Welcome to https://xint.io (together with its subdomains, Content, Marks and services the “Website”). “You” or “Your” refers to any individual who visits or otherwise uses the Website. Please review the following Terms of Use concerning Your use of the Website so that You are aware of Your legal rights and obligations with respect to Theori Inc. (“Theori”, “we”, “our”, or “us”). Except as otherwise provided herein, Terms of Use apply to Website. You agree to comply with, and be legally bound by, these Terms of Use, together with any referenced documents (collectively, “Terms”) by accessing or using the Website. If You do not agree to be bound by these Terms, please do not access or use the Website.
The Website is intended to provide You with information related to our products and services and to enable You to contact us via the Website.
We reserve the right to revise and update these Terms at any time at our sole discretion. Such change will be effective ten(10) days following the posting of the revised Terms on the Website, and Your continued use of the Website thereafter signifies Your acceptance of such changes.
The Website is only intended for individuals aged eighteen (18) years or older. If You are under eighteen (18) years old please do not visit or use the Website. The individual accepting these Terms of Use represents that he or she is of legal age to form a binding contract with us, and, to the extent accepting these terms on behalf of an entity, has the authority to represent the entity. If You are under eighteen (18) years old please do not visit or use the Website. If Theori has previously prohibited You from accessing or using the Website, You may not access or use the Website.
For such time as these Terms are in effect, We hereby grant You permission to visit and use the Website, provided that You comply with these Terms and applicable laws.
You shall not: (i) copy, distribute or modify any part of the Website without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Website; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Website; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website.
You acknowledge and agree to comply with these Terms, including the following rules regarding acceptable use of the Website. 6.1 Prohibited Use. You agree not to access or use the Website in any manner:
That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
That violates the rights of any person or entity or that may give rise to civil or criminal liability under laws or regulations applicable to You, another user, and/or Theori, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms.
To monitor or attempt to gain unauthorized access to: (a) an account or computer not belonging to You; (b) any data, information or communications on any network or system not owned by You, without authorization; (c) any system or network user accounts or passwords of other users, without authorization; or (d) e‑mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).
That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity, including any other user, Theori or a Theori employee; (b) any attempt to misrepresent Your identity or affiliation with any person or organization; and (c) any attempt to give the impression that You are posting materials from any person or entity other than Yourself if that is not the case, including but not limited to altering Your IP source address.
To use, transmit or introduce: (a) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or subject to the Health Information Technology for Economic and Clinical Health (HITECH) Act; or (b) non‑public sensitive or personally identifiable information including but not limited to driver’s license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers except as necessary and in connection with a transaction.
For the purposes of recruiting, advertising, solicitation or commercial activities of any kind without the express written consent of Theori, including, but not limited to: (a) promotions, contests, sweepstakes, barter, advertising or pyramid schemes; and (b) the transmission of, or procurement of sending, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To monitor or copy materials on the Website for any unauthorized purpose or access the Website via any automatic device, process or means of access such as a robot or spider.
That may have a detrimental effect on the Website’s function, user interaction or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Website or any server, computer or database connected to or accessed by the Website; (d) modifying, blocking or otherwise interfering with the display of the Website; (e) interfering with another user’s ability to access, use and enjoy the Website; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) performing, without Theori’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website; and (i) engaging in any activities that results in any server being the target of a denial of service attack.
6.2 Violations of this Use of the Website. In addition to any other remedies that may be available to us, Theori reserves the right to immediately suspend or terminate Your account or Your access to the Website upon notice and without liability for Theori should You fail to abide by this Use of the Website. If You are a user of the Website under Your employer or organization’s account, Theori reserves the right to notify Your employer or organization of any violations of this Use of the Website.
7.1 Content and Marks. All materials provided on the Website, including but not limited to information, documents, logos, text, graphics, sounds, images, videos, interactive features, and services (collectively, the “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are the property of Theori and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Xint” logo and other marks are Marks of Theori or its affiliates. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website and the Content.
7.2 Use of Content. Content on the Website is provided to You for Your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If You download or print a copy of the Content You must retain all copyright and other proprietary notices contained therein.
