Terms and Conditions
Terms and Conditions
Exoben Inc. (“Exoben”) manages the website located at www.exoben.com (the “Website”). The content on the Website pertains to Exoben and its subsidiaries (collectively referred to as “We” or “Us”). Please read these Terms of Use (this “Agreement”) carefully. If you do not agree to these terms, please exit the Website immediately and avoid accessing it again or using any content obtained from it. This Agreement is between Exoben and the individual accessing and using the Website or, if that individual represents a company or other entity, the company or entity they represent (in either case, “You”).
Exoben and You agree to the following terms:
1. Website Usage
Exoben Inc. (“Exoben”) manages the website located at www.exoben.com (the “Website”). The content on the Website pertains to Exoben and its subsidiaries (collectively referred to as “We” or “Us”). Please read these Terms of Use (this “Agreement”) carefully. If you do not agree to these terms, please exit the Website immediately and avoid accessing it again or using any content obtained from it. This Agreement is between Exoben and the individual accessing and using the Website or, if that individual represents a company or other entity, the company or entity they represent (in either case, “You”).
2. Duration and Termination
This Agreement becomes effective on the date you first access the Website and remains in effect until terminated as described in this section. Exoben reserves the right to terminate this Agreement at any time, for any reason or no reason, with or without prior notice to you. You may terminate this Agreement by providing notice to Exoben, with the termination becoming effective 10 business days after the notice date (as detailed in Section 11 below). Upon termination, all rights granted to you under this Agreement will end, and you must immediately stop accessing the Website and using any Website content. Provisions of this Agreement that are intended to survive termination will continue to be in effect after the Agreement ends for any reason.
3. Content and Trademarks
The text, files, images, graphics, illustrations, information, data, audio, video, photographs, and all other content available on or through the Website, including services (collectively, “Website Content”), are protected by the intellectual property rights of their respective owners. You acknowledge that the Website Content is valuable property and, unless otherwise stated in this Agreement or on the Website, all ownership and title rights to the Website Content remain exclusively with Exoben. Your access to and use of any Website Content may also be subject to separate licenses or agreements (each a “Content Agreement”) that you enter into with Exoben or our licensors (“Our Licensors”).
Except as explicitly stated in this Agreement or any applicable Content Agreement, you are not granted any licenses or rights to the Website or Website Content, or any intellectual property related thereto. You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or exploit any portion of the Website or Website Content without prior written permission from Exoben.
You also acknowledge that all trademarks, trade names, service marks, logos, banners, and page headers displayed on the Website (collectively, the “Marks”) are valuable property. Unless otherwise noted on the Website, all title and ownership rights to the Marks remain exclusively with Exoben. Except as expressly stated in this Agreement, you may not display, link to, or use the Marks without prior written permission from Exoben or the owner of the specific Mark.
5. User Responsibilities
You agree not to, and will not permit any third party to:
(a) Harvesting Contact Information: Use the Website to gather or collect email addresses or other contact information of other users through electronic or other means without their consent. This includes, but is not limited to, the use of bots, crawlers, or any automated mechanisms to extract user data for unsolicited communications or marketing purposes.
(b) Unlawful Use: Use the Website in any illegal manner or in any way that could harm, disable, overload, or impair the Website. This includes engaging in activities that violate any applicable laws or regulations, including but not limited to intellectual property laws, privacy laws, and cyber laws.
(c) Automated Interaction: Use automated scripts, software, or tools to collect information from or otherwise interact with the Website. This prohibition includes, but is not limited to, the use of bots to scrape content, perform repetitive tasks, or manipulate data.
(d) Harassment and Intimidation: Use the Website to threaten, harass, or intimidate any individuals or entities. This includes sending abusive, defamatory, or obscene messages, and engaging in any form of behavior that is intended to cause distress or discomfort to others.
(e) Reverse Engineering: Attempt to reverse engineer, decompile, disassemble, or otherwise uncover the source code or method of operation of the Website. This also includes any efforts to modify or create derivative works based on the Website’s software.
(f) Security Circumvention: Remove, bypass, or circumvent any security measures implemented on the Website. This includes any actions taken to disable firewalls, encryption protocols, or other security mechanisms designed to protect the integrity and confidentiality of the Website.
(g) Proprietary Rights: Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices included on the Website. This includes tampering with logos, trademarks, or legal disclaimers that are displayed on the Website.
(h) Malicious Code: Upload or provide to Exoben any code, instructions, or devices intended to access, modify, delete, disable, interrupt, or damage the Website or its operation. This includes, but is not limited to, the introduction of viruses, Trojan horses, worms, spyware, traps, back doors, disabling devices, or any other type of malicious or destructive code that could compromise the functionality or security of the Website.
