Last Modified: June 27, 2023
Resource Exploration, Inc. (referred to as “ResourceX”, “we”, “our”, or “us”) operates each Site to provide online access to information about ResourceX, our software products and services, and other opportunities we offer.
These Terms apply to your access to, and use of the website located at http://www.resourcex.net (desktop and mobile versions) and all associated web pages, websites and corresponding social media pages, any web pages, websites and corresponding social media pages (including all content therein) that directly reference these Terms (singularly and collectively referred to as “Site” or “Sites”), provided by ResourceX, its subsidiaries, and affiliates.
We reserve the right to amend or modify these Terms at any time and for any reason without giving you prior notice. It is your responsibility to check these Terms periodically for changes. The amended or modified Terms will be effective immediately, and your continued use of our Site will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Sites. The last date these Terms were revised is set forth above, so be sure to check back for updates.
If you are a customer of ResourceX or an employee, representative or agent of a ResourceX customer, your use of ResourceX’s products and services is subject to a license or services agreement. In the event there is a conflict between these Terms and any separate agreed upon terms and conditions between you and ResourceX, such separate agreed upon terms and conditions will govern.
ResourceX reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Sites or any part thereof. Unless otherwise indicated, any future release, update, modification or other addition to functionality of the Site shall be subject to these Terms.
2. No Support or Maintenance
You acknowledge and agree that ResourceX will have no obligation to provide you with any support or maintenance in connection with the Site.
The Sites, including the text, writings, information, graphics, images, photographs, videos, illustrations and other content contained therein (singularly or collectively, the "Content”), are owned by ResourceX or our licensors and are protected under both domestic and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Sites are reserved by us or our licensors. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Sites and its Content are owned by us or our licensors. Neither these Terms (nor your access to the Sites) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 9. ResourceX and its licensors reserve all rights not granted in these Terms. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Sites for your own personal use. There are no implied licenses granted under these Terms.
4. Account Creation
In order to use certain features of the Site, you must register for an account and provide certain information about yourself for the account registration. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. ResourceX may suspend or terminate your account in accordance with Section 16.
5. Account Responsibilities
You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. ResourceX cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
If you provide us with any feedback or suggestions regarding the Sites (“Feedback”), you hereby assign to us all rights in such Feedback and agree that ResourceX shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to ResourceX any information or ideas that you consider to be confidential or proprietary.
7. User Content
“User Content” means all information and content that a User submits to, or uses with, the Site. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 9). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by ResourceX. Since you alone are responsible for your User Content, you may expose yourself to liability if your User Content violates the Acceptable Use Policy.
Each Site User is solely responsible for any and all of its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interaction with other Site Users are solely between you and such Users. You agree that ResourceX will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site User, we are under no obligation to become involved.
You hereby grant (and you represent and warrant that you have the right to grant) to ResourceX an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
9. Acceptable Use of The Sites
The following terms constitute our “Acceptable Use Policy”:
You may use the Sites, and the Content that you see, hear or otherwise experience on the Sites solely for your non-commercial, personal purposes and/or to learn about ResourceX, our products and services, and solely in compliance with these Terms. Any use of the Sites other than as specifically authorized herein, without our prior written permission, is strictly prohibited.
You agree not to use the Sites to collect, upload, transmit, display, or distribute any Content:
- That violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- That is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
- That is harmful to minors in any way;
- That is impersonating any person or entity including the ResourceX and its employees or representatives; or
- That is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to:
- Use or attempt to use another User’s account or information, share your log-in information, or otherwise allow any other person or entity to use your account, without authorization from that User and ResourceX;
- Upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- Send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- Use the Site to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent;
- Interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
- Use our Sites in any manner that, in our sole discretion, circumvents the ordinary use or operation of our Sites, products, or services, disrupts our pricing structure or ability to provide products, services or support to our customers, or directly competes with any ResourceX product or offering;
- Reverse engineer any aspect of our Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Sites;
- Develop or use any applications that interact with our Sites without our prior written consent;
- Mirror or frame the Site or any part of it on any other website or web page;
- Harass or interfere with any other User’s use and enjoyment of the Site;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Site or the Content in any way;
- Use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); or
- Use our Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
We reserve the right (but have no obligation) to screen, monitor, review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your account in accordance with Section 16, and/or reporting you to law enforcement authorities. We may include, edit or remove any Content or User Content at any time, for any reason, and without notice.
YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR ON THE SITE. YOU AGREE TO INDEMNIFY AND HOLD RESOURCEX (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) HARMLESS, INCLUDING DAMAGES AND COSTS AND ATTORNEYS’ FEES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND INDIRECT DAMAGES), FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE SITE OR THE CONTENT, YOUR USER CONTENT, OR ANY VIOLATION BY YOU OF THESE TERMS. RESOURCEX RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF RESOURCEX.
12. Third-Party Content
ResourceX may provide information about or links to third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Sites (collectively, “Third-Party Content”). We provide access to this Third-Party Content only as a convenience to you, and we do not review, approve, monitor, or endorse any Third-Party Content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. ResourceX does not control any Third-Party Content, and makes no representations or warranties regarding, any Third-Party Content, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Content. Your access to and use of such Third-Party Content is at your own risk and may be subject to additional terms, conditions, guidelines, policies, or rules, including terms of service or privacy policies of the providers of such Third-Party Content.
13. Downloadable Files
ResourceX does not guarantee or warrant that files available for downloading on or through the Site will be free of infection by software viruses, malware, ransomware, or other harmful computer code, files or programs.
14. Copyrights and Trademarks
The Site is based upon proprietary ResourceX technology and includes the Content. The Site is protected by all applicable intellectual property and other laws, including trademark and copyright laws. The Sites, including all intellectual property rights in the Sites, belongs to and is the property of ResourceX or its licensors (if any). ResourceX owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means.
The ResourceX name, logo, trademarks and service marks and other ResourceX product names logos and service names are trademarks of Resource Exploration, Inc. (the “Marks”). Without our prior written permission, you agree not to display or use in any manner the Marks. The appearance, layout, color scheme, and design of the Site are protected trade dress. Customer does not receive any right or license to use the foregoing. ResourceX may use and incorporate into the Site or our products and services any suggestions or other feedback you provide, without payment or condition.
15. DISCLAIMERS; LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
RESOURCEX AND/OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS INCLUDED IN OR AVAILABLE THROUGH THE RESOURCEX.NET WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. RESPOURCEX AND/OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE RESOURCEX.NET WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RESOURCEX.NET AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. WE DO NOT, HOWEVER, GUARANTEE THAT ANY ERRORS, INACCURACIES OR OMISSIONS WILL BE CORRECTED. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RESOURCEX AND/OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE RESOURCEX.NET WEBSITE, WITH THE DELAY OR INABILITY TO USE THE RESOURCEX.NET WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE RESOURCEX.NET WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE RESOURCEX.NET WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RESOURCEX.NET OR ANY OF ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, RESOURCEX IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF RESOURCEX AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
You agree that ResourceX may, under certain circumstances and without prior notice, immediately terminate your ResourceX Site account, and access to any of our products, and services. Cause for such termination shall include, but not be limited to (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you or the appropriate ResourceX customer, (d) discontinuance or material modification to any Site, product, or service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Site, products, or services.
Termination of your ResourceX account and access to any our products or services includes (a) removal of access to all offerings within the specific Site, or product, or service (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the respective Site, product, or service. Further, you agree that all terminations for cause shall be made in ResourceX’s sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site, product, or service.
17. Suspected Violation/s; Injunctive, and Equitable Relief
Violations of these Terms, including unauthorized use of the Site or any of our products, or services may be investigated, and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in ResourceX's sole discretion, and without prior notice, ResourceX may limit, suspend, or terminate and block your access to the Site or to any of our products, and services, cancel your registrations, refuse to honor pending and future purchases ResourceX believes may be associated with you, cancel a registration associated with any person acting or believed to be acting in concert with you, remove any unauthorized Content or exercise any other remedy available, if we believe that your conduct or the conduct of any person with whom ResourceX believes you act in concert, or the User Content you provide, violates or is inconsistent with these Terms or the law, or violates the rights of ResourceX, a customer of ResourceX or another User of the Site, product, or service.
You agree that monetary damages may not provide a sufficient remedy to ResourceX for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.
18. Electronic Communications
The communications between you and ResourceX use electronic means, whether you use the Site or send us emails, or whether ResourceX posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from ResourceX in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ResourceX provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
19. Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms by you will not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms are cumulative, and the exercise of any such right or remedy will not limit our right to exercise any other right or remedy.
20. Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the Sites. The word “including” means “including without limitation.” These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ResourceX’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ResourceX may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
21. Enforcement; Choice of Law; Choice of Forum