Last Updated: February 7, 2016
Welcome to XionApps.com. Xion Tech Solutions LLC and its affiliates (collectively, "Xion") make this website available to you subject to these terms ("Visitors Agreement"). The Visitors Agreement applies to your use of and access to any Xion owned or operated website ("Website").
In addition to other agreements between you and Xion, these terms explain the policies that govern your access to and use of our Website. By accessing or using our Website, you agree to the terms of the Visitors Agreement, as Xion may modify it from time to time. We reserve the right to modify this Visitors Agreement at any time, effective upon its posting, as modified, on www.xionapps.com. If you do not agree to accept and comply with the Visitors Agreement, then do not access or use our Website.
When you visit this website or send e-mail to us, you are communicating with us electronically. Your visit to this website or communication with us via e-mail will be deemed to be your consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Intellectual Property Rights
All content included on this website, such as the user interface, the compilation of the content and arrangement of the website, and all text, graphics, pictures, sound, video, data, applications and other content (collectively, "Content"), is the property of Xion or its content suppliers and protected by United States copyright and other intellectual property laws and by international treaties. Reproduction or redistribution of Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law.
Xion, the Xion logo and associated trade dress are trademarks of Xion. The trademarks and trade dress of Xion may not be used without the prior written permission of Xion. All other brand names, product names, service marks, logos or trademarks appearing on this website are the property of their respective owners, and may not be used without the owner's prior written consent.
Xion grants you a personal and limited license to access and make personal use of this website. You may not download (other than page caching) or modify it, or any portion of it, except with express written consent of Xion. This license does not include the right to resell or make any commercial use of this website or any content; collect or use of any product listings, descriptions, or prices; make any derivative work from this website or content; download or copy account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this website nor any portion of this website may be copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of Xion. You may not link, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this website without the prior written consent of Xion. You may not use any Meta tags or any other "hidden text" utilizing the Xion name or trademarks without the prior written consent of Xion. Your unauthorized use of this website will immediately terminate the license granted by Xion.
Unsolicited Submission of Ideas
Although Xion welcomes questions or feedback about your use of our Website and Xion's services and products, Xion does not accept, invite, or consider under any circumstances unsolicited submissions of ideas, creative suggestions, or proposals ("Ideas") relating to its business, including Ideas for services, products, technologies, processes, materials, product names, advertising campaigns, promotions, or marketing plans. This policy is intended to avoid disputes in the event that Xion's products or marketing strategies seem similar to ideas submitted to Xion or its employees. Therefore, unless otherwise explicitly stated by Xion, all ideas and intellectual property included in any unsolicited submission of Ideas will automatically be treated as non-confidential and as the sole property of Xion, without any compensation whatsoever to you. Xion will have no obligations to you with respect to such Ideas and has the right to destroy submissions of Ideas upon receipt.
Xion respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately by telecopy at (877) 740-9466 or by internationally recognized overnight courier. All communications should be directed to the attention of Robert Waldrop, CEO at 520 W 103rd Street #122, Kansas City, Missouri 64114
Links to Third Party Websites
The Website may contain links to other websites that are maintained by third parties over which Xion has no control. These links are provided for convenience only. Use of these links will cause you to leave this Website and use of third-party websites is entirely at your own risk. Xion makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Xion does not sponsor or endorse the operators of the sites or the content, products, or services they provide. Xion is not responsible or liable for the conduct of the sites' operators, the content, the availability, the accuracy, the quality, the advertising, the products, the services, or other materials offered at the sites. You are responsible for complying with the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
Illegal or Harmful Use
You may access and use our Website only for lawful purposes and purposes that are not intended to cause harm. You are responsible for any transmission you send, receive, post, access, or store via our Website, including the content of any communication.
Website Security and Integrity
You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. Xion may, but is not obligated to, investigate any violation of our Website. Xion may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using a Website, you agree to cooperate in any such investigation. Xion may, but is not obligated to, take any action it deems necessary to (1) protect its Website, its rights, or the rights of its customers or third parties; or (2) optimize or improve its Website. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website.
Investigation and Enforcement
We have the right, but are not obligated, to strictly enforce this Visitors Agreement through self-help, active investigation, litigation, and prosecution.
Xion reserves the right to act immediately and without notice to restrict, suspend, or terminate your use of the Website, if it reasonably determines that your conduct may: (1) expose Xion to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of Xion’s Website; (3) interfere with another Xion customer's use of the Website; (4) violate any applicable law, rule, or regulation; or (5) otherwise present an imminent risk of harm to Xion or its customers.
Xion has the right, but not the obligation, to monitor or restrict any uses of the Website that Xion reasonably believes in its sole discretion violate this Visitors Agreement or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Website, and you are responsible for abuse of your account by others.
We may also access and disclose any information (including transactional information) related to your access and use of our Website for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of or subscription to such services. INDIRECT OR ATTEMPTED BREACHES OF THIS VISITORS AGREEMENT AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER MAY BE CONSIDERED BREACHES OF THIS VISITORS AGREEMENT BY SUCH COMPANY, CUSTOMER, OR USER.
Disclaimer of Warranties and Liability
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A Xion WEBSITE.
ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A Xion WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." Xion, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. Xion DOES NOT GUARANTEE THAT ITS WEBSITES WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL Xion, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND. FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF Xion, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY Xion WEBSITE WILL NOT EXCEED $50.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Xion AND ITS AFFILIATES, AGENTS, AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
By visiting this website, you agree that the laws of the state of Kansas, without regard to principles of conflict of laws, will exclusively govern the construction of this Visitors Agreement and any dispute of any sort that might arise between you and Xion. This Visitors Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
You release, and will defend and indemnify us and our officers, directors, employees, agents, successors and assigns, from and against all claims or causes of actions, and any liabilities, obligations, judgments, fines, costs and expenses (including reasonable attorneys' and expert witnesses' fees and costs) incurred by an indemnified party due to such claim or cause of action arising out of (i) any breach of this Visitors Agreement by you (ii) your use of this website or (iii) the use by any other persons accessing this website using your account. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims by third parties and those incurred in establishing whether this section applies.