PR Terms and Conditions
XYZ LLC, dba XYZ Advantage (“XYZ Advantage,” “we” or “our”), own, operate, maintain and/or control one or more websites and web pages including, www.xyzadvantage.com and any associated, additional and/or successor websites (collectively the “Site”). We offer our customers and users (“users,” “you” or “your”) the opportunity to register an online profile with us in order to utilize the Site and order services (“Services”) through the Site. You may access and use the Site, including creating an account on the Site only if you agree to these Terms of Use unconditionally and without modification. You will be bound by such additional terms should you access the Site, complete an account, or purchase Services. If any additional terms pertaining to your orders conflict with these Terms of Use, the additional terms shall apply. PLEASE TAKE THE TIME TO READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE CREATING AN ACCOUNT OR OTHERWISE ACCESS THE SITE. By accessing, registering on or otherwise using the Site, you unconditionally accept and agree to be bound by these Terms of Use whether or not you have read them.
You may browse the Site to learn more about XYZ Advantage and the Services that we provide to users. The Site, including all material contained therein, as well as any of the foregoing posted anywhere on the Site or otherwise approved by XYZ Advantage, whether public or not (collectively “Licensed Content”) may be used for the sole and limited purposes set forth in these and any additional terms and as provided on the Site. You may view and print portions of the Licensed Content for your own internal use but not for resale or commercial exploitation other than as expressly provided herein or in any additional terms. Any other use of Licensed Content without XYZ Advantage’s prior written approval is strictly prohibited.
1. Information Available Through the Site
While XYZ Advantage uses commercially reasonable efforts to provide accurate information through the Site, many factors outside XYZ Advantage’s control affect these efforts. Moreover the industry of which XYZ Advantage is a part and the laws and regulations applicable to that industry periodically change. It is your responsibility to periodically review and update the Site and your account information to ensure that it is current and correct. XYZ Advantage makes no representation as to the availability of the Site, Services offered through the Site, or the truth, thoroughness, or accuracy of any information or advice provided through the Site. Please address all complaints relating to the operation of the Site to https://xyzadvantage.com/contact-us/. XYZ Advantage’s obligations, if any, are governed solely by these Terms of Use and any additional documents entered into in connection with an order for Products.
XYZ Advantage cannot ensure or guarantee and does not make any warranties regarding any information or determinations made by any Third Party in connection with these Terms of Use or any order. As used in these Terms of Use, a Third Party(ies) are persons or business entities, websites and any other business or enterprise that is referred to in the context of these Terms of Use as being other than XYZ Advantage or a user.
Only the original issuers of press releases are responsible for verifying the accuracy of their content. XYZ Advantage and its principals, officers, employees, and third-party partners disclaim any liability whatsoever for inaccuracies found in the content or source of the press releases transmitted on or through the XYZ Advantage service.
XYZ Advantage reserves the right to reject and/or remove copy at any time. XYZ Advantage will not be responsible or liable for any of the information transmitted on or through its service, and will not be responsible or liable for any decisions made based on such information.
Journalists, media outlets and websites deemed reputable at the sole discretion of XYZ Advantage and/or its newswire partner can use press releases in their entirety. They may also use press releases to develop an article or write a story as long as the finished product includes the company, organization, or person featured in the press release. All other uses of our press releases, including but not limited to any electronic redistribution or database storage and retrieval – whether or not for resale – in full, in part, in full text or in abstract, is prohibited without the express written consent of XYZ Advantage.
We reserve the right to ask for the removal of any and all content, including press release(s), at any time for any reason.
Inquiries concerning the use of XYZ Advantage text, photos, video, audio and other content should be addressed to https://xyzadvantage.com/contact-us/.
