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Last Updated: July 03, 2024

Axtra Solutions Terms of Service

Introduction

Welcome to Axtra Solutions LLC. These Terms of Service (“Terms”) govern your access to and use of our website, [axtrasolutions.com], and the services we provide (“Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, please do not use our Services.

Axtra Solutions LLC (“we”, “us”, or “our”) is dedicated to providing top-quality digital solutions, including web design, mobile application development, and various other digital services. Our goal is to help businesses enhance their online presence and achieve their digital objectives.

These Terms apply to all visitors, users, and others who access or use our Services (“Users”). By using our Services, you acknowledge that you have read, understood, and agree to comply with these Terms.

Key Points:

  • Overview of the services provided by Axtra Solutions LLC.
  • A statement that these Terms of Service constitute a legally binding agreement between the user and Axtra Solutions LLC.
  • Mention that these Terms include important information about the user’s rights and obligations.
  • Reference to the Privacy Policy and its integral role in conjunction with these Terms.

If you have any questions about these Terms, please contact us at:

Contact Information:

Acceptance of Terms

By accessing and using the Services provided by Axtra Solutions LLC, you agree to comply with and be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

Binding Agreement:

  • Explanation: These Terms constitute a binding legal agreement between you and Axtra Solutions LLC. By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

Eligibility:

  • Age Requirement: You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.
  • Authority: If you are using our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to both you as an individual and to the entity you represent.

Electronic Acceptance:

  • Explanation: Your acceptance of these Terms is indicated by any action indicating your assent, such as clicking to accept or agree to these Terms where this option is made available to you by Axtra Solutions LLC. You agree that this method of acceptance has the same legal force and effect as a handwritten signature.

Changes to Terms:

  • Explanation: Axtra Solutions LLC reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website and updating the “Last Updated” date at the top of these Terms. It is your responsibility to review these Terms periodically. Your continued use of our Services after any changes to these Terms constitutes your acceptance of the revised Terms.

By agreeing to these Terms, you also agree to our Privacy Policy, which outlines how we collect, use, and protect your personal information.

Contact Information:

Changes to Terms

Axtra Solutions LLC reserves the right to modify, update, or change these Terms of Service at any time. Any changes to these Terms will be effective immediately upon posting the updated Terms on our website. The “Last Updated” date at the top of these Terms indicates when the latest modifications were made.

Notification of Changes:

  • Explanation: We will notify you of any significant changes to these Terms by posting a notice on our website, and in some cases, we may also send you an email notification. It is your responsibility to review these Terms periodically to stay informed about any updates.
  • Effective Date: Changes will become effective immediately upon posting unless otherwise specified. Your continued use of our Services after any changes or revisions to these Terms will constitute your acknowledgment of the changes and agreement to abide by the updated Terms.

Review and Acceptance:

  • Encouragement to Review: We encourage you to review these Terms regularly to ensure that you understand the terms and conditions that apply when you access or use our Services.
  • Binding Agreement: By continuing to access or use our Services after any changes are posted, you agree to be bound by the revised Terms. If you do not agree with the new Terms, you must stop using our Services.

Temporary Interruption or Discontinuation:

  • Right to Modify Services: Axtra Solutions LLC may also modify or discontinue, temporarily or permanently, any aspect of the Services at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

By keeping these Terms up to date, we aim to provide clarity and transparency regarding your rights and obligations when using our Services.

Contact Information:

Description of Services

Axtra Solutions LLC offers a variety of digital solutions designed to enhance your online presence and help you achieve your digital objectives. Our Services include, but are not limited to, the following:

Web Design and Development:

  • Custom Websites: We design and develop custom websites tailored to your specific needs and preferences. Our services include responsive design, user-friendly navigation, and search engine optimization.
  • Premium WordPress Themes: We use premium WordPress themes to create visually appealing and functional websites that reflect your brand identity.

Mobile Application Development:

  • Custom Mobile Apps: We develop mobile applications for various platforms, including iOS and Android. Our services cover the entire development process, from concept to deployment.
  • Integration and Maintenance: We provide integration with third-party services and ongoing maintenance to ensure your mobile apps run smoothly.

