Terms of Service

About This Terms of Service

The Xplorex IT Terms of Service (TOS) consists of these terms, the Xplorex IT Privacy Policy, and any supplemental terms provided to you for any of the products, services, software, websites, and other goods and services offered, owned, or operated by Xplorex IT, LLC. (collectively “Services”). It is a contract in electronic form between you (“you,” “your,” and “yourself”) and Xplorex IT, LLC. and its parents, successors, subsidiaries, affiliates, and family of brands (“Xplorex IT,” “we,” “us,” and “our”).

By using the Services or registering with us, you are agreeing to the TOS and may use our Services as long as you comply with the TOS.

 NOTICE OF ARBITRATION AGREEMENT 
THIS TOS CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
All disputes between you and Xplorex IT will be resolved by binding arbitration. You thus give up your right to litigate disputes with us in court (except for matters that may be taken to small claims court). Disputes will be decided by a neutral arbitrator and not a judge or jury.
You are entitled to a fair hearing, but arbitration procedures are simpler and more limited than court proceedings.  Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
Registering a Username and Keeping Your Account Active
You will need a username to use some Services. A username is a unique identifier selected or supplied by you or provided by us and is used to identify you on our Services.To register a username and create an account, you must be at least 13 years of age unless the Service expressly indicates otherwise. You must give us true and accurate information about yourself and keep that information up to date.
You may be able to use an e-mail address or other online identifier provided to you by someone other than us as a username. You are responsible for maintaining security and control over any e-mail address or online identifier provided to us as a username. If you fail to maintain security or control over such an e-mail address or other online identifier, you are responsible for any consequences and may lose access to your personal information and any data stored on our Services. Also, we are not responsible for the release or loss of any information that is identified with that address or identifier.
Your username and account may be terminated if you do not sign on to a Service with your username at least once every 90 days. If you are registered for fee-based or term-specific Services, we will not terminate your username or account unless they are subject to being terminated for some other reason. In addition, an individual Service may require you to sign in and use the Service periodically to remain active on that Service. If you fail to remain active on a specific Service, we may deactivate your access and use of that Service.
After we terminate or deactivate your account for inactivity or any other reason, we have no obligation to retain, store, or provide you with any data, information, e-mail, or other content that you uploaded, stored, transferred, sent, mailed, received, forwarded, posted or otherwise provide to us (collectively “posted” or “post”) on the Services and may allow another user to register and use the username. We also have no obligation to remove any public data, content, or other information that you posted on a Service or to reactivate your account.
Using Our Services
To use our Services, you must:
  1. Comply with applicable laws and regulations and not participate in, facilitate, or further 
    illegal activities; 
  2. Immediately notify us if you learn of a security breach or other illegal activity on the 
    Services; 
  3. Protect your username or the password; 
  4. Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;
  5. Not engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
  6. Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; and
  7. Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.

To prevent violations and enforce this TOS and remediate any violations, we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you.

You are responsible for obtaining at your own expense all equipment and services needed to access our Services. If you are accessing our Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations.

If you elect to store authentication information, such as a username and password, where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our services. If you lose a device, such as a laptop, desktop, or smartphone, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself.

Our Services

When providing you with our Services, we may display advertising within them and you agree to accept the advertising on whatever devices, including a wireless phone, you are using to access our Services.

We may, in our sole discretion, change any aspect of a Service or discontinue a Service without notice.

The Services are based globally. You may use them only if they comply with the laws of the country from which you are accessing our Services.

Posting Content on Our Services

You can post content to a Service only if (a) you created and own the rights to the content or you have the owner’s express permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this TOS, or any other posted policies. We can remove content for any reason.

You are responsible for any content you post to our Services and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICES.
You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. You may not post content containing advertisements or other commercial solicitations without our prior permission.

Except as otherwise provided in this TOS, you or the owner of any content that you post to our Services retain ownership of all rights, title, and interests in that content. However, by posting content on a Service, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).

When you use a Service that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.

Copyright and trademark owners can report alleged violations by following the instructions for reporting claims of copyright and trademark infringement.

Using Our Content and Trademarks

Some content on our Services is created and supplied by us or by a vendor, and we or our vendor own all rights, title, and interests in that content and in any compilation, collective work or derivative work created by us using or incorporating this content.

The Services and the content provided on the Services are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.

You may be given the opportunity to download certain content. You may do so only to the extent authorized for that particular content. You may not use the content in a manner that exceeds the rights granted for your use of the content nor may you copy or distribute the content or create a derivative work unless you are authorized to do so.

The content provided on the Services, including content posted by users, is for general information and discussion purposes only. We make no representations or guarantees about any aspect of the content on the Services and do not endorse any opinions expressed by any users. ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.

You should not use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features without permission.

Use of any RSS feeds provided by Xplorex IT is subject to these terms of use. If you choose to use an Xplorex IT RSS feed, you are only permitted to display the content that is provided in the feed, without modification, and with attribution to the source Xplorex IT website, and you must link to the full article on the source Xplorex IT web site. You may not incorporate advertising into any Xplorex IT RSS feed. You may not remove our attribution or links back, or otherwise modify our feed content. Xplorex IT reserves the right to discontinue any RSS feeds at any time and to require anyone to cease use of an Xplorex IT RSS feed at any time for any reason.

