Terms of Use
Effective as of SEPTEMBER 2022
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or “user” or with “your”) AND THE XR ASSOCIATION (referenced herein as “XRA”) THAT APPLIES EACH TIME YOU USE OR ACCESS XRA’S INTERNET PROPERTIES INCLUDING, WITHOUT LIMITATION, XRA’S PRIMARY WEBSITE AT www.xra.org AND ANY OTHER ONLINE PROPERTIES OPERATED BY XRA FROM TIME TO TIME (referenced collectively herein as the “XRA Site”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU”) AS THEY GOVERN YOUR USE OF THE XRA SITE. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE XRA SITE.
1. LICENSE GRANT. The XRA Site is made available by XRA, and this TOU provides to you a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the XRA Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the XRA Site solely for your personal use, provided that all hard copies retain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the XRA Site or any materials through the XRA Site for any commercial or unauthorized purposes.
2. LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. XRA transfers no ownership or intellectual property interest or title in and to the XRA Site to you or anyone else. Further, XRA reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the XRA Site (in whole or in part).
3. USER OBLIGATIONS. By accessing or using the XRA Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the XRA Site, including, without limitation, when you provide information via a XRA Site registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the XRA Site only with the involvement and acceptance of this TOU by a parent or legal guardian. If you are accessing or otherwise using the XRA Site on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOU and acknowledge that this TOU provides only a single license to use the XRA Site to an individual person. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the XRA Site. You also acknowledge and agree that use of the Internet and the XRA Site is solely at your own risk.
4. ACCOUNT. Registration for access to and use of member areas or tools of the XRA Site may require access credentials, such as an email address, name, company name, username and password, or adherence to other particular access requirements as designated by XRA in its sole discretion from time to time. You hereby agree to consider and maintain your access credentials in a confidential manner. You shall immediately notify XRA if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials. XRA has the right to disable any username, password, or other identifier or account if you have violated any provision of this TOU.
5. FEES. You are solely responsible for any charges incurred and any activities conducted through your account, or any charges incurred through your use of the XRA Site or registration for XRA events and activities. You represent and warrant that: (i) the payment information supplied to XRA is true, correct, and complete, (ii) you are duly authorized to use such payment information for the purchase, (iii) charges incurred by you will be honored by your payment company, and (iv) you will pay charges incurred at the posted prices, including all applicable taxes and fees, if any. By using a current, valid, accepted method of payment to pay for any purchases or billable applications or services through the XRA Site, you expressly authorize XRA or its agents to charge all fees and other costs incurred in connection with the XRA Site to the accepted method of payment. XRA reserves the right at any time to change the fees or costs for use of the billable applications or services available through the XRA Site. Such changes will be effective on the first billing cycle that occurs more than thirty (30) days after notice of XRA’s new fees. XRA reserves the right to deactivate your access to billable portions of the XRA Site for failure to pay applicable fees. Unless otherwise stated, all fees are stated in U.S. Dollars.
6. PROPRIETARY RIGHTS. The XRA Site is owned by XR Association. Copyright 2022 © XR Association and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the XRA Site, unless otherwise indicated, are owned by XRA and/or its licensors. XR ASSOCIATION, XRA, the XRA logo, and all other names, logos, and icons identifying XRA and its software, solutions, products, and services are proprietary trademarks of XRA, and any use of such marks without the express written permission of XRA is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
7. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to digital subscription(s), survey participation, payment, SMS (short message service) communication, or registration for and participation in a program or event. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the XRA Site, XRA shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to such payment or participation.
8. FEEDBACK. XRA welcomes your feedback and suggestions about XRA’s mission, services, tools, or with respect to how to improve the XRA Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to XRA in any form and through any medium, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty-free license for XRA to use such Feedback in any manner, for any purpose in furtherance of XRA’s mission, and in any medium.
9. PRIVACY POLICY. Please see XRA’s Privacy Statement for a summary of XRA’s personally identifiable information collection and use practices.
