Xisti.com is committed to providing a high level
of service and integrity to our members, visitors and partners. Our
Privacy Policy is designed to advise you of how and why we collect,
use and safeguard information about visitors and members and to assist
you in making informed decisions when using our site, products and services.
This policy applies to properties of Xisti Incorporated including the
web site, Xisti.com, hereinafter referred to as the "Xisti site", the
"web site" or the "site". Access to the site is available only to members
who agree to abide by the Xisti Terms of Service, who can form a legal
contract under applicable law. Minors may use the site only in conjunction
with a parent, legal guardian or other responsible adult.
Information We Collect
- Information you provide
You provide us with certain information upon registering at Xisti.com,
including your name and current e-mail address. You may also provide
additional information by setting up a personal profile. Other members
may view the information in your personal profile. In addition, any
correspondence with us via e-mail may be retained together with the
content of our responses. This information is deemed confidential
and will not be disclosed to outside parties.
- Web Site Use
We do not collect information about our visitors from other sources,
such as public records or bodies, or private organizations. Our Web
site server logs collect information about how our site is used. This
information may include the date and time of visits, pages views,
time spent on the site and other information. This information is
used on an aggregate basis to provide data to management and affiliates.
It may also be used for:
- Technical administration
of the Web site
- Research and development
- Customer administration
- Marketing
All our employees and data processors, which
have access to, and are associated with the processing of personal
data, are obliged to respect the confidentiality of our visitors'
personal data.
Why We Collect Information About Members
We collect information about members to administer
our business activity, provide customer service, to develop new products
and/or services, and for making available other products and services
to our customers and prospective customers. We may also use this information
to notify you about changes in our Web site, new services and special
offers. Your information, including e-mail address is maintained under
standards designed to protect the privacy of our customers.
Sharing Information with Affiliates & Strategic
Partners
You may notice, from time to time, offers from
outside companies advertised on our Web site. We make every effort to
select product and/or service providers that are reputable; however
we cannot make any representations about the practices and policies
of these companies
We may enter into alliances or partnerships with
third parities that may wish to direct mailings to our members. While
we will not release your information to such third parties, we may permit
them to send information to you via the Xisti Newsletter.
Notice of Service and Changes
We may use the information you have provided
to notify you about important changes to our Web site, new services
and special offers we think you will find valuable.
We do not disclose your information to outside
parities, but may provide the aggregate information about our members,
Web site traffic patterns and related information to our affiliates
or reputable third parties, but this information will not include personally
identifying data.
Disclosure of Information when Legally Compelled
We may disclose information when legally compelled
to do so or when required by law for the protection of our legal rights.
We are not responsible for the practices employed by Web sites linked
to or from the Xisti.com site, nor for the information or content contained
in them.
The Xisti.com Web Site contains links and pointers
to other World Wide Web Internet sites, affiliates, resources, advertisers,
and other entities. Such links and pointers by Xisti.com to sites maintained
by third parties do not constitute an endorsement, guaranty, or warranty
by Xisti.com, or any of its affiliates, of any third party or their
content, nor the existence of a partnership, joint venture, agency,
or other relationship between Xisti.com, or any of its affiliates, and
any linked third party or their content.
Please remember that when you use a link to go
from our Web site to another Web site, our Privacy Policy is no longer
in effect. Your interaction on any other Web site, including those that
have links on our Web site, is subject to that Web site's own rules
and policies.
Xisti.com Makes No Warranties Regarding Site
Use
Xisti.com makes no warranty, express or implied,
with respect to the content, information, or services provided through,
or in conjunction with, the Xisti.com Web Site. Xisti.com makes no guarantee
of the accuracy, correctness or completeness of any information on the
Xisti.com Web Site, and shall not be responsible for: any errors of
omission arising from the use of such information; for any failures,
delays or interruptions in the delivery of any content or service contained
within the Xisti.com Web Site; or any defamatory, libelous or unlawful
material contained within the Xisti.com Web Site, including user Web
pages, resumes, emails, profiles, opinions, advice, statements, memorandums
or discussion board postings, or materials related to users' use of
the Xisti.com Web Site's chat features. You acknowledge that any reliance
upon any such opinion, advice, statement, memorandum, or information
shall be at your sole risk. You acknowledge that neither Xisti.com nor
its members, while such members are participating in Xisti.com, are
engaged in rendering legal, medical, counseling, or other professional
services or advice. Xisti.com encourages you to seek appropriate professional
advice for any situation or problem that you may have. Xisti.com reserves
the right, in its sole discretion, to correct any errors or omissions
in any portion of the Xisti.com Web Site.
