XeCheck USER FORUMS TERMS OF USE
These XeCheck User Forums Terms of Use, together with the Versure Inc. Privacy
Statement and Terms of Service applicable to Versure.com (collectively, the
"Terms"), govern your use of Versure's XeCheck User Forums (the "Forums"). The
Terms describe the permitted and prohibited uses of the Forums, among other
things. Your access or use of the Forums in any way evidences your acceptance of
the then current version of the Terms, and any related rules and guidelines.
Versure reserves the right to modify the Terms at any time, effective upon
posting of the modified Terms on the Forums or Versure's other web sites. Your
use of the Forums, or any materials or services accessible through it, after
such posting or notification constitutes your acceptance of such modifications.
Your violation of the Terms may result in the suspension or termination of your
access or use of the Forums.
Conduct. The Forums are intended to provide XeCheck customers with the
opportunity to exchange useful and helpful information. Versure does not edit
any postings, and cannot and does not pre-screen or review every posting. You
agree that Versure is not responsible for the content of any postings on the
Forums. The following provisions establish the rules and expectations for
participants to facilitate that exchange.
Use Your Common Sense. Visitors to these Forums can include everyone from
software programmers, financial planning, investment and other subject matter
experts to novices. As a result, some postings could reflect considerable
technical experience and insight, while others might be unintentionally, or even
intentionally, inaccurate. Some questions and answers may be specific to certain
versions of XeCheck. You are responsible for exercising your judgment in
evaluating and acting on (or ignoring) other participants' postings in the
Forums. Remember, due to the anonymous nature of the Internet, other Forums
participants may not be who they say they are, know what they say they know or
be affiliated with whom they say they are affiliated.
Participants may post hypertext links to content hosted and maintained by third
parties. Versure does not moderate or control these linked sites, and is not
responsible for them. Your access to any linked sites is at your own risk, so
you should use good judgment before you click on any link or access any linked
site.
Be Thoughtful About Your Postings. The Forums benefit from postings that express
relevant, well-reasoned and thoughtful insights. Some ways to start a great
thread include:
• Don't just ask a question... share your insights.
• Respond to the specific issues raised in previous posts.
• Provide additional details or facts to explain or illustrate your comments.
No inappropriate material, Spam or attacks. You agree not to upload, post or
otherwise transmit any content (including but not limited to text, links,
communications, software, images, sounds, data or other information) that:
Contains inappropriate content such as:
� Profanity
� Posting any unlawful, fraudulent, libelous, defamatory, obscene, pornographic,
profane, threatening, abusive, hateful, offensive, or otherwise objectionable
material of any kind
� Discussing illegal activity, or posting links to other websites that deal with
such activities
� Violating copyright or other intellectual property rights
� Posting or transmitting any information or software that contains a virus,
Trojan horse, worm or other harmful or disruptive component
� Posting a link that directs participants to any content or information that,
if posted in the Forums, would constitute a violation of the Terms
Spam such as:
� Advertisements for other web sites and services, or other commercial
solicitation
� Chain letters, pyramid schemes or securities offerings
� "Bombing" the Forums or individual threads with repetitive, pointless or
irrelevant posts
� Excessive cross-posting
� Posts that are unrelated to the Forums in which they are posted
Attacks such as:
� "Flaming" other users or any entities in a manner that might incite or
perpetuate a conflict or argument, including attacks of any kind
� Creating usernames to attack other participants' identities (i.e., choosing a
name almost identical for purposes of impersonation, slamming on someone through
your name choice)
� Impersonating other individuals or falsely representing your identity or
qualifications
� Posts made under secondary usernames or other aliases for the purpose of
either supporting or belittling others
� Posts that breach another users’ privacy, e.g., contain personal or sensitive
information such as name, address, phone or other identifying information
Registration. No registration is required in order to access the Forums solely
for the purpose of reading postings in the Forums. However, participants must
register an account in order to post to the Forums and adjust user settings.
Versure may refuse to grant you, and you may not use, a screen name (or email
address) that is already being used by someone else, impersonates another
person, belongs to another person, violates the intellectual property or other
rights of any person, is vulgar or otherwise offensive, or that Versure rejects
for any other reason in its sole discretion. You agree that all information
provided in your profile is accurate, true, current and complete, and that you
will keep it updated. Versure may terminate your account if any of the
information provided is found to be inaccurate, false, out of date or
incomplete.
Use of Forum Content: You agree that Versure may, in its sole discretion, use
information posted on the Forum in any way, including in future modifications of
XeCheck offerings, multimedia works and/or advertising and promotional materials
relating thereto. You hereby grant Versure a perpetual, worldwide, fully
transferable, non-revocable, royalty free license to use, modify, create
derivative works from, distribute and display any information you provide to
Versure in the Forum.
