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Terms of Use

Important End User Terms of Use

Use of XE.COM INC.'s ("XE") currency data is offered to you upon your acceptance of these End User Terms of Use. By using this currency data, you indicate your acknowledgment and agreement to these End User Terms of Use. If you do not agree to be bound by and comply with all of the provisions of these End User Terms of Use, you may not access or use XE's currency data, information, services or website.

We suggest you print and retain a copy of these End User Terms of Use for your records.

XE has the right, at its sole discretion, to modify, add or remove any terms or conditions of these End User Terms of Use without notice or liability to you. Any changes to these End User Terms of Use are effective immediately following the posting of such changes on the XE website. The most recent version of these End User Terms of Use may be found at:

http://www.xe.com/legal/dfs.htm

You agree to review these End User Terms of Use from time to time and agree that any subsequent use by you of the currency data or website following changes to these End User Terms of Use constitutes your acceptance of all such changes.

You may not reproduce, copy, modify, distribute, market, display, transfer, sublicense, assign, prepare derivate work(s) or adaptation(s) based on, sell, exchange, barter or transfer, rent, lease, loan, resell or in any other manner exploit the currency data or information provided to you by or through XE.

You may not disassemble, translate, reverse engineer or otherwise decompile the currency data.

You acknowledge that XE owns all right, title and interest including but not limited to all copyrights, in and to the currency data being provided to you. You further acknowledge that you will not take any action inconsistent with such ownership. XE does not grant you any ownership rights in or to any of the currency data being provided.

In the event that you misuse the currency data in violation of these End User Terms of Use, XE will have the option of electing liquidated damages, which will include all profits generated by your use of the currency data, plus interest computed at the maximum rate permitted by law, all legal fees and other expenses incurred by XE in enforcing its rights and penalties.

YOU ACKNOWLEDGE THAT XE OBTAINS ITS CURRENCY DATA FROM A VARIETY OF SOURCES. YOU FURTHER ACKNOWLEDGE THAT CURRENCY DATA IS COMPLEX AND SUBJECT TO RAPID CHANGE AND OFTEN DIFFERS BETWEEN FINANCIAL INSTITUTIONS AND BETWEEN GEOGRAPHIC JURISDICTIONS AND ACCORDINGLY MAY VARY FROM THAT PROVIDED BY XE. ALTHOUGH XE HAS USED COMMERCIALLY REASONABLE EFFORTS TO OBTAIN THE MOST ACCURATE AND TIMELY CURRENCY DATA AVAILABLE FROM THE AFOREMENTIONED SOURCES, XE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO ACCURACY, AUTHENTICITY, TIMELINESS, RELIABILITY, APPROPRIATENESS, CORRECT SEQUENCING OR COMPLETENESS OF THE CURRENCY DATA.

ALL INFORMATION PROVIDED BY XE IS ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. XE WILL NOT BE RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE OR ANY COMBINATION THEREOF INCLUDING ANY INJURY OR DAMAGE TO YOUR OR ANY OTHER PERSON\'S COMPUTER AS A RESULT OF USING THE CURRENCY DATA OR XE\'S WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION MADE AVAILABLE BY XE WILL BE ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL XE, ANY OF ITS AFFILIATES NOR ANY OF ITS DATA PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OR THE PERFORMANCE OF THIS INFORMATION, EVEN IF XE OR DATA PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend and hold XE and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this currency data or breach of these End User Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, the exercise of which does not excuse your indemnity obligations.

XE, XE.COM, UNIVERSAL CURRENCY CONVERTER, the spinning 'X' and currency logos, and other identifying marks of XE Corporation are and shall remain the trade-marks and trade names and exclusive property of XE Corporation, and any unauthorized use of these marks is unlawful. All rights are reserved.

If any provision of these End User Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision will be enforced to the maximum extent permitted by law, and the remaining provisions of these End User Terms of Use will continue in full force and effect. No waiver of any provision of these End User Terms of Use will be deemed a further or continuing waiver of such provision or any other provision of these End User Terms of Use.

You agree that these End User Terms of Use and other notices posted on XE's website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents governs.

These End User Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Toronto, Ontario, Canada.

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