This Agreement, known as the Terms and Conditions of Use, is intended to provide you with information regarding the terms and conditions that apply to your use of the Services provided by Xcalibur, Inc. (“Xcalibur”). This includes the Xcalibur websites, online products, and services such as SCRIBE and Xcalibur Evaluation.
When we refer to “Websites” in this Agreement, we are including the Xcalibur.com website, the XcaliburSCRIBE.com website, and any other websites or pages associated with these domains, as well as any devices, applications, or services operated by Xcalibur. The term “Website” refers to a specific website, web application, or page within the xcalibur.com or xcaliburscribe.com domains.
By accepting this Agreement electronically (such as by clicking “I Agree”), accessing, or using the Services, you are agreeing to be bound by the terms and conditions outlined in this Agreement, as well as Xcalibur’s Privacy Policy. Please note that this Agreement and the Xcalibur Privacy Policy may be modified in the future (refer to the Changes to Terms of Use section below). If you do not agree to the terms of this Agreement, you are not permitted to use the Services.
Accepting the Terms
By accessing and utilizing the information, tools, features, and applications provided by Xcalibur, including content, updates, and new releases, you are agreeing to comply with this Agreement. This applies to both Visitors (individuals who browse our websites) and Customers (individuals associated with an Xcalibur client who has contracted our Services). The terms “You” or “User” refer to both Visitors and Customers. Customers are required to accept this Agreement in order to use any of our Services.
If you are not legally authorized to accept and abide by the terms and conditions of this Agreement, you are prohibited from using any of our Services and cannot accept this Agreement.
Intellectual Property Rights
The websites xcalibur.com and xcaliburscribe.com contain valuable intellectual property owned by Xcalibur, which is protected by copyright laws in the United States and internationally. Any unauthorized reproduction or distribution of the content, whether in its entirety or in part, without the explicit written consent of Xcalibur, may lead to severe legal consequences, including civil and criminal penalties. Xcalibur products are protected by copyright and are the exclusive property of Xcalibur.
Links to Third Party Websites
Any links to external websites provided on these Websites are for convenience only and do not constitute an endorsement. Xcalibur is not responsible for the privacy policies of these external websites.
Electronic Communications
By visiting our Websites or sending us emails, you are engaging in electronic communication with us. By doing so, you give your consent to receive electronic communications from us. We will communicate with you through email or by posting notices on our Website. You agree that any agreements, notices, disclosures, and other communications we provide to you electronically fulfill any legal requirement that such communications be in writing.
Login and Passwords
By accessing the Websites and Services, you agree to only view publicly available web pages or log in using the authentication method provided by us. You are not permitted to access customer or business information that you are not authorized to obtain. It is your responsibility to safeguard and keep confidential any passwords or authorization methods provided by us. If you allow someone else to use your passwords or authorization methods, you accept liability for any transactions they make, even if you did not authorize them to do so. After completing your session, you agree to log off from your account to exit the Website.
If you discover any unauthorized use of your account information for any Website or Service, you must immediately notify Xcalibur at xcert@xcalibur.com.
If you suspect that your account information or the device you use to access the Websites or Services has been lost, stolen, or used without your permission, it is crucial to inform Xcalibur promptly to minimize potential losses.
Indemnification
You agree to protect, indemnify, and hold Xcalibur, its officers, directors, employees, and agents harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney’s fees) arising from the following: (i) your access to and use of the Websites or Services, (ii) your violation of any term in these Terms of Use, or (iii) your infringement upon any third party rights, including but not limited to copyright, property, or privacy rights. This obligation to defend and indemnify will continue to be in effect even after the termination of these Terms of Use and your use of the Websites or Services.