10. LINKS TO OTHER SITES. XRA may provide links to other third-party websites, which may promote products and services, and/or provide access to social media platforms. Such other sites, including social media platforms, are maintained by third parties over which XRA exercises no control. These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless XRA expressly states otherwise. You acknowledge that your decision to access any links to third-party websites or social media platforms is entirely at your own risk.
11. DISCLAIMER. THE XRA SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. XRAEXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. XRA ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION OR SERVICES PROVIDED BY OR AVAILABLE THROUGH THIS SITE INCLUDING, WITHOUT LIMITATION, ACCESS TO XRA’S USE OF ANY THIRD-PARTY CONTENT OR SITES.
12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE XRA FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND XRA’S CONTROL. MOREOVER, IN NO EVENT SHALL XRA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE XRA SITE OR WITH THE DELAY OR INABILITY TO USE THE XRA SITE, EVEN IF XRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF XRA FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE XRA SITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE XRA SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING ONE HUNDRED ($100) DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES, AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, XRA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. ENFORCING SECURITY. XRA wishes to keep the XRA Site as a safe and productive resource. You therefore may not use the XRA Site or any of XRA’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior including, without limitation, accessing or using XRA’s data, systems, or networks in an unauthorized manner; attempting to probe, scan, or test the vulnerability of XRA’s systems or networks; circumventing any security or authentication measures; monitoring any data or traffic; interfering with any services; collecting or using from the XRA Site email addresses, other identifiers, or other information without the consent of XRA or the licensor; using any false, misleading, or deceptive TCP-IP packet header information; using the XRA Site to distribute software or tools that gather information; distributing advertisements without the separate and express written approval of XRA; or engaging in conduct that is likely to result in retaliation against XRA or its data, systems, or networks. Actual or attempted unauthorized use of the XRA Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. XRA reserves the right to view, monitor, and/or record activity on the XRA Site in order to maintain security of the XRA Site and to enforce this TOU. Such recorded activity is subject to review by law enforcement organizations. XRA will also comply with all court orders or subpoenas involving requests for information. XRA reserves the right at any time to suspend or terminate operation of or your access to the XRA Site or any portion of the XRA Site.
14. INJUNCTIVE RELIEF. You agree that XRA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that XRA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to XRA to enforce any provision of this TOU.
15. TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you acknowledge, certify, assent, or otherwise accept that you agree to abide by the terms and conditions of the XRA Site, otherwise register to use the XRA Site, respond through the XRA Site to a request for information, and/or by your conduct, begin downloading, accessing, or using the XRA Site, whichever action or event is earliest. XRA reserves the right at any time and on reasonable grounds to deny your access to the XRA Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the XRA Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the XRA Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the XRA Site in your possession. The provisions concerning XRA’s proprietary rights, feedback, disclaimers (of warranty), limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
16. GOVERNING LAW. The XRA Site is controlled and operated by XRA from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the District of Columbia as applied to agreements entered into and completely performed in the District of Columbia. Any action to enforce this TOU will be brought in the courts presiding in the District of Columbia, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the XRA Site may not be legal by certain persons or in certain countries. If you access the XRA Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings.
17. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by XRA of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
18. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and XRAas a result of this TOU or your utilization of the XRA Site. This TOU represents the entire agreement between you and XRA with respect to use of the XRA Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and XRAwith respect to the XRA Site. You may not assign or transfer any rights under this TOU without the prior written consent of XRA. Please note that XRA reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, XRA may add, modify, or delete any aspect, program, or feature of the XRA Site, but XRA is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the XRA Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, you are expected to review this TOU on a periodic basis.
19. CONTACT. If you have questions regarding the XRA Site or if you are interested in obtaining more information concerning XRA, please contact XRA by 10 G Street NE, Washington, DC 20002 (mail),(202) 753-7585(phone), or info@xra.org (e-mail).