Terms of Use of Xarus
Legal Disclaimer.

The following terms of use apply to all visitor to or users of the Xarus ("Xarus") Website (the "Site"). When we refer to ourselves as "the site," "we," or "Xarus," we mean our entire website, including any websites under our control (for example, a subsidiary that we own). Please read and review these Terms of Use carefully before accessing or using this web site. By accessing or using this site, you acknowledge that you have read, understood, and agreed to the Terms of Use Agreement. If you do not agree to the Terms of Use, you may not access or use the site.

Use of Web Site
The information provided on this site is for general informational and educational purposes. Certain sections of this web site are intended for particular audiences including Xarus site members, and the general public. Your access to and use of the information contained in the web site is subject to this Terms of Use Agreement. By accessing and using this web site, you accept, without limitation or qualification, this Terms of Use Agreement.

User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You agree not to use the Site in any manner that might interfere with the rights of third parties.

Refusal of Service
Xarus reserves the right to refuse service to anyone for any reason at any time. Xarus, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Xarus, or any other Xarus service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.

Password Security
If you register to become a Xarus member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

Linking to this Site
If you would like to link to the Site, you must follow Xarus’s link guidelines. No linking is permitted just to attract attention or to suggest any endorsement or sponsorship by, or affiliation with Xarus. Unless specifically authorized by Xarus, you may not connect “deep links” to the Site. Example: Creating links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page. Except as expressly provided in the link guidelines documentation, no permission is granted to use Xarus's name, logo, trademarks, trade names or trade dress for any reason.

Content
Xarus will use reasonable efforts to include accurate and up-to-date information on this web site but Xarus makes no warranties or representations of any kind as to its accuracy, currency or completeness. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Xarus therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Xarus does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. You agree that access to and use of this web site and the content thereof is at your own risk. Xarus disclaims all warranties, express or implied, including warranties of merchantability of fitness for a particular purpose. Neither Xarus nor any party involved in creating, producing or delivering this web site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this web site, or any errors or omissions in the content thereof. This limitation includes damages to, or for viruses that infect your computer equipment.

Downloading Files
Xarus cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

Privacy
Xarus respects the privacy of its web site users. Please refer to Xarus's Privacy Policy that explains users' rights and responsibilities with respect to information that is disclosed on this web site.

Third Party Web Sites and Links
This web site may contain links or references to other web sites maintained by third parties over whom Xarus has no control. Such links are provided merely as a convenience. Similarly, this web site may be accessed from third party links over whom Xarus has no control. Xarus makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Xarus.

Non-Confidential Information
Subject to any applicable terms and conditions set forth in our Internet Privacy Policy, any communication or other material that you send to us through the internet, or post on the web site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Xarus shall have no obligation of any kind with respect to such information. Xarus shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

Trademarks
All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Xarus, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Xarus actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Copyrights
The Site and the Content are protected by U.S. copyright laws, and belong to Xarus or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Xarus or other copyright owners who have authorized their use on the Site. The entire contents of this web site are subject to copyright protection. Copyright © 2004-2005 Xarus. All rights reserved. The contents of this web site may not be copied other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this web site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Xarus. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Xarus, or any third party. Any product, process, service, invention or technology published on this Site may be the subject of intellectual property rights preserved by Xarus, its subsidiaries or licensors and are not licensed hereunder.

Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. Simply contact the webmaster at xarus@xarus.net for Making Claims of Copyright Infringement.

Effect of Agreement
This Agreement shall inure to the benefit of and shall be binding on the parties hereto, the successors, assigns, heirs and personal representatives of the users, and the heirs and personal representatives of the users. User’s rights, obligations and duties under this Agreement shall not be assigned by nor are they assignable by the User.

Governing Laws
In the case of any violation of these terms of use, Xarus reserves the right to seek all remedies available at law and in equity for such violations. This Terms of Use Agreement and your use of the web site shall be governed by the laws of the United States of America and the State of Illinois without regard to its conflicts of laws principles. Any legal action or proceeding related to this web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Illinois.

Void Where Prohibited
This web site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this web site is accessible to users outside of the U.S., the information on the web site pertaining to Xarus is intended for use only by residents of the U.S. Xarus reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this web site is void where prohibited.

Indemnification
You agree to indemnify, defend and hold harmless Xarus, its officers, employees, agents, and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from any violation by you of these Terms of Use.

Limitation of Liability
IN NO EVENT WILL XARUS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF XARUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, XARUS’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $10.00.

Miscellaneous
If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Xarus reserves the right to alter or delete materials from this web site at any time at its discretion.

Enforcement
Any and all disputes relating to this Agreement, Xarus’s Privacy Policy, your use of the Site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Illinois, without regard to any conflict of laws provisions.

Xarus may amend the terms of use from time to time in its discretion. You shall be bound by any such amendments and should therefore periodically visit this web page to review the then current terms of use to which you are bound.