Fee-Based Services and Billing

We may offer fee-based Services. Our provision of those fee-based Services will be governed by the terms you agree to when you register for the fee-based Service and any terms in this TOS not inconsistent with those terms.If you register for a fee-based Service, you must designate a payment method and provide us with accurate billing and payment information. All billing information, including payment method, must be kept up to date.
We will bill you for all fee-based Services through the payment method that is associated with any of your fee-based Services. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us.

We may charge for fee-based Services in advance and on a daily, monthly, yearly, lump sum, or other basis. We may, in our sole discretion, post charges to your payment method individually or aggregate charges for some or all of your fee-based Services with us.
Every time you use a fee-based Service, you reaffirm that (a) we are authorized to charge your designated payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be responsible for such charges, even if your account is cancelled by you or terminated by us.

Surcharges apply if you use certain payment methods, such as payment from your checking or savings account, or telephone bill. Any trial promotion for a fee-based Service must be used within the specified time of the trial. You must cancel it before the end of the trial period to avoid being charged a subscription fee. However, even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using the service. We reserve the right to limit you to one free trial or promotion of a fee-based Service and to prohibit the combining of free trials, promotions, and other offers.

All charges are non-refundable unless provided otherwise in the terms you agree to when you register for a fee-based Service.

We, in our sole discretion, may change or discontinue any or all aspects of a fee-based Service without notice, including access to support services, content and other products or services ancillary to the fee-based Service.We may change our fees and billing methods at any time. If you disagree with any proposed change, your sole remedy is to cancel your fee-based Service before the price change takes effect. Your continued use of or subscription to the Service after the price change takes effect constitutes your agreement to pay the new price for the Service. We will not refund any charges if you choose to cancel your account for this reason.

You are responsible for all charges incurred under the service, including applicable taxes, fees, surcharges, and purchases made by you or anyone behalf of you (including your children, family, friends, or any other person with implied, actual, or apparent authority).

Disclaimer of Warranties and Limitations on Remedies and Liability

WE SUPPLY OUR SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGMENT.

YOUR ONLY REMEDY FOR ANY DEFECTIVE SOFTWARE IS REPLACEMENT OF THE SOFTWARE. IN ANY OTHER DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL ANY FEE-BASED SERVICES. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-MONTH PERIOD.

WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, XPLOREX IT’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.

How to Resolve a Dispute with Us

We offer the following process to help you resolve a complaint or dispute that you may have with us. Please read this section carefully.
You can email us at info@xplorexit.com, can help you resolve many of your concerns.  If our customer support team is unable to resolve your complaint, you agree to take the following steps to resolve any dispute you may have with us.
Step 1. Notice of Legal Dispute
You must first try to resolve any formal complaint or dispute with us through our Notice of Legal Dispute process. You begin by submitting a “Notice of Legal Dispute” by U.S. Mail to:
Xplorex IT, LLC.Attention: Notice of Legal Dispute
8 The Green
Suite #5754
Dover, DE 19901
U.S.A
A “Notice of Legal Dispute” is a written form in which you provide your name, address, contact information, the facts regarding your Dispute, and the relief you are requesting from us.
You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Legal Dispute is received by a party. After sixty (60) days, you or we may initiate arbitration as described below.
You agree that the term “Dispute” in this TOS will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us concerning the Services (including their price) or this TOS, whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 60 days from when we received your Notice of Legal Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we may also have the right to bring an individual action before a small claims court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us.
The Federal Arbitration Act applies to this TOS. By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes (except small claims) in court before a judge or jury. Instead, a neutral arbitrator will resolve all Disputes. To read more about arbitration, visit www.adr.org.
Claims or Disputes must be filed within one year. 
To the extent permitted by law, any claim or Dispute under this TOS must be filed within one year in small claims court, an arbitration proceeding or in court, as applicable. The one-year period begins on the date when a Notice of Legal Dispute is filed with us.  You agree you are permanently barred to bring a claim for your Dispute if you do not file your claim within one year.
General Legal Terms
This TOS along with any supplemental terms for some Services constitutes the whole legal agreement between you and Xplorex IT and replaces any prior agreements between you and Xplorex IT. We may modify this TOS from time to time. If you do not agree to the changes, stop using our Services (and remember to cancel any fee-based services) before the changes take effect. Your continued use of or subscription to a Service after the effective date of any changes means that you agree to the changes.
If a court of law finds that any provision of this TOS is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us.
When you sign up for Services and provide us with your telephone number or mobile phone number, you agree that we may contact you from time-to-time about the Services.
We may use the phone number that you provide to us when you open your account, when you add a telephone number to your account information, when you provide it to one of our employees or customer support, or by contacting us from your number. We will not share your phone number with non-affiliated third parties for their purposes without your consent, but we may share your phone number with our service providers, such as billing or collection companies, who may contact you.
The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.
Last Updated
March 01, 2017.