Terms and Conditions of Use
Welcome to XFX Technology. To ensure a safe, non-offensive environment for all of our users, we have established our Terms and Conditions of Use. It spells out what you can expect from us and what we expect from you. By utilizing the website of the XFX Technology, users ("Users") agree to be legally bound and to abide by the terms set forth below. Any references herein to xfx.4myrebate.com shall be deemed to refer to xfx.4myrebate.com as applicable under the circumstances.
I. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of xfx.4myrebate.com is at User's sole risk. Neither the XFX Technology, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that xfx.4myrebate.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of xfx.4myrebate.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through xfx.4myrebate.com.
THIS SITE IS PROVIDED BY THE XFX Technology ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE XFX TechnologyMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE XFX Technology DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE XFX Technology WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE XFX Technology NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall the XFX Technology or any other party involved in creating, producing, or distributing xfx.4myrebate.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use xfx.4myrebate.com, including but not limited to reliance by a User on any information obtained from xfx.4myrebate.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the XFX Technology’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through xfx.4myrebate.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
a. PROPRIETARY RIGHTS
User acknowledges that xfx.4myrebate.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the XFX Technology owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. All documents submitted becomes property of the XFX Technology.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on xfx.4myrebate.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither the XFX Technology, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to the XFX Technology. By submitting Content to any User-submit areas, including, without limitation, any User comments, User automatically grants, or warrants that the owner of such Content has expressly granted the XFX Technology the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on xfx.4myrebate.com retains any and all rights that may exist in such Content.
c. THIRD-PARTY CONTENT
The XFX Technology is a distributor of and not a publisher of Content supplied by third parties and Users. The XFX Technology has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of xfx.4myrebate.com, are those of the respective authors or distributors and not of the XFX Technology or its affiliates or any of their officers, directors, employees, or agents. Neither the XFX Technology nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of the XFX Technology, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through xfx.4myrebate.com represents the opinions and judgments of the respective Provider, or User not under contract with the XFX Technology. The XFX Technology neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on xfx.4myrebate.com by anyone other than authorized the XFX Technology employees. Under no circumstances shall the XFX Technology, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through xfx.4myrebate.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through xfx.4myrebate.com.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from xfx.4myrebate.com to either a foreign national or a foreign destination in violation of such laws.
III. ONLINE CONDUCT
User agrees to use xfx.4myrebate.com only for lawful purposes. User is prohibited from posting on or transmitting through xfx.4myrebate.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If the XFX Technology is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through a posting on a User bulletin board), the XFX Technology may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from xfx.4myrebate.com. The XFX Technology may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate xfx.4myrebate.com; or (iii) to protect the rights or property of the XFX Technology, its Users or Providers. The XFX Technology reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, xfx.4myrebate.com, the communities that make up the XFX Technology, or any rights of the XFX Technology or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the XFX Technology nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither the XFX Technology, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the XFX Technology.
V. TERMINATION OF USAGE
The XFX Technology may terminate User's access, or suspend any User's access to all or part of xfx.4myrebate.com, without notice, for any conduct that the XFX Technology, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or the XFX Technology.
VI. APPLICABLE LAW
This site is created and controlled by the XFX Technology in the State of Florida. As such, the laws of the State of Florida will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. The XFX Technology reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Florida and of the United States of America located in the State of Florida for any litigation arising out of or relating to use of or purchase made through xfx.4myrebate.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Florida Courts and agrees not to plead or claim in any Florida Court that such litigation brought therein has been brought in an inconvenient forum.