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Terms of Use

Effective Date: May 20, 2020

Welcome to www.wikixm.com. wikixm.com is a local news platform that enables users and reporters to read, share, create and publish news about their towns. wikixm.com, LLC (“we,” “us,” “our”) owns and operates the website.

The Terms of Use is a legal agreement that explains the terms and conditions that users (“you,” “your”) must comply with when using the website. By using the website, you, as the user, agree to abide by all of the terms and conditions of the ToU.

This ToU incorporates our Privacy Policy found at.

Whenever applicable, this ToU also incorporates the Terms of Service found at. The ToS is a separate agreement that governs users who publish a news report on the website (“reporters”).

PLEASE READ THIS AGREEMENT CAREFULLY because it affects your rights and liabilities under the law. By using or accessing the website, you confirm that you have read and agreed to be bound by this ToU. If you do not agree with this ToU, you cannot use or access the website.

  • 1. YOUR ACCOUNT
    • 1.1. A “user” is any user who is using or accessing the website.
    • 1.2. As a user, you may need to Create an Account to access some parts of the website.
    • 1.3. In consideration of your use of the website, you will:
      • 1.3.1. Provide true, accurate, current and complete information about yourself as prompted by the website's registration or subscription page (such information being the “account data”), and
      • 1.3.2. Maintain and promptly update the account data to keep it true, accurate, current and complete.
    • 1.4. You are entirely responsible for the security and confidentiality of your password and account. You will not share your account data or your user name and password with any third party or permit any third party to login to the website using your account data. Furthermore, you are entirely responsible for any and all activities that occur under your account. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the services and website.
    • 1.5. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
    • 1.6. The website may also include a tool that allows you to sign in or register using information from your accounts in third party services, such as Facebook, Twitter, Google, Yahoo, or LinkedIn. These third party services are not related to the website, and your use of such third-party services is subject to the terms and policies of those services.
    • 1.7 For more information on how we collect, store, use, and share your account data, please check our Privacy Policy.
  • 2. WEBSITE ACCESS
    • 2.1. We grant you limited, revocable, non-exclusive, non-transferable personal, non-commercial access and use of the website and its content, but not to modify all or any portion of the website and its content.
    • 2.2. The access and use granted does not include any resale or commercial use of the website or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
    • 2.3. The website and/or any portion of the website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.
    • 2.4. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
  • 3. SUBSCRIPTION
    • 3.1. From time to time, and at our sole discretion, there may be certain content available via subscription (“subscription”), and you will be alerted when any such charges apply if you have not already subscribed or agreed to the charges.
    • 3.2. A “subscriber” is a user who agreed to receive notifications from us and/or who uses the website on a paid subscription model.
  • 4. ONGOING SUBSCRIPTION AND CANCELLATION
    • 4.1. If you have subscribed, your subscription will continue in effect after your initial subscription term, unless and until you cancel your subscription or account, or subscription is otherwise suspended or discontinued. You must cancel your subscription before it renews in order to avoid any additional charges. We will bill the subscription period amount plus any applicable fees or taxes.
  • 5. OUR CONTENT
    • 5.1. Except for user content as defined in section 8 below, all of the content featured or displayed on the website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“our content”), are owned by us, our licensors, vendors, agents and/or our content providers. All elements of the website, including without limitation the general design and our content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
    • 5.2. The website, our content and all related rights shall remain our exclusive property or of our licensors unless otherwise expressly agreed.
    • 5.3. You will not remove any copyright, trademark or other proprietary notices from material found on the website.
    • 5.4. Except as may be otherwise indicated in specific documents within the website or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our website for personal, informational, and noncommercial purposes only.
    • 5.5. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website.
  • 6. TRADEMARKS / NO ENDORSEMENT
    • 6.1. All of our trademarks, service marks and trade names used herein (including but not limited to: the WikiXM name, WikiXM corporate logo, the website name, the website design, and any logos) (collectively “marks”) are our trademarks or registered trademarks or of our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without our prior written consent. The use of our trademarks on any other site or network computer environment is not allowed. We prohibit the use of our trademarks as a “hot” link on or to any other site the unless establishment of such a link is approved in advance by us. You shall not use our name or any language, pictures or symbols which could, in our judgment, imply our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
  • 7. CONTENT FEEDS
    • 7.1. License Grant. We offer or may offer content feeds, consisting of a selection of headlines, summaries, text blurbs, and links to full stories, which are delivered using really simple syndication ("RSS") technology, other XML (extensible markup language) technology, or other syndication technology ("content feed(s)"). Subject to this ToU, and to the extent that we elect to offer content feeds(s), we grant you a revocable, non-transferable, non-sublicensable, royalty-free, nonexclusive license to display the content feeds on your personal site or blog ("user site").
    • 7.2. For purposes of this ToU, "content feed(s)" includes our content included therein, or any portion thereof. The foregoing license expressly excludes content from the website not included in the content feed(s); by way of example only, if the content feed(s) include only the headline and first paragraph of a story on the website, the foregoing license does not give you the right to display the entire story on your user site.