Disclaimer Regarding Accuracy of Information
Xcalibur provides a warranty that it verifies, displays, or releases information as provided by our clients under this Agreement. However, XCALIBUR DOES NOT GUARANTEE OR WARRANT THE COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION IN ITS DATABASE. Xcalibur explicitly disclaims any express or implied warranties of merchantability or fitness for a particular purpose. Xcalibur also disclaims any responsibility or liability for errors or omissions in the information provided by clients. This includes any direct, indirect, incidental, special, or consequential damages that may result from the use of the information provided by the client and verified or released by Xcalibur under this Agreement.
Access and Interference
You agree not to:
Use any automated data gathering or extraction tools, such as robots, spiders, scrapers, or deep links, without Xcalibur’s express written consent, which may be withheld at Xcalibur’s discretion;
Use any device or mechanism, including browsers, spiders, robots, avatars, or intelligent agents, to navigate or search the Websites or Services, except for search engines and search agents provided through the Websites and Services, or generally available third-party web browsers like Google Chrome;
Post or transmit any files containing viruses, worms, Trojan horses, or any other harmful features that may interfere with the proper functioning of the Websites or Services;
Attempt to decipher, decompile, disassemble, or reverse-engineer any software used in the Websites or Services, unless prohibited by law;
Attempt to gain unauthorized access to any part of the Websites or Services;
Interfere with security-related features of the Websites or Services, or features that prevent or restrict the use or copying of any content accessible through the Websites or Services, or delete copyright and proprietary rights notices on the Services.
Disclaimer of Representations and Warranties and Limitations of Liability
The Websites, Services, information, data, features, and all content and products associated with the Services are provided to you on an “as-is” and “as available” basis. Xcalibur, its affiliates, and its third-party providers, licensors, distributors, or suppliers (collectively, “Suppliers”) make no representations or warranties of any kind, express or implied, regarding the content or operation of the Websites or Services. Your use of the Services is at your sole risk.
Neither Xcalibur nor its Suppliers make any representations, warranties, or guarantees, express or implied, regarding the accuracy, reliability, or completeness of the content on the Websites or Services. They expressly disclaim any warranties of non-infringement, merchantability, or fitness for a particular purpose. Xcalibur does not make any warranties or representations about the accuracy or completeness of the Websites’ content or the content of any linked sites. Xcalibur assumes no liability or responsibility for any errors, mistakes, or inaccuracies in the content, personal injury or property damage resulting from your access to and use of the Websites, unauthorized access to or use of secure servers and personal/financial information, interruption or cessation of transmission, bugs, viruses, or other harmful elements transmitted by third parties, or any errors or omissions in any content or for any loss or damage incurred as a result of using any content posted or made available via the Websites.
The Websites may be temporarily unavailable at times for maintenance or other reasons, and we assume no responsibility for any errors, interruptions, deletions, defects, delays, communications line failures, theft, destruction, or unauthorized access or alteration of communications or content on the Websites. Xcalibur is not responsible for any problems or technical malfunctions related to telephone networks, computer systems, servers, equipment, software, or other failures due to technical problems or internet traffic congestion, including injury or damage to users or their computers resulting from participating or downloading materials in connection with the Websites.
Governing Law
Virginia law and federal law govern the Terms and Conditions, including the Agreement and Arbitration Agreement. Such laws govern without regard to principles of conflicts of law. We are located in Virginia, and by using the Websites and/or Services, you have agreed to be subject to Virginia law.
Changes to Terms of Use
Xcalibur has the right to make changes or terminate the Websites or Services at any time, with or without notice. By continuing to use the Websites or Services after being notified of any changes, you agree to the modified terms. Xcalibur may update this Agreement periodically and will inform you of any changes through electronic means such as email or posting on the Websites. It is your responsibility to review the Terms of Use regularly to stay informed about any modifications.
Contact Us
If you have any questions or concerns regarding this Data Privacy Policy, please contact us using the contact information provided below.
Email: info@xcalibur.com
Mailing Address:
Xcalibur, Inc.
11890 Sunrise Valley Drive, Suite 100
Reston, VA 20191