The World Wide Web sites www.divisionx.com, www.divisionx.net and www.divisiox.co.uk are owned and operated by DivisionX, Inc., 2316 Klattenhoff Drive, Austin, TX 78728. These terms and conditions (“Terms”) apply to all and any use of these web sites and all and any postings, emails and other communications made to or using it or any services run by DivisionX, Inc. (“Submissions”).
By using this site, you agree to be bound by these Terms.
If you do not accept these Terms you should not use this site.
If you do not accept these Terms you should not make any Submissions.
DivisionX, Inc. may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from www.divisionx.net/terms.html.
Third party websites with links from www.divisionx.com, www.divisionx.net or www.divisionx.co.uk have not been verified or reviewed by DivisionX, Inc. and use and access of such third party websites is made at your own risk.
Intellectual Property Rights, Copyright and Trade Marks
You MAY download and use www.divisionx.com, www.divisionx.net or www.divisionx.co.uk for your private, non-commercial, personal use only, provided that you retain all copyright notices and other proprietary notices contained on www.divisionx.com, www.divisionx.net or www.divisionx.co.uk. You may not sub-licence or deal in this right without DivisionX, Inc.’s prior written permission.
All copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor (“Intellectual Property Rights”) in www.divisionx.com, www.divisionx.net or www.divisionx.co.uk belong to and vest in DivisionX, Inc., or are licensed to DivisionX, Inc. unless otherwise specified. All such rights of DivisionX, Inc. are hereby asserted and reserved.
No person other than the rightful owner or licensee of such Intellectual Property Rights may:
distribute, modify, transmit, re-use, re-post, or use any or all of www.divisionx.com, www.divisionx.net and www.divisionx.co.uk or the information contained therein for any purpose other than as set out above nor for public or commercial purposes without DivisionX, Inc.’s or the relevant licensee’s prior written permission;
provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to www.divisionx.com, www.divisionx.net or www.divisionx.co.uk without DivisionX, Inc.’s prior written permission;
display, publish, copy, print, post or otherwise use www.divisionx.com, www.divisionx.net or www.divisionx.co.uk and the information contained therein for the benefit of any other website without DivisionX, Inc.’s or the relevant licensee’s prior written permission;
process or otherwise use the information contained on or within www.divisionx.com, www.divisionx.net or www.divisionx.co.uk for any illegal or immoral purpose nor use or process the same unfairly.
No Warranties by DivisionX, Inc.
THE INFORMATION AND SERVICES PROVIDED THROUGH WWW.DIVISIONX.COM, WWW.DIVISIONX.NET AND WWW.DIVISIONX.CO.UK ARE PROVIDED ON AN “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE USE OF THE SERVICES IS WITH YOU. DIVISIONX, INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF WWW.DIVISIONX.COM, WWW.DIVISIONX.NET AND WWW.DIVISIONX.CO.UK. NO WARRANTY IS MADE REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT. DIVISIONX, INC. DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH WWW.DIVISIONX.COM, WWW.DIVISIONX.NET AND WWW.DIVISIONX.CO.UK WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
DivisionX, Inc. provides and maintains www.divisionx.com, www.divisionx.net and www.divisionx.co.uk for informational purposes only, and is subject to change or withdrawal by DivisionX, Inc. at any time without notice.
Subject as aforesaid, to the maximum extent permitted by law, DivisionX, Inc. excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to DivisionX, Inc. and DivisionX, Inc. shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
any incorrect or inaccurate information on www.divisionx.com, www.divisionx.net or www.divisionx.co.uk and all interruptions to or delays in updating the service;
the infringement by any person of any Intellectual Property Rights of any third party caused by their use of www.divisionx.com, www.divisionx.net or www.divisionx.co.uk;
any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading www.divisionx.com, www.divisionx.net or www.divisionx.co.uk, or from transmissions via emails or attachments received from DivisionX, Inc. or its licensees
The availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties (“External Sites”) to which www.divisionx.com, www.divisionx.net or www.divisionx.co.uk link and web site located on or through any External Site nor for any transactions involving External Sites (including as to ‘cookies’, personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
all representations, warranties, conditions and other terms which but for this notice would have effect.
you warrant and agree that in no event unless required by applicable law will DivisionX, Inc. be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the www.divisionx.com, www.divisionx.net or www.divisionx.co.uk web sites including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the web sites to operate, even if you or other party has been advised of the possibility of such damages.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit DivisionX, Inc.’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
DivisionX, Inc. shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access to and use of www.divisionx.com, www.divisionx.net or www.divisionx.co.uk upon your breach of any part of these Terms whatsoever.
Termination shall be without prejudice to the accrued rights of either party.
DivisionX, Inc. will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.