Xendee (pronounced zen-dee) is focused on delivering on-demand cloud computing services to the power engineering community in order to meet the needs of an energy optimized future and an interconnected community of electrical engineers. Our goal is to help electrical engineers manage their personal brand, collaborate with peers, and easily design, and analyze electrical power systems.
Terms You are Bound By
The content of the pages of this website is for your general information and use only. Xendee is for your individual use, solely for internal use by you for your business, or for your own personal use. Some areas of our site or service may require you to register with us. When and if you register, you agree to (1) provide accurate, current, and complete information about yourself and (2) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, incomplete or inaccurate, we reserve the right to terminate your use of Xendee.
You agree and understand that you are solely and entirely responsible for maintaining the confidentiality of your username and password and solely and entirely responsible for any and all activities that are conducted through your account.
To be eligible to use Xendee or any of our services, you represent and warrant that you are not currently restricted from having a Xendee account, and that you are not a competitor of Xendee or that you are not using our services for reasons that are or can be in competition with us. You also represent and warrant that you will only maintain one Xendee account and profile at any given time and that you have full power and authority to enter into this Agreement and by doing so you will not violate any other agreement to which you are a party to; you will not violate any rights of Xendee, including our intellectual property rights such as copyright or trademark rights.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from Xendee without our prior written consent. You may not disassemble, decompile or otherwise reverse engineer all or any portion of our website, content or services. You acknowledge that Xendee, including the power system modeler, equipment catalogs, and website content, is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export Xendee and any of our web services or content, directly or indirectly, to any countries that are subject to U.S. export restrictions.
Links To Other Websites
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information, services, data, reports and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information, services or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
WE PROVIDE THE PLATFORM FOR XENDEE AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN XENDEE OR ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY XENDEE OR ANYTHING RELATED TO XENDEE, YOU MAY CLOSE YOUR XENDEE ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
XENDEE NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE WEBSITE OR SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. XENDEE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. XENDEE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. XENDEE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, XENDEE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE XENDEE SITE AND SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
A failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of that right or any other right or remedy. A waiver of a breach of this Agreement does not constitute a waiver of any other breach of this Agreement. The rights and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.
California state law governs the interpretation of this Agreement and applies to claims for breach of it, regardless of conflict of laws principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in San Diego County, California, USA for all disputes arising out of or relating to this Agreement.
You and we agree that to the extent permitted by law, any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof will be settled by arbitration to be held at a location within fifteen (15) miles of the COMPANY’s principle executive offices in San Diego, California in accordance with the American Arbitration Association Rules. The arbitrator may grant injunctions or other relief in such dispute or controversy. The arbitrator will apply California law to the merits of any dispute or claim, without reference to rules of conflict of law and the decision of the arbitrator will be final, conclusive and binding on the parties to the arbitrations. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Xendee or our services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our website or services or any content or other material used or displayed through our website and services.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Xendee Corporation for any third party that assumes our rights and obligations under this Agreement.
This Agreement constitutes the entire agreement between you and us and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Please send us your questions via the contact form.