Xtrant.com Terms of Use Agreement

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.

  1. Acceptance of Agreement.
    You agree to the terms and conditions outlined in this Terms of Use Agreement ("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.
  1. Copyright.
    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 third parties.
  1. Your Content.
    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.
  1. Service Marks.
    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.
  1. Limited 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.
  1. Disclaimer.
    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.
  1. Restrictions 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 obscure any copyright notice or other proprietary notice or terms of use 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.
  1. Registration.
    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.
  1. Errors, 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.
  1. Third Party Services.
    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.  
  1. Unlawful Activity.
    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.
  1. Indemnification.
    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.
  1. Nontransferable.
    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.
  1. Limitation of Liability
    1. We 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.
    2. THE 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.
  1. Use of Information.
    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 you in any manner consistent with our Privacy Policy. All remarks, 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.
  1. Privacy Policy.
    Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link.
  1. Payments.
    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.
  1. Our Customer Non-Payment Policy.
    Because people and customers change credit cards, we have implemented the following policy regarding nonpayment to ensure non-interrupted service. 
    1. If 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.
    2. If 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).
    3. If 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.
    4. After one year, your account, including all projects files and anything you have posted will be deleted.
  1. Copyrights 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 following information:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Site;
    4. Your address, telephone number, and email address;
    5. A 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
    6. A 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.
    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.
  1. Information 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.
  1. Legal Compliance.
    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.
  1. Refund 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.
  1. Miscellaneous.
    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.
  1. Arbitration.
    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