Welcome to our Website and thank you for visiting us!

These Terms of Use (“Terms of Use“) govern use of this website located at www.xlforms.com, other websites that we operate and on which we post a direct link to this statement (collectively the “Website“) and the products and services (the “Services“) of XLFORMS, LLC., a company based in Texas (“XLFORMS“, “we“, “us” or “our“).

By accessing, browsing and/or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the “Terms“). XLFORMS may amend the Terms at any time by posting a revised version of the Terms on the Website. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY.  BY ACCESSING OR USING OUR WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE.

Privacy Policy

We respect your privacy.  Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Service, you signify your agreement to this Privacy Policy as well as responsible for complying with the Terms.

Copyrights and Other Intellectual Property

Except as otherwise provided on the Website, the design of this Website and all of its materials, including, but not limited to, its trademarks, service marks, trade names, images, audio, text, software and the “look and feel” of the Site, HTML code, scripts, artwork, photographs, designs, video, and written and other materials that appear as part of this Website (collectively, “Website Content“) belong to XLFORMS and/or to another party that has licensed their material to XLFORMS and are protected by U.S. copyright and trademark laws and other U.S. and international laws and treaties.

You may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any Website Content without our express written permission.

If you believe any Website Content or material herein infringes your copyright, you must give us a notice under the Digital Millennium Copyright Act by contacting our Designated Agent at [email protected]. Your notice should include the following information:

1.   A description of the copyrighted work that you claim has been infringed;
2.   The URL where the allegedly infringing Website Content is located;
3.   Your full name, postal address, telephone number, and email address;
4.   A statement that you have a good faith belief that the use of the allegedly infringing material on the Website is not authorized;
5.   Your physical or electronic signature; and
6.   A statement that you are the copyright owner or an authorized agent of the copyright owner.

Trademarks

Rights to the trademarks, logos, and product names (“Trademarks”) appearing on the Website belong to us or to other entities and are protected by U.S. federal and state trademark laws and international laws and treaties. Usage of such trademarks, without authorization from us or the right holder is strictly prohibited, except for specific use permitted under trademark law or other laws. No license for the use of the Trademarks is granted to you under these Terms or by your use of this Website.

Permitted use

Subject to these Terms of Use, XLFORMS grants to you a limited, personal, non-exclusive and non-transferable right to access and make personal use of the Website and the Website Content contained on the Website.

Your right to use the Website and Website Content is conditional to your compliance with These Terms.

Except as stated herein, you may not modify, edit, alter, publish, copy, reproduce, distribute, create derivative works of, reverse engineer, transmit in any form or by any means, enhance or in any way exploit any of the Website or Website Content in any manner (“Unauthorized use”), without the prior written permission of XLFORMS.

Also, you may not access or use the Website for any competitive or commercial purpose.

Any unauthorized use of the Website Content is prohibited. XLFORMS may revoke this limited license at any time for any or no reason. XLFORMS will aggressively enforce its intellectual property rights to the fullest extent of the law.

Links to Other Websites

This Website may provide you with convenient links to third party website(s) as well as content or items belonging to or originating from third parties. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by XLFORMS of or responsibility for the linked websites or any content, services or products available on or through such website(s). You agree that neither XLFORMS nor its affiliates shall have any liability whatsoever to you for any such third-party material, data or information.

Links from Other Websites

All links to this Website must be approved in writing by XLFORMS, except that XLFORMS consents to links in which:

1.   The link is a text-only link containing only the title of the home page of this Website,
2.   The link “points” only to the homepage of the Website and not to deeper pages,
3.   The link, when activated by a user, displays this home page of the Site full-screen and not within a “frame” on the linked Website, and
4.   The appearance, position, and other aspects of the link does not create the false appearance that an entity or its activities or products are associated with or sponsored by XLFORMS or its affiliates, or be such as to damage or dilute the goodwill associated with the name and trademarks of XLFORMS or its affiliates. XLFORMS may demand that you delete such a link. This permission terminates automatically if you breach any terms or conditions of the Terms. Upon termination, you shall remove any link.

Terms of Sale

By placing a purchase order for our products via this website, you agree to the following terms and conditions:

1.   Place of Sale: Any sale of goods in response to your purchase order will be deemed for all purposes to take place at XLFORMS headquarters in Austin, Texas.
2.   Governing Law: For all purposes (including, by way of example but not limitation, the applicability of products liability and truth-in-advertising standards, the construction, interpretation, enforceability and limitations of warranty terms, etc.) any sale of products via this website, and all rights, obligations, claims and liabilities arising therefrom and pertaining thereto, shall be governed by the substantive laws, rules and regulations of the State of Texas and the federal laws, rules and regulations of the United States of America, all without regard to choice-of-law principles.
3.   Venue; Personal Jurisdiction: Venue of any lawsuit or administrative proceeding on a claim arising out of or related to goods sold via this website shall lie in the Texas Superior Court for Travis County (or such inferior state court as shall have subject matter jurisdiction) and in the United States District Court for the Western District of Texas. Any objection to the assertion of personal jurisdiction of plaintiff or defendant by such court is waived.
4.   Returns: 1.       After the trial period no refund will be provided, unless otherwise authorized by XLFORMS under unexpected circumstances. XLFORMS reserves the right to provide refunds, or make any commercially reasonable efforts to solve any issues at his discretion. Please contact XLFORMS to see if you qualify for a refund.

 Product Descriptions and Colors

In describing and portraying our products on our Websites, we attempt to be as accurate as possible. We have made every effort to display as accurately as possible the colors of our products that appear on our Website. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate. In addition, we do not warrant that the product descriptions or other Website Content is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. If a product offered on a Website is not as described, your sole remedy is to contact [email protected].

WARRANTY DISCLAIMER

XLFORMS makes no representation, endorsement or warranty that the Website Contents, Products or Services described on this Website are accurate, available, up-to-date or suitable for your particular purpose. THE WEBSITE AND ITS WEBSITE CONTENTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, XLFORMS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE, THE WEBSITE CONTENTS AND SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT USE OF THE WEBSITE AND ITS CONTENTS IS AT THE USER’S SOLE RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Eligibility

By using or accessing this Website, you represent, warrant, agree and covenant to us that you are 13 years of age or older. If you are a User between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms.

Right to shut down or limit access

We reserve the right to limit, deny or revoke your access to our Website in our sole discretion, at any time, for any reason.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XLFORMS, ITS REPRESENTATIVES, PARTNERS, CONTRACTORS, OR OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS OR REVENUES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF OUR WEBSITE OR ITS CONTENTS, ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA; ANY LOSS OF USE RELATED TO OUR WEBSITE; ANY WEBSITE OPERATED BY ANY THIRD PARTY; OR ANY CONTENTS OF THIS WEBSITE OR ANY OTHER WEBSITE, EVEN IF XLFORMS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

Modification of Terms of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Website from time to time to view any such changes in the Terms.  If you continue to use the Website, you signify your agreement to our revisions to these Terms of Use.

Governing Law, Severability, Waiver, Dispute Resolution

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws, statutes, rules and regulations (including minimum age requirements) related to the use of Our Websites. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States of America and by the laws of the State of Texas.

Any claim arising out of, or relating to, the Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between XLFORMS and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law in the courts of that State of Texas.

General Terms

If any part of the Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of XLFORMS to enforce any provision of Terms will not be considered a waiver of our right to enforce such provision.  Our rights under these Terms will survive any termination of Terms.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT PRIVACY POLICY AND ANY INDIVIDUA PRODUCT END-USER LICENSE AGREEMENTS REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS.

Feedback and Information

If you have any questions or concerns about the Terms of Use, please send an email to [email protected].