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Welcome to the customer portal of the X-Act Technologies Ltd. website (the "customer portal").
The customer portal is provided as a convenience to customers of X-Act Technologies Ltd. and/or X-Act Technologies Ltd. operating as XACT Engineered Manufacturing Solutions (hereinafter referred to as "X-Act Technologies Ltd."), and by accessing or using the customer portal at our website, our customers acknowledge that there is some risk which is assumed by the user accessing the customer portal and customer portal content.
By using or accessing the customer portal, you confirm that you are voluntarily providing information to X-Act Technologies Ltd. and consenting to the use of that information by X-Act Technologies Ltd. for the purposes of the customer portal.
In consideration of your use of the customer portal, you agree to:
IT IS THE USER AND/OR THE USER'S COMPANY'S RESPONSIBILITY TO ALERT X-ACT TECHNOLOGIES LTD. OF ANY CHANGES IN EMPLOYMENT STATUS THAT REQUIRE A CHANGE IN ACCESS TO THE CUSTOMER PORTAL AND THE USER AND/OR THE USER'S COMPANY ASSUME AND ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL RISKS FOR THE CONSEQUENCES OF FAILING TO ALERT X-ACT TECHNOLOGIES LTD. OF THE SAME. THE USER AND THE USER'S COMPANY WAIVE ANY AND ALL CLAIMS THAT THEY MAY HAVE AGAINST X-ACT TECHNOLOGIES LTD. AND RELEASE, HOLD HARMLESS, AND INDEMNIFY X-ACT TECHNOLOGIES LTD. FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INURY, EXPENSE, CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION THAT THE USER, OR THE USER'S COMPANY, MAY SUFFER OR INCUR AS A RESULT OF THE USER AND/OR THE USER'S COMPANY'S FAILURE TO ALERT X-ACT TECHNOLOIGES LTD. OF ANY CHANGES IN EMPLOYMENT STATUS THAT REQUIRE A CHANGE IN ACCESS TO THE CUSTOMER PORTAL.
THE CUSTOMER PORTAL AND CUSTOMER PORTAL CONTENT IS PROVIDED ON AS "AS-IS" BASIS TO THE USER. X-ACT TECHNOLOGIES LTD. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT. X-ACT TECHNOLOGIES LTD. DOES NOT GUARANTEE, NOR DOES IT PROMISE, ANY SPECIFIC RESULT FROM THE USE OF THE CUSTOMER PORTAL.
X-ACT TECHNOLOGIES LTD. DOES NOT REPRESENT OR WARRANT THAT THE CUSTOMER PORTAL CONTENT IS ACCURATE, ERROR FREE, CURRENT, RELIABLE, NOR DOES X-ACT TECHNOLOGIES LTD. WARRANT THAT THE CUSTOMER PORTAL, CUSTOMER PORTAL CONTENT, OR ANY SERVER USED IN CONNECTION WITH THE CUSTOMER PORTAL IS FREE FROM VIRUSES OR OTHER HARMFUL CONDITIONS. AS SUCH, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CUSTOMER PORTAL AND CUSTOMER PORTAL CONTENT IS AT YOUR OWN RISK, AND THAT YOU ARE REQUIRED TO EXERCISE YOUR OWN DUE DILIGENCE IN PROTECTING YOUR COMPUTER SYSTEM OR MOBILE DEVICE FROM LOSS OF DATA OR ANY OTHER HARM OF ANY KIND THAT MAY RESULT FROM YOUR USE.
X-Act Technologies Ltd. reserves all rights in and to the customer portal and customer portal content, including the right to change any and all customer portal content, at anytime without notice. The customer portal and/or customer portal content may, from time to time, be unavailable to you for maintenance or any other reason. X-Act Technologies Ltd. shall not be responsible for inaccessibility, delay in operation or transmission, interruption, deletion, alteration, error, omission, defect, communication failure, or unauthorized access to the customer portal or customer portal content. X-Act Technologies Ltd. shall not be responsible for any technical problems, whether in connection with telecommunications, computer, server, hardware, software applications, or traffic overload at the customer portal or its server. In no event will X-Act Technologies Ltd. be responsible or liable to you or any other party, for any loss or damage, including loss or damage to the customer portal content, or personal injury or death resulting from any party's use of the customer portal and/or customer portal content.
