WEBSITE TERMS OF USE

 

Acceptance of Terms of Use

Welcome to the EXTEN Technologies, Inc. public Website (the “Site”). By using the Site, you agree to follow and be bound by the following terms and conditions (“Terms of Use”). These Terms of Use form a binding contract entered into between you and EXTEN, Technologies Inc. (“EXTEN”). If you, as an individual, are acting for or on behalf of a company, organization, or other entity, such as your employer, then by accessing or using the Site: (i) you represent that you are fully authorized to access or use the Site; (ii) you agree to be bound by these Terms of Use on behalf of yourself and such entity; and (iii) “you” shall refer collectively to you and such entity.Please be aware that EXTEN reserves the right to revise these Terms of Use at any time without notice, and any such revisions will be noted by updating the date these Terms of Use were last revised.  Such revised terms are effective as of the time they are posted to the Site. 

If you do not accept or agree to these Terms of Use, then you are not authorized to, and must not, access or use the Site.

Use of Web Site Information

EXTEN provides the Site for informational purposes. You may download, view, copy and print documents and graphics posted on the Site (the "Documents") subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; (b) the Documents and information will be attributed to EXTEN Technologies, Inc.; and (c) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from the Site in whole or in part without the express authorization of EXTEN.

You are responsible for making all arrangements necessary for you to have access to the Site.

EXTEN reserves the right to withdraw or modify the Site, and any content or services EXTEN may provide via the Site, in EXTEN’s sole discretion and without notice. EXTEN may also restrict access to some or all of the Site, at any time and to any user or users. EXTEN shall not be liable if for any reason any part of the Site is unavailable at any time or for any period. 

EXTEN Software

Certain software, documentation and related materials (collectively, “EXTEN Materials”) may be available for download from the Site.  The downloading, access and use of any and all such EXTEN Materials is subject to the terms of the agreement between you and EXTEN (the “License Agreement”). All rights, title and interest not expressly granted under such License Agreement are reserved by EXTEN. To the extent there is a conflict between these Terms of Use and any provision in your License Agreement with respect to your use of the EXTEN Materials, the terms of the License Agreement shall prevail.

Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site and are fully responsible for all activities that occur under your password(s). You agree to notify EXTEN immediately of any unauthorized use of your password(s).]

Privacy

EXTEN values individual privacy, and is committed to protecting individuals’ information. All information collected through the Site is subject to our Privacy Policy, available [here]. By accessing or using the Site, or otherwise agreeing to these Terms of Use, you acknowledge that you have read and understand the terms of the Privacy Policy and consent to the treatment of your information in accordance with the Privacy Policy.

Termination of Use

You agree that EXTEN may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by EXTEN.  You agree that all terminations, suspensions, or other limitations of access for cause shall be made in our EXTEN’s discretion, and EXTEN shall not be liable to you or any third party for any termination, suspension, or other limitation of your access to the Site. EXTEN is not responsible for any loss or damage arising out of your failure to comply with these Terms of Use or the steps that may be required as a consequence of any actual or perceived breach or other violation of these Terms of Use by you.

Intellectual Property

The Site and all of its contents and services (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by EXTEN, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

No right, title, or interest in or to the Site or any contents or materials on the Site is granted or transferred to you except as expressly set forth herein, and all rights not expressly granted herein are reserved by EXTEN. Any use of the Site not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use and may violate copyright, trademark, and other laws.

These Terms of Use permit you to use the Site for informational use only. Except as expressly provided herein or under your Service Agreement (if applicable), you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the contents of the Site, except as follows:

  • Your computer may temporarily store copies of such contents of the Site in RAM incidental to your accessing and viewing those contents.
  • You may store files that are automatically cached by your browser for display enhancement purposes.
  • You may print or download a reasonable number of pages of the Site or a reasonable amount of materials from the Site, in either case solely for private use or use for internal business purposes and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from the Site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

If you print, copy, modify, download, publicly display or distribute, or otherwise use any contents or materials from the Site in breach of these Terms of Use, EXTEN may immediately terminate your right to use the Site, and you must, at EXTEN’s option, return or destroy any and all copies of contents or materials from the Site in your possession.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To send, knowingly receive, upload, download, use, or re-use any material with unlawful, defamatory, threatening, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content.
  • To impersonate or attempt to impersonate EXTEN, an EXTEN employee or representative, another user, or any other person or entity.
  • To build any competitive products or services.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm EXTEN or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Create internet “links” to the Site or “frame” or “mirror” any portions of the Site in any other website or mobile site, or on any other server or wireless or internet-based device.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Otherwise attempt to interfere with the proper working of the Site.

