Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS OF USE") OF
XTHINK INCORPORATED ("xThink") WEB SITE (THE "SITE") CAREFULLY. BY ACCESSING OR USING
THIS SITE YOU EXPRESSLY AGREE TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS OF
USE. YOU SHOULD REVISIT THIS PAGE FROM TIME TO TIME AS YOUR USE OF THE SITE IS
SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS OF USE POSTED
ON THE SITE AT THE TIME OF SUCH USE. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE
Your Right to Use This Site Provided that you comply with the Terms and Conditions of Use, you have
the right to use this Site to (a) view various materials, including information, documents, and other
content on the Site (collectively, the "Materials"), (b) access services that xThink may provide from time
to time, such as discussion forums, educational tools and an online store (collectively, the "Services"),
and (c) obtain products, such as software, educational books and videos, and promotional
accessories that may be offered from time to time (collectively, the "Product(s)"). xThink reserves the
right to restrict, suspend or terminate your access to all or part of the Site at any time.
Ownership of Material on the Site The Materials on the Site are owned by xThink and its licensors
and suppliers. They are copyrighted and protected by United States, Canadian and international
intellectual property laws, treaties and conventions. You may not copy, adapt, reverse engineer,
modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the
Materials in any manner whatsoever, except as expressly permitted herein, without the prior written
permission of the relevant rights holder(s).
You may not create a hyperlink directly to a page on the Site, other than the default, index or home
page found at http://www.xthink.com, without the prior written permission of xThink.
The trademarks and/or service marks of xThink and others used on the Site are the property of xThink
or their respective owners. You may not use any trademark displayed on the Site without the written
permission of xThink or the respective owner. Your use of the Site is conditional upon your abiding by
all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are
forbidden from removing or altering any such notices in full or in part from Materials that you print or
Software Products In the event that you download software products ("Software") from the Site,
whether purchased or free-of-charge, xThink grants you a personal, non-transferable and non-
assignable license pursuant to the terms of the accompanying Software License Agreement. Title to
the Software is not being transferred to you and you may not copy, modify, sell, distribute, decompile,
disassemble or reverse-engineer the Software. The shipment and
downloading of Software are subject to the Export Restrictions described herein.
Communications/Submissions From/By You to the Site All communications to the site and any
information, files, comments or submissions of any kind that you provide to xThink through the Site or
post to the Site for viewing, access or download by others ("Submissions") will be considered non-
any kind to you respecting your Submissions and will be free to use them on an unrestricted basis
for any purpose(s). You are prohibited from sending xThink or any other user of the Site any unlawful,
threatening, libelous, defamatory, obscene, pornographic, or any other Submissions that would violate
any law or the rights of others under applicable law. You are solely responsible for the legality of your
own Submissions and, by submitting or posting such Submissions, expressly warrant that you have
all necessary intellectual property rights necessary to do so. xThink shall have the right, but not the
obligation, to review your Submissions to ensure that they comply with the Terms and Conditions of
Use and any applicable laws or regulations. xThink reserves the any court order directing it to disclose
the identity of anyone sending or posting Submissions of any kind to the Site.
Third Parties From time to time this Site may contain references and links to content, products,
services or other offerings of third parties ("Third Parties"). Such references and links do not constitute
or imply an endorsement or recommendation by xThink of any such Third Party and in no way should
be interpreted as an acceptance of responsibility or liability for Third Parties. You expressly
acknowledge and agree that xThink shall have no liability of any kind for any content, products,
services or other offerings made available by Third Parties.
Export Restrictions xThink is prohibited by applicable export control laws from shipping or allowing
the download of certain Products to certain jurisdictions and/or residents of such jurisdictions. You
may be required to select your country of residence from a list before accessing or obtaining Products
subject to export restrictions. If your country of residence is not listed, you may not access or obtain the
requested Product. Notwithstanding the foregoing, You may not access or obtain any Product if you
are subject to any regulatory order or other applicable export restriction or embargo. Even if your
country is listed, it remains your responsibility to determine the legality in your jurisdiction of
downloading, purchasing or using Products offered on the Site. In these Terms and Conditions
of Use, Products include any Materials subject to the Export Restrictions described herein.
Disclaimer and Liability EXCEPT AS OTHERWISE NOTED HEREIN OR IN AN ACCOMPANYING
SOFTWARE LICENSE AGREEMENT, THE MATERIALS, SERVICES AND PRODUCT PROVIDED ON
THIS SITE ARE PROVIDED "AS IS" BY xThink, WITHOUT ANY WARRANTIES OR REPRESENTATIONS
OF ANY KIND, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not
apply to you. To the extent permissible, any implied warranties or representations are limited to the
fullest extent permitted by law. You agree that xThink shall have no responsibility for viruses that may
damage your computer system or data resulting from your access to or use of the Site. Although
reasonable efforts are used to ensure that the Site will be current and will contain no errors or
inaccuracies, xThink does not warrant or represent the accuracy and completeness of the Materials on
the Site. xThink may make changes to the Materials on the Site at any time without notice and without
liability. The Materials on the Site may be out of date, and xThink makes no commitment to update the
Materials. YOU HEREBY EXPRESSLY IRREVOCABLY RELEASE, DISCHARGE, ACQUIT AND
FORGIVE xThink, ITS PARENT COMPANIES, AFFILIATES, SUPPLIERS, LICENSORS, SPONSORS,
CREDIT CARD PROCESSING OR AUTHORIZATION COMPANIES, AGENTS, REPRESENTATIVES,
EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY THE "xThink GROUP") FROM ANY AND
ALL CLAIMS, ACTIONS, SUITS, DEMANDS, LIABILITIES, JUDGMENTS AND PROCEEDINGS BOTH AT
LAW AND IN EQUITY ARISING FROM OR RELATED TO YOUR USE, INABILITY TO USE, OR THE
RESULTS OF USE OF THIS SITE (OR ANY INFORMATION PROVIDED HEREUPON), THE
MATERIALS, THE SERVICES, THE PRODUCTS OR ANY THIRD PARTY SITES, OR THE MATERIALS,
SERVICES, INFORMATION, OR PRODUCTS CONTAINED OR PROVIDED THROUGH ANY OR ALL
SUCH THIRD PARTY SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT FORESEEABLE. You agree to defend, indemnify and hold
harmless the xThink Group and each of them from all liabilities, claims, costs and expenses,
including legal fees, that arise out of or in connection with Your use of the Site, your viewing or
downloading of Materials from the Site, your use of Services or acquisition of Products on
the Site, or your Communications to the Site.
