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These terms and conditions ("Terms") apply to all and any use of this
website together with the services associated therewith (including without limitation all
mailing lists, email lists, newsgroups, chatrooms, web mail, message boards and like forum
run operated or controlled by Xpedita ("Xpedita Services") and all and any postings,
emails and other communications made to or using the Xpedita Services or any services
run by Xpedita ("Submissions").
If you do not accept these Terms you should not use the Site, make Submissions or subscribe to any
Xpedita Services.
Xpedita may make alterations to these terms and conditions from time to time and these variations
shall become effective immediately upon being accessible from Xpedita.com.
Intellectual Property Rights, Copyright and Trade Marks
The design, development, layout, concepts, source code and back end software of the Xpedita Services,
except where expressed otherwise, are the property of Xpedita and all copyright, design rights, database
right, patents, personality rights and any rights to inventions, know-how, trade and business names,
trade secrets, logos and devices, trade and service marks (whether registered or unregistered) and any
applications therefor ("Intellectual Property Rights") in the Xpedita Services belong to and vest in
Xpedita, or are licensed to Xpedita unless otherwise specified. All such rights of Xpedita are hereby
asserted and reserved.
No person other than the rightful owner or licensee of such Intellectual Property Rights may:
- distribute, modify, transmit, re-use, re-post, or use any or all of the Xpedita Services or the
information contained therein for any purpose other than as set out above nor for public or commercial
purposes without Xpedita's or the relevant licensee's prior written permission;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or
gain to the Xpedita Services without Xpedita's or the relevant licensee's prior written permission;
display, publish, copy, print, post or otherwise use the Xpedita Services and the information contained
therein for the benefit of any other website without Xpedita's or the relevant licensee's prior written
permission;
- process or otherwise use the information contained on or within the Xpedita Services for any illegal or
immoral purpose nor use or process the same unfairly.
You may not reproduce any of the material contained within the website for any purpose except with the
permission of the owner (express or implied) or as provided by law or as set out below.
You MAY download and use the Xpedita Services for your private, non-commercial, personal use only,
provided that you retain all copyright notices and other proprietary notices contained on the Xpedita
Services. You may not sub-licence or deal in this right without Xpedita's prior written permission.
You therefore hereby undertake to Xpedita to indemnify and hold harmless Xpedita in full and defend at
its own expense Xpedita against all claims, liabilities, costs and losses whatsoever and howsoever
incurred by Xpedita its servants or nominees arising out of any claim made against it in any
jurisdiction in the world for infringement of any Intellectual Property Rights of any third party
caused by your use of the Xpedita Services and your Submissions.
Xpedita, Xpedita.com, and the Xpedita logo are trade names or trade marks of Xpedita, the use of which
is expressly forbidden by any other persons without the express permission of Xpedita.
Xpedita makes no warranty or representation in respect of any other trade mark or trading name, symbol
or device, all of which are hereby acknowledged. If you have any questions in relation to the use of
any marks contained within the Xpedita Services please contact Xpedita at the address below.
Liability
Xpedita shall be liable only to provide the services that make up the Xpedita Services with reasonable
skill and care.
Xpedita cannot and do not give any warranties in connection with any Xpedita Services and to the maximum
extent permitted by law, Xpedita excludes liability for all representations, warranties, conditions and
other terms which but for this notice would have effect.
To the maximum extent permitted by law, Xpedita excludes liability for any loss or damage of any kind
howsoever arising, including without limitation any direct, indirect, punitive indirect or consequential
loss whether or not the loss or damage arises out of any problem you notify to Xpedita and Xpedita shall
have no liability to pay any money by way of compensation including without limitation all liability in
relation to:
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use
of the Xpedita Services, and any material contained therein;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's
computer equipment, software, data or other property caused by persons accessing, using or downloading
any Xpedita Services;
- the availability, quality, content or nature of the other sites on the internet that are owned and
operated by third parties ("External Sites") to which the Xpedita Services link and web site located
on or through any External Site nor for any transactions involving External Sites (including as to
'cookies', personal data, confidential information, or purchases of domain names or other services).
You should contact the site administrator or webmaster for those External Sites if you have any
concerns regarding such links, web site or transactions.
These terms above shall not limit any rights you might have as a consumer that may not be excluded
under applicable law nor shall it exclude or limit Xpedita's liability for death or personal injury
resulting from its negligence.
Termination
Xpedita shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access
to and use of the Xpedita Services upon your breach of any part of these Terms whatsoever.
Termination shall be without prejudice to the accrued rights of either party.
Xpedita will not be liable in any amount for failure to perform any obligation under this agreement if
such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of
such party including without limitation Internet outages, communications outages, fire, flood, war or
act of God.
General
Except as provided above there are no other warranties, conditions or other terms, express or implied,
statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law
(but subject to your statutory and common law consumer rights).
All questions, comments or enquiries should be directed by email to info@xpedita.com.
If Xpedita does not enforce any provision of this agreement such will not be considered a waiver of
any provision or right.
In the event that any part of these terms and conditions is held to be unenforceable, such part will at
Xpedita's option be construed as far as possible to reflect the parties' intentions and the remainder
of the provisions will remain in full force and effect.
These terms and conditions constitute the entire agreement between you and Xpedita and shall apply to
the exclusion of all other terms or conditions of contract which you may purport to propose.
Use of Xpedita and these terms are subject to the laws of England which shall exclusively govern the
interpretation, application and effect of all the above permissions, exclusions, licences and conditions
of use and shall be construed in accordance with the laws of England and the parties submit to the
exclusive jurisdiction of the English courts.
Contact us at info@xpedita.com.
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