2. Your Account/Restrictions
You agree that: (a) you will not provide any false personal information or create an account for anyone other than yourself without permission; (b) you will not use the Site if you are under the age of 18; (c) you will keep your account details accurate and up to date; (d) you will not share your password, let anyone else access your account or do anything else that might jeopardize the security of your account; (e) you will not transfer your account to anyone without first getting our written permission; (f) you are not a direct competitor of XYZ Advantage; (g) you may not copy, transfer or otherwise use any content belonging to XYZ Advantage for the purpose of marketing or promoting our Services or any other product or service. Use of the Site in violation of these Terms of Use, including collecting names, e-mail addresses or other personally identifiable information of users by electronic or other means or any other use not expressly permitted in these Terms of Use will be investigated and XYZ Advantage reserves the right to take appropriate legal action, including without limitation, civil, criminal and injunctive relief. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any to any other person, organization, company or business, access to your account. You may not use the Site and may not accept the Terms of Use if: (a) you are not of legal age to form a binding contract or (b) you are a person barred from engaging in transactions under the laws of the United States or any other country including the country in which you are a resident. You will not use the Site to do anything unlawful, misleading, malicious or discriminatory. You will not do anything that could disable, overburden or impair the proper functioning of the Site such as a denial of service attack. XYZ Advantage reserves the right to remove, edit, move or close any account for any reason and to Suspend or ban any user account for any reason. You understand that any and all information which you may have access to as part of or through your use of the Site are the sole responsibility of the person from whom such content originated. Content may be protected by intellectual property rights which are owned by the provider thereof. You may not modify, rent, lease, lend, sell and distribute or create derivative works based on this content, either in whole or in part, unless you have been specifically told that you may do so by XYZ Advantage or by the owner of such content in a separate agreement. XYZ Advantage reserves the right (but shall have no obligation) to prescreen or view, flag, filter, modify, refuse or remove any and all content from the Site. You agree that you are solely responsible for (and XYZ Advantage has no responsibility to you or to any Third Party) for any content that you create, transmit or display while using the Site and for the consequences of your actions (including any loss or damage which XYZ Advantage may suffer) by doing so.
You may not probe, scan or test the vulnerability of the Site or XYZ Advantage Network. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Site or any Licensed Content, circumvent the security features or attempt to access any materials or information through any means not purposely made available by XYZ Advantage through the Site. Any attempt to interfere with or disrupt all or any part of the XYZ Advantage Network, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Technical Features, trace the information of any other user or visitor, circumvent security features, or take any action that compromises the privacy or security of the XYZ Advantage Network, users or other visitors is strictly prohibited. As applicable, you are responsible for ensuring that your employees and any other Third Parties accessing the XYZ Advantage Network through your account adhere to these Terms of Use.
You understand that, when you complete a purchase from the Site, the email address which you have provided will be added to our Customer Newsletter email list. This list is hosted by third-party provider Constant Contact. Their privacy policy is located at https://www.constantcontact.com/legal/privacy-statement. All emails sent to this list will include an unsubscribe link in the footer of the email message.
3. Termination of Participation in the Site
You may terminate your its relationship with XYZ Advantage at any time by (a) notifying XYZ Advantage at https://xyzadvantage.com/contact-us/ or (b) deleting your account. XYZ Advantage may at any time Suspend or terminate a user account if (a) the user has breached any provision of these Terms of Use (or has acted in a manner which clearly shows that the user does not intend to or is unable to comply with the provisions of the Terms of Use); (b) we are required to do so by law (for example, where a provision of particular services is or becomes unlawful); (c) XYZ Advantage is transitioning operation of the Site to a Third Party; (d) XYZ Advantage elects to cease operating the Site; or (e) for any reason whatsoever which, in XYZ Advantage’s opinion, is detrimental to the Site. Notification may be made by email, phone, mail, removing user details, or disabling access to all or part of Site.
4. Privacy, Data Security, Storage and Permission-Based Marketing
Please see our Privacy Policy for our privacy terms applicable to the Site.
5. Access by Children
XYZ Advantage does not target or market to, and the Site is not intended for use by children at all, but especially those under age 13. XYZ Advantage does not knowingly and will not intentionally contact or request personal information from children under the age of 13 for any purpose. XYZ Advantage will not knowingly contact children under age 13 without a parent’s permission, nor will it ask for more personal information than is reasonably necessary to participate in a given activity. If XYZ Advantage learns that a child under 13 has submitted its personal information, it will attempt to delete the information as soon as possible or seek parental consent.