Additional Terms and Conditions for xThink' Online Store The following terms and conditions apply
to purchasers of Products offered for sale and/or download from xThink’s online store. These terms
and conditions are in addition to, and are not intended to substitute for or in any way limit, the other
Terms and Conditions of Use listed herein.
LICENSING AND PAYMENT TERMS. All sales are final and non-cancelable. Orders are not binding
upon xThink until xThink in its sole discretion accepts the order. When you select Products for
purchase and choose "SUBMIT" on the order page, the total of the Product price, taxes and any
applicable shipping, handling, and insurance costs (if any) will be charged to the credit card number
you provide. You acknowledge that xThink may use third party credit card processing or authorization
services during the course of verifying your credit information and/or completing your purchase. You
confirm that you are authorized to use such credit card number to make this purchase and permit
xThink to take steps to verify such authorized use. You are responsible for all charges incurred in your
use of the Site, whether or not authorized by you. You should inform yourself of the extent of
your liability for unauthorized charges under any credit card agreement(s) that may apply to you. You
may not assign an order for a Product without the prior written permission of xThink. Sales
transactions are void wherever such transactions are prohibited. In addition to the Applicable Laws
provisions herein, the parties expressly exclude the application of the United Nations Convention on
Contracts for the International Sale of Goods. Products may not be exactly as shown or described.
xThink does not guarantee that all Products advertised in the online store will be available at all times.
xThink reserves the right to limit quantities.
CONSUMER INFORMATION. Individuals or organizations that wish to order a Product for purchase
from xThink’ online store must complete the form provided, and supply current, complete, and truthful
information as prompted. This information is collected for the purpose of fulfilling Your order. You
agree to notify xThink promptly of any changes in this information until such time as the order has
been fulfilled. Products may be purchased for lawful purposes and by end-users only.
PRICING. Product prices listed on the Site are provided for informational purposes only, and do not
constitute an offer to sell Products. Unless otherwise stated, prices are in U.S. dollars and do not
include applicable taxes or shipping, handling, or insurance costs. You accept sole responsibility for
the importation of any Products, including required licenses and permits and all associated costs,
from the United States into other jurisdictions.
LIABILITY. EXCEPT AS EXPRESSLY PROVIDED IN ANY SOFTWARE LICENCE AGREEMENT
RELATING TO OR SHIPPED WITH THE LICENSED SOFTWARE AND TO THE FULL EXTENT
PERMITTED BY LAW, XTHINK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING,
OR USAGE FOR TRADE. ANY APPLICABLE STATUTORY CONSUMER RIGHTS ARE NOT AFFECTED
BY THIS CLAUSE. WITHOUT LIMITING THE APPLICABILITY OR GENERALITY OF THE "DISCLAIMER
AND LIABILITY" PROVISIONS ABOVE, TO THE FULL EXTENT PERMITTED BY LAW, THE XTHINK
GROUP SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES
OF ANY KIND ARISING OUT OF THE DELIVERY, DELAY IN DELIVERY, OR USE OF PRODUCTS
ACQUIRED OR LICENSED FROM XTHNK. XTHINK SHALL NOT BE LIABLE FOR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS BY YOU OR ANY OTHER PERSON OR ENTITY. THE
LIMITATIONS IN THIS SECTION WILL APPLY, WHERE PERMITTED, NOTWITHSTANDING THE
FAILURE OF THE ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY.
Additional Terms and Conditions for Instructional Materials
The following terms and conditions apply to any and all third-party image files, lessons, and/or project
files used for learning xThink software (collectively, the "Instructional Materials") that may be made
available from time to time on the Site. These terms and conditions are in addition to, and are not
intended to substitute for or in any way limit, the other Terms and Conditions of Use listed herein.
LIMITED USE. The Instructional Materials may be used internally in your work but cannot be
redistributed or transferred in any way as clip art without the express prior written permission of xThink.
NO SUPPORT. xThink provides no support whatsoever for the use of Instructional Materials.
ACCURACY. Each of the Instructional Materials is subject to these Terms and Conditions. xThink has
made "Undocumented and Unsupported" files. xThink assumes no liability for the accuracy or
completeness of any file. xThink may, but is not required to, modify the Instructional Materials in
response to reports of bugs or errors.
COMPATIBILITY. Not all features described are available in all xThink software. xThink does not
guarantee that future versions of any Instructional Materials will contain the same selection of
Materials, nor that the current Instructional Materials will be compatible or be made compatible with
future versions of software.