Use of the Xisti.com web site is at your own
risk. The Xisti.com web site, including all content, software, functions,
services, materials, and/or information made available on or accessed
through the Xisti.com website, are provided "as is," without warranty
of any kind. In no event shall Xisti.com be liable for any direct, indirect,
incidental, special or consequential damages arising out of or in any
way connected with the use of the Xisti.com web site or with the delay
or inability to use same, or with hypertext or graphic links to third
parties, or for any breach of security associated with the transmission
of sensitive information through the xisti.com web site or any linked
site, or for any information, products, and services obtained through
the xisti.com web site, or otherwise arising out of the use of same.
Public Forums
The Xisti.com site makes public forms and other
services available to members. All members are expected to comply with
certain standards of behavior as follows:
- Membership is open to men and women without
regard to race, creed, color or national origin. Members are expected
to respect the rights and opinions of other members.
- Xisti members are required to comply with
accepted Internet standards. This means that you will not abuse, defame,
harass, stalk, threaten or otherwise infringe on the rights of any
other member.
- You agree that you will not publish, post,
upload, distribute or disseminate any inappropriate or defamatory
material or information. You may not post anything of a libelous nature.
- You agree that you will not publish or upload
files containing software or other materials protected by proprietary
regulations. You also will not upload files or material that contain
viruses, corrupted files or any other similar software or programs
that may damage the operation of another person's computer.
- You agree that you will not conduct or forward
surveys, contests, pyramid schemes or chain letters.
- You own your words. This means that you are
responsible for all material posted at Xisti. By posting such information,
you give Xisti permission to publish, but retain all legal rights
to such material. You also warrant that you are the original author
and are not violating the copyrights of another. You may quote the
work of another author, provided the work is quoted exactly as published
and the name of the author is stated.
- You agree that you will not harvest or otherwise
collect information about other users, including e-mail addresses,
without their consent.
- You agree that you will not restrict or inhibit
any other user, and will not violate any code of conduct or other
guidelines of the Xisti community.
- You agree that you have not used the name
or identity of any other person in applying for membership, that any
alias you may have used was only for purposes of personal privacy
and not to cause harm to any other person. You understand that Xisti
will not sell or otherwise make your personal information available
to any other entity.
- We do not allow unauthorized commercial activity.
Communication between members is encouraged, but posting or transmitting
unauthorized or unsolicited advertising, promotional materials or
any other forms of solicitation to other users is prohibited. Inquiries
regarding a commercial relationship with Xisti.com should be directed
to: xystus@xisti.com
Your Consent
By using our Web site you consent to our collection
and use of your personal information as described in this Privacy Policy.
If we change our privacy policies and procedures, we will attempt to
post those changes on our Web site to keep you aware of what information
we collect, how we use it, and under what circumstances we may disclose
it. By using our Web site, you agree that Xisti.com may immediately,
without prior notice, issue a warning, temporarily suspend, indefinitely
suspend, or terminate your use and refuse to provide the access to or
use of the Xisti.com Web site at Xisti.com's sole discretion, for any
reason, whether with or without cause. You also acknowledge that Xisti.com
may in its sole discretion add, delete, or change some or the entire
Xisti.com site at any time.
Further, you expressly agree that use of Xisti.com
is at your sole risk. Xisti.com is provided on an "as is" and "as available"
basis. Xisti.com expressly disclaims all warranties of any kind, express
or implied, including without limitation any warranty of merchantability,
fitness for a particular purpose, or non-infringement.
By using our Web site you agree that any controversy
or claim arising out of or relating to this Privacy Policy shall be
settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis and shall not be
consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in St. Paul, Minnesota,
and judgment on the arbitration award may be entered into in any state
or federal court in Minnesota having jurisdiction thereof. Any party
seeking temporary or preliminary injunctive relief may do so in any
state or federal court in Minnesota having jurisdiction thereof. By
using the Xisti.com Web site you consent to personal jurisdiction and
venue in the state and federal courts in Minnesota with respect to all
disputes.
