Acceptance of Terms
Accuracy and Completeness of Information
While EXA Corp. uses reasonable efforts to include accurate and up to date information in the Website, EXA Corp. makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Website.
Modification of Website
Information in the Website is subject to change without notice. Information regarding EXA Corp.’s products and services is applicable only in Canada unless otherwise noted. Some products and services may not be available in certain areas. EXA Corp. makes no representations that the materials in this Website are appropriate or available for use in other countries aside from Canada. Those who do access this Website from other countries are solely responsible for compliance with local laws of that country.
Your Use of the Website
You may not modify, alter or change any materials or distribute, publish, transmit, reuse, re-post or use the content of the Website for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the materials is strictly prohibited and is a violation of the rights of EXA Corp. and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity.
Although we are sincerely complimented that you thought to send us an idea or concept, we are unable to accept ideas and suggestions (“Submission”) from outside the company. We genuinely appreciate your interest, but do not want to foster false expectations as to the origin of any idea. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of EXA Corp..
From time to time, EXA Corp. may ask that you transmit to the Website by electronic mail your feedback on EXA Corp.’s products and/or services. Any communication or material you transmit, upload or post will be (a) treated as non-confidential and non-proprietary by EXA Corp.; (b) become the property of EXA Corp. and EXA Corp. shall exclusively now and hereinafter own all rights, title and interest therein; and (c) used without restriction by EXA Corp. or its bottlers, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Website or otherwise. However, EXA Corp. shall be under no obligation to respond to any such communication.
In the event that EXA Corp. may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Website, EXA Corp. is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. EXA Corp. will fully cooperate with any law enforcement authorities or court order requesting or directing EXA Corp. to disclose the identity of anyone posting any such information or materials.
Use of and browsing in the Website is done at user’s own risk. Neither EXA Corp. nor any other party involved in creating, producing or delivering the Website shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Website, or uploading content to the Website, or downloading of any materials, data, text, images, video or audio from the Website, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
IN NO EVENT SHALL EXA CORP., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE WEBSITE, YOUR USE OF ANY THIRD PARTY SITE, OR THE ACTIONS OF ANY THIRD PARTY, HOWSOEVER ARISING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website is controlled and offered by EXA Corp.. EXA Corp. makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You should assume that all materials, designs, text and images contained in the Website (collectively, the “Materials”) are copyrighted property of EXA Corp. or related entities. EXA Corp. neither warrants nor represents that your use of these Materials will not infringe rights of third parties unrelated to EXA Corp..
Trade-marks and Proprietary Materials
All offers set forth on the Website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
Links to Third Party Sites
This Website may link to other sites not maintained by or related to EXA Corp.. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Website or with the products and services of EXA Corp.. EXA Corp. has not reviewed all of the sites linked to the Website and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.