PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (THIS “SITE”). USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.
General. This Site is owned and operated by Rexx Media Inc.. Rexx Media Inc. reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. You thus should visit this page periodically for changes. This Site is continually under development and changes in this Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.
Site Security. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. Rexx Media Inc. will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
Other Prohibited Activities. In using this Site, you must also not:
- Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;
- Misrepresent your identity or affiliation in any way;
- Violate any applicable laws or regulations; or
- Assist or permit any persons in engaging in any of the activities described above.
User-Submitted Information. You must exercise caution, good sense and sound judgment in using this Site. You are responsible for any material you transmit to or through the Site or to us through email. You agree, represent and warrant that any information you transmit to or through the Site or to us through email is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Certain information submitted by you, or otherwise collected from you, is subject to Rexx Media Inc.’s privacy policy, available on this Site.
Copyright. The design, images, text content and overall layout contained in this website are protected under U.S. and international law as copyrighted materials, whether registered or unregistered. Anyone who claims, displays, distributes, reproduces copies or creates derivative works for commercial or noncommercial purposes without the prior written permission of Rexx Media Inc. is in violation of the copyright laws and is liable for copyright infringement to the greatest extent of the law. Permission for all uses of materials, including linking to any page at this Site except the “home page” (http://fixingthisworld.com), must be obtained from the Rexx Media Inc. in advance. Requests for such authorization should be submitted via an email to webmaster@fixingthisworld.com.
Trademarks. All trademarks, service marks, logos and trade names displayed on this Site, whether registered or unregistered, are the exclusive property of Rexx Media Inc., or other companies where so indicated, and are protected under U.S. and international trademark law. Use of any of these marks without prior written permission of Rexx Media Inc. or the appropriate owner is strictly prohibited.
Third-Party Content. This website contains content supplied by parties other than Rexx Media Inc. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Rexx Media Inc. Neither Rexx Media Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Rexx Media Inc. represents the opinions and judgments of the respective third-party information provider or user, and not of Rexx Media Inc..
Links to Other Websites. As you view this Site, you may notice links to other websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of Rexx Media Inc.’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Rexx Media Inc. Rexx Media Inc. is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Rexx Media Inc. of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.
Jurisdictional Issues. This Site is controlled and operated by Rexx Media Inc. from its offices within the State of Connecticut, United States of America. Rexx Media Inc. makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. Software from this Site is further subject to United States export controls.
Monitoring. Rexx Media Inc. shall have the right, but not the obligation, to monitor the content of this website to determine compliance with these Terms and any other operating rules established by Rexx Media Inc. Rexx Media Inc. shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on this website. Without limiting the foregoing, Rexx Media Inc. shall have the right to remove any material that Rexx Media Inc., in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale. Notwithstanding this right of Rexx Media Inc., users shall remain solely responsible for the content of their messages. Each user acknowledges and agrees that neither Rexx Media Inc. nor any third party content provider shall assume or have any liability for any action or inaction by Rexx Media Inc. or any third party content provider with respect to any conduct, communication or posting on this Site.
Termination. Rexx Media Inc. may terminate your use of this Site, our mailing list, our test center, our online store, or any of our other services at any time and for any reason without notice including for conduct violating these Terms. Upon any such termination, you must destroy all materials obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.
Disclaimer of Warranty
(a) This Site is provided on an “as is” basis without warranties of any kind. To the fullest extent permissible pursuant to applicable law, Rexx Media Inc. disclaims all representations and warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Rexx Media Inc. does not warrant that this Site or the server that makes it available are free of viruses or other harmful components. Rexx Media Inc. does not make any representations or warranties regarding the use or the results of the use of the materials in this Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
(b) Each user expressly agrees that use of this Site is at his or her sole risk. Neither Rexx Media Inc., nor any of its respective affiliates, employees, agents, third-party content providers, technical providers, or licensors, if any (“Companies”) warrant that this website will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of this website or as to the accuracy, reliability, or content of any information, service, or merchandise provided through Rexx Media Inc. or its content providers.
(c) Rexx Media Inc. does not endorse, warrant or guarantee any product or service offered by a third-party through this Site and will not be a party to or in any way monitor any transaction between any user and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, each user should use his or her best judgment and exercise caution where appropriate.
Limitation of Liability
(a) The disclaimers of liability contained herein apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or material, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Each user specifically acknowledges that Rexx Media Inc. is not liable for the defamatory, offensive or illegal conduct of third parties, including other users and that the risk of injury from the foregoing rests entirely with each user.
(b) In no event will Rexx Media Inc. or the Companies or any person or entity involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use this Site or the materials on it or out of the breach of any warranty, even if Rexx Media Inc. or an authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
(c) Rexx Media Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on this Site, nor for any offensive, defamatory, or obscene posting made on the service by anyone. Under no circumstances will Rexx Media Inc. be liable for any loss or damage caused by a user’s reliance on information obtained through the content and/or any postings on this Site. It is the responsibility of each user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through and from this Site.
(d) Each user specifically acknowledges that in no event will Rexx Media Inc. or the Companies, nor any of their respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of (i) the use by such user of any browser owned or operated by any party and/or (ii) the downloading of any software owned or operated by any third-party in connection with the Site.
Indemnity. You agree to indemnify, defend and hold harmless Rexx Media Inc. and the Companies, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Site.
Children. This website is a general audience site. Rexx Media Inc. does not seek through this Site to gather personal information from or about persons under the age of 13.
Privacy. Use of this Site is also governed by Rexx Media Inc.’s privacy policy, available at fixingthisworld.com and in the footer of this Site.
Other. Prices and product offers are subject to change. These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.
If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to webmaster@fixingthisworld.com , or via a letter to Rexx Media Inc. 93S. Jackson Street #11395, Seattle, WA 98104-2818. We will endeavour to respond to you promptly.
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