I. Introduction

This Disclaimer Page (“Disclaimer”) applies to the XAPE business (“XAPE”, “we”, “us”, or “our”) and the website operated by XAPE, available at xape.com (the “Website”). The purpose of this Disclaimer is to inform users of the Website (“you”, “your” or “users”) about the limitations and restrictions of our liability and your responsibilities when using our Website. By accessing and using the Website, you acknowledge and agree to the terms and conditions set forth in this Disclaimer.

Please read this Disclaimer carefully before using the Website. If you do not agree with any part of this Disclaimer, you should cease using the Website immediately.

II. No Professional Advice

A. General

The content available on the Website, including but not limited to text, images, graphics, videos, and other materials (collectively, the “Content”), is for informational purposes only and does not constitute professional advice. You should not rely on the Content as a substitute for, nor does it replace, professional advice, diagnosis, or treatment in any field.

B. Legal Advice

Although the Website may contain information about legal issues and developments, such information does not constitute legal advice. You should consult a qualified legal professional before taking or refraining from taking any action based on the Content. We disclaim all liability with respect to actions taken or not taken based on any or all of the Content.

III. No Warranties

A. Accuracy and Completeness

While we strive to provide accurate, up-to-date, and reliable information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Content or the Website for any purpose. Any reliance you place on the Content is strictly at your own risk.

B. Availability

We do not warrant that the Website will be available at all times, or that it will be free from errors, viruses, or other harmful components. We reserve the right to modify, suspend or discontinue the Website, in whole or in part, at any time without prior notice.

C. Third-Party Links

The Website may contain hypertext links to other websites, resources, or content on the internet that are not owned, operated, or controlled by XAPE (“External Sites”). These hypertext links are provided for your convenience and reference only, and do not signify that we endorse, support, or approve of the External Sites or their content. XAPE does not bear any responsibility for the accuracy, legality, or content of the External Sites or for that of subsequent links. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any External Sites. Accessing and using any External Sites is done entirely at your own risk, and XAPE expressly disclaims any liability, whether direct or indirect, for any damages or losses resulting from your use of or reliance on the information, products, or services available on or through any External Sites. We encourage you to review the terms of use, privacy policies, and other legal documents governing your use of any External Sites.

D. Endorsement

Any reference to specific products, services, companies, or individuals on the Website, including but not limited to third-party trademarks, trade names, logos, or images, does not constitute or imply endorsement, sponsorship, or recommendation by XAPE. Such references are provided for informational purposes only and are not meant to suggest that the products, services, companies, or individuals are affiliated with, or endorsed or recommended by, XAPE. You acknowledge and agree that XAPE is not responsible for the quality, reliability, or performance of any products, services, companies, or individuals referenced on the Website, and any reliance on such references is at your own risk.

E. Web Browser Caching Issues

While using the Website, you may encounter web browser caching issues that could affect the accuracy, completeness, or timeliness of the Content displayed. Web browser caching refers to the temporary storage of web pages, images, and other content elements by your browser to improve the overall browsing experience and reduce server load. Although caching can generally enhance the performance of the Website, it may also result in displaying outdated or stale information. XAPE is not responsible for any errors, inconsistencies, or inaccuracies that may arise due to web browser caching issues. We encourage you to clear your browser’s cache regularly and refresh the web pages to ensure that you are viewing the most recent version of the Content. However, we cannot guarantee that these actions will completely eliminate the potential for web browser caching issues. By using the Website, you acknowledge and accept the inherent limitations of web browser caching and agree that XAPE will not be held liable for any issues arising from such limitations.

F. Supported Web Browsers and Display Issues

We are committed to providing an optimal user experience and have designed our Website utilizing modern web standards to ensure compatibility across various devices and web browsers. However, it has been identified that users may encounter display issues under certain conditions. Specifically, if you are using a device with the Windows 10 operating system, if you are using Internet Explorer 11 or Microsoft Edge web browsers, you may experience difficulties in viewing or navigating the Website.

To resolve these display issues and enhance your browsing experience, we recommend using one of the following supported web browsers:

  1. Mozilla Firefox 60 or later
  2. Google Chrome 70 or later
  3. Safari 10 or later

By using a supported web browser, you can ensure better compatibility with our Website, improved performance, and a more seamless user experience. If you continue to experience display issues while using one of the recommended web browsers, please contact us using the contact information provided on the Website so that we can address the problem and work toward a resolution.

Please note that XAPE is not responsible or liable for any issues, damages, or losses resulting from the use of outdated or unsupported web browsers, software, or technology on the user’s end. It is the user’s responsibility to update and maintain their devices and software to ensure compatibility with modern web standards and to minimize potential display or functionality issues while accessing our Website. By using the Website, you acknowledge and agree that XAPE shall not be held liable for any issues arising from the use of old or outdated standards or software on your end.

IV. Limitation of Liability

A. General

To the maximum extent permitted by applicable law, in no event shall XAPE, its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Website or the Content.

B. Direct Damages

To the maximum extent permitted by applicable law, XAPE’s total liability to you for any and all claims arising out of or relating to the use of or inability to use the Website or the Content, whether in contract, tort, or otherwise, is limited to the amount you have paid to XAPE, if any, in connection with your use of the Website or the Content during the six (6) month period immediately preceding the date of the claim.

V. Indemnification

You agree to indemnify, defend, and hold harmless XAPE, its affiliates, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Website or the Content, your violation of this Disclaimer, or your infringement of any intellectual property or other right of any third party.

VI. Intellectual Property

A. Ownership

All Content on the Website is the property of XAPE or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Website without the prior written consent of XAPE.

B. Limited License

Subject to your compliance with this Disclaimer, XAPE grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely for your personal and non-commercial use. Any unauthorized use of the Content may violate copyright, trademark, and other intellectual property laws.

VII. Governing Law and Jurisdiction

This Disclaimer and any disputes arising out of or relating to the use of the Website or the Content shall be governed by and construed in accordance with the laws of the jurisdiction in which XAPE is located, without giving effect to its conflict of law provisions. By using the Website, you agree to submit to the exclusive jurisdiction of the courts located in the jurisdiction where XAPE is located, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

VIII. Modifications to the Disclaimer

We reserve the right to modify this Disclaimer at any time and without prior notice. Any changes to the Disclaimer will be posted on the Website, and your continued use of the Website constitutes your acceptance of such changes. It is your responsibility to regularly review the Disclaimer to stay informed of any updates.

IX. Severability

If any provision of this Disclaimer is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

X. No Waiver

Our failure to enforce any right or provision of this Disclaimer shall not be deemed a waiver of such right or provision. No waiver of any term of this Disclaimer shall be deemed a further or continuing waiver of such term or any other term.

XI. Contact Information

If you have any questions, concerns, or comments regarding this Disclaimer or the use of the Website, please contact us using the contact information provided on the Website.

XII. Entire Agreement

This Disclaimer, together with any other legal notices or terms and conditions published on the Website, constitute the entire agreement between you and XAPE regarding the use of the Website and the Content, and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and XAPE.