Terms of Use

Acceptance of Terms

By using the EXADBA web site, you agree to these terms of use. If you do not agree to these terms of use, please do not use the EXADBA web site.

EXADBA makes this website (the "Site"), including all information, documents, content, materials, software and services (the "Materials") available on the Site, available to you for your personal, non-commercial use subject to the terms and conditions set forth in this legal agreement ("Terms of Use"). By accessing, browsing and/or using the Site, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations, including all applicable export and re-export control laws and regulations. EXADBA reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site. You are responsible for periodically visiting these Terms of Use from time to time to review the then-current Terms of Use. If you do not agree to the Terms of Use, do not use the Site.

Access to the Site

EXADBA may alter, suspend or discontinue this Site or any of the Materials at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. If you do not abide by the provisions of the Terms of Use, EXADBA may immediately deactivate or delete your user account and/or bar any further access to the Materials and/or the Site. EXADBA shall not be liable to you or any third party for any termination or cancellation of your access to or use of the Site.

Use of Site Information

You are permitted to view, copy, download and print Materials from the Site, provided that (unless otherwise provided in any written license agreement): you use the Materials for informational, personal and non-commercial purposes only; you do not modify or alter the Materials in any way; you do not copy or distribute from the Site separate from their accompanying text; you do not quote the Materials out of context; and you display the copyright and trademark notice(s) listed at the bottom of the Terms on all documents or portions of documents and retain any other copyright and other proprietary notices on every copy of Materials from the Site that you make. EXADBA reserves the right to revoke the authorization to view, copy, download and print the Materials at any time, and any such use shall be discontinued immediately upon written notice from EXADBA. The rights specified above to view, copy, download and print the Materials are not applicable to the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. For permission to use third-party materials appearing on the Site, please contact the owner of such materials.

Forums

The Site may contain chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (each a "Forum" and collectively "Forums"). You agree to use the Forums only to post, send and receive messages and material that are proper and, when applicable, related to the particular Forum. By way of example, and not as a limitation, you agree that when using the Forums, you will not: use the forums in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); defame, abuse, harass, stalk, eaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, intent or unlawful topic, name, material or information; upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade sector other proprietary right of any party; upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage operation of another's computer or property; advertise or offer to sell or buy any goods or services for any business purpose; download any file posted by another user of a Forum that you know, reasonably should know, cannot be legally reproduced, displayed, performed and/or distributed in such manner; falsify or delete any copyright management information, such as author attributions, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Forums; violate any code of conduct or other guidelines which may be applicable for any particular Forum; harvest or otherwise collect information about others; violate any applicable laws or regulations; create a false identity for the purpose of misleading others; or use, download or otherwise copy, or provide (whether or not for a fee) any directory of users of the Forums or other user or usage information or any portion thereof.

EXADBA has no obligation to monitor the Forums. However, EXADBA reserves the right to review Materials posted to the Forums and to remove any Materials in its sole discretion. EXADBA reserves the right to terminate your access to any or all of the Forums or the Site at any time, without notice, for any reason whatsoever. EXADBA is not responsible for any failure to remove or delay in removing harmful, inaccurate, defamatory, unlawful or otherwise objectionable content originating with or otherwise provided by third parties. EXADBA reserves the right at all times to disclose any information as EXADBA deems necessary to satisfy any applicable law, regulation, legal process governmental request, or to edit, refuse to post or to remove any Materials, in whole or in part, in EXADBA's sole discretion. The Forums are intended for discussion of business and technical issues relating to EXADBA's services. They are not provided for customer service inquiries or for the solicitation of business. Always use caution when giving out any personally identifiable information. EXADBA does not control or endorse the content, messages or information found in any Forums and, therefore, EXADBA specifically disclaims any liability with regard to the Forums and any actions resulting from your participation in any Forums. Managers and hosts may not be authorized EXADBA spokespersons and their views do not necessarily reflect those of EXADBA. Any Materials uploaded to the Forums may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the Materials.

Content Provided to EXADBA or Posted at any EXADBA Website

EXADBA does not claim ownership of the content, information or materials that you provide to EXADBA (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting EXADBA, its affiliated companies and necessary sub licensees permission to use your Submission, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights. No compensation will be paid with respect to the use of your Submission as provided herein. EXADBA is under no obligation to post or use any Submission you may provide and EXADBA may remove any Submission at any time in its sole discretion. By Posting a Submission, warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Upon reasonable request by EXADBA, you will provide information related to any claim that your Submission infringes any third-party rights.

You acknowledge and agree that, except for the rights expressly granted above, all other right, title and interest in and to the Site and Materials, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights, remain the sole and exclusive property of EXADBA, its suppliers and/or its licensors. Except as specifically set out in the Terms of Use, you are not authorized to use EXADBA's name or any of its trademarks or those of its suppliers and/or its licensors in any manner whatsoever, absent prior written approval from EXADBA.

Support

You acknowledge and agree that you use the Site and Materials at your own risk. Support regarding the Materials is only provided subject to the terms of a separate agreement between you and EXADBA.

