These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of Minnesota. Any disputes, claims or controversies arising out of, or relating to, this Agreement may be brought in courts situated in Minnesota, and users consent to the exclusive jurisdiction of such courts for the resolution of all such disputes, claims and controversies.

8. GENERAL. If any of these Terms and Conditions conflict with any applicable statute or rule of law, or is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.