Acceptance of Terms

Welcome to the EXWAY Software, LLC (“EXWAY) Corporate Website. This Agreement contains the complete terms and conditions that apply when you visit our website or browse the contents herein. By using this Website, you agree to be bound by these Terms of Use and to comply with them. This Agreement describes and encompasses the entire agreement between EXWAY and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to EXWAY’s website and the content provided by or through the website.

Editing, Deleting and Modification

EXWAY may edit, delete or modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion, by posting a notice or a new agreement on EXWAY’s website. YOUR CONTINUED ACCESS TO EXWAY’S WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEBSITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

Accuracy, Completeness and Timeliness of Information

EXWAY is not responsible if information made available on our website is not accurate, complete or current. The material on EXWAY’s website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate and more complete or more timely sources of information. Any reliance on the material on EXWAY’s website is at your own risk. EXWAY’s website may contain certain historical information which is not current and is provided for reference only. EXWAY reserves the right to modify the contents of its website at any time, but without obligation to update any information on the website. You understand and agree that it is your responsibility to monitor any changes to the EXWAY website.

License and Site Access

EXWAY hereby grants you a limited license to access and make personal use of this website.  This license does not include any right to download or modify EXWAY’s website, or any portion of it, except with express written consent from EXWAY. EXWAY’s website, or any portion of the website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without EXWAY’s express written consent, nor are you allowed to download or copy any account information for the benefit of another merchant.

Any unauthorized use by you will immediately terminate your right to use and access EXWAY’s website as granted in the license above.

Links & Framings

You shall not use our company logo or other proprietary graphics to link to EXWAY’s website without EXWAY’s express written permission. Further, you may not frame any trademark, logo or other proprietary information, including the Images Content, without EXWAY’s express written consent.

EXWAY makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from our website, or websites linking to our website. Such websites are not under the control of EXWAY and EXWAY is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. You hereby acknowledge and agree that EXWAY is not responsible for the availability of such external websites or resources, their content, including, without limitation, any link contained in such content, or any changes or updates to such content. If you decide to access links to third-party websites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.

Disclaimers

We provide our services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, EXWAY MAKES ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES OR THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, EXWAY WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EXWAY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU WITH THE SERVICES AGAIN).
IN ALL CASES, EXWAY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Corporate Intellectual Property Rights

You hereby acknowledge that all rights, title and interest, including, but not limited to, intellectual property rights, in and to EXWAY’s website, vest in, and shall remain vested in, EXWAY.  You agree that you will not acquire any rights, title, or interest in or to the EXWAY website except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works of, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of EXWAY’s products, services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to EXWAY’S  proprietary information or intellectual property rights related thereto.

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of EXWAY Software, LLC. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Non-Assignment of Rights

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to EXWAY. However, EXWAY may assign this Agreement to any person at any time without notice.

Non-Waiver

Failure of EXWAY to insist upon strict performance of any of the terms, conditions and covenants herein shall not be deemed a relinquishment or waiver of any rights or remedy that the EXWAY may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants herein, which terms, conditions and covenants shall continue to be in full force and effect.

No waiver by either of us of any breach of any provision herein shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

Severability of Terms

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to their terms.

Entire Agreement

This Agreement describes and encompasses the entire agreement between EXWAY and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to EXWAY’s website, the contents and materials provided by or through our Website, and the subject matter of this Agreement.

Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Texas, without any reference to conflict of  laws principles.  Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Texas, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

* If you are an EXWAY customer and have signed a separate contract with EXWAY, the terms and conditions of that separate contract will govern your use of EXWAY’s products and services and your overall relationship with EXWAY.  The terms and conditions of that separate contract will override these Terms of Use, and these Terms of Use will not apply to any customer who has signed a separate contract with EXWAY.