6. Indemnity
You agree to indemnify, defend, release and hold XYZ LLC, its officers, directors, investors, affiliates, suppliers, users and its and their respective, agents and employees harmless from all damages, liabilities, fees, costs, loss of business profits, taxes, penalties or sanctions, and interest of any nature, including reasonable fees of attorneys and other professionals that XYZ Advantage may incur due to, arising out of or relating to any claims, demands, actions or proceedings, whether or not brought to suit, alleged or initiated against XYZ Advantage by any Third Party in any way arising out of or related to anything you submit, transmit through or upload to the Site, your use of the Site, your provision of registration or other information that is untrue, inaccurate, fraudulent, or out of date, your Communications, your violation of anyone’s proprietary or confidential information, patent, trademark, trade secret or other proprietary rights, an allegation that you are in violation of any right, license, law, statute, regulation, rule, order or ordinance and/or any act or omission resulting in harm to XYZ Advantage.
7. Modifications to the Site and these Terms of Use
From time to time XYZ Advantage may modify the XYZ Advantage Network and Technology Features, change the Licensed Content, disable certain features of the Site and/or Site or expand the Site’ capability and/or reduce or expand the Site. XYZ Advantage also reserves the right at any time and from time to time to modify these Terms of Use, the Site, their functionality and capabilities and/or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You will be bound by the modifications if you use the Site after being given notice. You should also regularly review these Terms of Use. You agree that XYZ Advantage shall not be liable to you or to any Third Party in any way.
8. Termination
XYZ Advantage, in its sole discretion, may suspend, terminate or bar your access to, registration or use of the Site, and/or XYZ Advantage Network for any reason, without prior notice to you but especially if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. XYZ Advantage may also, in its sole discretion and at any time, discontinue providing the access to the Site, or any part thereof, with or without notice. XYZ Advantage shall not be liable to you or any Third Party for any such action.
9. Links/Third Party Service Providers
The Site may contain links to other internet websites or resources. When you link to those sites, you leave the Site. XYZ Advantage has no control over such sites, their content and resources or the business practices or policies of operators of such sites. The privacy terms set forth in these Terms of Use do not apply to the practices of any companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices. XYZ Advantage expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, Services, materials or services available from such sites or resources and/or any claims, representations or warranties made by third parties with respect to their goods or services. The inclusion of any link on the Site does not imply that XYZ Advantage endorses the linked site. Your use of any links is at your own risk. You further acknowledge and agree that XYZ Advantage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.
10. Proprietary Rights/Licenses
XYZ Advantage’s Proprietary Rights: The “XYZ Advantage Network” is comprised of the Technology Features and Site through which the Technology Features and the Site are accessed as well as its Marks. The “Technology Features” means all functions, features and capabilities of the XYZ Advantage Network (including the Site), including without limitation all software, hardware, remote-access electronic functionality and all upgrades, updates, revisions, versions, releases, modifications and derivatives thereof and thereto. The Marks include all Third Party or XYZ Advantage trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another and whether or not registered to XYZ Advantage. The Marks, XYZ Advantage Network (including the Site), and Technology Features, the Site and the collection, compilation, assembly and arrangement of Licensed Content are owned by or under license to XYZ Advantage and contain proprietary and confidential information all of which is protected by all applicable intellectual property and other laws. All copyrights, patent rights, trade secret rights, trademarks and other intellectual property rights in and to the XYZ Advantage Network (including the Site), Technology Features, Site, Marks, and Confidential Information are owned solely and exclusively by XYZ Advantage. Everything you see or read and that which is provided to you through the Site, including the templates, expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Site, and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use and any additional terms without XYZ Advantage’s express written permission. You may not use or display the Marks in any manner without the prior written consent of the applicable owner. This includes use of the Site addresses or Marks in page text, as key words, meta tags or any other “hidden text.”
