Developer's X-ray Beta Terms and Conditions



Terms & Conditions
Welcome to Developer's X-Ray Beta Web Site ("Site"). Please review the following basic rules that govern your use. Xray.getrealconsulting.com Web site (the "Web site" or "Xray.com") is provided by Get Real Consulting and/or its affiliates and subsidiaries for your and others' personal, non-commercial use, subject to these Terms and Conditions and all changes to these terms and any policies that may be published from time to time by Get Real Consulting. By using Xray.getrealconsulting.com, you signify that you agree to these terms and conditions of use. From time to time Get Real Consulting may change these Terms and Conditions and we may do so without actual notice to you. All such changes to these Terms and Conditions will appear on Xray.getrealconsulting.com. It is your responsibility as a Xray.getrealconsulting.com user to occasionally review these policies and your continued use of Xray.getrealconsulting.com after changes are posted means that you agree and accept any and all changes. If at any time you choose not to accept these Terms and Conditions of use, please discontinue your use of Xray.getrealconsulting.com.

User responsibility and usage
Xray.getrealconsulting.com and any communication or interactive tool used by or provided by Get Real Consulting, including the capability to contribute material through any of Get Real Consulting's content submissions or contact forms, message boards and the like, is offered solely for your personal use. By using Xray.getrealconsulting.com or our services you agree to present accurate, current, truthful and full information about yourself as prompted by any of our contribution (or any other sort of) forms. If false, inaccurate, incomplete or obsolete information is provided by any user, Get Real Consulting reserves the right to terminate registration and refuse current and/or future use of Xray.getrealconsulting.com or our services. It is your responsibility as a Xray.getrealconsulting.com user to ensure that your use of Xray.getrealconsulting.com complies with these terms, conditions and notices. You must seek prior written permission from Get Real Consulting for any uses not permitted or not expressly specified herein.
In addition, all users must agree not to use Xray.getrealconsulting.com to:
1. Transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
2. Impersonate any person or entity, including but not limited to, a Get Real Consulting official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements) or that violates the property rights of others (including without limitation infringing use of a copyright or trademark) or the privacy or publicity rights of others;
4. Post or transmit any Content that contains a virus or corrupted data;
5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to a communication feature;
6. Use the communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
7. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
8. Intentionally or unintentionally violate any applicable local, state, national or international law; and
9. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
10. Delete or revise any material posted by any other person or entity.
By using Xray.getrealconsulting.com, users also agree that they will not collect or warehouse information about other Xray.getrealconsulting.com users or the information/content posted by others on Xray.getrealconsulting.com. In addition, users will not use such information for any reason inconsistent with the expressed purpose(s) of Xray.getrealconsulting.com.


Limitations of use
The content on this Web site is intended for development purposes only. Except as expressly permitted, you agree not to use the Web site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web site. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Web site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Web site.


Unsolicited content
In operating this site, Get Real Consulting does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web site or Get Real Consulting mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Get Real Consulting, will be deemed not to be confidential or secret. By submitting or sending information or other material to Get Real Consulting you represent and warrant that the information is original to you and that no other party has any rights to the material.

Intellectual property rights
All materials contained on Xray.getrealconsulting.com are the copyrighted property of Get Real Consulting and its affiliates or licensors. Get Real Consulting is the sole owner of all content on the web site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights. Except as otherwise specifically provided in these terms and conditions, you may not download or save a copy of the web site for any purpose. Copies of individual screens may be printed for your personal, non-commercial use. All title and intellectual property rights in and to the content of partners, advertisers and other linked sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws.

Privacy policy
Get Real Consulting is committed to protecting your privacy. Please visit our privacy policy for details on how your personal information is handled.

Warranties disclaimer

THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, DC MOM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. GET REAL CONSULTING DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

GET REAL CONSULTING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT GET REAL CONSULTING OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of liability
IN NO EVENT WILL GET REAL CONSULTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF GET REAL CONSULTING OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GET REAL CONSULTING LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
Upon a request by Get Real Consulting, you agree to defend, indemnify and hold Get Real Consulting, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of our web site, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any content or other materials by you or users authorized by you or any violation of these terms and conditions by you. Get Real Consulting reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Get Real Consulting in asserting any available defense.

Applicable Laws / Jurisdiction
You agree that the laws of the State of Maryland, govern these terms and conditions. Please note that your use of the Xray.getrealconsulting.com may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Get Real Consulting or relating in any way to your use of the web site resides in the courts of the Maryland, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Maryland, in connection with any such dispute and including any claim involving Get Real Consulting or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Get Real Consulting may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy contact us at Info@getrealconsulting.com.

Forums Terms of Use
In order to make our forums useful and interesting, the following guidelines have been established for comment users:
• Do not post threatening, harassing, defamatory, or libelous material.
• Do not intentionally make false or misleading statements.
• Do not offer to sell or buy any product or service.
• Do not post material that infringes copyright.
• Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
• Keep all comments relevant to the particular GM Site where the comment is being posted.
• Get Real Consulting will not accept responsibility for information posted in the Comments.
Please note that once you post a comment to one of our sites, it becomes part of the public conversation. Our policy is that we will not remove a user's comments unless we deem them to be in violation of our Terms of Service. So if you want to say something that you will later regret personally, it is advisable that you use a username that does not identify you. We cannot remove your comments simply because you have a change of heart about making them.
However, Get Real Consulting reserves the right to remove comments entirely at its discretion, including for alleged violations of terms of service or legal rights.
Get Real Consulting is not responsible for the content of user comments. If a third party complains that your comment violates our TOS or their rights, we will invite them to respond in the comments themselves. If they pursue the complaint, we will make reasonable efforts to contact you by the means you have provided us, to alert you to the situation. We will protect your contact information as described in our privacy policy, but may be compelled to turn it over pursuant to legal process.