E-Commerce Solutions:

  • Online Stores: We design and develop e-commerce websites to help you sell products and services online. Our solutions include payment gateway integration, product management, and customer support features.
  • Shopping Cart and Checkout: We optimize the shopping cart and checkout process to enhance the user experience and increase conversion rates.

Digital Marketing Services:

  • SEO Optimization: We offer search engine optimization services to improve your website’s visibility and ranking on search engines.
  • Content Marketing: We create and manage content marketing strategies to engage your audience and drive traffic to your website.
  • Social Media Management: We manage your social media accounts to build your online presence and connect with your audience.

SaaS (Software as a Service) Solutions:

  • Appointment Booking Systems: We provide customizable, white-label SaaS solutions for appointment booking, targeting various industries such as salons, gyms, clinics, and more.
  • Customer Support Systems: We offer SaaS solutions for customer support, including live chat, ticketing systems, and automated customer interactions integrated with OpenAI ChatGPT API.

Technical Support and Maintenance:

  • Ongoing Support: We offer technical support and maintenance services to ensure that your websites and applications remain up-to-date and secure.
  • Backup and Recovery: We provide regular backups and recovery solutions to protect your data and ensure business continuity.

Customization and Integration:

  • Custom Features: We develop and integrate custom features and functionalities to meet your specific business needs.
  • Third-Party Integrations: We integrate your website and applications with various third-party services and tools to enhance functionality and efficiency.

These are some of the core services we provide at Axtra Solutions LLC. Our goal is to deliver high-quality digital solutions that meet your business needs and help you succeed in the digital landscape.

User Responsibilities and Obligations

As a user of Axtra Solutions LLC’s Services, you are expected to adhere to certain responsibilities and obligations to ensure a safe, lawful, and respectful environment for all users. By using our Services, you agree to the following:

Compliance with Laws:

  • Explanation: You agree to use our Services in compliance with all applicable local, state, national, and international laws and regulations. You must not use our Services for any unlawful or fraudulent activities.

Account Information:

  • Accuracy: You agree to provide accurate, current, and complete information when creating an account and using our Services. You must update your information as necessary to maintain its accuracy.
  • Security: You are responsible for maintaining the confidentiality of your account login credentials. You must notify us immediately of any unauthorized use of your account or any other security breach.

Prohibited Conduct:

  • Unlawful Activities: You must not use our Services for any unlawful activities, including but not limited to fraud, money laundering, or any other criminal activity.
  • Harmful Behavior: You must not use our Services to harass, abuse, or harm other users or any other individuals. This includes, but is not limited to, sending unwanted communications, stalking, or making threats.
  • Spamming: You must not use our Services to send unsolicited or unauthorized advertising, spam, or chain letters.
  • Intellectual Property: You must respect the intellectual property rights of others. You must not upload, post, or otherwise make available any content that infringes on the copyrights, trademarks, or other proprietary rights of any third party.

Usage Limits:

  • Resource Usage: You agree not to engage in any activity that could disrupt or interfere with the functioning of our Services, including excessive bandwidth usage, introducing viruses, or other malicious code.

Content Responsibility:

  • User-Generated Content: You are solely responsible for any content you upload, post, or otherwise make available through our Services. You agree that such content does not violate any laws or the rights of any third party.
  • Monitoring and Removal: We reserve the right to monitor, review, and remove any user-generated content that we determine, in our sole discretion, violates these Terms or is otherwise harmful, inappropriate, or objectionable.

Feedback and Suggestions:

  • Non-Confidential: If you provide us with any feedback or suggestions regarding our Services, you agree that we may use such feedback or suggestions without any obligation to you and that such feedback or suggestions will be considered non-confidential and non-proprietary.

Indemnification:

  • Explanation: You agree to indemnify, defend, and hold harmless Axtra Solutions LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your violation of any rights of another.

