TERMS AND AGREEMENT FOR PRODUCTS AND SERVICES FOR XOCBOX SYSTEMS AND WEBSITES
xocbox (Alexandra De Rosa Design Inc) provides Websites, Website Design, & Products and Services for organizing and managing data in your website and ecommerce store.
The following are the terms and conditions for use of the xocbox (Alexandra De Rosa Design Inc) Products and Services.
By using xocbox (Alexandra De Rosa Design Inc) Products and Services, either trial products, or purchased, you accept these terms and conditions.
Acknowledgements
Subject to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
The Products and Services provided to you by xocbox (Alexandra De Rosa Design Inc) will be subject to set up fees, and a monthly subscription fee, as set out in your agreement.
xocbox Products (including Websites), Services, and Support
The Products and Services are provided subject to this Agreement, as it may be amended by xocbox (Alexandra De Rosa Design Inc), and any guidelines, rules or operating policies that xocbox (Alexandra De Rosa Design Inc) may establish and post from time to time (the “Agreement”).
By posting updated versions of the Agreement, or by otherwise providing notice to you, xocbox (Alexandra De Rosa Design Inc) may modify the terms of the Agreement. All such changes shall become effective upon posting of the revised Agreement.
All Products and Services provided by xocbox (Alexandra De Rosa Design Inc) are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products and Services are not available to individuals under the age of 18. Only those who qualify are permitted to use the Products and Services.
When you agree to use xocbox Products and Services, you are agreeing to provide true, accurate, current, and complete information about yourself and your business, as requested in the set up and subscription agreements. You are responsible for maintaining the security of your account, passwords, and files.
Subscriptions
Some of our Products and Services are billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (“billing cycle”). Billing cycles are monthly or annual, depending on the subscription plan selected. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your account by contacting customer support.
Set up fees and subscriptions are based on the software product provided, and any associated modules or added functionality purchased, and stated in your Agreement or Agreed Terms of Purchase.
Payment for Products and Services will be made by a valid credit card accepted by xocbox (Alexandra De Rosa Design Inc). Fees are payable in US dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize xocbox (Alexandra De Rosa Design Inc) to charge your credit card for such amounts on a regular monthly basis as set out in your Agreement.
You acknowledge and agree that you are responsible for paying Fees and Subscriptions for the use of xocbox Products and Services.
Restrictions and Responsibilities
xocbox (Alexandra De Rosa Design Inc) will not share your information with any unaffiliated third party. Your information will not be shared with any other parties unless required by law.
This is an Agreement for Products and Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products and Services or any software, documentation, or data related to the Products and Services (“Software”); remove any proprietary notices or labels from the Products and Services or any Software, modify, translate, or create derivative works based on the Products and Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products and Services or any Software.
You may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products and Services or the Software, or any content. Violation of these restrictions may result in the termination of this Agreement.
xocbox (Alexandra De Rosa Design Inc) Products and Services shall be used for your ecommerce business, and you shall not use the Products and Services for the benefit of a third party. If you are using the Products and Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Products and Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
You acknowledge and agree that xocbox (Alexandra De Rosa Design Inc) Products and Services and the xocbox (Alexandra De Rosa Design Inc) company names and logos and all related product and service names, design marks and slogans, are the property of xocbox (Alexandra De Rosa Design Inc) or its affiliates or suppliers (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of xocbox (Alexandra De Rosa Design Inc). Your use of the Products and Services confers no title or ownership in the Products and Services, the Software or the Marks and is not a sale of any rights in the Products and Services, the Software or the Marks.
You represent, covenant, and warrant that you will use the Products and Services only in compliance with the Agreement. You hereby agree to indemnify and hold harmless xocbox (Alexandra De Rosa Design Inc) and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses,liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the xocbox (Alexandra De Rosa Design Inc) Products and Services.
In addition, you acknowledge and agree that xocbox (Alexandra De Rosa Design Inc) has the right to seek damages when you use the Products and Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
The Products and Services may only be used for lawful purposes. Any violation of United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited.
In using Products and Services provided by xocbox (Alexandra De Rosa Design Inc), you may provide information (such as name, contact information, or other registration information) to xocbox (Alexandra De Rosa Design Inc). xocbox (Alexandra De Rosa Design Inc) may use this information and any technical information about your use of the Products and Services to tailor information and Products and Services provided to you.
Termination
You may terminate this Agreement at any time by sending an email to info@xocbox.com. There are no refunds for any fees paid. To prevent additional charges, the Agreement must be cancelled at least 48 hours before your next billing cycle.
xocbox (Alexandra De Rosa Design Inc) may terminate this Agreement or Products and Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. xocbox (Alexandra De Rosa Design Inc) shall have no liability to you or any third party because of such termination or action.
Warranty Disclaimer & Remedies
USE OF THE PRODUCTS AND SERVICES AND ANY RELIANCE BY YOU UPON THE PRODUCTS AND SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. XOCBOX (ALEXANDRA DE ROSA DESIGN INC) DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS AND SERVICES. THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND XOCBOX (ALEXANDRA DE ROSA DESIGN INC) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE PRODUCTS AND SERVICES SHALL BE FOR XOCBOX (ALEXANDRA DE ROSA DESIGN INC) TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE PRODUCTS AND SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,TORT, CONTRACT, OR OTHERWISE, SHALL XOCBOX (ALEXANDRA DE ROSA DESIGN INC) OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “XOCBOX (ALEXANDRA DE ROSA DESIGN INC)” BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL,COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF XOCBOX (ALEXANDRA DE ROSA DESIGN INC) SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, XOCBOX (ALEXANDRA DE ROSA DESIGN INC) IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF XOCBOX (ALEXANDRA DE ROSA DESIGN INC) TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS AND SERVICES FOR ONE BILLING CYCLE.
Export of Products and Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Products and Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
Miscellaneous
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
xocbox (Alexandra De Rosa Design Inc) and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind xocbox (Alexandra De Rosa Design Inc) in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
The Agreement shall be governed by the laws of the State of California, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in San Diego County, California.