The Terms are an agreement between the website owner and the users of the website; they detail the policies and procedures conducted by the website; and in many ways, provide the website owner the ability to protect themselves from potential legal exposure.
Website Owner; the Offering; Binding of Terms.
“This website is owned and operated by PAUL RODRIGUEZ. These terms and conditions are under which you may use the XCEED FORUM website. This website offers visitors FREE INFORMATION, SOCIAL TOPICS, NETWORKING, AND RELATED IDEAS. By accessing or using the website of this service, you approve that you have read, understood, and agree to be bound by these Terms.”
“When using our website, you agree that: Online businesses selling products are prohibited. You will not use the website for promotion or advertise any products for the purpose of sale.
Ownership of Intellectual Property, Copyrights and Logos
“The Service and all materials therein or transferred thereby including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are NOT the exclusive property of PAUL RODRIGUEZ. Except original content created by PAUL RODRIGUEZ. Nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof for the purpose of profit.”
Right to Suspend or Cancel User Account
“We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations”.
“You agree to indemnify and hold PAUL RODRIGUEZ harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to or arising out of or in connection with your use of the website or any of the services offered on the website.
Limitation of Liability
"To the maximum extent permitted by applicable law, in no event shall PAUL RODRIGUEZ, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. To the maximum extent permitted by applicable law, PAUL RODRIGUEZ assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.”
Right to change and modify Terms
“We reserve the right to modify these terms from time-to-time at the owner’s sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service”.
Promotional emails and content
“You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time.”
Preference of Law and Dispute Resolution
“These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of THE UNITED STATES / TEXAS state, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in PFLUGERVILLE, TX. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded”.