Termination:

  • Explanation: We reserve the right to suspend or terminate your access to our Services at any time, without notice, for conduct that we believe, in our sole discretion, violates these Terms or is otherwise harmful to other users or to Axtra Solutions LLC.

By adhering to these responsibilities and obligations, you contribute to a safe and respectful environment for all users of Axtra Solutions LLC’s Services.

Contact Information:

Account Registration and Security

To access certain features of our Services, you may be required to create an account. By creating an account with Axtra Solutions LLC, you agree to the following terms regarding registration and security:

Account Creation:

  • Eligibility: You must be at least 18 years old to create an account and use our Services. By creating an account, you represent and warrant that you meet this age requirement.
  • Account Information: You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to ensure it remains accurate, current, and complete.
  • Username and Password: When you create an account, you will be required to choose a username and password. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Security Measures:

  • Responsibility: You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this security obligation.
  • Account Protection: You must not share your account credentials with others or allow others to access your account. You agree to take reasonable steps to protect your account from unauthorized access, such as using a strong password and enabling two-factor authentication if available.

Account Termination:

  • Termination by User: You may terminate your account at any time by contacting us at info@axtrasolutions.com. Upon termination, you will no longer have access to the Services associated with your account.
  • Termination by Axtra Solutions LLC: We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to a violation of these Terms, illegal or harmful conduct, or inactivity.

Account Use:

  • Single Account: You may not create more than one account for yourself or create an account for someone else without their permission. Each user is limited to one account unless otherwise authorized by Axtra Solutions LLC.
  • Prohibited Actions: You agree not to use another user’s account without their permission. Additionally, you may not transfer or assign your account to any other person or entity without our prior written consent.

Data Privacy:

  • Privacy Policy: Your account information and other personal data are protected as described in our Privacy Policy. By creating an account, you consent to the collection, use, and storage of your information in accordance with our Privacy Policy.

Account Inactivity:

  • Inactive Accounts: We reserve the right to terminate accounts that have been inactive for an extended period of time. If your account is terminated due to inactivity, you may be required to create a new account to regain access to our Services.

By registering for an account with Axtra Solutions LLC, you agree to adhere to these terms and to take responsibility for the security and confidentiality of your account.

Contact Information:

Fees and Payment

By using the Services provided by Axtra Solutions LLC, you agree to pay the fees associated with the specific services you select. This section outlines our fees, payment methods, billing procedures, and related terms.

Service Fees:

  • Explanation: The fees for our Services are outlined on our website and may vary based on the specific services you choose. All fees are subject to change, and we will provide notice of any fee changes on our website or through other communication methods.
  • Taxes: All fees are exclusive of applicable taxes. You are responsible for paying any taxes that may apply to your use of our Services.

Payment Methods:

  • Accepted Methods: We accept various payment methods, including major credit cards, debit cards, and other payment options as specified on our website. Payments are processed securely through our payment processor, Stripe.
  • Payment Information: By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges.

Billing Procedures:

  • Billing Cycle: We will bill you at the time of your purchase and/or on a recurring basis, depending on the terms of the specific service you have selected. Recurring charges will be billed in advance on a monthly, annual, or other agreed-upon basis.
  • Automatic Renewal: Certain services may be subject to automatic renewal. If your service includes an automatic renewal option, we will notify you in advance, and you will have the opportunity to opt-out of the renewal. If you do not opt-out, the service will automatically renew at the then-current rate.

Refund Policy:

  • Refund Eligibility: Our refund policy is outlined separately and specifies the conditions under which refunds may be granted. Generally, refunds are provided only for specific circumstances, such as service interruptions or billing errors.
  • Requesting a Refund: To request a refund, please contact our customer support team at info@axtrasolutions.com. Refund requests must be submitted within the time frame specified in our refund policy.

Late Payments:

  • Explanation: If we are unable to process your payment due to insufficient funds, expired payment information, or other issues, we will notify you and provide a grace period for you to update your payment information. If payment is not received within the specified grace period, we reserve the right to suspend or terminate your access to our Services.

