2. Your Account
3. Your Use of the Services
When you use the Service, you represent and agree to the following:
a. You are at least eighteen (18) years old or the age of majority in your jurisdiction;
b. You have the authority and capacity to enter into and be bound by this Agreement;
c. You will use the Services only as XTEN-AV has intended their use;
d. You will not upload or use the Services to share viruses, spyware, or any other computer code, files or programs designed to interrupt, destroy, affect, hinder or limit the functionality of the Services, any other operations of XTEN-AV, or the resources of other users of Services;
e. You will use the Services in a way that complies with all state, federal, or international laws or regulations;
f. You will not interfere with, disrupt or circumvent any security feature of the Services or any feature that restricts or implements limitations on the use of or access to the Services;
g. You will not attempt to get password, account information or other private or personal information from another user or from XTEN-AV; and
h. You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or object code for any underlying software or other intellectual property used in the Services, or to obtain any information from the Services using any method not expressly permitted by XTEN-AV.
4. Unauthorized/Illegal Usage
XTEN-AV is an independent company registered in Illinois with its principal offices in California . The information contained through the content of this Website, is provided purely for informational purposes regarding our company and its products.
The details of fees and charges for any service, membership or product are supplied to you during the ordering process or via the Website or over the telephone.
According to our Terms and Conditions, you consent to pay the agreed upon charges applicable to your selected service, as well as any applicable tax or other charges levied in the plan draft.
7. Billing and Payments
7.1 If you select a paid Services level, you may choose to subscribe and pay for the Services on either a monthly or annual basis and XTEN-AV will bill the account administrator in advance for use of the Services. Current pricing for monthly and annual paid levels are as set forth on the XTEN-AV Website, and XTEN-AV reserves the right to modify pricing at any time, provided however that XTEN-AV will notify the account administrator of a paid level account by email prior to any monthly or annual price increase affecting that account. If you upgrade to a higher paid level or tier, XTEN-AV will credit any remaining balance from your previous subscription payment to your new level or tier. You may choose to discontinue your paid level account at any time; however, XTEN-AV does not issue refunds for unused subscription periods.
7.2 You agree to maintain valid and up-to-date billing information on file with XTEN-AV. You may update this billing information at any time in your Account settings.
7.3 All payments due are in U.S. dollars unless otherwise indicated on the subscription pricing page or invoice.
- Credit Card or Debit Card. Fees for accounts where you are paying with a credit card, debit card or other non-invoice form of payment are due at the beginning of the month for which Services will be provided to you. For credit cards, or debit cards: (i) XTEN-AV will charge you for all fees when due at the beginning of each service month or year, as applicable; and (ii) these fees are considered delinquent if not received at the start of each service month or year.
- Invoices. Payments for invoices are due ten days after the invoice date, unless otherwise specified, and are considered delinquent after such date.
- Renewal. For paid levels, at the end of each annual or monthly subscription period (as applicable), the Services will automatically renew for an additional year or month, respectively. If you wish to change your subscription level or term, the account administrator must change the settings in the account administration console provided as part of the Services.
- Other Forms of Payment. XTEN-AV may enable other forms of payment by making them available in the account administration and payments page. These other forms of payment may be subject to additional terms which you may have to accept prior to using the additional forms of payment.
7.4 XTEN-AV will endeavor to notify you (or in the case of a Team account, your account administrator) if your paid account has delinquent fees. If delinquent fees are not paid, XTEN-AV will automatically downgrade your account to a free XTEN-AV account and/or suspend your use of the Services.
7.5 You are responsible for any taxes, duties, and customs fees associated with the sale of the Services (other than XTEN-AV’s income tax) (collectively “Taxes”), and you will pay XTEN-AV for the Services without any reduction for Taxes. If XTEN-AV is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide XTEN-AV with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to XTEN-AV, you must provide XTEN-AV with an official tax receipt or other appropriate documentation to support such payments.
7.6 These billing and payment terms may not apply if you are not subscribing to the Services directly from XTEN-AV.
8. Ending your relationship with XTEN-AV
8.1 The Terms and Conditions will continue to apply until terminated by either you or XTEN-AV as set out below.
8.2 If you want to terminate your legal agreement with XTEN-AV, you may do so by (a) notifying XTEN-AV at any time and (b) closing your accounts for all of the Services which you use, where XTEN-AV has made this option available to you. Your notice should be sent, in writing, to XTEN-AV’s address which is 33170 Alvarado Niles Rd #2231 Union City, CA 94587.
8.3 XTEN-AV may at any time, terminate its legal agreement with you for any of the following reasons:
(A) if you have breached any provision of the Terms and Conditions (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms and Conditions); or
(B) if XTEN-AV is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) if XTEN-AV is transitioning to no longer providing the Services to users in the area in which you are resident or from which you use the Services; or
(D) if the provision of the Services to you by XTEN-AV is, in XTEN-AV’s opinion, no longer commercially viable.
