Terms & Conditions

Terms of Use

The content provided on this website (the "Site") by Xtro. ("Xtro") is governed by the terms and conditions set forth herein (the "Terms"). Xtro reserves the right to modify the Terms at any time without direct notification, so it is advised that you review them periodically. All new functionalities that supplement or enhance the current Site will also be governed by these Terms. Your use of this Site constitutes your acceptance of the Terms. For Network Members, your acceptance includes additional adherence to the Xtro Network Membership Terms and Conditions ("Membership Terms"). Should there be any discrepancy between these Terms and the Membership Terms, the Membership Terms will prevail.

1. Overview of Service

The Site offers users access to resources and tools for discovering, engaging with, and coordinating expert networks ("the Services"). It's important to note that the Site does not offer medical, investment, or legal advice. Furthermore, use of the Services does not establish an attorney-client relationship between users and either Xtro or any of its licensors.

2. Content by Network Members

The Site features various forms of content including text, software, scripts, graphics, and videos ("Site Content") that are produced and supplied by Network Members under a licensing agreement for online distribution ("Network Member Content"). This encompasses items like industry analyses, sector seminars, workbooks, presentations, as well as the biographical and professional details of Network Members. Xtro presents this content without any warranties regarding its reliability or quality, and offers it on an "as is" basis. The mere inclusion of a company or entity's name within a Network Member's profile does not imply any endorsement by or of Xtro. Network Members operate independently, not as Xtro employees, yet they have committed to the Terms and Conditions, which includes the assurance that they will not share any confidential information or engage in activities that may conflict with their obligations to third parties. Xtro relies on these commitments without seeking further verification.

3. Commitment to Confidential

All Network Members are obligated to the confidentiality terms outlined in the Terms and Conditions, which include non-disclosure commitments. As a site user who is not a Network Member, you are also obliged to maintain the confidentiality of any sensitive information accessed through Xtro’s Collaboration Management Platform (CMP), which is safeguarded by passwords. This duty to protect Confidential Information persists until it becomes public without your intervention. Confidential Information encompasses the details of Xtro projects as presented on CMP, any proprietary business, investment, or trade data pertaining to Xtro Clients, and any other confidential or proprietary data belonging to Xtro or its Clients, including intellectual property. Should legal circumstances require you to disclose such information, it is your responsibility to inform Xtro immediately and to assist in the protection of this information in compliance with the law.

4. Protection of Intellectual Property

The content on this Site, including all associated trademarks, service marks, and logos ("Marks"), is the property of or is licensed to Xtro and is protected under both U.S. and international intellectual property laws and treaties. Any replication, redistribution, or other forms of content utilization from the Site without explicit prior written approval from the rightful owners is strictly prohibited.

5. Reporting Content Issues

Should you encounter any Site content you deem illegal, defamatory, threatening, deceptive, in violation of confidentiality, or improperly disclosing non-public information, please promptly contact Xtro's Legal Department via email at michelle@getxtro.com for necessary action.

6. Copyright Compliance Policy

Xtro is committed to respecting copyright and intellectual property laws, ensuring the protection of privacy and publicity rights across all content on our Site. We strictly prohibit the posting of any material that infringes upon the copyright and/or intellectual property rights of any individual or entity.

If you believe that your intellectual property rights have been violated by content posted on our Site, we encourage you to contact the Xtro Legal Department immediately. Please provide a comprehensive written statement to michelle@getxtro.com detailing:

(a) A clear identification of the copyrighted work or intellectual property right that you believe has been infringed upon;

(b) A precise description of where the allegedly infringing material is located on our Site;

(c) Your full contact details, including name, address, daytime phone number, and email address, if available;

(d) A declaration that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;

(e) A statement, made under penalty of perjury, asserting that the information in your notice is accurate and that you are either the copyright owner or authorized to act on their behalf;

(f) Your signature or that of the person authorized to act on behalf of the intellectual property right owner.

In adherence to the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3), Xtro commits to promptly responding to and addressing all valid infringement notices received. Submitting false or misleading claims can result in serious legal consequences, including but not limited to penalties under U.S. law. Furthermore, Xtro reserves the right to restrict or terminate the posting capabilities of repeat infringers in accordance with our policy and the DMCA.

This detailed process underscores our dedication to protecting intellectual property rights and ensuring a lawful and respectful online environment for all users.

7. Privacy Policy Acknowledgement

By accessing Xtro's site, you acknowledge and agree to the collection, usage, and storage of your personal information, as governed by our comprehensive Privacy Policy. This engagement implies your consent for Xtro to handle your data in accordance with these terms. Your information will primarily be stored within the United States but may also be processed and maintained by Xtro affiliates globally. Our Privacy Policy provides a detailed account of how we manage user data, including our practices for collecting, utilizing, and safeguarding your information. We encourage a thorough review of our Privacy Policy to fully understand the extent of our data management protocols.

8. Warranty Disclaimer

Xtro provides the content and functionality of this site with the stipulation that we are not delivering professional advice or services. Everything offered on the site is "as is" and comes without any kind of warranty, be it explicit or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no promises regarding the ownership, precision, or completeness of the site's content or its uninterrupted, error-free operation. Your engagement with this site is entirely at your own risk. Xtro, along with any associated entities, shall not be held liable for any form of damages arising from your use or inability to use this site, including but not limited to indirect, direct, incidental, punitive, special, consequential, or exemplary damages—even if we are aware of the potential for such damages. This disclaimer applies regardless of the damage theory or if the site was believed to contain viruses.

9. Indemnification

By using this Site, you accept the responsibility to protect, indemnify, and hold harmless Xtro and its personnel, including officers, directors, employees, agents, and representatives, from any claims, damages, losses, liabilities, costs (including attorney fees), or other expenses that result from your actions. This encompasses situations arising from your breach of the Site's Terms, your interaction with the Site, or any infringement on the rights of others due to your activities on the Site.

10. Third-Party Website Disclaimer

Xtro might include links to websites owned by other parties, and certain content you see here may actually come from these external sources. We do not officially support these third-party sites nor are we responsible for their content availability, which is controlled by their own terms of use and privacy policies. Therefore, Xtro cannot be held accountable for any potential damage or loss resulting from your interaction with or reliance upon the content, products, or services these third-party sites offer.

11. General Terms

The Terms governing your use of Xtro are subject to the laws of California, without regard to its conflict of law principles. By using this Site, you consent to the exclusive jurisdiction of California's state and federal courts for any disputes tied to these Terms. Should any section of these Terms be found invalid or unenforceable, it will be considered detached, not affecting the validity of the rest.

These Terms represent the complete agreement between you and Xtro, overriding any previous versions. Your engagement with Xtro may also be guided by additional terms if you interact with other services or content from Xtro or its affiliates. Any unenforceable terms will be treated as removed, without impacting the remainder of these Terms.

April 2024

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