7.3 Spam. You agree not to, and will not, use the communication systems provided by the Website to send unauthorized commercial communications and You shall be solely responsible and liable for any such unauthorized communications.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Website is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at Your own risk and responsibility.
9.1. The Website may contain links, and may enable You to post content, to third party websites that are not owned or controlled by Theori. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for Your use of and linking to third party websites and any content that You may send or post to a third party website; and (ii) expressly release Theori from any and all liability arising from Your use of any third party website. Accordingly, we encourage You to read the terms and conditions and privacy policy of each third party website that You may choose to visit.
9.2. Theori permits You to link to the Website provided that: (i) You link to but do not replicate any page on this Website; (ii) the hyperlink text shall accurately describe the Content as it appears on the Website; (iii) You shall not misrepresent Your relationship with Theori or present any false information about Theori and shall not imply in any way that we are endorsing any services or products, unless we have given You our express prior consent; (iv) You shall not link from a website ("Third Party Website") which prohibits linking to third parties; (v) such Third Party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) You, and Your website, comply with these Terms and applicable law.
Personally identifiable information collected about You by this Website is treated in accordance with our privacy policy which is available at: https://xint.io/privacy, which is hereby incorporated into these Terms of Use by reference. You, in turn, agree that You acknowledge the Privacy Policy by Your use of the Website.
11.1. This section applies whether or not the services provided under the Website are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
11.2. THE WEBSITE, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE WEBSITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND EITHER EXPRESS OR IMPLIED. THEORI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, THEORIO DOES NOT WARRANT THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT THEORI WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY, AND THEORI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AND WEBSITES. THEORI WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW
11.3. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, THEORI DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE WEBSITE.
12.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THEORI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YouR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF THEORI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to You.
12.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THEORI FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE THE WEBSITE, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO THEORI FOR USING THE WEBSITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
You agree to indemnify, defend and hold harmless Theori and our affiliates, and our respective officers, directors, employees, agents and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees and other legal costs), made in connection with or arising from: (i) Your use of, or inability to use, the Website; (ii) Your connection to the Website; (iii) Your violation of these Terms; (iv) Your violations of an applicable law; (v) Your submission, posting, or transmission of user content to the service; or (vi) Your violation of any rights of another individual or entity. We reserve the right to assume the exclusive defense and control of such disputes, and in any event You will cooperate with us in asserting any available defenses.
These Terms are effective until terminated by Theori or You. Theori, in its sole discretion, has the right to terminate these Terms and/or Your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for breach of these Terms). Theori shall not be liable to You or any third party for termination of the Website, or any part thereof. If You object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Website in any way, Your only recourse is to immediately discontinue Your use of the Website. Upon termination of these Terms, You shall cease all use of the Website. This Section (Terms and Termination), and Sections 7 (Intellectual Property Rights), 10 (Privacy), 11 (Warranty Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 15 (Relationship of the Parties) to 17 (General) shall survive termination of these Terms.
You and Theori are independent contractors. No agency, partnership, joint venture or employment relationship is intended or created by these Terms. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Theori.
These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by You. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Theori without restriction or notification to You. Any prohibited assignment shall be null and void.
17.1 Modifications of the Website. We reserve the right at any time to modify or discontinue, temporarily or permanently, any aspect of the Website with or without notice. You agree that Theori shall not be liable to You or any third party for any modification, suspension or discontinuation of the Websites.
17.2 Governing Law. These Terms and the relationship between You and Theori shall be governed by and construed in accordance with the State of Delaware without regard to its principles of conflicts of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Theori may seek injunctive relief in any court of competent jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph does not override those laws.
17.3 Initial Dispute Resolution. Most disputes can be resolved without resort to formal dispute resolution. For any dispute You initiate, You agree to send the written description of the dispute along with the email address associated with Your account, if any, to the following email address: contact@xint.io. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Theori, and good faith negotiations shall be a condition to either party initiating a lawsuit.
17.4 No Waiver. The failure of Theori to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If any provision of these Terms is found to be invalid or unenforceable, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
17.5 Entire Agreement. These Terms shall constitute the entire agreement between You and Theori concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.