8.4 In addition, XTEN-AV may terminate its legal agreement with you, for any reason or no reason, by giving you 5 days’ written notice to the email address you provided when you registered for XTEN-AV, or if applicable, an updated email you have since provided as your registered email address with XTEN-AV. If we discontinue your access to the Services at the end of this 5 day period, our termination will be effective at the end of this period, and we will refund any prepaid, unused subscription fees for the Services as soon as practicable thereafter. Otherwise, no fees are refundable, and you may continue using the Services through the end of your subscription period, at which point our termination will become effective.
8.5 Nothing in this Section shall affect XTEN-AV’s rights regarding provision of Services under Section 4 of the Terms and Conditions.
8.6 When these Terms and Conditions come to an end, all of the legal rights, obligations and liabilities that you and XTEN-AV have benefited from, been subject to (or which have accrued over time whilst the Terms and Conditions have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms and Conditionns shall continue to apply to such rights, obligations and liabilities indefinitely.
8.7 If your XTEN-AV account is canceled, your information on our Servers may be deactivated but not deleted. We do not actively delete your profile information, for example your name and email address. Any content that you do not wish to remain on our servers after ending your relationship with XTEN-AV should be deleted by you prior to closing your account or you may submit a request to delete such information to us at email@example.com.
9. Modification to XTEN-AV Services
XTEN-AV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. XTEN-AV makes no representations with respect to the availability of the Services at any particular time. You agree that XTEN-AV shall not be liable to you or to any third party for any modification, suspension, unavailability, or discontinuance of the Services (or any part thereof).
10. XTEN-AV is not responsible and liable for any damages resulting from improper implementation onsite. It is the responsibility of system contractor to cross verify each component of the design published by XTEN-AV before implementation onsite.
You agree to indemnify and hold XTEN-AV and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from all costs, liabilities, and damages XTEN-AV incurs, including without limitation its reasonable attorneys’ fees, with respect to all claims, demands, proceedings, and actions of any kind whatsoever, made or brought by any third party due to or arising out of your use or misuse of the Services; any images, files, or content you upload while using the Services or XTEN-AV’s Website; any violation of the copyright, trademark, or other intellectual property rights of another through your use of the Services; your connection to the Services; your violation of any terms of these Terms and Conditions; or your violation of any rights of another.
12. Disclaimer of Warranties
THE XTEN-AV SERVICEs ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. XTEN-AV HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION THROUGH THE SERVICE—INCLUDING BUT NOT LIMITED TO ANY TYPOGRAPHICAL ERRORS RELATING TO A REWARD OFFER; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICE, CONTENT AND MATERIALS ON THE APPLICATION AND/OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SERVICE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU. XTEN-AV SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT XTEN-AV AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XTEN-AV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE, ITS CONTENTS, OR REWARDS, OR TO ANY BREACH OF THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT XTEN-AV IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD XTEN-AV LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES/APPLICATIONS AND SERVICES—INCLUDING BUT NOT LIMITED TO THIRD-PARTY PAYMENT PROCESSORS. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH XTEN-AV IS TO STOP USING XTEN-AV, THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14.1 Entire Agreement. These Terms and Conditions constitutes the entire agreement between you and XTEN-AV and governs your use of the Services. These Terms and Conditions supersede and replace any prior version of these Terms and Conditions between you and XTEN-AV with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other parts of the Services, affiliate services, third-party content or third-party software.
14.2 Choice of Law and Forum. You and XTEN-AV each agree that these Terms and Conditions and the relationship between the parties shall be governed by the laws of the State of Illinois without regard to conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms and Conditions, or the relationship between you and XTEN-AV, shall be brought exclusively in the courts of the State of Illinois located in Chicago, Illinois. You and XTEN-AV agree to submit to the personal jurisdiction of the courts located within Chicago, Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
14.3 Waiver and Severability. The failure of XTEN-AV to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
14.4 Section Titles. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
14.5 Relationship Between You and XTEN-AV. No relationship shall exist between you and XTEN-AV in the nature of a joint venture, common enterprise, partnership, franchise, or agency. You agree that you will not take any action, make any representation, or allow any condition to exist or continue which could imply or create an agency or other relationship between you and XTEN-AV other than the contractual relationship created under these Terms and Conditions. You use this Service solely on your own behalf, not on behalf of or for the benefit of XTEN-AV nor subject to any direction by XTEN-AV besides the enforcement of these Terms and Conditions.
Contact Us: If you have a question or issue relating to your Services or Subscription, such as wanting to change your mailing address, please email us at firstname.lastname@example.org.
Last Revised: August 1, 2019