The X Dot Com, Inc., Privacy Policy

The X Dot Com Inc., Disclaimer

Current Version: 06/27/2005

Disclaimer of Warranties

You expressly understand and agree that:

• Your use of this site, the software and the services is at your sole risk. This site the software and the service sare provided on an "as is" and "as available" basis. The X 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.
• The X is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to this site, the software or the service,s or other interaction with this site, the software or the services. You are responsible for maintaining and backing-up your data, and information that may reside on this site or the services. The X does not warrant that (i) this site, the software or the services will meet your specific requirements, (ii) this site, the software or the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of this site, the software or the services will be accurate or reliable, (iv) the quality of any products, services, inforamtion, or other material purchased or obtained by you through this site, the software or the services will meet your expectations, (v) this site, the software, the services, and/or the server that makes same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components, and (vi) any errors in this site or the software will be corrected.
• Any material or content downloaded or otherwise obtained through the use of this site, the software or the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• No advice or information, whether oral or written, obtained through or from the site, the software or the service shall create any warranty not expressly stated in this TOU or other terms of service.

limitation of Liability

You expressly understand and agree that The X shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The X has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use this site, the software or the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or service spurchased or obtained or messages received or transactions entered into through or from this site, the software or the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on this site or the services; or (v) any other matter relating to this site, the software or the services.

Your only right with respect to any problems or dissatisfaction with this site, the services or the software is to terminate your account, discontinue any use of this site and cease use of the services and the software.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion or liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 19 and 20 may not apply to you.