ALEXAVIOR 
TERMS OF USE

Last Revised: Augaust 26, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

Welcome to this website (this “Site”), which is owned and operated by AleXavior Studios, an AZ individual (“AleXavior Domains and More”).  These Terms of Use (these “Terms of Use”) set forth the terms and conditions of your use of this Site and the products and services (individually and collectively, the “Services”) found at this Site.

Whether you are simply browsing this Site or are a AleXavior Domains and More customer, your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use, along with the following policies and agreements, which are incorporated herein by reference:

 

 

The terms “we”, “us” or “our” shall refer to AleXavior Domains and More.  The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services found at this Site.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

AleXavior Domains and More, in its sole and absolute discretion, may change or modify these Terms of Use, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.  You acknowledge and agree that (i) AleXavior Domains and More may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of these Terms of Use as last revised.  If you do not agree to be bound by these Terms of Use as last revised, do not use (or continue to use) this Site or the Services found at this Site.  

2. ELIGIBILITY; AUTHORITY

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.  By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity.  If, after your agreement to these Terms of Use, AleXavior Domains and More finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Use. AleXavior Domains and More shall not be liable for any loss or damage resulting from AleXavior Domains and More’s reliance on any instruction, notice, document or communication reasonably believed by AleXavior Domains and More to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, AleXavior Domains and More reserves the right (but undertakes no duty) to require additional authentication from you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts.  In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to AleXavior Domains and More that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.  If AleXavior Domains and More has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, AleXavior Domains and More reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.  You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN.  For security purposes, AleXavior Domains and More recommends that you change your password and shopper PIN at least once every six (6) months for each Account you have with AleXavior Domains and More.  You must notify AleXavior Domains and More immediately of any breach of security or unauthorized use of your Account. AleXavior Domains and More will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss AleXavior Domains and More or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad.  If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.  By visiting this Site and communicating electronically with us, you consent to such transfers.

4. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  1. Your use of this Site and the Services found at this Site, including any content you submit, will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.  
  3. You will not use this Site or the Services found at this Site in a manner (as determined by AleXavior Domains and More in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages terrorism, violence against people, animals, or property;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;  
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding AleXavior Domains and More or AleXavior Domains and More’s Services.
  4. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by AleXavior Domains and More.
  5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  6. You will not access AleXavior Domains and More Content (as defined below) or User Content through any technology or means other than through this Site itself, or as AleXavior Domains and More may designate.
  7. You agree to back-up all of your User Content so that you can access and use it when needed. AleXavior Domains and More does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  8. You will not use this Site or the Services found at this Site, including any of AleXavior Domains and More’s related technologies, for any commercial use without AleXavior Domains and More’s express prior written consent.

AleXavior Domains and More reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

5. YOUR USE OF ALEXAVIOR DOMAINS AND MORE CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of AleXavior Domains and More Content and User Content posted to AleXavior Domains and More’s corporate websites (i.e., those sites which AleXavior Domains and More directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

AleXavior Domains and More Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“AleXavior Domains and More Content”), are owned by or licensed to AleXavior Domains and More in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. AleXavior Domains and More Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of AleXavior Domains and More. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. AleXavior Domains and More reserves all rights not expressly granted in and to the AleXavior Domains and More Content, this Site and the Services found at this Site, and these Terms of Use do not transfer ownership of any of these rights.

User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).  By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to AleXavior Domains and More that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any AleXavior Domains and More Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the AleXavior Domains and More Content or the User Content therein.

6. ALEXAVIOR DOMAINS AND MORE'S USE OF USER CONTENT

The provisions in this Section 6 apply specifically to AleXavior Domains and More’s use of User Content posted to AleXavior Domains and More’s corporate websites (i.e., those sites which AleXavior Domains and More directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Generally.  You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions.  You acknowledge and agree that:

  1. Your User Submissions are entirely voluntary.
  2. Your User Submissions do not establish a confidential relationship or obligate AleXavior Domains and More to treat your User Submissions as confidential or secret.
  3. AleXavior Domains and More has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
  4. AleXavior Domains and More may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

AleXavior Domains and More shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions)

If you have a website hosted by AleXavior Domains and More or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.