6. Reporting Copyright Infringement
Exoben respects the intellectual property rights of users and third parties. If you believe in good faith that your copyrighted work has been reproduced on the Website without authorization, constituting copyright infringement, you can notify us at the following address:
Exoben Inc.
800 N King Street
Suite 304 1356
Wilmington, DE 19801
United States
To ensure your notice is effective, please include the following information:
(a) Identification of the Infringed Work: Clearly identify the copyrighted work that you claim has been infringed, along with sufficient detail to locate the allegedly infringing material on the Website.
(b) Your Contact Information: Provide your name, address, daytime phone number, and email address, if available, so we can contact you if necessary.
(c) Statement of Good Faith Belief: Include a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, the owner’s agent, or the law.
(d) Accuracy and Authority Statement: Include a statement affirming the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
(e) Signature: Your physical or electronic signature is required to validate your notice.
Example of a Proper Notice:
[Your Name]
[Your Address]
[City, State, Zip Code]
[Daytime Phone Number]
[Email Address]
[Date]
Exoben Inc.
800 N King Street
Suite 304 1356
Wilmington, DE 19801
United States
Dear Exoben Legal Team,
I am writing to notify you of an infringement of my copyrighted work on your website. The details of the infringed work are as follows:
(a) Infringed Work: [Title and description of the copyrighted work]
(b) Allegedly Infringing Work: [Location and description of the infringing material on the Website]
(c) Contact Information: [Your Name, Address, Daytime Phone Number, Email Address]
(d) Statement of Good Faith Belief: I have a good faith belief that the use of the copyrighted work described above is not authorized by the copyright owner, its agent, or the law.
(e) Accuracy and Authority Statement: I hereby affirm that the information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of the copyrighted work described above.
(f) Signature: [Your Physical or Electronic Signature]
Thank you for your prompt attention to this matter.
Sincerely,
[Your Name]
By including all the necessary information, you help us address your claim quickly and efficiently. Exoben is committed to investigating all claims of copyright infringement and will take appropriate actions as required by law.
7. Declarations and Assurances
You provide the following declarations, assurances, and commitments for the benefit of Exoben and our licensors:
(a) Legal Authority and Capacity: You confirm that you have the legal right and authority to enter into this Agreement. If you are acting on behalf of a company or other entity, you confirm that you have the authority to bind that company or entity to the terms of this Agreement.
(b) Compliance and Capability: You assure that you have the legal right and capability to fulfill all your obligations under this Agreement. This includes the ability to grant the rights and licenses described in this Agreement and any related agreements that you enter into concerning the Website or its content.
(c) Accuracy and Currency of Information: You guarantee that all information you provide in connection with this Agreement, as well as your access to and use of the Website and its content, is accurate, current, and truthful.
(d) Adherence to Terms: You agree to adhere to all terms and conditions specified in this Agreement, ensuring that your use of the Website and its content is in compliance with all applicable laws and regulations.
(e) Intellectual Property Compliance: You confirm that your activities on the Website, including any content you upload or share, will not infringe on the intellectual property rights of any third party.
By making these declarations, assurances, and commitments, you help ensure a safe, legal, and compliant use of the Website for all parties involved.
8. Disclaimer and Limitation of Liability
Disclaimer
The Website and its content are provided by Exoben on an “as is” and “as available” basis, without any warranties of any kind. Exoben and its licensors make no representations or endorsements regarding the accuracy, reliability, or completeness of any advice, opinion, statement, software, service, or other information distributed through the Website or accessible through links on the Website. We do not control or endorse any third-party content or services linked on the Website, and you may encounter content that you find offensive, indecent, or objectionable. Your use of the Website is at your own risk, and you are solely responsible for any damage or liability arising from your use of the Website and its content.
Except where laws and regulations of a particular jurisdiction mandate that certain warranties cannot be waived, Exoben expressly disclaims all warranties, express or implied, regarding the Website and its content. This includes, without limitation, all warranties of title, non-infringement, merchantability, and fitness for a particular purpose. You acknowledge that the current state of technology does not allow for error-free access to the Website, and interruptions, crashes, and downtime may occur beyond Exoben’s control.
Limitation of Liability
Under no circumstances shall Exoben or its licensors be liable for any damages, whether direct, consequential, special, indirect, exemplary, or punitive, arising from your access to or use of the Website or its content. This limitation applies regardless of the legal theory under which such damages are sought, including contract, tort, or any other legal theory, even if Exoben or its licensors have been advised of the possibility of such damages. Furthermore, this limitation applies notwithstanding any failure of essential purpose of any limited remedy.
