Terms of Use

Last Updated August 1, 2022

AGREEMENT TO TERMS

These Terms of Use (the “Terms” or the “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and AFIX Solutions, Inc. DBA Xelure Technologies (“Xelure,” “we,” “us” or “our”), concerning your access to and use of the xelure.com as well as any other media form, media channel, mobile website or any application related, linked, or otherwise connected thereto (collectively, the “Site”). This Agreement shall also apply to any use of the services provided by Xelure (the “Services”) unless a specific agreement with respect to those Services have been entered into by you.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES YOU AND XELURE TO RESOLVE COVERED DISPUTES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN THROUGH JUDGE OR JURY TRIALS.

You agree that by accessing the Site and/or using our Services, you have read, understood, and agree to be bound by this Agreement and that you have authority to enter into this Agreement. If you do not agree with any provision of this Agreement, please discontinue use immediately.

We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site and/or the Services after the date such revised Terms are posted.


INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and/or our Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and/or on our Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site and/or our Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site or portion of our Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


USER REPRESENTATIONS

By using the Site and/or our Services, you represent and warrant that:

  1. any information you submit by contacting us will be true, accurate, current, and complete;
  2. you have the legal capacity and you agree to comply with these Terms;
  3. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site and/or our Services;
  4. you will not access the Site and/or use our Services through automated or non-human means, whether through a bot, script, or otherwise;
  5. you will not use the Site and/or our Services for any illegal or unauthorized purpose;
  6. your use of the Site and/or our Services will not violate any applicable law or regulation.


In case of any violation of the above, we may refuse any and all current or future use of the Site and/or our Services (or any portion thereof).


PROHIBITED ACTIVITIES

You may not access or use the Site and/or our Services for any purpose other than that for which we make the Site and/or our Services available. The Site and/or our Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site and/or our Services, you agree not to:

  1. systematically retrieve data or other content from the Site and/or our Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  2. make any unauthorized use of the Site and/or our Services.

  3. circumvent, disable, or otherwise interfere with security-related features of the Site and/or our Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site, the Services and/or the Content contained therein.

  4. engage in unauthorized framing of or linking to the Site.

  5. make improper use of our support services or submit false reports of abuse or misconduct.

  6. engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, or similar data gathering and extraction tools.

  7. interfere with, disrupt, or create an undue burden on the Site, the Services, or the networks or services connected to the Site.

  8. use any information obtained from the Site and/or Services in order to harass, abuse, or harm another person.

  9. use the Site and/or Services as part of any effort to compete with us or otherwise use the Site, the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

  10. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site and/or Services.

  11. attempt to bypass any measures of the Site and/or Services designed to prevent or restrict access to the Site, the Services, or any portion of the Site.

  12. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site and/or Services to you.

  13. delete the copyright or other proprietary rights notice from any Content.

  14. copy or adapt the Site’s and/or Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  15. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or Services.

  16. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  17. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site and/or Services, or using or launching any unauthorized script or other software.

  18. disparage, tarnish, or otherwise harm, in our opinion, us, the Site and/or the Services.

  19. use the Site and/or Services in a manner inconsistent with any applicable laws or regulations.


SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and/or Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.


PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site and/or our Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States.

If you access the Site and/or our Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site and/or our Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.


TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Site and/or our Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND/OR OUR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND/OR OUR SERVICES, WITHOUT WARNING, IN OUR SOLE DISCRETION.

In addition to terminating or suspending your access or use, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.


MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site and/or our Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site and/or our Services.

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site and/or our Services

We cannot guarantee the Site and/or our Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site and/or our Services, resulting in interruptions, delays, or errors.


GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.


DISPUTE RESOLUTION

The Parties may attempt to settle the dispute through informal negotiations. If the Parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in the state of New York and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any claim, action, or proceeding brought by either party related in any way to the Site and/or Services be commenced more than one (1) year after the cause of action arose


DISCLAIMER

THE SITE AND OUR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR OUR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR OUR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.


LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.


INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site and/or our Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


USER DATA

We will maintain certain data that you transmit to the Site and/or our Services for the purpose of managing the Site or our Services, as well as data relating to your use of the Site or Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or our Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.


ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site and/or through our Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.


MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Site or provided by us in connection with our Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site or our Services. You agree that these Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.


CONTACT US

In order to resolve a complaint regarding the Site and/or Service or to receive further information regarding use of the Site, please contact us at:

feedback@mytruex.com

Acknowledgment and Media Release Form

By submitting any content or material including my name, biographical information, photographs, video, images, voice, story and/or testimonial (collectively “Media”) to XELURE TECHNOLOGIES (hereinafter “Xelure”) or through any of Xelure’s products or services (collectively the “Services”), I acknowledge confirm that such Media, in whole or in part, are non-proprietary and non-confidential. I represent that I own such Media, or that I have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the Media to submit it to the Services, for use by the Services or other third-party platform.

In consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, the undersigned, hereby irrevocably grant to Xelure and its agents unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit my Media in any format and on any platform, and otherwise use and exploit the Media and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including without limitation for marketing and advertising purposes, and promoting commercial products and services that incorporate or embody the Media, whether in whole or in part, and whether as provided or as modified. I further grant Xelure and its agents a royalty-free license to use my name, image, voice, and likeness to identify me as the source of any of my Media.

I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by XELURE, including without limitation any and all claims for libel or invasion of privacy.

I hereby warrant and represent that I am at least 18 years of age and have the right to contract in my own name. I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto as to
the subject matter contained herein

I WANT THE TOAST VIDEO!