Terms of Use and Legal Notices

Terms & Conditions
The following are terms of a legal agreement between you and Xpediate consulting LLC ® ("Xpediate"). By accessing and browsing this web site ("Site"), you accept, without limitation or qualification, the following terms and conditions. If you are using this Site on behalf of your employer, you represent that you are authorized to accept these terms and conditions on your employer's behalf. Your failure to comply with these terms and conditions terminates your right to browse or otherwise make use of the Site.

1. Proprietary Rights
The copyright and other proprietary rights in all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials ("Content") contained on this Site is owned by Xpediate or third parties. Unless otherwise specified, the Content contained in this site is for your personal and non-commercial 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 Site. You may not "frame" or "mirror" any Content contained on this Site unless authorized in writing by Xpediate. Unauthorized use of text, documents, graphics, images, video, audio, software and other proprietary material may violate copyright, trademark, privacy, right to publicity, export, and communications laws and regulations.

2. Trademarks
The trademarks, and logos displayed on this Site are registered and common-law trademarks of Xpediate and third parties. No license or right to use any trademark contained on this Site is granted whether by implication, estoppels, or otherwise, and any use of any trademark contained on this site is expressly prohibited unless authorized in writing by Xpediate or such other third party trademark holder. Any inquiries regarding these trademarks or whether any other name or logo is a trademark of Xpediate should be directed to Xpediate at contact@xpd8llc.com. Other brands, product names, trademarks and logos appearing on this Site are the property of their respective owners.

3. Links to Third Party Sites
Links to other websites contained in this Site are intended only for informational purposes. Neither Xpediate nor this Site is sponsored or affiliated with any particular linked entity unless expressly stated; the existence of any particular link is intended only to provide potential interest to visitors of this Site. These linked sites are not controlled by Xpediate; Xpediate may not have reviewed any or all of the linked sites and XPEDIATE MAKES NO REPRESENTATIONS OR WARRANTIES AND ASSUMES NO RESPONSIBILITY WHATSOEVER REGARDING ANY OTHER WEBSITE THAT YOU MAY ACCESS THROUGH THIS SITE. XPEDIATE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY XPEDIATE OF THE SITE.

4. Content Inaccuracies
THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (a) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY; (b) ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; (c) IMPLIED WARRANTIES AGAINST INTERFERENCE WITH THE ENJOYMENT OF INFORMATION OR OF TITLE AND NON-INFRINGEMENT; (d) IMPLIED WARRANTY OF ACCURACY OF INFORMATIONAL CONTENT (e) ANY IMPLIED WARRANTY THAT SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER AND (f) ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XPEDIATE OR ITS VENDORS BE LIABLE TO ANY PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF OR DAMAGE TO PROPERTY, FAILURE TO MEET ANY DUTY (INCLUDING OF THE DUTIES OF GOOD FAITH OR OF REASONABLE CARE), CLAIMS OF THIRD PARTIES, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER ARISING AS A CONTRACT, BREACH OF WARRANTY, OR NEGLIGENCE OR OTHER TORT ACTION, IN CONNECTION WITH USE OF THIS SITE, EVEN IF XPEDIATE OR ITS VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Unsolicited Idea Submission Policy
Xpediate and its employees do not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, advertising campaigns, promotions, marketing plans or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when Xpediate's products or marketing strategies might seem similar to ideas submitted to Xpediate. PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS, ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS TO XPEDIATE OR ANYONE AT XPEDIATE. If, despite this policy, you still send unsolicited materials, please understand that any communication or materials you post to this Site or submit to Xpediate will be treated as non-confidential and nonproprietary, and may be disseminated or used by Xpediate or its affiliates for any purpose whatsoever, including developing, manufacturing or marketing products or services. If you send any proprietary information or material to this Site, you hereby grant to Xpediate an unrestricted, irrevocable license to use, reproduce, display, perform, modify, adapt, and distribute such material and information and you also agree that Xpediate is free to use any ideas, concepts, know-how or techniques contained in any communications you post to this Site or submit to Xpediate unless otherwise specifically agreed in writing by an authorized representative of Xpediate. You are prohibited from posting any unlawful, libelous, defamatory, inflammatory, threatening, pornographic, profane, scandalous, or other material that may give rise to civil or criminal liability or otherwise violates any applicable law.

6. U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable law and regulations. Use of the materials by the Government constitutes acknowledgement of Xpediate's proprietary rights in them.

7. Compliance with Export Control Laws
Software and other materials described on this Site may be subject to United States Export Control. You agree to comply with all applicable international and national laws that apply to software, including the U.S. Export Administration Regulations, as well as end-user and destination restrictions issued by U.S. and other governments. Xpediate does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

8. Notices Specific to Software and Services Described on This Web Site
Any software that is described on this site ("Software") is the copyrighted work of Xpediate and/or its vendors. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Any services described in this site shall be governed by the terms of the applicable services agreement entered into between Xpediate and the customer. Any pricing information is not deemed valid unless in person discussions between you and an authorized Xpediate representative regarding requirements specific to your organization occur and are supported with an authorized proposal for the delivery of products or services. THE SOFTWARE AND SERVICES DESCRIBED ON THIS SITE ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT OR SERVICES AGREEMENT. EXCEPT AS WARRANTED IN THE APPLICABLE LICENSE AGREEMENT OR SERVICES AGREEMENT, THE SOFTWARE AND/OR SERVICES ARE PROVIDED "AS IS", AND XPEDIATE HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (a) ANY WARRANTY THAT THE SOFTWARE IS ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTION, OR IS COMPATIBLE WITH ALL EQUIPMENT AND APPLICATION CONFIGURATIONS; (b) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY; (c) ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; (d) IMPLIED WARRANTIES AGAINST INTERFERENCE WITH THE ENJOYMENT OF INFORMATION OR OF TITLE AND NON-INFRINGEMENT; (e) IMPLIED WARRANTIES OF ACCURACY OF INFORMATIONAL CONTENT (f) ANY IMPLIED WARRANTIES THAT SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER AND (g) ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE. IN NO EVENT SHALL XPEDIATE AND/OR ITS RESPECTIVE VENDORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

9. No Unlawful or Prohibited Use
As a condition of your use of this Site, you will not use the Site or its Content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair any Xpediate server, or the network(s) connected to any Xpediate server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any Xpediate server, 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 Site.

10. Updates
Xpediate may at any time revise these Terms and Conditions by updating this posting. Your continued use of this Site is contingent upon your agreement to be bound by any such revisions and you should therefore periodically visit this page to review the then-current Terms and Conditions.