Terms and Conditions
Disclaimer
References to “OPEN2XL” and “this site” refer to the OPEN2XL.com and related websites and it’s owners. By using the information, services and products available through this site and downloading any software, you are agreeing to the terms and conditions contained herein. For our privacy Policy please refer to http://open2xl.com/about/policy/
This site provides the information, services and products available “AS IS,” with no warranties whatsoever. All express warranties and all implied warranties and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law. This site is not associated with the software it provides for download and cannot be held liable for issues or faults that arise from the download or use of the software.
1. Agreement to Terms. These Terms of Use (so called herein) govern your use of services, products, software, and website (http://OPEN2XL.com) owned, sold, and/or provided by OPEN2XL. By using the site, the services, and/or the products, you signify that you acknowledge and agree to these Terms and conditions. In addition, when using the products, software, or particular services available on the site or otherwise through OPEN2XL, you will be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you do not agree to these Terms of Use, please do not use the site, products, software, or services. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these Terms of Use at any time without any notice. Please check these terms periodically for changes. Your continued use of the site, the products, software, or services after the posting of changes to these terms will mean you agree to abide by those changes. Please note that additional and/or different terms of use may apply to products, software, or services provided through one or more business associates and/or representatives of OPEN2XL and you should refer to those before using such services.
2. Ownership. The site is owned and operated by OPEN2XL. The contents of the site are copyrighted and owned exclusively by OPEN2XL. All rights are expressly reserved. OPEN2XL and all associated logos, characters, trademarks, service marks, artwork, stories, photographs, images, information, names, and other elements associated thereto are the sole and exclusive property of OPEN2XL or their respective copyright / trademark owner/s.
Any use of any of the materials on the site other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other web site or networked computer environment, without a prior written consent from OPEN2XL, is expressly prohibited. Modification of the materials or use of the materials for any other purpose is a violation of OPEN2XL’s copyright, trademark and other proprietary and intellectual property rights.
3. Links. The site, the products, software, and services may include links to other internet sites solely as a convenience to users. OPEN2XL does not endorse any such linked sites or the information, material, products, software, or services contained on other linked sites or accessible through other linked sites. Furthermore, OPEN2XL makes no express or implied warranties with regard to the information, material, products, software, or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products, software, and services on linked sites or available through linked sites is solely at the user’s own risk.
4. Submissions. You acknowledge and agree that OPEN2XL’s company policy provides that if you send us creative suggestions, testimonials, ideas, notes, drawings, concepts, photographs, images, or other information, irrespective of form or media, of any kind or nature whatsoever (collectively the “Submissions”), such shall be deemed and shall remain the exclusive property of OPEN2XL in perpetuity, subject to applicable federal and state laws. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants OPEN2XL the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that OPEN2XL chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” and goodwill with respect to all such Submissions. The sender further waives the right to make any claims against OPEN2XL relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality, and further agrees to indemnify, defend, and hold harmless OPEN2XL, its partners, officers, employees, and agents from any and all third party claims associated with such Submissions and the usage thereof.
5. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS, SOFTWARE, AND SERVICES, AS WELL AS MATERIALS IN THE SITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPEN2XL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPEN2XL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS, SOFTWARE, OR PRODUCTS IT PROVIDES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SOFTWARE OR ANY SERVER THAT MAKES EITHER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPEN2XL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE PRODUCTS, SERVICES, SOFTWARE, OR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT OPEN2XL) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF ANY OR ALL IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. Privacy Policy. OPEN2XL is committed to protecting your right to privacy. OPEN2XL collects only such information as is necessary to promote OPEN2XL (including selected partners) products and process any order from you with respect to the OPEN2XL’s products, services, software, and/or use of OPEN2XL’s web site.
7. Billing & Shipping/Downloads. OPEN2XL provides numerous products, services, and software. With respect to downloads of software the member is responsible for the completion of his or her download. OPEN2XL is not responsible for any interruptions in services such as slow/broken Internet connections, network congestion, DOS attacks, ISP and Carrier outages, power failures, Web server/s failure, fitness or ability of the computer used to access the download, Acts of God, or Force Majeure.
WE ARE VERY UNDERSTANDING SO IF THINGS DON’T GO SMOOTHLY THE FIRST TIME WE WILL MAKE IT RIGHT FOR YOU BY SETTING YOU ACCOUNT TO ALLOW FOR ANOTHER DOWNLOAD.