OUR LIMITED LIABILITY
IN NO EVENT SHALL X-ACT TECHNOLOGIES LTD. , OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY REASON, WHETHER DIRECTLY OR INDIRECTLY, FOR YOUR USE OF THE CUSTOMER PORTAL OR CUSTOMER PORTAL CONTENT, OR AS A RESULT OF ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES ARISING FROM NEGLIGENCE, ECONOMIC LOSS, LOST PROFITS, OR LOSS OF DATA ARISING FROM YOUR USE OF THE CUSTOMER PORTAL OR CUSTOMER PORTAL CONTENT, INCLUDING IN THE EVENT THAT X-ACT TECHNOLOGIES LTD. IS AWARE OR HAS BEEN ADVISED OF THE POTENTIAL OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE LIMITATION OF OUR LIABILITY, X-ACT TECHNOLOGIES LTD. 'S LIAIBLITY TO YOU FOR ANY CAUSE OR ACTION, WHATSOEVER, REGARDLESS OF ITS FORM, WILL AT ANY AND ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANYTO X-ACT TECHNOLOGIES LTD. . YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT YOU DID NOT PAY ANY AMOUNTS TO X-ACT TECHNOLOGIES LTD. YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO ANY DAMAGES, OF ANY KIND, FROM X-ACT TECHNOLOGIES LTD. , OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS.
USER CONTENT AND USER CONDUCT
You are solely responsible for any material, photos, pictures, graphics, text, video, music, sounds, or any other content that you post, upload or transmit to the customer portal ("User Content"). You represent and warrant that any User Content, of any kind, submitted through the customer portal or otherwise posted, transmitted, or shared by you on or through the customer portal is done in a lawful manner and will not violate or infringe upon the rights of any third party, including any rights associated with copyright, trademark, patent, trade secrets, privacy, publicity or other personal or proprietary rights; nor does it contain libelous, defamatory, inflammatory, hateful, obscene or otherwise unlawful material.
You agree to not upload, post or transmit any private information of a third party, including addresses, telephone numbers, email addresses or otherwise. You further agree not to upload, post, transmit, share, store or otherwise make available any information that could result in providing instructions for a criminal offence or otherwise violate any local, national or international law.
You also agree to not upload, post or transmit any content that in the sole discretion of X-Act Technologies Ltd. is objectionable, offensive, unlawful, or may in any other way expose X-Act Technologies Ltd. or any of its website's users to any liability of any kind.
You understand and agree that X-Act Technologies Ltd. may, but is not obligated to, remove or delete any content, including User Content and customer portal content, for any reason or without reason, as determined in the sole discretion of X-Act Technologies Ltd. You are solely responsible, at your own expense and effort, for keeping and maintaining back up copies of your User Content, and X-Act Technologies Ltd. shall not be liable to you or any other party, for the deletion or removal of such User Content or customer portal content.
You authorize and direct us to make any copies of the User Content posted to the customer portal, as we deem necessary for the purposes of the customer portal. You understand and agree that User Content may be reproduced by us and used as customer portal content. When you post any User Content to the customer portal you grant to X-Act Technologies Ltd., and you represent and warrant that you are entitled to grant, an irrevocable, non-exclusive, transferable, fully paid worldwide licence without end for any purpose in connection with the customer portal. You may remove or delete your User Content from the customer portal at anytime, and in so doing, the licence rights granted by you above, will automatically end PROVIDED THAT we continue to have the right to retain and use archived copies of User Content. We do not claim any ownership in User Content, as between you as the User and us as X-Act Technologies Ltd., and subject to the licence granted above, you retain all proprietary and intellectual property ownership in your User Content.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect and value the rights of intellectual property owners. We prohibit the unlawful reproduction, uploading, display or other use on the customer portal of another party's intellectual property. If we are notified of a User's repeated infringement of another party's intellectual property rights, we are entitled to terminate that User's subscription services with notice to the User. However, such right to terminate User's subscription services shall not constitute an obligation on our part to monitor or determine the lawfulness of User Content.
© 2014 X-Act Technologies Ltd.
The information on customer portal is provided as a convenience to our customers and friends. It is available to anyone, but we retain copyright on all text and graphic images. Canadian copyright laws and international treaty provisions protect this copyright. You may store the files on your own computer for your own personal use, print copies of the information for your own personal use, and reference this server in your own documents. You are prohibited from: modifying or re-using the text and graphics on this system, distributing our text and graphics to others, or "mirroring" our information on another server without the written permission of X-Act Technologies Ltd. All other rights reserved. X-Act Technologies Ltd. may, in appropriate circumstances and at its sole discretion, disable and/or terminate access to this server to those who may be infringing the copyrights of others. X-Act Technologies Ltd. disclaims all warranties with regard to the information, text, graphics and links on this server or any other server used to provide X-Act Technologies Ltd. information. Product and service names used on this server are trademarks owned by X-Act Technologies Ltd. Other products or services are trademarks or registered trademarks of their respective owners.
Questions regarding this website and it's terms can be directed to:
X-Act Technologies Ltd.
Suite 101, 4447-46 Ave SW
Calgary AB, T2B 3N6
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