Terms Of Use

Welcome to Xgos.com and thank you for reviewing our Terms of Use. These Terms of Use apply to your use of this web site and services (the "Site") owned and operated by Xgos.com (collectively, "Xgos," or "we," "us," or "our").

Agreement
By accessing, using, browsing, or buying on this Site you agree that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws, rules and regulations.

Eligibility
We offer our Site and its services only to people who and parties that may lawfully enter into and form contracts under applicable law. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site.

These Terms of Use may be revised from time to time. If we revise these Terms of Use, we will post the revised version on the Site. The revisions will be effective immediately. Please re-read these Terms of Use in the future from time to time for changes. By using this Site after we have changed the Terms of Use you will be deemed to have accepted the changes. If, for any reason, you do not agree to abide by our Terms of Use, please do not use the Site.

Further, we may change our Site at any time to add or remove features, services or auctions in our sole discretion, and without liability to any user.

Site Integrity
You are prohibited from using any mechanism, device, software, script or routine to affect the proper functioning of the Site or any service taking place on the Site.

You may not take any action that places an unreasonable burden or excessive load on our system(s). You agree not to infect our Site with any computer programming routine (e.g., any virus, worm, time bomb, cancelbot or trojan horse) that may damage, interfere with, delay, intercept or expropriate any system, data or personal information.

In order to ensure that we can provide high quality services to all our users, we reserve the right to investigate potential abuses of these Terms of Use and, where we deem it appropriate, we may contact law enforcement officials to investigate. We will not disclose the existence or occurrence of an investigation unless required by law.

We reserve the right, in our sole and absolute discretion, to suspend or terminate your right to access our Site if we learn that you have provided us with false or misleading information, interfered with other users or the administration of our services, or violated, or attempted to violate these Terms of Use.

Links
These Terms of Use do not apply to your use of unaffiliated sites to which our Site only links.

We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site, except as otherwise expressly stated on another site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

Other sites may link to this web site only through a plain-text link. Permission must be granted by us for any other type of link to this web site. To seek our permission, you may write to:

Xgos.com
703 Edwards Avenue.
Milton, ON
L9T 6B4
CANADA
Attention: General Counsel

Warranties, Limitation of Liability and Indemnity
We may modify or discontinue the Site or any of the services or features of the Site, including specific auctions, with or without notice, without liability to you, any other user or any third party for any reason. You understand and agree that the Site and its services are provided on an "AS IS" and "AS AVAILABLE" basis. Xgos.com assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user communications.

You understand and expressly agree that:
(1) use of the site and its services is solely at your risk,
(2) any material purchased and/or data downloaded or otherwise obtained through the use of Xgos web site is at your own discretion and risk and
(3) you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XGOS.COM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY PROPERTY OR INFORMATION OFFERED ON THE SITE OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION:
(i) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(ii) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR OPERATE WITHOUT ERROR;
(iii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
(iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF XGOS.COM.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XGOS.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XGOS.COM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE INABILITY TO USE THE SITE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE.

You agree to indemnify, defend and hold harmless Xgos.com, and any of its affiliates or related entities and the officers, directors, employees, consultants and agents of each of them from any and all third party claims, liability, damages and/or costs, including, but not limited to, attorneys fees, arising from your use of our services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of Xgos.com's successors, assigns and licensees.

Limited License and Ownership
Xgos.com grants a limited license to each user of this Site to make personal use only of the Site. This license expressly excludes, without limitation, any resale or commercial use of the Site, the collection and use of any participant information, listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Site for any use other than viewing the property for purposes of considering a bid.

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Xgos.com. As between you and Xgos.com, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Xgos.com.

Applicable Law
The Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario, CANADA, without giving effect to its conflict of laws provisions or your actual province or country of residence and by using this Site you consent to the exclusive jurisdiction of the courts of CANADA.