Disputes and Chargebacks:

  • Explanation: If you believe there is an error in billing or have any concerns regarding a charge, please contact us immediately to resolve the issue. Unauthorized chargebacks may result in the suspension or termination of your account.

By agreeing to these fees and payment terms, you acknowledge and accept responsibility for all charges incurred in connection with your use of our Services.

Contact Information:

Refund Policy

At Axtra Solutions LLC, we strive to provide the highest quality of services and customer satisfaction. However, we understand that situations may arise where a refund is necessary. This section outlines our refund policy and the conditions under which refunds may be granted.

Eligibility for Refunds:

  • Service Interruptions: If you experience significant service interruptions or downtime due to issues within our control, you may be eligible for a partial or full refund for the affected period.
  • Billing Errors: If you are billed incorrectly or there are discrepancies in the charges, we will correct the billing error and issue a refund for the overcharged amount.

Non-Refundable Items:

  • Completed Services: Once a service has been fully rendered and delivered, it is generally not eligible for a refund. This includes custom web design projects, mobile application development, and other completed services.
  • Subscription Fees: Fees for subscription-based services are typically non-refundable once the billing cycle has begun. However, you may cancel your subscription at any time to avoid future charges.

Requesting a Refund:

  • Procedure: To request a refund, please contact our customer support team at info@axtrasolutions.com. Include your account information, the reason for the refund request, and any relevant details to support your claim.
  • Time Frame: Refund requests must be submitted within 30 days of the billing date or service delivery date. Requests submitted after this period may not be eligible for a refund.
  • Review Process: Our team will review your refund request and respond within 7 business days. If your request is approved, the refund will be processed within 14 business days using the original payment method.

Automatic Renewals and Cancellations:

  • Automatic Renewals: If your service includes automatic renewal, you will receive a reminder before the renewal date. You can cancel the renewal by contacting us at least 7 days before the renewal date.
  • Cancellations: You may cancel your subscription at any time. If you cancel before the end of your billing cycle, your access to the service will continue until the end of the current billing period, and no further charges will be made.

Disputes and Chargebacks:

  • Resolution: If you believe there is an error in billing or have any concerns regarding a charge, please contact us immediately to resolve the issue. Unauthorized chargebacks may result in the suspension or termination of your account.

By agreeing to this refund policy, you acknowledge and accept the terms and conditions outlined above. We are committed to ensuring a fair and transparent process for all refund requests.

Contact Information:

Prohibited Activities

To ensure a safe and respectful environment for all users, Axtra Solutions LLC has established guidelines for prohibited activities. By using our Services, you agree not to engage in any of the following prohibited activities:

Unlawful Activities:

  • Illegal Conduct: You must not use our Services for any illegal purposes or activities, including but not limited to fraud, money laundering, or any other criminal activity.
  • Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of our Services.

Harmful Behavior:

  • Harassment: You must not use our Services to harass, abuse, or harm other users or any other individuals. This includes sending unsolicited communications, making threats, or engaging in any behavior that is intended to intimidate or cause harm.
  • Discrimination: You must not use our Services to promote or engage in any form of discrimination, including based on race, ethnicity, gender, sexual orientation, religion, or disability.

Spamming and Unauthorized Advertising:

  • Unsolicited Messages: You must not use our Services to send unsolicited or unauthorized advertising, promotional materials, spam, or chain letters.
  • Phishing and Fraud: You must not use our Services to engage in phishing activities or to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

Intellectual Property Violations:

  • Copyright Infringement: You must not upload, post, or otherwise make available any content that infringes on the copyrights, trademarks, or other proprietary rights of any third party.
  • Unauthorized Use: You must not use our Services to distribute or use any software or other material protected by intellectual property laws unless you have the necessary rights and permissions.

Security Violations:

  • Malware and Hacking: You must not use our Services to distribute malware, viruses, or other harmful code. You must not attempt to gain unauthorized access to our systems, networks, or user accounts.
  • Interference: You must not interfere with or disrupt the integrity or performance of our Services or the data contained therein. This includes engaging in activities that negatively affect the ability of others to use our Services.

