Welcome to our Web site. By using
our site, you are agreeing to comply with and be bound by the following terms
of use. Please review the following terms carefully. If you do not agree to
these terms, you should not use this site. The term "Xtrant.com " or
"us" or "we" or "our" refers to Xtrant, LLC, the
owner of the Web site. The term "you" refers to the user or viewer of
our Web Site.
("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site,
the content, products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part
of the Site, except as allowed by Section 3 below, is strictly prohibited.
You do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such information
and materials. Some of the content on the site is the copyrighted work of
By the nature of using Xtrant, you
are posting and sharing files and content. The content belongs to you. The
copyright and any and all IP of what you post belongs to you. The preceding
clause is for Xtrant content and other member postings only. In order to
provide services to you, we may be required to copy your data or create images
of your works (data back up), you agree and give us and our third party
providers permission to do this. This permission DOES NOT extend to and we WILL
NOT share your information with third parties other than for the purposes of
providing you with Xtrant services.
We have "Xtrant", Xtrant.com and other marks as our service marks
or registered service marks or trademarks. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
Registered service marks, service marks and/or trademarks are the property
of their rightful owners. You may not use or replicate them without the
rightful owners permission.
License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a)
to access and use the Site strictly in accordance with this Agreement; (b)
to use the Site solely for internal, personal, commercial purposes; and
(c) to print out discrete information from the Site solely for internal,
personal, commercial purposes and provided that you maintain all copyright
and other policies contained therein. No print out or electronic version
of any part of the Site or its contents may be used by you in any
litigation or arbitration matter whatsoever under any circumstances
without Xtrant’s express written permission.
You acknowledge that you are
responsible for whatever material you submit, and you, not us, have full
responsibility for the content, including its legality, reliability,
appropriateness, originality, and copyright.
and Prohibitions on Use.
Your license for access and use of the Site and any information, materials
or documents (collectively defined as "Content and Materials")
therein are subject to the following restrictions and prohibitions on use:
You may not (a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any form or by any
means all or any portion of the Site or any Content and Materials
retrieved there from; (b) use the Site or any materials obtained from the
Site to develop, of as a component of, any information, storage and
retrieval system, database, information base, or similar resource (in any
media now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution mechanism; (c) create
compilations or derivative works of any Content and Materials from the
Site; (d) use any Content and Materials from the Site in any manner that
may infringe any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e) remove, change or
contained in the Site; (f) make any portion of the Site available through
any timesharing system, service bureau, the Internet or any other
technology now existing or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Site software or use any network
monitoring or discovery software to determine the Site architecture; (h)
use any automatic or manual process to harvest information from the Site;
(i) use the Site for the purpose of gathering information for or
transmitting (1) unsolicited commercial email; (2) email that makes use of
headers, invalid or nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state or
federal law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or any portion
thereof, or any software available on or through the Site, in violation of
the export control laws or regulations of the United States.
When registering, you agree to provide us with accurate, complete
registration information. You agree that you are 13 years old or older. Your
registration must be done using your real name and accurate information.
Each registration is for your personal use only and not on behalf of any
other person or entity. We do not permit (a) any other person using the
registered sections under your name; or (b) access through a single name
being made available to multiple users on a network. You are responsible for
preventing such unauthorized use. By registering, you agree to get
notifications from us. These notifications shall consist of updates and
important information concerning Xtrant and Xtrant services. These notices
shall not include advertising or marketing promotions.
Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected. We
do not represent or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise reliable. We may
make changes to the features, functionality or content of the Site at any
time. We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site.
To minimize costs, Xtrant utilizes third party servers and other back end
support and services. The third party providers ensure uninterrupted
service and redundancy for your data protection. As such, Xtrant cannot be
liable for break downs, loss or temporary disruptions in service or loss
of data due to third party providers.