    • 7.3. Reservation of Rights. Except as expressly set forth in 7.1, and/or unless otherwise we consented to in writing, you may not, directly or indirectly: (a) sell, modify, translate, download, copy, publish, transmit, distribute or otherwise disseminate the content feed(s); (b) delete or fail to display any promotional taglines included in the content feed(s); or (c) rent, lease, or otherwise transfer rights to any content feeds.
    • 7.4. Further Restrictions; No Modification. Unless otherwise consented to by us in writing, you will:
      • 7.4.1 Display the content feed on your user site in the exact form received by you, and not modify or edit it.
      • 7.4.1 Ensure that the fundamental meaning of the content feed is not changed or distorted.
      • 7.4.1 Comply with all applicable laws and all limitations and restrictions we placed on the use, display or distribution of any content feed.
    • 7.5. You will not:
      • 7.5.1 Archive any content feeds for access by users at any future date after the content feed has been removed from your user site.
      • 7.5.2 Display the name, logo, trademark or other identifier of another person on your user site in such a manner as to give the viewer the impression that such other person is our publisher or distributor.
      • 7.5.3 Remove, conceal or obliterate any copyright or other proprietary notice or any credit-line, date-line or other mark or source identifier included on the content feed(s), including without limitation, the size, color, location or style of our marks.
      • 7.5.4 Make any representation or warranty on our behalf.
      • 7.5.5 Incorporate any content feeds on any site containing nudity or pornographic material, that displays material that exploits children, that promotes or provides instructional information about illegal activities or physical harm or injury against any group or individual, or that uses the website in any manner that is obscene, defamatory, libelous, invasive of personal privacy or misleading.
      • 7.5.6 Display the content feed in a manner that does not allow for successful linking and redirection to, and delivery of, our website page.
      • 7.5.7 Frame any website page, or
      • 7.5.8 Fail to stipulate that the content feed is supplied by the website and is protected by copyright and owned by us.
    • 7.6. Warranty. If you use the content feed, you warrant that your user fite does not infringe the intellectual property of any third parties. You further warrant that your user site does not violate any applicable law.
  • 8. USER CONTENT
    • 8.1. Users of the website may be able, as dictated by the functionality of the website, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on the website ("user content").
    • 8.2. You shall be solely responsible for your own user content and the consequences of posting or publishing them. The website merely acts as a passive conduit for your online distribution and publication of user content.
    • 8.3. Without limiting any of our rights in law and equity, we reserve the right to remove any user content for any reason in our sole discretion, including any user content that we believe may violate this ToU, the ToS, or any copyright or third-party rights.
    • 8.4. By submitting or otherwise making available any user content to the website, you automatically grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of the website (collectively, "use"), in any type of media or in any form now known or later developed, without any payment to you. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way the website uses such content. You also grant us and the website the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication you provide, submit, or otherwise make available to the website or to us for any purpose whatsoever, including, without limitation, commercial purposes. By submitting user content, you automatically warrant and represent to us that you are the owner of all intellectual property rights in and to the user content or that you otherwise have all sufficient rights to grant the license above.
    • 8.5. By submitting user content, you further warrant and represent that the user content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
    • 8.6. User content does not represent our views or any individual associated with us, and we do not control user content. In no event shall you represent or suggest, directly or indirectly, our endorsement of user content. We do not vouch for the accuracy or credibility of any user content on our website and do not take any responsibility or assume any liability for any actions you may take as a result of reading user content on our website.
    • 8.7. Right to Takedown Content. Users shall remain solely responsible for their user content and we shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the website at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of this ToU access to the website. If you wish to remove your user content from the website, please send us an email to info@wikixm.com. We will remove your user content within 10 business days of receiving your request. However, we may retain copies of your user content, not accessible to the public, on our backup servers even after you request removal.
    • 8.8. Advertising Rights. We reserve the right to sell, license, and/or display any advertising, attribution, links, promotional, and/or distribution rights in connection with user content. We and our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this ToU obligates or may be deemed to obligate us to sell, license, or offer to sell or license any advertising, promotion or distribution rights.
  • 9. ONLINE CONDUCT
    • 9.1. We encourage a free and open exchange of ideas in a climate of mutual respect. Any action by a user that infringes on another user's right to use and enjoy the website is prohibited. We reserve the right but do not assume any obligation, to monitor your online conduct to enforce this ToU.
    • 9.2. Specifically, you may not do (or attempt to do) any of the following:
      • 9.2.1. Provide any information that is false, misleading or inaccurate.
      • 9.2.2. Use any portion of the website for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
      • 9.2.3. Use any portion of the website for uploading, posting, emailing, transmitting or otherwise making available user content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
      • 9.2.4. Use any portion of the website for uploading, posting, emailing, transmitting or otherwise making available user content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
