TERMS AND CONDITIONS

This website (the “Site”) is provided by Xiphos Systems Inc. (“Xiphos”) as an on-line service subject to your acceptance of these terms of use (the “Terms”) which includes the Privacy Policy (the “Policy”).  Please read these Terms and the Policy carefully prior to using the Site.  By accessing and interacting with the Site, you agree to be bound by these Terms and, as applicable, the Policy.  If you do not agree to them, do not access or use the Site.  Xiphos may modify these Terms and/or the Policy at any time, and any such modification(s) will become effective immediately upon Xiphos posting the modified Terms or Policy to the Site.  Xiphos encourages you to visit the Terms and Policy pages periodically to check for updates.

1. OWNERSHIP

 The Site and all material contained on or downloadable through the Site, including but not limited to text, images, documents, graphics, photos, video, audio and other multimedia content (the “Site Content”), and all intellectual property rights embodied in the Site Content, are the exclusive property of Xiphos or its licensors.

Copyright © Xiphos Systems Inc. 2024 – All rights reserved.

Xiphos, the Xiphos logo, and all product names appearing on our Site are among the trademarks and/or service marks owned by Xiphos or its affiliates unless otherwise indicated.

2. LIMITED LICENSE

Subject to the terms and conditions set forth herein and all applicable local laws and regulations, Xiphos grants you a non-exclusive, non-transferable, personal, revocable, limited license to access, use and display this Site.  This license is not a transfer of title to the Site or Site Content and is expressly subject to the following restrictions: (1) you must retain all copyright and other proprietary notices on all copies of the Site and any Site Content; and (2) you may not modify, reverse engineer, decompile, disassemble or transform the Site or Site Content in any way, reproduce, publicly display, perform, distribute, sublicense, assign, create derivative works of, or otherwise use the Site or Site Content and any materials for any public or commercial purpose, except as otherwise specifically permitted herein.  Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license to any patent, trademark, service mark, or other intellectual property right of Xiphos or any third party.

3. LINKS TO THIRD-PARTY WEBSITES​

​The Site may contain links to other websites. These links are provided to you solely for your information and convenience.  Xiphos does not control the content or operation of third-party sites and is not responsible for their content or security.  Inclusion of any links to other sites does not imply any endorsement with respect to such sites or any products or services depicted or offered on such sites, or any association with their operators.   

4. DISCLAIMER

Xiphos provides this Site and its contents on an “as is” basis and makes no representations or warranties of any kind with respect to this Site or its contents.  Xiphos disclaims all such representations and warranties, whether express or implied, including, but not limited to, the warranties of merchantability and fitness for a particular purpose.  In addition, Xiphos does not represent or warrant that the Site is secure, will operate without error and be available for your use, nor that the Site Content is accurate, complete, current, or free from errors.  Without limiting the foregoing, you understand and agree that by accessing the Site, you assume all risk of your use of the Site, and that to the extent you rely on the Site or Site Content, you do so understanding and assuming all risks associated with such reliance.

5. USER SUBMISSIONS

By submitting information or materials to Xiphos, whether via e-mail, through the Site, or otherwise, including, but not limited to inquiries, feedback, questions, comments, suggestions, ideas, graphics or computer files of any type (each, a “Submission” and collectively, “Submissions”), you agree that such Submissions shall be deemed non-confidential, irrespective of any markings or legends included in or on such Submissions, and Xiphos shall have no obligation of any kind with respect to such information.  You thereby warrant, that the owner of such material has thereby irrevocably waive/waived all moral rights, all rights or privacy and publicity, and the like, and expressly grant/granted Xiphos a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, prepare derivative works and distribute such material (in whole or in part and without any obligation of attribution) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, subject to the Policy.

If you are under the age of 13, you may not register with or otherwise make Submissions to the Site. If you are over the age of 13, but under 18, Submissions may be submitted on your behalf only with the prior permission of your parent(s) or legal guardian(s). Any parent or legal guardian agreeing to these rules for the benefit of an individual between the ages of 13 and 18 acknowledges and agrees that he or she is fully responsible for such Submissions, and for any legal liability that may apply under these Terms or the Policy with respect to such Submission(s) or registration or use of the Site by a minor for whom permission has been granted by him or her.

6. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions.  Without limiting the foregoing, you agree that you shall not submit, post, introduce, distribute, upload or transmit to or through the Site: (a) material that is illegal, indecent, obscene, libelous, defamatory, disparaging, false or misleading; (b) unsolicited advertising, promotional material, or other forms of solicitation; (c) material that would infringe or violate the intellectual property, privacy or other rights of third parties; (d) any virus, worm, Trojan horse or other malicious, disabling or destructive code; or (e) a signature, avatar, screen name or other identifier that impersonates another person or otherwise misleads as to the source of a Submission or posting.  You further agree that you shall not engage in any activity on or in connection with the Site in any manner which could damage, disable, circumvent, overburden, or impair the Site or its security or interfere with any other party's use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

7. LIABILITY

To the maximum extent permitted by applicable law, in no event shall Xiphos and/or its licensors or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with or arising out of the use or performance of the Site, or for any Site Content or other information, software, products, services and related graphics obtained through the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Xiphos or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Site or Site Content, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the Site.

8. CHANGES

All content contained herein is subject to change without notice.  Xiphos reserves the right to change or modify the terms and conditions applicable to the use of this Site at any time.  Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Site.  Any use of the Site after such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions.

9. TERMINATION

Xiphos reserves the right, in its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features of the Site or of any Site Content, at any time.  Xiphos may also impose limits on certain features and services or restrict your access to parts of the Site without notice or liability.

10. GOVERNING LAWS

This Agreement is governed by and construed in accordance with the laws of the Province of Quebec, Canada, without giving effect to any of the conflict of law principles or rules thereof.