Privacy. Any information that you post in the Forums is posted at your own risk,
and can be obtained and used by others. Do not reveal information that you do
not want to make public, such as by posting your contact information or email
address in the Forums. At Versure, we respect and protect the privacy of our
customers and those who use our Web sites. Versure's Privacy Statement provides
details of our approach to privacy and how we collect, use and protect your
personal information. The e-mail address requested to register your account will
be used to process your registration, and will not be used to send you marketing
material or sold to any third parties to send you marketing material. We use a
variety of technologies on our Web site. Our Web site tracks usage data,
including, for example, your IP address; your browser type and version; which
pages you view; which page, if any, linked you to our site; and which link, if
any, you follow off of our site. We use this data in the aggregate to better
understand Web site activity to improve our site offerings. We do not track URLs
that you type into your browser, nor do we track you across the Internet once
you leave our sites. For more information, please see our Privacy Statement.
To the extent that you post or publish any health information on the Forums, you
agree that you are providing only your own personal health information or the
health information of others that you are authorized to provide on behalf of
such persons. You hereby acknowledge and agree that no such information is
considered to be "Protected Health Information" or "Individually Identifiable
Health Information" for the purposes the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. 104-191).
Forum Moderators. Versure reserves the right to manage the postings on the
Forums in order to facilitate the orderly distribution of information through
the Forums. For that purpose, Versure may at its election designate
representatives to act as moderators for the Forums ("Moderators"). The
Moderators cannot and do not review or respond to every post or email, nor do
they edit postings. Certain Versure employees may also comment on the Forums and
will be identified as Versure employees with a XeCheck icon. The Moderators and
the identified Versure employee posters (designated with the XeCheck icon) are
the only authorized representatives of Versure on the Forums. Any Versure
employees who are not designated as Moderators or identified as Versure Employee
posters are not authorized to represent themselves on the Forums as Versure
employees, and you agree are not providing official Versure responses. Versure
is not responsible for content provided by any Versure employee who is not
designated as a Moderator or identified as Versure Employee poster.
Community Watch. You may assist us in making the Forums an effective community
for its participants. If you detect violations of the Terms, click on the
“Report Abuse” link from within the post. Versure will determine what, if any,
action it will take against persons who violate the Terms, which could include
the termination of one's privilege to use the Forums or, in certain
circumstances, referral to the appropriate authorities for action.
Modifications to Forums. Versure reserves the right at any time and from time to
time to delete, modify, suspend or discontinue, temporarily or permanently, the
Forums (or any part thereof, including any postings) with or without notice. You
agree that Versure shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Forums.
Disclaimer of Warranties and Limitation of Liability. MOST OF THE CONTENT POSTED
TO THE FORUMS ARE PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH VERSURE. SUCH
THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT
CONTENT. YOU AGREE THAT Versure DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY
WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT VERSURE IS NOT
LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD VERSURE, AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING
REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT
OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE FORUMS, YOUR
USE OF THE FORUMS, YOUR VIOLATION OF THE TERMS OF USE OR YOUR VIOLATION OF ANY
RIGHTS OF ANOTHER.
THE CONTENT ON THE FORUMS IS "AS IS" AND CARRIES NO WARRANTIES. Versure DOES NOT
WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON
THE FORUMS, REGARDLESS OF WHO ORIGINATES THAT CONTENT. VERSURE DOES NOT WARRANT
THAT THE FORUMS ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR
OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS
ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. VERSURE IS NOT LIABLE OR
RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE FORUMS,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY
LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON
ANY CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERSURE AND ITS
REPRESENTATIVES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS,
TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF
PROFITS OR INVESTMENT), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE,
EVEN IF Versure OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Versure AND YOU.
Versure WOULD NOT BE ABLE TO HAVE PROVIDED THE FORUMS WITHOUT SUCH LIMITATIONS.
Miscellaneous. The Terms are a complete statement of the agreement between you
and Versure Inc., and set forth the entire liability of Versure and your
exclusive remedy with respect to your access and use of the Forums. In the event
of a conflict between these XeCheck User Forums Terms of Use and either the
Versure Inc. Privacy Statement or the Terms of Service applicable to Versure.com,
these Terms of Use shall prevail. The agents and employees of Versure are not
authorized to make modifications to the Terms, or to make any additional
representations, commitments or warranties binding on Versure. Any waiver of the
terms herein by Versure must be in a writing signed by an authorized officer of
Versure and expressly referencing the applicable provisions of the Terms. Your
privilege to use or access the Forums may be terminated by Versure immediately
and without notice if you fail to comply with any term or condition of the
Terms. Upon such termination, you must immediately cease accessing or using the
Forums. If any provision of the Terms is invalid or unenforceable under
applicable law, then it shall be, to that extent, deemed omitted and the
remaining provisions will continue in full force and effect. The Terms will be
governed by California law as applied to agreements entered into and to be
performed entirely within California, without regard to its choice of law or
conflicts of law principles, and applicable federal law. The parties hereby
consent to the exclusive jurisdiction and venue in the state and federal courts
in Westchester County, New York. The Terms do not limit any rights that
Versure may have under trade secret, copyright, patent or other laws.
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