ACCEPTANCE OF TERMS
XCloner and its related goods and services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the XCloner website, including placing orders to purchase products and/or services from XCloner, as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the XCloner site may also be subject to additional terms as set forth in such section (“Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the XCloner site, or with any terms included with any product or service purchased from XCloner, then these terms shall control.
SITE LICENSE AND ACCESS
XCloner grants you a limited license to access and make personal use of this site (XCloner) and not to download or modify it, or any portion of it, except with the express written consent of XCloner. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of XCloner and/or its affiliates without express written consent of XCloner. You may not use any meta-tags or any other “hidden text” utilizing XCloner’s name or trademarks without the express written consent of XCloner. Any unauthorized use terminates the permission or license granted by XCloner.
PERSONAL USE LIMITATION
Unless otherwise specified, the XCloner site is for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the XCloner or its site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the XCloner site, you will not use the XCloner materials and website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the XCloner site in any manner that could damage, disable, overburden, or impair the XCloner site, (or the network(s) connected to the XCloner website) or interfere with any other party’s use and enjoyment of the XCloner site. You may not attempt to gain unauthorized access to the XCloner site, other accounts, computer systems or networks connected to the XCloner site through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the XCloner site.
XCloner reserves the right to change the terms, conditions, and notices concerning use of the XCloner site without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the XCloner site. Your continued use of the XCloner site constitutes your agreement to all such terms, conditions, and notices.
TERMINATION & ACCESS RESTRICTION
XCloner reserves the right, in its sole discretion, to terminate or limit your access to any or all of the XCloner website, or any portion thereof at any time, without notice.
You must be at least 18 years of age to transact any business with XCloner or to submit any Personal Information to XCloner. As such, if you transact or attempt to transact any business with XCloner or submit or attempt to submit any Personal Information to XCloner, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE XCloner site IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the XCloner site.
Unpaid accounts with no login or other activity for six (6) months may be terminated without notice.
MATERIALS PROVIDED TO XCLONER
If you submit any feedback, suggestions, posts, support tickets or other communications (each a “Submission” and collectively “Submissions”) to the XCloner site, or to XCloner, you are granting XCloner, its affiliated companies and its designees and sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. XCloner is under no obligation to post or use any Submission you may provide and XCloner may remove any Submission at any time in its sole discretion.
All trademarks and trade dress that appear on the XCloner website, (“Trademarks”) are trademarks/trade dress or registered trademarks/trade dress of XCloner (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries.
The Trademarks are valuable assets of XCloner and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to XCloner and, as such, may only be used by XCloner or other authorized persons or entities for the benefit of XCloner and only in connection with the products and services authorized by XCloner. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits XCloner, its affiliates, subsidiaries or parent companies is strictly prohibited.
You may not use any of the Trademarks in any manner without the prior written consent of XCloner. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.
Your privacy is important to us. Please read our for information regarding how we collect, use, share, and protect your personal information and protect your privacy when you use XCloner: https://xcloner.com/privacy-policy/.
All content that is made available to view and/or download or purchase in connection with the XCloner site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, texts (“Content”) and software, is owned by and is the copyrighted work of XCloner and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the XCloner site, is the exclusive property of XCloner and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of XCloner and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.
Any reproduction or redistribution of the Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent.
Send notifications to:
THE FERNANDES LAW FIRM
500 W. Silver Spring Dr.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Certain customers and partners of XCloner may receive a password from XCloner to access certain information on the XCloner site. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify XCloner immediately of any unauthorized use of your account or any other breach of security. XCloner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by XCloner or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder and XCloner.
LINKS TO THIRD PARTY SITES
Any dealings by you with third parties (including advertisers) included within the XCloner site, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. XCloner shall not be responsible or liable for any part of any such dealings or promotions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE XCLONER WEBSITE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE XCLONER WEBSITE AND MATERIALS, AND TO THE INFORMATION THEREIN. XCLONER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE XCLONER WEBSITE OR MATERIALS, AT ANY TIME.
XCLONER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE XCLONER WEBSITE, FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. XCLONER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT XCLONER SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE XCLONER WEBSITE. YOU SPECIFICALLY AGREE THAT XCLONER IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT XCLONER IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE XCLONER WEBSITE, BY ANY THIRD PARTY.
You agree to indemnify and hold XCloner, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the XCloner site, and/or any information (text or graphical), software, Products or Services obtained through the XCloner website, and/or from XCloner.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and XCloner with respect to the XCloner website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and XCloner with respect to the XCloner site.
ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
GENERAL TERMS AND CONDITIONS OF SALES
All goods and services (“Products”) supplied by XCloner are supplied to the Customer on these terms and conditions.
No order shall be binding on XCloner until accepted by XCloner. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by XCloner of an order from the Customer. XCloner reserves the right to accept any order in whole or in part. Where XCloner makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by XCloner.
All credit orders (if any) are accepted by XCloner subject to satisfactory credit approval of the Customer, which may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products supplied is required before delivery. Where credit has been granted, payment for the Products is to be made on or before 30 days from the date of invoice. Payment must be made in full without set off or deduction. XCloner will investigate any disputed amounts, and if resolved in favor of the Customer, a credit will be issued to the Customer.
All orders for free accounts or trial periods may be cancelled by XCloner at anytime and without notice, or after 30 days at the discretion of XCloner.
Ownership of the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to XCloner. Risk of loss in the Products will pass on delivery to the Customer.
The Customer may request a refund provided that the customer does so within 7 days of their payment. These requests may take up to 5 days to process.
Any costs/expenses, including but not limited to labor costs, incurred by XCloner between the payment date and the cancellation date may be deducted from the refund at the sole discretion of XCloner.
USE OF PRODUCT
The Customer agrees that it is the Customer’s responsibility to use any Products and Services in accordance with XCloner’s applicable guidelines. Unless otherwise specified, the Customer’s purchase of the Products and/or Services does not grant the Customer a right to reproduce additional copies of materials or content or enter any content into a computer or digital medium. No adaptations, translations, modifications, or special versions may be made without permission in writing from XCloner except as otherwise specified.