Resource Misuse:

  • Excessive Usage: You must not use our Services in a manner that imposes an unreasonable or disproportionately large load on our infrastructure. This includes excessive bandwidth usage or server usage.
  • Automated Access: You must not use any automated means, such as bots, scrapers, or spiders, to access or use our Services without our express permission.

False Information:

  • Misrepresentation: You must not provide false or misleading information when using our Services or creating an account. This includes using fake identities or providing inaccurate contact information.

Termination of Service:

  • Explanation: Violation of any of these prohibited activities may result in the suspension or termination of your account and access to our Services. We reserve the right to investigate and take appropriate legal action against anyone who violates these terms.

By agreeing to these Terms of Service, you acknowledge and accept your responsibility to avoid engaging in any prohibited activities and to maintain a respectful and lawful use of our Services.

Contact Information:

Intellectual Property Rights

Axtra Solutions LLC respects intellectual property rights and expects its users to do the same. This section outlines the ownership and use of intellectual property in relation to our Services.

Ownership of Content:

  • Explanation: All content on our website and Services, including but not limited to text, graphics, logos, images, software, and other materials, is the property of Axtra Solutions LLC or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  • Trademarks: All trademarks, service marks, logos, and trade names associated with Axtra Solutions LLC are proprietary to us. You may not use any of these marks without our prior written consent.

User-Generated Content:

  • Ownership: By submitting any content to our website or Services, including but not limited to comments, reviews, feedback, and suggestions, you grant Axtra Solutions LLC a worldwide, non-exclusive, royalty-free, transferable, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
  • Rights: You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant the above license to Axtra Solutions LLC. You further represent and warrant that your user-generated content does not infringe on the intellectual property rights of any third party.

Use of Our Content:

  • Personal Use: You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our website and Services for your personal, non-commercial use only. You must retain all copyright and other proprietary notices on any copies of the content you make.
  • Restrictions: You may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content from our website or Services for any other purposes without our prior written consent.

DMCA Compliance:

  • Explanation: We comply with the Digital Millennium Copyright Act (DMCA) and respond to notices of alleged copyright infringement in accordance with the DMCA. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our DMCA agent with the following information:
    • A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
    • A description of the copyrighted work that you claim has been infringed.
    • A description of where the material that you claim is infringing is located on our website.
    • Your address, telephone number, and email address.
    • 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.
    • 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.
  • Contact DMCA Agent:

Infringement Claims:

  • Investigation: We will investigate and take appropriate action, including removing or disabling access to the infringing material, upon receiving a valid DMCA notice. We may also terminate the accounts of repeat infringers.
  • Counter-Notice: If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notice to our DMCA agent. Your counter-notice must include:
    • Your physical or electronic signature.
    • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
    • A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
    • Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in your district and that you will accept service of process from the person who provided the original DMCA notice or an agent of such person.

By using our Services, you agree to respect and comply with the intellectual property rights of Axtra Solutions LLC and other users.

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Termination of Service

Axtra Solutions LLC reserves the right to terminate or suspend your access to our Services at any time, for any reason, without notice. This section outlines the conditions under which your service may be terminated and the consequences of such termination.

Termination by Axtra Solutions LLC:

  • Explanation: We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, if you breach these Terms or engage in conduct that we determine, in our sole discretion, is inappropriate, unlawful, or harmful to others.
  • Examples of Breach: This includes but is not limited to violations of our prohibited activities, failure to pay fees when due, or any other actions that violate the spirit of these Terms.

User Termination:

  • Explanation: You may terminate your account at any time by contacting us at info@axtrasolutions.com. Upon termination, you must cease all use of our Services and delete any copies of materials obtained from our Services.