      • 9.2.5. Use any portion of the website for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
      • 9.2.6. Interfere with any other person's use of or the proper functioning of the website.
      • 9.2.7. Misrepresent your identity or impersonate any person.
      • 9.2.8. Hold yourself out as sponsored by, endorsed by, or affiliated with us or the website.
      • 9.2.9. Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us or the website in connection with the website.
      • 9.2.10. Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the website, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.
  • 10. FRAMING AND LINKING TO THE WEBSITE
    • 10.1. Running or displaying the website or any information or material displayed on the website in frames or through similar means on another web site without our prior written permission is prohibited.
    • 10.2. We grant you a nonexclusive right to display at your user site any link that would permit any user to go from your user site to our website. You obtain no rights other than the right to link to our website. Further, we do not guarantee, approve, or endorse the information or products available on your user site.
    • 10.3. You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to us. You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with us. You warrant that your user Site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from us, you shall promptly remove the links.
  • 11. THIRD PARTY LINKS
    • 11.1. From time to time, the website may contain links to sites that we and our affiliates do not own, operate nor control. All such links are provided solely for your convenience. If you use these links, you will leave the website. Neither we nor any of our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that you may obtain from using any other site. If you decide to access any other site linked to or from this website, you do so entirely at your own risk.
  • 12. TRANSACTIONAL PARTNERS
    • 12.1. In some cases, we partner with another company to co-promote their services within our website. In these cases, you are transacting directly with the other party. On those pages, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, you are bound by partner terms of use in addition to remaining bound by this ToU. When there is a conflict between this ToU and the partner’s terms of service, this ToU will prevail.
  • 13. CONTACT US
    • 13.1. We attempt to ensure that information on the website is complete, accurate and current. Despite our efforts, the information on the website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the website.
    • 13.2. Through your use of the website, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using our website, you assume all associated risks.
  • 14. ACCESS AND INTERFERENCE
    • 14.1. You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission.
    • 14.2. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, (b) interfere or attempt to interfere with the proper working of the site or any activities conducted on the website or (c) bypass any measures we may use to prevent or restrict access to the website.
  • 15. REPRESENTATIONS AND WARRANTIES
    • 15.1. In agreeing with this ToU, you represent and warrant that you are at least 18 years of age or otherwise capable of entering into and performing legal agreements.
  • 16. DISCLAIMERS
    • 16.1. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED By LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
    • 16.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • 17. LIMITATIONS OF LIABILITY
    • 17.1. We do not assume any responsibility or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the website, or your downloading of any information or materials from this website. IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
    • 17.2. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (THE US $25.00) OR (B) THE VALUE OF YOUR SUBSCRIPTION OR PURCHASE MADE ON THE WEBSITE.
  • 18. INDEMNITY
    • 18.1. You agree to defend, indemnify and hold us and any of our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the website or the internet or your placement or transmission of any message or information on this website by you or your authorized users, (b) your violation of any term of this ToU, including without limitation, your breach of any of the representations and warranties above, (c) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (d) your violation of any law, rule or regulation of the United States or any other country, (e) any claim or damages that arise as a result of any user content that you provide to us or (f) any other party’s access and use of the website with your unique username, password or other appropriate security code.
  • 19. RELEASE
    • 19.1. In the event that you have a dispute with one or more other users of the website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  • 20. COMMUNICATIONS
    • 20.1. We reserve the right to send electronic mail to you for the purpose of informing you of changes or additions to the website or this agreement.
    • 20.2. Except as disclosed in our privacy policy, we will not monitor, edit, or disclose the contents of a user's e-mail, unless required in the course of normal maintenance of the website and its systems, or unless required to do so by law or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with legal process served on us or the website, (b) protect and defend Our rights or property of, the website, or the users of the website or (c) act in an emergency to protect the personal safety of our guests, the website, or the public.
  • 21. PRIVACY
    • 21.1. Data collection and use, including data collection and use of personally identifiable information are governed by our privacy policy which is incorporated into and is a part of this ToU.
  • 22. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
    • 22.1. In operating the website, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to the third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the website. We have placed certain legally mandated procedures regarding allegations of copyright infringement occurring on the website. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on our rights or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this ToU.
    • 22.2. If you believe any material available via the website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is [name], [address], [contact number], [email address].
    • 22.3 Please provide the following notice:
      • 22.3.1. Identify the copyrighted work or other intellectual property that you claim has been infringed.
      • 22.3.2. Identify the material on the website that you claim is infringing, with enough detail so that we may locate it on the website.