However, if you post or publish your User Content to this Site, you authorize AleXavior Domains and More to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and these Terms of Use.  Accordingly, you hereby grant AleXavior Domains and More a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and AleXavior Domains and More’s (and AleXavior Domains and More’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under these Terms of Use. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that AleXavior Domains and More may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.  Notwithstanding anything to the contrary contained herein, AleXavior Domains and More shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or AleXavior Domains and More’s (or AleXavior Domains and More’s affiliates’) business(es). 

7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

AleXavior Domains and More generally does not pre-screen User Content (whether posted to a website hosted by AleXavior Domains and More or posted to this Site).  However, AleXavior Domains and More reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Use. AleXavior Domains and More may remove any item of User Content (whether posted to a website hosted by AleXavior Domains and More or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Use, or for otherwise violating these Terms of Use (as determined by AleXavior Domains and More in its sole and absolute discretion), at any time and without prior notice. AleXavior Domains and More may also terminate a User’s access to this Site or the Services found at this Site if AleXavior Domains and More has reason to believe the User is a repeat offender.  If AleXavior Domains and More terminates your access to this Site or the Services found at this Site, AleXavior Domains and More may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

8. ADDITIONAL RESERVATION OF RIGHTS

AleXavior Domains and More expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by AleXavior Domains and More in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by AleXavior Domains and More in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of AleXavior Domains and More, its officers, directors, employees and agents, as well as AleXavior Domains and More’s affiliates.

AleXavior Domains and More expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

9. NO SPAM; LIQUIDATED DAMAGES

You acknowledge you have read, understand and agree to be bound by AleXavior Domains and More’s Anti-Spam Policy referenced above and available here.  You agree AleXavior Domains and More may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay AleXavior Domains and More liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

10. TRADEMARK AND/OR COPYRIGHT CLAIMS

AleXavior Domains and More supports the protection of intellectual property.  If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to AleXavior Domains and More’s Trademark and/or Copyright Infringement Policy referenced above and available here.

11. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by AleXavior Domains and More. AleXavior Domains and More assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, AleXavior Domains and More does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release AleXavior Domains and More from any and all liability arising from your use of any third-party website. Accordingly, AleXavior Domains and More encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. ALEXAVIOR DOMAINS AND MORE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALEXAVIOR DOMAINS AND MORE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND ALEXAVIOR DOMAINS AND MORE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ALEXAVIOR DOMAINS AND MORE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL ALEXAVIOR DOMAINS AND MORE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ALEXAVIOR DOMAINS AND MORE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ALEXAVIOR DOMAINS AND MORE’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

14. INDEMNITY

You agree to protect, defend, indemnify and hold harmless AleXavior Domains and More and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by AleXavior Domains and More directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.  The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

15. SUCCESSORS AND ASSIGNS

These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

16. NO THIRD-PARTY BENEFICIARIES

Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

17. U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”).  Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws.  None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws.  By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations).  If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws.  If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site.  The obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

18. COMPLIANCE WITH LOCAL LAWS

AleXavior Domains and More makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations. 

19. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, these Terms of Use shall be governed by and construed in accordance with the federal law of the United States and the state law of Arizona, whichever is applicable, without regard to conflict of laws principles.  You agree that any action relating to or arising out of these Terms of Use shall be brought in the state or federal courts of Maricopa County, Arizona, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Maricopa County, Arizona.  You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms of Use.

20. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of these Terms of Use are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in these Terms of Use shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

 

21. STUDIO PROJECTS AND RENTALS

The Client understands and agrees that he/she is purchasing a non-replenishable commodity. Therefore, fees rendered for expended studio time is non-refundable. The Client is solely responsible for preparatory work and quality of all materials, resources, performances, and personnel under Audio Proction Formats. Fees rendered for the Full Production reduced production rate packages are non-refundable for completed projects. Fees for Full Production Packages are non-transferable to other projects. Extended production cost for Full Production packages will be absorbed by AleXavior Studios at our discretion and are not garranteed. AleXavior Studios reserves the right to end all Full Production projects once the contracted time listed above has expired. No fees paid for studio time expended for any format is refundable. Should the Full Production project be canceled at any time after the Full Production project has started the time expended is billed at the full hourly rate indicated for Audio Production work.

No Show Policy

-Failure to keep appointment will result in loss of deposit.
-Failure to make appointment within the first 1/2 hour of the reserved recording block will be considered a no show and will result in loss of deposit.