The total aggregate liability of Exoben and its licensors for any damages arising out of or related to this Agreement or your access to and use of the Website or its content is limited to US$1.
9. Responsibility for Claims and Legal Protection
You agree to indemnify, defend, and hold harmless Exoben, our licensors, and their respective employees, agents, contractors, assigns, licensees, and successors in interest (collectively, “Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) arising out of or related to:
(a) Your Use of the Website: Any claim or allegation resulting from your access to or use of the Website or its content.
(b) Your Provided Content: Any claim or allegation resulting from content you provide or upload to the Website.
(c) Breach of Agreement: Any claim or allegation arising from your breach or alleged breach of any term of this Agreement.
This indemnification obligation does not apply to the extent that such claims or allegations are caused by the Indemnified Party’s own negligence or willful misconduct. Exoben will provide you with prompt notice of any such claim or allegation and will have the right to participate in the defense of any such claim at its own expense.
Steps for Indemnification:
1.Notification: Exoben will notify you promptly of any claim or allegation for which indemnification is sought.
2.Defense: You agree to defend the Indemnified Parties against such claims or allegations, using counsel reasonably acceptable to Exoben.
3.Settlement: You shall not settle any claim or allegation without Exoben’s prior written consent unless the settlement completely and unconditionally releases the Indemnified Parties from all liability.
4.Participation: Exoben reserves the right to participate in the defense of any claim or allegation, at its own expense.
10. Notifications and Communication
How to Send Notices to Exoben:
Except as expressly stated otherwise in this Agreement, all notices required or permitted under this Agreement must be in writing. You can send notices to Exoben via postal mail addressed to “Attention: Communications” at the corporate headquarters address listed under the “Contact Us” section on the Website. Such notices will be deemed given five business days after they are deposited in the postal mail, provided the notice is not returned as undeliverable. If applicable law requires Exoben to accept email notices, you may send an email notice to info@exoben.com.
How Exoben Will Send Notices to You:
Exoben may provide notices to you in several ways:
Website Posting: Notices may be posted on the Website. These notices will be deemed given 24 hours after being posted. You are responsible for periodically checking the Website for such notices.
Email Notification: Exoben may also send you notices via email to the email address you provided during registration. Email notices will be deemed given 24 hours after the email is sent, unless Exoben receives notification that the email address is invalid or the email delivery fails.
Ensuring Effective Communication:
Postal Mail: Ensure that your postal address is up-to-date and capable of receiving mail.
Email Address: Provide a valid email address and check it regularly for communications from Exoben.
Website Monitoring: Regularly visit the Website to stay informed of any new notices or updates.
By following these guidelines, both parties can maintain effective and timely communication, ensuring that all notices are properly received and acknowledged. This helps in upholding the terms of the Agreement and addressing any issues promptly.
11. General Provisions
Assignment
You are not permitted to assign, delegate, or transfer this Agreement or any of your rights and obligations under it, whether by operation of law or otherwise. Any attempt to do so will be considered null and void.
Entire Agreement and Waivers
This Agreement represents the complete and exclusive understanding between the parties regarding the subject matter and supersedes all prior oral and written agreements and understandings. No waiver of any breach of any provision of this Agreement shall be deemed a waiver of any other breach or subsequent breach. In the event of any ambiguity or question of intent or interpretation, this Agreement shall be construed as if jointly drafted by both parties, and no presumptions or burdens of proof shall arise favoring or disfavoring either party due to the authorship of any provisions.
Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity or unenforceability without affecting the validity or enforceability of the remaining provisions. The remaining provisions shall remain in full force and effect.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, USA, for the resolution of any disputes arising out of or related to this Agreement. The prevailing party in any such dispute shall be entitled to recover reasonable attorneys’ fees and costs.
Modifications
Exoben reserves the right to modify, update, or change the Website, its content, and this Agreement at any time without prior notice. Any such modifications will be effective immediately upon posting on the Website. It is your responsibility to review the Agreement periodically to stay informed of any changes. Continued use of the Website after modifications are posted constitutes your acceptance of the changes.
Intended Beneficiaries
Exoben’s subsidiaries and licensors are intended beneficiaries of all rights and obligations that run to them under this Agreement. They have full authority to enforce such rights and obligations.
By adhering to these provisions, you ensure a clear understanding of your rights and responsibilities under this Agreement, while protecting the interests of both parties involved.