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Terms of Service

  1. Acceptance of Terms.
    This website located at www.X1.com (the "Site") is provided by X1 Discovery, Inc. ("X1" or "We") subject to your acceptance of the following Terms of Service ("TOS") which may be updated by X1 from time to time. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

  2. Registration.
    In the event that you chose to purchase, download, evaluate, or otherwise access any of the X1 software products available via the Site (collectively, the "Software Products"), you may be required to provide certain registration information to X1 and accept the X1 End User License Agreement at http://www.x1.com/legal/eula.html. In consideration of your access to the Software Products, represent that you are of legal age to form a binding contract and are not a person barred from receiving such products under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's registration form (such information, the "Registration Information") and maintain and promptly update the Registration Information to keep it current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if X1 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, X1 has the right to suspend or terminate your registration and related X1 customer account and refuse any and all current or future use of the Site (or any portion thereof).

  3. Use of Account/Support Services.
    You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

  4. Use of Site.
    1. You agree not to upload, post or otherwise transmit via the Site any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to X1 or other users of the Site; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. X1 reserves the right to edit or remove content that violates this TOS or that contains third-party commercial advertisements.
    2. You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be X1 or someone else, or spoof X1's or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. X1 reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
    3. You agree that you will not link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method.
    4. You agree to not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the content contained herein without the prior expressed written permission of X1.

  5. Trademarks, Copyright and Other Intellectual Property Provisions.
    1. The materials provided on the Site are protected by law, including without limitation to the United States Copyright Law and international treaties. The copyright in all materials provided on this Site is held by X1 or its suppliers. Unauthorized use of any of the materials on this Site may violate copyright, trademark and other laws. Except as expressly authorized by X1, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Site content or the content of other users on the Site, in whole or in part, by any means. You may not modify, decompile, or reverse engineer the Software Products or any software related to the operation of the Site. You may not remove or modify any copyright or trademark notice, or other notice of ownership found anywhere on the Site.
    2. "X1 Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations X1 uses in connection with its products and services. You may not copy, use, remove, or alter any X1 Trademarks, or co-brand your own products or material with X1 Trademarks, without X1's prior written consent. You acknowledge X1's rights in the X1 Trademarks and agree that any use of the X1 Trademarks by you shall inure to X1's sole benefit. You agree not to incorporate any X1 Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
    3. Certain Site content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. All third party trademarks and/or logos used on this Site are the trademarks, service marks, or logos of their respective owners. Nothing in this TOS shall confer any right of ownership of any of such third party content and/or trademarks.
    4. Unless explicitly stated herein, nothing in this TOS shall be construed as conferring to you any license to any X1 or third party intellectual property rights, whether by estoppel, implication, or otherwise. Unless explicitly stated herein, no permission is granted to you to copy, remove, publicly display, modify, or otherwise use any X1 Trademarks, third party trademarks, or other content on this Site.

  6. No Endorsement of Content.
    X1 makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on the Site. In addition, the Site may contain hyperlinks to third party web sites and X1 makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third party web sites. Additionally, in those areas of the site where users can or post communications, X1 may but is not obligated to monitor or review any areas of the Site where users but shall have no liability related to the content in any communications by others, whether arising under the laws of copyright, libel, privacy, obscenity or otherwise. X1 shall have the right to remove any communications from others on the Site, it its sole discretion, including materials that X1 deems to be abusive, defamatory, obscene or otherwise unacceptable.

  7. DISCLAIMER OF WARRANTIES.
    X1 PROVIDES THIS WEB SITE, AND ALL CONTENT AND MATERIALS ON THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. X1'S OBLIGATIONS WITH RESPECT TO ITS PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY THE AGREEMENTS UNDER WHICH THEY ARE PROVIDED AND NOTHING ON THIS SITE SHOULD BE CONSTRUED TO ALTER SUCH AGREEMENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. X1 MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES X1 MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

  8. Limitations of Liability.
    IN NO EVENT WHATSOEVER SHALL X1, ITS PARENT COMPANIES, AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. X1 ASSUMES, NO LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  9. X1 Privacy Policy.
    Registration Information and certain other information about you may be collected during your use of the Site. Collected information is subject to the X1 Privacy Policy, located at http://www.x1.com/legal/privacy.html, which is incorporated herein by this reference.

  10. Submissions.
    Any material, information or idea you transmit to or post on this Site will be treated as non-confidential and non-proprietary, and assigned to X1 for its unrestricted use, in accordance with X1's Submission Policy, located at http://www.x1.com/legal/submissions.html, which is incorporated herein by this reference.

  11. System Outages.
    We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by system outages or the resultant delay, mis-delivery, or non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure or the network external to the Site.

  12. Choice of Law and Venue.
    This TOS shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules. The exclusive venue for all litigation regarding or arising out of this TOS shall be in Los Angeles County, California and you agree to submit to the jurisdiction of the courts in Los Angeles County, California for such litigation.

  13. Miscellaneous.
    You can review the most current version of this TOS at any time at http://www.x1.com/legal/index.html. In the event that one or more portions of this TOS shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this TOS. Any delay or failure to require performance of any provision hereof shall in no manner affect any right at a later time to enforce such provision. No delay or failure in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. In its sole discretion, X1 may amend or modify this TOS or any other documents referenced herein at any time by posting such modifications on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site shall constitute your acceptance of any modified terms and conditions.

    REVISED: June 27, 2012


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