We reserve the right to investigate complaints or reported violations of
this Agreement and to take any action we deem appropriate, including but
not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and disclosing
any information necessary or appropriate to such persons or entities relating
to your profile, email addresses, usage history, posted materials, IP
addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns, third
party suppliers of information and documents, attorneys, advertisers,
product and service providers, and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss, claim
and expense, including reasonable attorney's fees, related to your
violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password
or right given to you to obtain information or documents is not
transferable or assignable.
and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors
in or omissions from the Site or any services or products obtainable
there from, (b) the unavailability or interruption of the Site or any
features thereof, (c) your use of the Site, (d) the content contained on
the Site, (e) any delay or failure in performance beyond the control of a
Covered Party, or (f) any loss of user data for whatever reason.
AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH
YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
We reserve the right, and you authorize us, to the use and assignment of
all information regarding Site uses by you and all information provided by
suggestions, ideas, graphics, or other information communicated by you to
us (collectively, a "Submission") will forever be our property.
We will not be required to treat any Submission as confidential, and will
not be liable for any ideas (including without limitation, product,
service or advertising ideas) and will not incur any liability as a result
of any similarities that may appear in our future products, services or operations.
You represent and warrant that if you are purchasing something from us
that (i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes.
Customer Non-Payment Policy.
Because people and customers change
credit cards, we have implemented the following policy regarding nonpayment to
ensure non-interrupted service.
your payment method expires (e.g. your card expires), you will be
notified and have 1 month to rectify the situation and keep your account
active. Your account will not be deleted, cancelled, go gray or black.
you do not update your payment method are rectify the situation, your
account will go gray. This means you will still can access and view your projects;
however you will not be able to edit them. The account will go gray for
one month to allow you to bring your account up to date or arrange to
have the account “archived” (maintenance fee requried).
you do not make the account active again or place it into paid archive
mode within one month, the account will go DOMRANT and be unavailable to
anyone until the account holder pays to make active or pays to put it into
archive mode. The account will stay dormant for one year. Please note,
you will be required to pay for each month the account has been dormant
in order to bring the account active or in archive mode.
one year, your account, including all projects files and anything you
have posted will be deleted.
and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent the
Our Copyright Agent for Notice of
claims of copyright infringement on the Site can be reached by directing an
e-mail to the Copyright Agent at administrator@Xtrant.com.
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
description of the copyrighted work that you claim has been infringed;
description of where the material that you claim is infringing is located
on the Site;
address, telephone number, and email address;
statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
and Press Releases.
The Site contains information and press releases about us. We disclaim any
duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press release
or otherwise, should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and
the Content and Materials provided therein.
and Return Policy.
All pre-paid sales for our networking services are final with the
exception of automatic billing renewals. We will refund you a pro-rated
purchase price within 30 days of you notifying us in writing of your
desire for the refund, together with the reason for the request. Please
note, however, that certain products and services mentioned on our site
are sold by third parties or are linked to third party Web sites, and we
have no responsibility or liability for those products or services. You
may request a refund by contacting us by email at administrator@Xtrant.com. You
may obtain any additional information concerning our refund and return
policy, including our mailing address, by contacting us at administrator@Xtrant.com.
This Agreement shall be treated as though it were executed and performed
in Memphis, Tennessee, and shall be governed by and construed in
accordance with the laws of the State of Tennessee (without regard to
conflict of law principles). Any cause of action by you with respect to
the Site (and/or any information, Documents, products or services related
thereto) must be instituted within one (1) year after the cause of action
arose or be forever waived and barred. All actions shall be subject to the
limitations set forth in this Agreement such as Section 12 and Section 14.
The language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. This Agreement and all
incorporated agreements and your information may be automatically assigned
by us in our sole discretion to a third party in the event of an
acquisition, sale or merger. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the right to enforce such
provision. Our rights under this Agreement shall survive any termination
of this Agreement.
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by us to collect
or recover damages for, or obtain any injunction relating to, Site
operations, intellectual property, and our services, shall be settled
solely by binding arbitration in accordance with the commercial
arbitration rules of JAMS. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The
arbitration shall be conducted in Memphis, Tennessee, and judgment on the
arbitration award may be entered into any court having jurisdiction
thereof. Either you or us may seek any interim or preliminary relief from
a court of competent jurisdiction in Memphis, Tennessee necessary to
protect the rights or property of you and us pending the completion of
arbitration. Each party shall bear one-half of the arbitration fees and
costs incurred through JAMS.
The Xtrant Team