In consideration of XPX granting you access to the Site, you hereby agree as follows:
XPX reserves the right at its sole discretion to change, modify, add or remove portions of these Terms at any time without notice or liability, and such modification shall become effective upon posting on the Site. Your use of the Site following any such modification shall be conclusively deemed to be your acceptance of such modification. If you do not agree to any of these Terms, you may not use the Site.
The information provided on the Site is for educational and informational purposes only. The information should not be construed as a recommendation by XPX for any course of action regarding financial, legal or accounting matters. It is not meant as a substitute for professional advice from a qualified legal, accounting or financial professional.
XPX may change, suspend or discontinue any aspect of the services provided at the Site at any time without notice or liability, including the availability of any feature, blog, database or content.
As part of the registration process to create a User Profile and to access members-only portions of our site, you will select a user name and password. You may change your password at any time in accordance with the procedure on the Site. You agree to provide XPX with accurate, complete, and updated registration information. Failure to do shall constitute a breach of this Agreement, which may result in immediate termination of your access to the Site.
You agree you are exclusively responsible for maintaining the confidentiality and security of your password and account. You agree to promptly notify XPX of any unauthorized use of your password or account, or any other breach of security known to you. Furthermore, you are solely responsible for any and all activities that occur under your account.
XPX does not represent, warrant or endorse the accuracy or reliability of any information displayed, uploaded, downloaded or distributed through the Site by any User, or any other person or entity. XPX disclaims liability for any damages or losses, direct or indirect, that may result from use of or reliance on information contained on the Site.
The Site contains a combination of content that XPX, its partners and its Users create. All materials published on the Site including but not limited to text, images, video, graphics and multimedia files ("Content") are protected by all applicable copyright and trademark laws and owned by XPX or the party credited as the provider of the Content. All rights in the Content are expressly reserved by the applicable copyright and trademark owner.
XPX, Exit Planning Exchange, Owner’s Academy and the XPX logos are trademarks, service marks, membership marks, and/or logos that are the property of XPX Global LLC. Trademarks, logos, images and service marks displayed on the Site are the property of either XPX or other third parties, and used by XPX with permission. You agree not to display or use any XPX or third party marks without prior written consent of XPX or the appropriate third party licensor.
You may not remove, delete, alter, obscure, obliterate or change any copyright and trademark notices, including any other proprietary notices, contained in the Content. Unless otherwise set forth in these Terms, you may not copy, reproduce, republish, sell, transfer, modify or distribute in any way, without the prior written consent of XPX, its licensors and/or its third party providers and distributors, any of the Content or data found in the Site.
By posting User Consent to the Site, you warrant and represent that you either own or otherwise control all of the rights to that User Consent, including without limitation, all the rights necessary for you to provide, post, upload, input, or submit the User Consent, or that your use of the User Consent is a fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the User Consent you supply does not violate these Terms, and that you will indemnify and hold XPX, its subsidiaries, affiliates, officers, employees, and agents, harmless for any and all claims resulting from material you supply.
You represent and warrant that any User Content posted by you does not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
By posting User Consent to the Site, you grant XPX, its subsidiaries, affiliates, partners and third party licensees a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate your material with other Content, create derivative works of and publicly perform that Content for any purpose on and through each of the services provided by the Site. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed.
By providing User Content to the Site, you hereby permit XPX to identify you as the provider of your User Content in any form, media and technology. You may revoke this license by removing your User Content from the Site.
XPX encourages meaningful exchange on the Site on issues involving privately-held businesses and their owners. We reserve the right to review, edit and/or remove Content that we deem to be inappropriate.
You understand that by using the Site, you may be exposed to User Content that may be offensive or objectionable to you. XPX may, but is not obligated to, preview or review any User Content and, in its sole discretion, may block or may remove from the Site, without notice, any User Content that violates these Terms or is otherwise objectionable. However, failure to block or remove any User Content is not an endorsement, warranty, representation, or guarantee regarding such User Content.
You agree that XPX has no liability or responsibility for the storage or deletion of any User Content that you submit or post through the Site.
Any information, ideas or opinions posted by Users of the Site does not necessarily reflect the views of XPX. XPX does not assume responsibility for the accuracy of any information, ideas or opinions posted by Users and is not liable for any claims, damages or losses resulting from such information, ideas or opinions.
When posting any information, materials or content you agree that you will not:
You must at all times use the Site in a responsible and legal manner. In particular (but not exclusively), you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; or interfere with or disrupt the service or services or networks connected to the Site; collect or store personal data about other Users including email addresses without consent. You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of the Site.
It is XPX’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
Notice - If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 USC 512(c)(3) for further detail):
XPX’s designated Copyright Agent to receive notifications of claimed infringement is , email: email@example.com.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, XPX may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at XPX’s sole discretion.
The Site may contain links to other Internet sites operated by third parties. These links are provided as a convenience to access the information contained therein. XPX does not endorse or approve, is not a sponsor, partner, promoter or publisher of such sites or their content, and expressly disclaims any responsibility or liability for the content of any other site. You should direct any concerns regarding any external link to the site administrator or Webmaster of such other site.
Your dealings with members, chapters and third party vendors found on or through the Site, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. XPX does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and you agree that XPX will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on the Site. You acknowledge that such third party sites usually have their own terms and conditions, including privacy policies, over which XPX has no control and which will govern your rights and obligations with respect to the use of those sites.
THE SITE IS PROVIDED BY XPX ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. XPX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THE SITE, OR THAT ACCESS TO OR USE OF EXITPLANNINGEXCHANGE.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XPX DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY. YOU AGREE THAT XPX IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.
XPX, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, THE PROVISION OF SERVICES HEREUNDER, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING WITHOUT LIMITATION, FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE, INFORMATION ON THE SITE OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE XPX, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR INFORMATION ON THE SITE.
You agree to indemnify, defend and hold harmless XPX, its parents, affiliates and subsidiary companies, shareholders, officers, directors, members, managers, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the Site, the violation by you of these Terms or the infringement by you of any intellectual property or other right of any person or entity.
XPX may at any time, in its sole discretion, terminate, limit or suspend your access to the Site, without notice or liability, for any reason whatsoever, including without limitation your breach of this Agreement or the termination of your membership in XPX.
This Agreement, its Terms, and use of the Site are governed by and will be interpreted under the laws of the Commonwealth of Massachusetts, United States of America, without reference to conflicts of laws and without regard to the location of execution or performance of this agreement.
Any provision of these Terms that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms shall continue in full force and effect.
Except to the limited extent set forth herein, neither these Terms, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without XPX’s prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These Terms are binding upon XPX and each User’s respective successors and permitted assigns. No failure of XPX to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
You hereby agree that any and all disputes which may arise and any litigation that may arise from such disputes will be litigated before a court located in Middlesex County, Massachusetts, to the exclusion of the courts of any other country, state or county.
If site Users have any questions or suggestions regarding our Terms, please contact us at firstname.lastname@example.org
Updated June 25 2017