Disclaimer of Warranties

Except as expressly provided in an end-user license agreement, any EXADBA software downloaded from this site or otherwise pursuant to a written agreement between you and EXADBA, the site, and all content provided on or through the site, are provided on an "as is" and "as available" basis. EXADBA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the site and all content provided on or through the site. EXADBA makes no warranty that: (a) the site or content will meet your requirements; (b) the site will be available on an Uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the site or any content provided on or through the site will be accurate or reliable; or (d) the quality of any content purchased or obtained by you on or through the site will meet your expectations.

Any content accessed, downloaded or otherwise obtained on or through the use of the site is used at your own discretion and risk. EXADBA shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of content.

EXADBA reserves the right to make changes or updates to, and monitor the use of, the site and content provided on or through the site at any time without notice.

Limitations on Liability

EXADBA may make changes to the materials, including, without limitation, the prices and descriptions of any listed services at any time and without notice. The materials on this site may be out of date and EXADBA makes no commitment to update such materials. The Site could include technical or other mistakes, inaccuracies or typographical errors. EXADBA assumes no responsibility for errors or omissions in the materials and/or other services that are included on, referenced by or linked to this Site. References to other corporations' sites, services and products are provided "as is" without warranty of any kind, either express or implied.

In no event shall EXADBA be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the site or any content provided on or through the site.

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions and limitations set forth in these terms of use do not apply and all other terms shall remain in full force and effect.

EXADBA is not responsible for claims by a third party. In no event shall EXADBA’s (or its suppliers’ or licensors’) maximum aggregate liability to you for damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed 1 Euro. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Indemnification

By using this site, you agree to indemnify, defend and hold harmless EXADBA and its affiliates, partners, third-party content providers and licensors, and each of their respective directors, officers, employees and agents, from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and related reasonable costs) arising directly or indirectly out of or in connection with: (i) your breach of these terms of use; (ii) any content uploaded, posted or transmitted by you on or through the site; and/or (iii) your activities in connection with the site.

Links to Third-Party Sites

This Site contains links to other sites on the Internet that are not within EXADBA's control and are owned and operated by EXADBA's partners, customers and other third parties (the "External Sites"). EXADBA will not review and makes no representations whatsoever about any External Sites to which you may have access through the Site. When you leave this Site and access an External Site, you do so entirely at your own risk and EXADBA is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on the External Sites, or for the quality of any products or services available on the External Sites. EXADBA provides links to External Sites merely as a convenience. You acknowledge and agree that the inclusion of such External Links does not imply that EXADBA endorses or accepts any responsibility or liability for any content, advertising, products or other material that may appear on or may be available on, from or through any External Sites. You further acknowledge and agree that EXADBA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products or other materials.

Privacy Policy Statement

The terms of EXADBA's Privacy Policy Statement ("Privacy Policy") are incorporated into the Terms of Use by reference. By accepting the Terms of Use, you acknowledge that you have read, understand and agree to be bound by the Privacy Policy.

International Users

The Site can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that EXADBA intends to announce such products, services or programs in your country. EXADBA makes no representation that the Materials on this Site are appropriate or available for use in locations outside of Spain, and access to the Materials from territories where they are prohibited is illegal. If you choose to access this Site from outside Spain, you do this on your own initiative and are responsible for compliance with local laws.

Choice of Language

The Terms of Use is in the English language only, which shall be controlling in all respects.

Choice of Law and Jurisdiction

This Site (excluding links to External Sites) is controlled by EXADBA from its offices in Valencia, Spain, notwithstanding the physical location of the servers on which the content resides. By accessing this Site, you and EXADBA agree that all matters relating to your access to or use of this Site shall be governed by the statutes and laws of the Province of Valencia and the federal laws of Spain applicable therein. You and EXADBA expressly disclaim all applicable choice of law or conflict of law rules and expressly exclude the United Nations Convention on Contracts for the International Sale of Goods. You and EXADBA also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in Valencia, Spain with respect to such matters.

General

The Terms of Use and the Privacy Policy constitute the entire agreement between EXADBA and you, and govern your use of the Sites. Neither the Terms of Use nor the Privacy Policy may be modified except in writing signed by both parties or by a new posting by EXADBA, as described in "Acceptance of Terms" above. If any provision of the Terms of Use is determined to be unlawful, void or, for any reason, unenforceable, then that provision shall be deemed severable from the remaining provisions. Any failure by EXADBA to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.

Trademarks

The following are trademarks or registered trademarks of EXADBA Corporation: logo and the combination logo and EXADBA word mark. Other product and EXADBA names displayed on the Site may be trademarks or registered trademarks of their respective owners. Unless specifically noted to the contrary, the example companies, products, domain names, e-mail addresses, logos, people and events depicted on this Site are fictitious and no association with any real EXADBA organization, product, domain name, e-mail address, logo, person or event is intended or should be inferred.

Copyright Information

Terms of Use Copyright © 2013 EXADBA Inc. All rights reserved. If you have any questions regarding this Site or these Terms of Use, please contact us at webmaster@exadba.com.