Rescheduling & Cancellations
-Rescheduled time block requests should he received 24hrs (one calendar day) prior to the reserved time block.
Rescheduled time blocks not received at least 24hrs in advance may result to scheduling difficulties that will preserve previously scheduled time blocks.
-Cancellations must be received 48 hours (two calendar days) prior to reserved time block. Cancellations not received at least 49 hours in advance
will result in 50% loss of deposit. No cancellations will be accepted on the calendar day of the reserved time block. Failure to submit cancellations before the reserved calendar day will result in loss of deposit.

Disclosure
-All Creative Material disclosed during this transaction shall be maintained for monitoring and distributive purposes in accordance with this and other
binding agreements. We reserve all rights to musical works provided by us unless otherwise agreed upon.

No material is ever exempt from monitoring by legal officials during contract or infringement disputes

NOTICE: All Session data must be moved to your CD-RW within 10 business days of your completed session or it will be permanently deleted. Therefore you must furnish your CD-RW or purchase a CD-RW from AleXavior Studios , at the rates listed above, plus archiving fee to preserve session data.

Videography

The client must sign an Event Video Recording contract before services are rendered. A $200.00 non-refundable retainer is required to secure date. If the Event is cancelled or the date is changed, the retainer is forfeited. An additional $100.00 non-refundable retainer will be required to secure a new Event date.  If the retainer is paid by check and the check is returned, the contract is void and the date is no longer secured.  It is the sole responsibility of the client to secure permission of the church, synagogue or other officials to film the ceremony. The deposit is non-refundable if such officials prevent filming.  AleXavior Studios will take utmost care to produce a tape of good quality. However, we will not be held responsible for circumstances beyond our control, including but not limited to power failure, equipment malfunction, and defective tape stock or client misuse of equipment. If filming is prevented due to such occurrences, all money paid will be refunded. AleXavior Studios makes no guarantees, either expressed or implied, in regard to aesthetic qualities of the completed video. AleXavior Studios recommends all clients to purchase adequate Event insurance to cover such instances.   AleXavior Studios reserves the right to terminate contract for any reason at any time. Should AleXavior Studios terminate the contract, all monies paid will be refunded. All audio and video footage is the copyrighted property of LpMedia, Inc. AleXavior Studios reserves the right to use any and/or all footage for promotional purposes. The video is strictly produced for the client’s private use only.  Any duplication or broadcast (including internet use) without written consent of AleXavior Studios is strictly prohibited. Clients assume all liability for any form of copyright infringement. It is the client’s sole responsibility to inform AleXavior Studios of any specific needs or changes in events. In addition to mileage, a travel charge of $25.00 will be assessed when Event related events occur further than 15 miles from each other. By this contract between the client(s), and LpMedia, Inc, the video maker, it is mutually agreed that the video maker shall supply the services and goods specified in this agreement, and that the client shall pay the price agreed above.  A non-refundable reservation fee of $200.00 is payable at the time of booking. The balance is due before the final delivery.

You may expect AleXavior Studios to provide a high quality, well-presented video film of your Event , filmed in the style and manner as indicated in the examples of their work that you have been invited to view.  Any individual aspects or particular requests with regard to your video should be made prior to you signing this contract. In any event liability on the part of AleXavior Studios will be limited to a return of all monies paid

 

 

22. WEBMASTER & WEBMASTER PLUS

Important Note: This service is billed through an automated draft only.   On demand services are available the normal WebMaster maintenance service.

With WebMaster PLUS we’ll handle all your website maintenance and send you a detailed Report each month.

Service  includes:

  • Site Backups
    • To help support your Website's Health and Security, we’ll create file and database backups that we can quickly restore in case of a glitch or data breech.*
  • Updates –
    • Security updates, software updates**
  • Password Maintenance
    • For the best security your passwords will regularly be updated. We will then supply you with the updated password list.
  • 10 page updates per month***
  • 5 User Account changes per month***

* Contractually you are still responsible for you hosted Web Site security and you agree to hold harmless AleXavior Studios and its associates in the event of a major infiltration resulting in extended website downtime and or loss of business.

** Does NOT include fees for license renewals or upgrades.  

*** The number of Page Updates and User Account Changes will NOT carry over.  This service includes a maximum of 10 page updates with your content per month with your supplied content.  Additional pages must be ordered through the Website Maintenance page.  Does NOT include new page additions.  For major website overhaul should be discussed with your service manager.

