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.