The materials on xceedx.com (the "Site"), which may include text, images, audio clips, video clips, software and other materials and applications (the "Content"), are provided by Xceedx for informational purposes only. By accessing the Site or downloading any Content, you agree to be bound by the terms and conditions set out below. If you do not agree with these terms and conditions, do not access the Site or download any Content.

While Xceedx uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your sole risk. Everything on the Site is provided to you "as is" and "as available" without representation, warranty or condition of any kind, either express, implied, or statutory including, but not limited to, implied representations, warranties or conditions of merchantability, fitness for a particular purpose, durability, title, non-infringement of intellectual property rights or inter-operability of products or services. Xceedx assumes no responsibility to you or any third party for any errors or omissions of any kind in the Content. Changes or updates to Content on this Site may occur without notice.

The sites linked to this Site are not under the control of Xceedx and Xceedx is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Xceedx provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Xceedx of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these web sites which you should locate and review.

Xceedx may at any time revise these Terms by updating this posting. You should therefore review these Terms each time you access the Site.

Neither Xceedx, its partners, suppliers, affiliates nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if Xceedx has been advised of or foresees the possibility of any damages occurring.

You agree to defend, indemnify and hold Xceedx and its suppliers, partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the Site or with the placement or transmission of any message or information on or from the Site by you.

These Terms shall be governed by the laws of the province or state in which you reside and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.

Xceedx respects the privacy of its Internet users and will protect that privacy as vigorously as possible.

Xceedx does not collect information that personally identifies individuals except when individuals provide such specific information on a voluntary basis. There may be occasions where specific personal information is requested before an individual can enter certain sections of an Xceedx site. For example, registration is needed to enter the Client Services support site.

In all such cases, Xceedx will collect only information that is voluntarily provided by the user and undertakes that such information will be kept strictly confidential. Individual information provided to Xceedx to gain access to any Xceedx site will not be sold or made available to a third party.

Xceedx does reserve the right, however, to perform statistical analyses of user behaviour and characteristics, in order to measure interest in and use of the various sections of its sites so as to improve design and navigation and to gather marketing information. Only aggregated data from these analyses, not individual data, will be used for this purpose.

As well, users should be aware that certain non-personal information and data may be automatically collected by Xceedx through the operation of what are called "cookies". "Cookies" are small text files that identify an individual computer's browser entering a web site. They allow the site to track that browser's movement through the site over several sessions. Through cookies, a web site can recognize repeat users, facilitate the user's access to and use of the site and allow a site to track usage behaviour that will allow content improvements. Xceedx uses cookies only for the above-mentioned purposes and will not use them to identify users or to track non-Xceedx usage.

If you do not want a cookie placed on your computer by Xceedx, you may disable cookies altogether by modifying the Preferences section of your web browser. Note that it is possible that some aspects of Xceedx sites may be unavailable to you if you choose this option.