Vixxo Terms of Use


Effective January 1, 2016

Vixxo Incorporated (“Vixxo”, “we”, “us” or “our”) maintains this website (the “Website”). Please read the following terms and conditions (the “Terms”) carefully before accessing or using the site or any content, functionality or services offered on the Website.

By accessing or using the Website, you agree to the following Terms. If you do not agree to any portion of these Terms, please do not access or use the Website.

Use of the Site

You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Vixxo. We may make changes to the Website and/or the services described in these Terms at any time and without further notice to you.

Accuracy of Information

While Vixxo uses reasonable efforts to include accurate and up-to-date information on the Website, Vixxo makes no warranties or representations regarding such information and expressly disclaims any liability or responsibility for any errors or omissions in the content of the Website.

Privacy

Personal data that you provide to Vixxo that you submit to the Website will be handled in accordance with Vixxo’s Privacy Policy.

Disclaimers

You expressly agree that your use of the Website is at your own risk. The Website and its content are provided on an “as is” basis without warranties of any kind express or implied including, without limitation, any implied warranty of merchantbility, fitness for a particular purpose and non-infringement. Vixxo makes no representation or warranties that the Website is or will remain free from any virus, worm, trojan horse, hacking, or any other security intrusion or harmful component and Vixxo expressly disclaims any liability relating thereto.

Limitation of Liability

In no event will Vixxo be liable under any legal or equitable theory for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including, without limitation, loss of profits, loss of data or business interruption) even if we have been advised of the possibility of such damages, arising out of or relating to your use of the Website or any of the information contained herein. Certain states or jurisdictions may not allow the exclusion of implied warranties or exclusion of liability for consequential or incidental damages, so some of the exclusions and limitations contained herein may not apply to you.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Vixxo and its owners, directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including, without limitation, attorney’s fees) arising out of or relating to (i) your failure to comply with these Terms or (ii) your use of the Website.

Copyrights and Trademarks

Unless otherwise noted, Vixxo is the owner or authorized licensee of all text, graphics, video and audio contained on the Website and except as permitted by applicable copyright and other intellectual property law, such material may not be reproduced, copied, displayed or distributed without the prior written permission of Vixxo. The trademarks, service marks and logos (“Marks”) used or displayed on the Website are the property of, or licensed to Vixxo or its subsidiaries or affiliates or used with the permission of the owner of such Mark. Nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such Mark without the prior written permission of Vixxo or the third party that owns such Mark.

Submissions

If you submit, post, email or otherwise transmit to us, whether at our request or not, any suggestions, comments, materials, ideas or any work of authorship (“Submissions”) such Submissions will be considered non-confidential and non-proprietary and you agree that Vixxo will own all right, title and interest in such Submissions and may use them for any purpose whatsoever. Without limiting the foregoing, you grant Vixxo and is successors and assigns a royalty free, unrestricted, worldwide, perpetual, irrevocable, fully transferable, assignable and sublicenable right and license to use, reproduce, publish, display, translate, summarize, modify, adapt, create derivative works from, distribute, perform and display, incorporate into other works in any form, medium, or technology, in whole or in part, such Submissions.

Links to Other Sites

The Website may provide hyperlinks to other websites maintained by third parties. These links are provided for convenience only. Vixxo does not control these sites and is not responsible for the content or data privacy and collection policies of any such third party sites. If you access any third-party site linked to the Website you do so at your own risk.

Jurisdiction

These terms will be governed by the laws of the State of Arizona, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that the exclusive jurisdiction for any claim, action or dispute arising out of relating to your use of the Website or these terms will be in the federal and state courts located in the State of Arizona and you hereby consent to such jurisdiction. If any portion of these Terms is held to be invalid or unenforceable by any court or arbitral body, such holding shall not affect the validity or enforceability of any other provision hereof, all of which shall remain in full force and effect.

By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. We may from time to time amend these Terms and will post a copy of the amendment to this Website. You will be deemed to have accepted the agreement as amended if you continue to use the site after any amendments are posted on the Website.