Terms of xGEL Data Systems Website Use

Please read the following Terms and Conditions carefully. They govern your access and use of this Website.

By accessing or using this Website, you agree to be bound by these Terms and Conditions and accept them in full, and as they may be modified by xGEL Data Systems, LLC from time to time and posted on this Website. Furthermore, if you apply for an account with xGEL Data Systems, LLC, you must agree to additional terms and conditions of the xGEL Data Systems, LLC Service Agreement. Also, if you download any software from this site you must agree to the additional terms and conditions given in the software agreement. Such additional terms and conditions of any xGEL Data Systems, LLC Service, and any xGEL Data Systems, LLC software are in addition to, and not in lieu of, the agreement into which you are deemed to have entered with xGEL Data Systems, LLC by virtue of your use of this site.

Use of Website

Contents are included in this Website solely for the personal use of Website users. You may not resell, republish, or copy (other than a copy for personal use), any of the Contents of this Website without the prior written consent of xGEL Data Systems, LLC, which may be withheld in its sole discretion.

Copyrights and Other Intellectual Property

Except where otherwise expressly noted, all Contents of this Website, including the graphics, icons and overall appearance of the Website, are the sole and exclusive property of xGEL Data Systems, LLC, and/or its subsidiaries or affiliates. The posting of the Contents of this Website neither constitutes a waiver of any of xGEL Data Systems, LLC proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer or license by implication, estoppel, or otherwise of any such right or of any license to the Website user or to any third party. Contents of this Website are protected by United States and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any Contents you obtain from the Website.

Trademarks

The following product names, features and services are trademarks owned by xGEL Data Systems, LLC, and are protected by international copyright laws, xGEL, LabMate, xGEL LabMate, xGEL Folder Cloner, xGEL PC Stats. Other company, product, and service names may be trademarks or service marks of others.

Links to Other Websites

xGEL Data Systems, LLC may establish links between this Website and one or more Websites operated by third parties. xGEL Data Systems, LLC has no control over any such other Websites or the contents therein. The existence of any such links shall not constitute an endorsement by xGEL Data Systems, LLC of such Websites, the contents of the Websites, or the operators of the Websites.

Data Security

xGEL Data Systems, LLC uses a Secure Socket Layer ("SSL") connection for processing of your credit card information and for transmission of data related to your account and for data accessed and transmitted while in your user account. Accordingly, your credit card and other ordering information, such as your name and address when submitted as part of a credit card transaction, is encrypted using the SSL connection and is not expected to be read in an intelligible form as it travels to the xGEL Data Systems, LLC order processing system, however, xGEL Data Systems, LLC is not responsible for the SSL protocol and anything transmitted using the SSL is on an as is, at risk to you basis.

By using this site your agree to protect your username and password for the site features, and for any account that you create or have access to. If you access your account from a public computer be sure to log off before closing the browser window.

Other transmissions to and from this website including forums or help inquiries, etc. are made outside of any SSL and therefore are less secure and your communications may be read or intercepted by others.

Limitations on Website Access and on Creation of and Access to User Accounts

xGEL Data Systems, LLC accounts are restricted to those applicants approved by xGEL Data Systems, LLC and xGEL Data Systems, LLC shall have sole discretion as to whether to grant an account. In addition, xGEL Data Systems, LLC has the unilateral right to restricted or terminate your access to this website or to suspend or restrict access to you account at any time in its sole discretion.

Physical Product Warranty, if any, are by Manufacturer(s)/Others

xGEL Data Systems, LLC does not provide any physical products. It provides software products in digital form and it provides a service for processing data and that software and service runs on the physical platform of others. Any equipment that is described on the xGEL Data Systems, LLC website is provided by others and the warranty resides with those vendors.

No Warranties

ALTHOUGH XGEL DATA SYSTEMS, LLC ATTEMPTS TO PROVIDE ACCURATE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS, ICONS, DOCUMENTS, AND MATERIALS (COLLECTIVELY, THE "CONTENTS") ON THE WEBSITE, IT MAKES NO REPRESENTATION, ENDORSEMENT, OR WARRANTY THAT SUCH CONTENTS ARE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE WEBSITE AND ITS CONTENTS IS AT THE USER'S SOLE RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, XGEL DATA SYSTEMS, LLC ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY. IN NO EVENT WILL XGEL DATA SYSTEMS, LLC OR ITS SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEBSITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS WEBSITE OR ANY OTHER WEBSITE, EVEN IF XGEL DATA SYSTEMS, LLC IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Provision for Extinguishment of Claim(s) and Controversy

In the event of any claim(s) by you against xGEL Data Systems, LLC for damages or any other legal remedy, the tender of the amount of $ 500.00 (Five Hundred Dollars) by xGEL Data Systems, LLC shall extinguish said claim(s) and controversy with prejudice and extinguish any claim or similar claim related to multiple instances of alleged damages.

Modifications

xGEL Data Systems, LLC may at any time make modifications, changes, and alterations to the Contents of this Website, including these Terms and Conditions, without prior notice.

National Governing Law is in the United States of America

These Terms and Conditions shall be governed by and construed in accordance with the law of the United States, without regard to the conflict of laws thereof.

Venue

Any controversy or claim arising out of, or relating to, these Terms & Conditions shall be exclusively subject to the jurisdiction of the appropriate State Court venued in Bexar County Texas, for those matters falling under the purview of the laws of the State of Texas (e.g, Trade Secrets), or, for portions of any controversy or claim that falls under the Jurisdiction of the United States, the venue shall be the United States Federal District Court for the Eastern District of Texas.

Severability

To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.

Waiver

No waiver by xGEL Data Systems, LLC of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time, or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.