If EXTEN learns or reasonably suspect that you, or others under your control or direction, have used the Site in a manner prohibited herein, EXTEN may block, suspend, terminate, or withhold your access to the Site as it deems appropriate in its sole discretion.

Monitoring and Enforcement

EXTEN reserves the right to:

  • Take any action with respect to any user conduct that EXTEN deems necessary or appropriate in its sole discretion, including if w EXTEN believes such user conduct violates these Terms of Use, including those prohibited uses described herein, or that such user conduct infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for EXTEN.
  • Disclose your identity or other information about you to any third party who claims that your use of the Site violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, EXTEN reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing EXTEN to disclose the identity of any users of the Site or other information of anyone posting any materials on or through the Site.  YOU WAIVE AND HOLD HARMLESS EXTEN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EXTEN DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER EXTEN OR LAW ENFORCEMENT AUTHORITIES.

EXTEN assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. EXTEN shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THIS PUBLIC SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO THE EXTEN MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXTEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXTEN MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR BE FREE OF DEFECTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR BE COMPATIBLE WITH ANY EQUIPMENT OR SOFTWARE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THE SITE IS SECURE OR THAT ANY INFORMATION PRESENTED VIA THE SITE IS ACCURATE OR COMPLETE.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE EXTEN MATERIALS, IS DONE AT YOUR OWN DISCRETION AND RISK. EXTEN SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. EXTEN RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability

IN NO EVENT SHALL EXTEN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, ECONOMIC LOSS OR DAMAGES FOR LOSS OF PROFITS, BUSINESS, REVENUE, DATA OR USE, BREACH OF DATA OR SYSTEM SECURITY, OR HARM TO REPUTATION OR GOODWILL INCURRED BY YOU OR ANY THIRD PARTY, UNDER ANY LEGAL THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATED TO YOUR ACCESS TO, OR USE OF, THE SITE.  THE FOREGOING EXCLUSIONS SHALL APPLY REGARDLESS OF WHETHER EXTEN OR ANY ITS REPRESENTATIVES WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF EXTEN TO YOU UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR THEIR SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED FIVE U.S. DOLLARS ($5). ALL CLAIMS AGAINST EXTEN WITH RESPECT TO ANY LIABILITY RELATED TO THESE TERMS OF USE SHALL BE AGGREGATED TO DETERMINE SATISFACTION OF SUCH LIMIT, AND THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE OR EXTEND THE FOREGOING LIMITATION.  THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Indemnity

You agree to defend, indemnify and hold harmless EXTEN, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site, including but not limited to any: (i) content that you upload, post, email, transmit or otherwise make available via the Site; (ii) your breach of any of your representations, warranties, covenants or obligations under these Terms of Use; or (iii) negligence or any more culpable act or omission (including recklessness or willful misconduct) by you in connection with these Terms of Use or their subject matter.

Note about Children

Minors are not eligible to use the Site. EXTEN requests that they do not submit any personal information.

Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and not to directly or indirectly provide or otherwise make available the services and products of EXTEN in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of EXTEN outside the U.S.

Applicable Laws

All matters relating to your access to and use of, the Site shall be governed by U.S. federal law or the laws of the State of Texas. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Travis County, Texas. You and EXTEN agree to submit to the jurisdiction of and agree that venue is proper in, these courts in any such legal action or proceeding.

Waiver and Severability

The failure of EXTEN or you to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Entire Agreement

These Terms of Use, together with any disclaimers that may appear on the Site, shall constitute the entire agreement between you and EXTEN regarding the Site. The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.

Contact Information

If you have any questions regarding these Terms of Use, please contact EXTEN at legal@exten.io.

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