Throughout these Terms, “you” applies to both individuals and entities that access or use our Service. If you are an individual using our Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service, you are accepting the Agreement on behalf of that entity.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any related content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Service. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create an XpanXn.com account, we consider that to be an inquiry about our products and Service, which means that we may contact you to share more details about what we have to offer. Don't worry -- if you aren't interested in learning more, you can opt out of the marketing communication, whether it's an email, phone call, or text message.
Our Service are not directed to children. Access to and use of our Service is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Service. Any person who registers as a user or provides their personal information to our Service represents that they are 13 years of age or older (or 16 years or older in the European Union).
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Service by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, XpanXn.com. For example:
You represent and warrant that your use of our Service:
The Agreement does not transfer to you any XpanXn.com or third party intellectual property. The materials contained in this website, including but not limited to the XpanXn.com logo, are protected by applicable copyright and trademark law. Other trademarks, service marks, graphics, and logos used in connection with our Service may be the trademarks of other third parties. Your use of our Service grants you no right or license to reproduce or otherwise use any XpanXn.com or third party trademarks.
We are constantly updating our Service and that means sometimes we have to change the legal terms under which our Service are offered. These Terms may only be modified by the posting of a revised version on XpanXn.com. If we make changes that are material, we will let you know by posting on XpanXn.com, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Service within the designated notice period, or once the changes become effective. Your continued use of our Service will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
We may terminate your access to all or any part of our Service at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any portion of the Agreement or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict your access to website resources, or terminate your Service, if we believe your storage or bandwidth usage is out of hand and/or burdens our systems, or (iv) terminate or deny access to and use of our Service to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your XpanXn.com account, you may simply discontinue using our Service.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Service is provided “as is.” XpanXn.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither XpanXn.com, nor its suppliers and licensors, makes any warranty that our Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or Service through, our Service at your own discretion and risk.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Service will be governed by the laws of the state of Washington, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Service will be the state and federal courts located in King County, Washington.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement may be finally settled through arbitration. The arbitration shall take place in Seattle, Washington, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
In no event will XpanXn.com, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or Service; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to XpanXn.com under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. XpanXn.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless XpanXn.com, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Service, including but not limited to your violation of the Agreement or any agreement with a provider of third-party service used in connection with the Service, Content that you post, and any ecommerce activities conducted through the Service.
You expressly represent and warrant that your use of our Service and/or associated Service and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
The Agreement constitutes the entire agreement between XpanXn.com and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; XpanXn.com may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.