Terms of Use

Terms of Use

Welcome to the Xledger Web sites (the “Site”). By visiting the Site and accessing the information, content, text, documentation, photographs, designs, images, advertisements, source code, sample code, tools, API, or other materials made available by Xledger in, on, or through the Site (the “Materials”), you agree to comply with and be bound by these Website Terms of Use and any documents referenced herein (the “Terms”). These Terms supplement and do not modify or replace any other agreements entered into between you and Xledger, including, but not limited to, a Customer Agreement, Subscription Services Agreement, Partnership Agreement, Referral Partner Agreement, or other similar agreements (the “Main Agreement”).

YOU MAY NOT ACCESS, OR ATTEMPT TO ACCESS, THE PORTIONS OF THE SITE THAT REQUIRE A PASSWORD FOR ACCESS OTHER THAN AS AN AUTHORIZED USER PURSUANT TO THE MAIN AGREEMENT. IF YOU ARE AN AUTHORIZED USER, YOU MAY NOT ACCESS THE SITE AND EXCEED THE SCOPE OF YOUR PERMITTED USE UNDER THE MAIN AGREEMENT.

Please review these Terms carefully. If you do not agree to these Terms, you have no right to obtain information from Xledger, access or use the Materials, or otherwise use the Site. Failure to use the Site or Materials in accordance with these Terms may subject you to civil and criminal actions and penalties under applicable law. Except with respect to the Main Agreement, these Terms constitute the entire and only agreement between Xledger and you, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Materials and Site. These Terms may be amended by Xledger at any time without notice to you. Your continued use of the Site indicates your acknowledgement of, and consent to, updated Terms.

Requirements and Restrictions

When accessing the Site and Materials, you represent that you are of sufficient age to form legally binding contracts. The Site and Materials are not designed to solicit or collect information of any kind from persons under the age of majority, and we do not knowingly collect any information from persons under the majority.

Xledger reserves the right to discontinue or modify the Site or Materials, temporarily or permanently, at any time without notice.

You agree to provide accurate information when interacting with the Site or Materials. Failure to provide accurate contact information may result in you not receiving access to the Site or Materials. In addition to other remedies available to Xledger, if you provide fraudulent, misrepresented, or otherwise untruthful information, we may terminate your access and prevent you from using the Site or Materials in the future.

You agree to comply with all applicable federal, state, or local laws, ordinances, regulations, rules, decisions, orders, or requirements in connection with your use of the Site and Materials.

You may not use the Site or Materials in any manner that negatively impacts Xledger or its authorized users.

Privacy. By accessing the Site or reviewing the Materials, you represent that you have read and agree to the terms of the Xledger Website Privacy Policy for which a link is provided at the bottom of this page and available at https://xledger.com/privacy-policy/. By agreeing to these Terms you consent to Xledger’s collection, use, storage, and disclosure of information associated with your use of the Site and Materials in accordance with the Privacy Policy.

Ownership. Subject to the limited rights expressly granted herein, Xledger reserves all rights, title, and interest in and to the Site and Materials, including all related intellectual property rights.

Limited Rights; Restrictions. Your right to use the Materials is set forth within the Main Agreement, as may be supplemented and modified by these Terms. The Site and Materials may not be used for any benchmarking or other competitive purposes. Copying, redistribution, use, display, or publication by you of any part of the Site or Materials is strictly prohibited. You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Site or Materials. Except in connection with permitted activity pursuant to an Xledger partner program, you may not link to the Site without Xledger’s prior written consent. You may not: (i) access or use the Site in any manner that could damage, disable, overburden, or impair any Xledger accounts, computer systems, or networks; (ii) attempt to gain unauthorized access to any parts of the Site or any accounts, computer systems, or networks; or (iii) interfere or attempt to interfere with the proper working of the Site, Materials, or any accounts, computer systems, or networks.

This Site is not a part of the “Xledger Software” or “Service” (as defined in your Main Agreement) and does not grant to you the right to access or use an account of the Xledger Software or Service.

If use of any aspect of the Site requires you to register for an account, you must complete the registration process by providing us with current, complete, and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your passwords, account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of passwords and account information, and you are responsible for all activities that occur through the use of your passwords or accounts, or as a result of your access to the Site. You agree to notify Xledger immediately of any use of your passwords or accounts that you did not authorize or that is not authorized by these Terms or the Main Agreement.

If you suspect that the Site or Materials include a security vulnerability, you agree to report such suspected vulnerability to info@xledger.com.

Trademark Information

You are expressly prohibited from using Xledger’s trademarks, service marks, name, and logos without Xledger’s prior written consent in each instance. Without limiting the foregoing, you acknowledge and agree that you may not use the name “Xledger” or “empowering ambition” or any other Xledger intellectual property to endorse or promote products derived from the Materials without express and specific prior written permission of Xledger.

Editing, Deleting and Modification

Xledger reserves the right to change, edit, or delete any documents, information, or Materials appearing on the Site.

Indemnification

You agree to indemnify, defend and hold Xledger and its respective directors, officers, shareholders, employees, agents, attorneys, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim or expense, including reasonable attorneys’ fees, related to your use of the Site or Materials, or any violation of these Terms.

Assignment

Xledger may assign these Terms to an entity in connection with a merger, acquisition, asset transfer, or corporate reorganization.

Warranty Disclaimer

THE SITE AND THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XLEDGER AND ITS AFFILIATED PARTIES DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. XLEDGER DOES NOT WARRANT THAT THE SITE OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, CORRECT, ACCURATE, OR RELIABLE, THAT DEFECTS WILL BE CORRECTED, THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

Limitation of Liability

IN NO EVENT SHALL XLEDGER OR AFFILIATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF XLEDGER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Websites; Third Party Materials

The Site and Materials may now, or hereafter, contain links to third-party websites or content provided third parties, including User Submissions. Xledger does not control or monitor such content and is not responsible for it. Access to Third Party Materials is at your own risk.

User Submissions

User Submissions will be treated as non-confidential. By submitting them, you grant Xledger all necessary rights to use them freely. Xledger may edit or reject any submissions and is not obligated to respond.

You are prohibited from collecting other users’ information for unsolicited communications. Xledger may remove or edit any content violating these Terms.

Miscellaneous

Any claim must be brought within one year. Invalid provisions will be interpreted in line with applicable law. These Terms take precedence over conflicting information elsewhere on the Site.

Dispute Resolution

Questions regarding these Terms should be sent to info@xledger.com. Other inquiries should go through the Contact page on the Site.

Last revised: May 23, 2019