Effect of Termination:

  • Access: Upon termination, your right to access and use our Services will immediately cease. Any outstanding balances owed to Axtra Solutions LLC must be paid in full upon termination.
  • Data Deletion: We reserve the right to delete or disable access to any data or information associated with your account upon termination. We are not obligated to retain your data or provide you with a copy of your data following termination.
  • Refunds: Termination of your account does not entitle you to any refunds of fees paid, except as expressly provided in our refund policy.

Survival of Terms:

  • Explanation: Certain provisions of these Terms will survive termination and remain in effect, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution.

Reactivation:

  • Explanation: If your account is terminated and you wish to reactivate it, you must contact us to request reactivation. We reserve the right to approve or deny reactivation at our sole discretion.

Notice of Termination:

  • Explanation: We will attempt to notify you via email or other means if we decide to terminate your access to our Services. However, we are not obligated to provide notice before termination.

By using our Services, you acknowledge and agree that Axtra Solutions LLC may terminate your access to our Services in accordance with the terms outlined above.

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Disclaimers and Limitation of Liability

This section outlines important disclaimers and the limitations of liability that apply to your use of Axtra Solutions LLC’s Services. Please read this section carefully.

Disclaimers:

  • As-Is Basis: Our Services are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. We do not guarantee that our Services will be uninterrupted, error-free, or free of viruses or other harmful components.
  • No Warranties: To the fullest extent permitted by law, Axtra Solutions LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
  • Accuracy of Information: While we strive to provide accurate and up-to-date information, we do not warrant or make any representations regarding the accuracy, reliability, or completeness of any information on our website or Services. Your reliance on any information provided through our Services is at your own risk.

Limitation of Liability:

  • No Indirect Damages: To the fullest extent permitted by law, Axtra Solutions LLC and its affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use our Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from our Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our Services; and/or (vi) any other matter related to our Services.
  • Maximum Liability: In no event will Axtra Solutions LLC’s total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of our Services exceed the amount you have paid to Axtra Solutions LLC in the last six (6) months, or, if greater, one hundred dollars ($100).
  • Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above exclusions and limitations may not apply to you. In such jurisdictions, the liability of Axtra Solutions LLC will be limited to the fullest extent permitted by law.

By using our Services, you acknowledge and agree to the disclaimers and limitations of liability outlined above.

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Indemnification

As a user of Axtra Solutions LLC’s Services, you agree to indemnify, defend, and hold harmless Axtra Solutions LLC, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to your use or misuse of our Services, your violation of these Terms, or your infringement of any intellectual property or other rights of another person or entity.

Scope of Indemnification:

  • User Actions: You agree to indemnify and hold harmless Axtra Solutions LLC for any claims or demands made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.
  • Third-Party Claims: This includes any claims, liabilities, damages, losses, costs, expenses, or fees arising from or relating to any user-generated content you submit, post, or transmit through our Services.

Defense Obligations:

  • Cooperation: You agree to cooperate as fully as reasonably required in the defense of any claim. Axtra Solutions LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
  • Notice of Claims: You must notify us immediately if you become aware of any potential or actual claims, lawsuits, or actions against you that may affect our Services or involve us in any way.

Settlement:

  • Approval Required: You agree not to settle any matter without the prior written consent of Axtra Solutions LLC. We will not settle any matter without your consent unless the settlement includes a full release of all claims against you and does not impose any obligations on you.

Limitation of Indemnity:

  • Explanation: This indemnity does not apply if the claim arises due to our gross negligence or willful misconduct.

By agreeing to these Terms, you acknowledge and accept your responsibility to indemnify Axtra Solutions LLC and its affiliates as outlined above.

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Governing Law

These Terms of Service and any disputes arising out of or relating to these Terms or our Services will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.

Choice of Law:

  • Explanation: The laws of the State of New Jersey will govern these Terms, your use of our Services, and any disputes that may arise between you and Axtra Solutions LLC. This means that any legal issues will be resolved under New Jersey law, and you agree to submit to the jurisdiction of the courts located in New Jersey.

Jurisdiction:

  • Venue: You agree that any legal action or proceeding related to these Terms or your use of our Services will be brought exclusively in the state or federal courts located in New Jersey. You consent to the personal jurisdiction and venue of these courts and waive any objections to jurisdiction or venue in such courts.