      • 22.3.3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
      • 22.3.4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
      • 22.3.5. Your address, telephone number, and email address.
      • 22.3.6. And your physical or electronic signature.
    • 22.4. We may give notice to our users of any infringement notice by means of a general notice on our website, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
      • 22.4.1. Your physical or electronic signature;
      • 22.4.2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
      • 22.4.3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
      • 22.4.4. And your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
  • 23. DISPUTE RESOLUTION AND ARBITRATION
    • 23.1. ou and we agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to this ToU, The website, any subscription to the website or any other aspect of our relationship (“subject legal claim”).
    • 23.2. In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by email to us at info@wikixm.com. If we should need to discuss an issue with you, we will contact you using the email or mailing address on your account.
    • 23.3. If we do not reach an agreed-upon solution after our discussions for at least 30 days, you and we agree that any subject legal claim that either of us may have must be resolved through binding individual arbitration in [Location] before the American arbitration association using its consumer arbitration rules. There are two limited exceptions to this dispute resolution and arbitration provision: (a) either party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (b) either party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.
    • 23.4. To help resolve any issues between us promptly and directly, you and we agree to begin any arbitration within one year after a subject legal claim arises; otherwise, the subject legal claim is waived.
    • 23.5. You and us also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in the state of Washington.
    • 23.6. You and we agree that this dispute resolution and arbitration provision is subject to, and will be governed and enforced under, the federal arbitration act.
    • 23.7. You may download a form notice to initiate arbitration at www.adr.org. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's consumer rules. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. In any action to enforce this ToU, the prevailing party will be entitled to costs and attorneys' fees.
  • 24. TERMINATION
    • 24.1. You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination.
    • 24.2. We may also block your access to our website in the event that (a) you breach this ToU; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
  • 25. FORCE MAJEURE
    • 25.1. Neither you nor we shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
  • 26. REVISIONS
    • 26.1. This ToU is subject to our revision from time to time and your continued use of the website means you agree to, without qualification, the revised ToU.
    • 26.2. If you are a registered subscriber of the website, you will be notified of material revisions to this ToU via an e-mail message to the e-mail address that you provided at registration or that you have since updated.
    • 26.3. If you are not a registered subscriber of the website, then you can review revisions to this ToU by regularly checking this page.
    • 26.4. Material revisions to this ToU will be indicated by an updated effective date at the top left corner of this page and by a notice posted on the homepage of the website.
    • 26.5. Whether or not you are a registered subscriber of the website, it is your responsibility to remain apprised of any revisions to this ToU and to remain in compliance therewith.
    • 26.6. Should you object to any such revisions to this ToU or become dissatisfied with the website in any way, your only recourse is to immediately terminate your membership or discontinue use of the website. otherwise, continuing to use, visit, access or use the website after the effective date means that you agree to be bound by any and all revisions.
  • 27. GENERAL
    • 27.1. Jurisdiction and Choice of Law. Any claim relating to, and the use of, this website and the materials contained herein is governed by the laws of the state of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in Washington.
    • 27.2. Entire Agreement. This ToU is the entire agreement between you and us and supersedes any prior understandings or agreements (written or oral).
    • 27.3. A printed version of this ToU will be admissible in judicial and administrative proceedings based upon or relating to this ToU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    • 27.4. Severability. If any provision of this ToU is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
    • 27.5. Assignment. You agree that this ToU and all incorporated agreements may be automatically assigned by us in our sole discretion. You cannot assign this ToU without our written consent.
    • 27.6. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
    • 27.7. No waiver. Our failure to act with respect to your or other's breach does not waive our right to act with respect to subsequent or similar breaches.
    • 27.8. Survival. Sections 2 (website access), 14 (access and interference), 19 (release), 17 (LIMITATIONS OF LIABILITY), and 18 (indemnity) shall survive any termination or expiration of this ToU.
  • 28. CONTACT US
    • 28.1. If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, please contact us through WikiXM LLC, 14205 SE 36th St, Suite 100, Bellevue, WA. 98006, United States or email us at info@wikixm.com
    • 28.2. We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the website (“feedback”). You may submit feedback by emailing us at info@wikixm.com. You acknowledge and agree that if you submit any feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto a hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the feedback for any purpose.
  • 29. COPYRIGHT NOTICE
    • 29.1. All website design, graphics, text selections, arrangements, and all software are of copyright © 2020, WikiXM LLC or its licensors. ALL RIGHTS RESERVED
  • 30. NOTICE FOR CALIFORNIA USERS
    • 30.1. Under California civil code section 1789.3, California users are entitled to the following specific consumer rights notice: current rates for the service are at [insert link to rate page.] You may contact us at 14205 SE 36th St, Suite 100, Bellevue, WA. 98006, United States or email us at info@wikixm.com. The complaint assistance unit of the division of consumer services of the California department of consumer affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.