 

23. ALEXAVIOR FUNDING PROMOTIONS

 

The following Terms and Conditions are inclusive of the AleXavior Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).  By using and/or accessing the Site Offerings, Users agree to comply with and be bound by the Agreement in its entirety.  PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY.  IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.

 

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER.  THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

 

Please be advised that Company does not itself provide small business loans, equipment financing and/or other loan-related products and/or services, and the ultimate terms and conditions of any small business loans, equipment financing and/or other loan-related products and/or services made available via the Contact Services will be determined by the applicable Third Party Loan Service Providers.  Company does not originate or make loans nor make any credit decisions in connection with loans, nor does Company issue loan commitments or lock-in agreements.  Company is not your agent or the agent of any Third Party Loan Service Provider. Company provides only administrative and marketplace services, by matching business entities, who are prospective borrowers, with Third Party Loan Service Providers who may be willing to provide them with small business loans, equipment financing and/or other loan-related products and/or services. You should always check with your financial advisors to be sure that any small business loans, equipment financing and/or other loan-related products and/or services offered by Third Party Loan Service Providers are appropriate for you.

 

Reliance on any information made available to you by and through the Site Offerings, including the Content, is solely at your own risk.  Company disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Site Offerings.

 

Instagram® and Facebook® are registered trademarks of Facebook, Inc. (“Facebook”).  LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”).  Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”).  Twitter® is a registered trademark of Twitter, Inc. (“Twitter”).  Please be advised that Company is not in any way affiliated with Facebook, LinkedIn, Pinterest or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.

 

  1. Scope; Modification of Agreement.The Agreement constitutes the entire and only agreement between Users and Company with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same.Company may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification.  The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings.  By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).    

 

  1. Requirements; Termination of Access to the Site Offerings.The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law and are acting in their capacity as duly authorized representatives of a valid business entity (“Entity”). The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) and/or if the User is not acting in her/his capacity as a duly authorized representative of a valid Entity.If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), if that User is unable to enter into legally binding contracts under applicable law, and/or if that User is not in acting in her/his capacity as a duly authorized representative of a valid Entity, that User does not have permission to access or use the Site Offerings.

 

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings.  Company does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer.  Company does not guarantee that the Site Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; or (d) in all geographical areas.  Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device.  You are fully responsible for all such charges and Company has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

 

  1. Contact Services; Third Party Loan Service Providers.Where a User attempts to utilize the Contact Services, that User may be required to submit, and Company may collect, some or all of the following information: (a) the User’s e-mail address; (b) the User’s full name; (c) the User’s telephone number; (d) the User’s e-mail address; (e) the name of the Entity; (f) the number of years that the Entity has been operating; (g) the amount of the loan requested; (h) the intended use of the loan proceeds; (i) your personal FICO score; and (j) any other information collected via the Contact Services Form (collectively, “Contact Data”).Upon entering Contact Data and clicking on the applicable submission button on the Site: (i) Company may pass your Contact Data along to one (1) or more of its Third Party Loan Service Providers; and/or (ii) you may be contacted by Company and/or one (1) or more of its Third Party Loan Service Providers regarding your request.  Where Company contacts you in connection with your submission of Contact Data, a Company representative may request additional information over the telephone and via a separate application (collectively, “Follow-Up Data,” and together with the Contact Data, the “User Data”).

 

Each User agrees to provide true, accurate, current and complete User Data.  Company’s use of User Data shall be governed by the Privacy Policy.  For a copy of the Privacy Policy, please go to premiercapitalfund.com/privacy-policy

 

Please be advised that Company does not itself provide any underlying small business loans, equipment financing and/or other loan-related products and/or services, and the ultimate terms and conditions of any such products and/or services will be determined by the applicable Third Party Loan Service Provider(s).  You understand and agree that Company shall not be liable to you or any third party for any products and/or services offered by any Third Party Loan Service Provider.

24. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us by email or regular mail at the following address:

AleXavior Domains and More Legal Department
14455 North Hayden Rd.
Suite 219
Scottsdale, AZ 85260
This email address is being protected from spambots. You need JavaScript enabled to view it. 


Revised: 10/24/2012
Copyright © 2010-2012 All Rights Reserved.