Waiver of Jury Trial:

  • Explanation: To the extent permitted by applicable law, both you and Axtra Solutions LLC waive the right to a trial by jury in any dispute arising out of or relating to these Terms or our Services.

Limitations Period:

  • Time Frame: Any claim or cause of action arising out of or related to these Terms or our Services must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

By agreeing to these Terms of Service, you acknowledge and agree to the governing law and jurisdiction as outlined above.

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Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service, the breach, termination, enforcement, interpretation, or validity thereof, or your use of our Services, you and Axtra Solutions LLC agree to resolve the dispute through binding arbitration or small claims court, as detailed below.

Binding Arbitration:

  • Explanation: Any dispute, controversy, or claim arising out of or relating to these Terms or our Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by arbitration in the State of New Jersey before a single arbitrator.
  • Arbitration Rules: The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”).
  • Arbitrator’s Authority: The arbitrator shall have the authority to grant any form of individual relief, including injunctions, and the decision of the arbitrator shall be final and binding on both parties. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Small Claims Court:

  • Explanation: As an alternative to arbitration, you or Axtra Solutions LLC may bring individual claims in small claims court in the state or federal courts located in New Jersey, provided that the claims qualify for small claims court.

Class Action Waiver:

  • Explanation: You and Axtra Solutions LLC agree that any arbitration or legal proceeding shall be conducted solely on an individual basis and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.
  • Exceptions: If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement shall be null and void.

Opt-Out Right:

  • Explanation: You may opt out of the binding arbitration and class action waiver provisions within 30 days of the date that you first agree to these Terms by sending a written notice to info@axtrasolutions.com with “Arbitration and Class Action Waiver Opt-Out” as the subject line and your full name and address in the body of the email.

Governing Law and Jurisdiction:

  • Explanation: This dispute resolution provision is governed by the Federal Arbitration Act and, where applicable, the laws of the State of New Jersey.

Costs and Fees:

  • Explanation: Each party shall bear its own costs and fees associated with the arbitration, except that the arbitrator may award the prevailing party its reasonable costs and attorney’s fees in accordance with applicable law.

By agreeing to these Terms of Service, you acknowledge and accept the dispute resolution process outlined above.

Contact Information:

Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.

Severed Provisions:

  • Explanation: If any provision of these Terms is determined to be invalid or unenforceable, the invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable. If modification is not possible, the provision will be deemed omitted.
  • Continued Enforcement: The remaining provisions of these Terms will remain in full force and effect, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision.

Modification to Comply with Law:

  • Explanation: If necessary, the invalid or unenforceable provision will be interpreted and applied in a manner that complies with applicable law while reflecting as closely as possible the original intent of the provision.

No Waiver:

  • Explanation: The failure of Axtra Solutions LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Cumulative Remedies:

  • Explanation: All remedies provided for in these Terms are cumulative and in addition to any other rights or remedies available at law or in equity.

By agreeing to these Terms of Service, you acknowledge and accept that any invalid or unenforceable provisions will be severed, and the remaining provisions will remain in effect.

Contact Information:

Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you need to contact us for any other reason, please use the following contact information. We are here to assist you and address any issues you may have.

General Inquiries:

  • Email: info@axtrasolutions.com
    • For general questions, support requests, or additional information about our services.

Privacy Concerns:

  • Email: privacy@axtrasolutions.com
    • For inquiries specifically related to privacy issues, data protection rights, and our Privacy Policy.

Mailing Address:

  • Address: 188 Overmount Ave, Woodland Park, NJ 07424
    • You can also reach us by mail at our main business address for any correspondence or legal matters.

Phone Number:

  • Phone: +1 (862) 226-8851
    • For immediate assistance or to speak directly with our customer service team.

DMCA Agent:

We value your feedback and are committed to providing excellent customer service. Please do not hesitate to reach out to us with any questions or concerns you may have.

Thank you for choosing Axtra Solutions LLC.

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