11. Notices and Procedures for Making Claims of Copyright Infringement
XYZ Advantage respects the intellectual property of others, and asks its users and visitors to do the same. XYZ Advantage will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to XYZ Advantage. Upon receipt of notices complying with the DMCA, XYZ Advantage will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable XYZ Advantage to locate the material;
d. your name, address, telephone number, email address and all other information reasonably sufficient to enable XYZ Advantage to contact you;
e. a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of copyright infringement should be directed to https://xyzadvantage.com/contact-us/
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING XYZ ADVANTAGE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
XYZ ADVANTAGE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE, LICENSED CONTENT OR INFORMATION REGARDING PRODUCTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT:
(A) YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, TRANSMISSION AND MAINTENANCE OF YOUR DATA, YOUR USE OF THE SITE AND YOUR ACTIVITIES IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING PRODUCT ORDERS.
(B) ALTHOUGH XYZ ADVANTAGE HAS NO OBLIGATION TO MONITOR ANY OF THE FOREGOING, IT HAS THE RIGHT TO DELETE, REMOVE OR EDIT ANYTHING IT BELIEVES MAY CONSTITUTE A BREACH OF THIS AGREEMENT AND TO SUSPEND OR TERMINATE YOUR ACCOUNT AT ANY TIME IN ITS SOLE DISCRETION WITHOUT NOTICE OR LIABILITY OF ANY SORT.
(C) UNDER NO CIRCUMSTANCES IS OR WILL XYZ ADVANTAGE OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, ANY OF YOUR DATA OR OTHER CONTENT OR MATERIAL PROVIDED BY YOU, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN ANY OF THE FOREGOING, OR FOR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
(D) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. XYZ ADVANTAGE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE.
(E) XYZ ADVANTAGE MAKES NO WARRANTY (I) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (II) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT THEY ARE SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE.
(F) ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE AND ANY INFORMATION YOU SHARE WITH THIRD PARTIES, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
(G) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XYZ ADVANTAGE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT XYZ ADVANTAGE SHALL NOT, IN ANY EVENT OR UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XYZ ADVANTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITE, ACCURACY OF THE INFORMATION, SHOWN OR AVAILABLE FROM THE SITE, AND/OR ANY TRANSACTION OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, XYZ ADVANTAGE’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND THIRD PARTY BUSINESS PARTNERS, IS LIMITED TO $100.00. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN XYZ ADVANTAGE AND YOU AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST XYZ ADVANTAGE WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. Notice
Notices to you may be made via email, United States Postal Service or commercial courier service to the contact information you provide. XYZ Advantage may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Site or this page. Notice or other correspondence to XYZ Advantage should be sent via email to: info@xyzadvantage.com
14. Specific Trademark Information
The words “XYZ Advantage” and all logos and slogans, individually and/or as may be combined with one another, are proprietary trademarks of XYZ Advantage and are included within the definition of “Marks.”
15. General Information
Not all features or Services discussed, referenced, provided or offered through or on the Site may available to all persons or in all geographic locations and may be limited by XYZ Advantage in its sole discretion. Unless and until you enter into a definitive order for Services, these Terms of Use constitute the entire agreement between you and XYZ Advantage with regard to the relationship between you and XYZ Advantage and shall govern all use of the Site. Your activities and use of the Site supersede any prior agreements between you and XYZ Advantage. You also may be subject to additional terms and conditions contained in XYZ Advantage Orders or invoices in connection with a purchase and/or which may apply when you use Third Party services, content or software. These Terms of Use, your use of the Site and any other agreement with and the relationship between you and XYZ Advantage shall be governed by the laws of the State of Colorado without regard to choice of law provisions. You and XYZ Advantage agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over Jefferson County, State of Colorado, regardless of the fact that the Site are accessible outside the United States. Notwithstanding the foregoing, XYZ Advantage may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of XYZ Advantage to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Site or the Terms of Use within six (6) months after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
16. Violations
Please report any violations of the Terms of Use to: https://xyzadvantage.com/contact-us/.