Members must complete ALL downloads or as many as desired and allowed before the expiration of their membership. With respect to the shipping of the CD ROMS and DVD’s you agree to allow 4-6 weeks for delivery. It is understood and agreed upon by you that shipping is to be done via insured, traceable parcel post via Canada Post Corporation as evidenced by your payment in any method (Cash, Money Order, Credit Card/s, and AlertPay / Paypal) If a membership it automatically renewed via recurring billing through any payment method used by OPEN2XL, cancellation of said membership is the sole responsibility of the member. Persons who become members and fail to cancel a membership will bear the financial responsibility for any billing and or debit made to any account, credit card, bank account or debit card. Purchasing a membership shall serve as evidence of your acceptance and compliance to any and all parts of these terms and conditions. Your payment gives you access to the members only download centre for the period of 7 days. Your login and password provides for you ONE (1) download of any / ALL available download in the members area. Sharing your membership with others is strictly prohibited, security measures are in place to monitor your accounts activity any misuse will result in the immediate deactivation of your account without refund. Please use your membership from ONE (1) computer/ IP address. Failing to do so could result in your accounts immediate closure. IF YOU DO NOT AGREE TO THESE TERMS DO NOT LOGIN.
Section 7 Subsection (1): Refunds.
Digital delivery (downloads)
Open2xl will gladly refund your purchase in the event that you are unable to acquire the software ordered. Please submit your particulars to info@open2xl.com as to the circumstances that led to your request for a refund. We will attempt to make it accessible to you and if it is not possible then we will promptly refund the purchase price to you in full.
DVD Shipping:
In the event that your DVD arrives damaged OPEN2XL will refund upon receiving the damaged DVD promptly to you your purchase price. We insure our deliveries and any damages that happen in transit that result in us filing an insurance claim will be investigated by Canada Post Corporation.
8. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OPEN2XL BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, PRODUCTS, OR MATERIALS ON THE SITE OR PRODUCTS OR SOFTWARE PROVIDED BY OPEN2XL, EVEN IF WARNED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OPEN2XL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND/OR USING THE PRODUCTS, SOFTWARE, AND/OR THE SITE.
9. Termination. You agree that OPEN2XL, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the software, products, services, or web site and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in OPEN2XL’s sole and absolute discretion. OPEN2XL may also in its sole and absolute discretion and at any time discontinue providing the software, services, products, or the site, or any part thereof, with or without notice. You agree that any termination of your access to the software, products, services, or the site or any account you may have or portion thereof may be effected without prior notice, and you agree that OPEN2XL shall not be liable to you or any third-party for any such termination. At any time, and without cause, subscription to the Service may be terminated by the company, the website, or the subscriber upon notification through email. When you request the termination, charges for the CDs/DVDs/Membership/s and any shipping and handling fees are NOT refundable. You are liable for charges incurred by yourself until termination of service. Cancellation requests should be done BEFORE THE NEXT BILLING CYCLE
10. Authorization. Unless and until this agreement is cancelled in accordance with the terms hereof, you authorize the company or it’s payment processor/s to charge your credit card to pay for any charges previously agreed upon as described in Section 7. You hereby further authorize the company or it’s payment processor/s to charge your credit card for any and all products provided by the site. You are only allowed to have one membership per website at a time.
11. Accurate information on file. If the address or any other information pertaining to your credit card is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if your credit card is lost or stolen, you must immediately inform the website via e-mail. Your failure to do so is a material breach of this Agreement, and, in the event of your failure to notify the website, the company disclaims any and all responsibility for charges posted to a lost or stolen credit card.
12. Membership. Your membership gives you access to the members only download centre for the period of SEVEN (7) days. Your membership provides for you ONE (1) download of any available download in the members area. Sharing your membership with others is strictly prohibited, security measures are in place to monitor your accounts activity any misuse will result in the immediate deactivation of your account without refund. Please use your membership from ONE (1) computer/ IP address. Failing to do so could result in your accounts immediate closure. IF YOU DO NOT AGREE TO THESE TERMS DO NOT LOGIN
13. Miscellaneous. The failure of OPEN2XL to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with applicable federal law and the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or the products, services, software or web site shall be filed only in the courts in and for Vancouver, British Columbia, Canada and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be 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.
14. You understand that the software provided to you via OPEN2XL is Open Source software and is freely available to you. Any fees that may be remitted to Open2xl are not for the software distributed under the GNU license, but are for the compilation, materials, maintenance, distribution, shipping, postage, administrative, and handling costs of making available said software to you. Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of personal, technical, public, or other data exported from the United States & Canada or the country in which you reside.
If you have questions or comments please contact us –
