Please read this Website Terms of Use ("Terms") carefully. By accessing the websites (the "Site") or any of the services provided by Xtra Technology LLC ("Company", "we" or "us"), you acknowledge that you have read, understood, and agree to be bound by the following Terms. If you are not eligible or do not agree to any of the terms, then you may not access the Site.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING ARBITRATION, AND WILL NOT BE DETERMINED BY A JUDGE OR JURY.
1. ELIGIBILITY AND USER ACCOUNT
To access certain Site features, you may need to register for a user account. By registering and accessing the Site, you confirm that you are at least 18 years old and legally competent to agree to the Terms. The registration process requires you to provide information about yourself (such as your email address or other contact details). You represent and warrant that the information you provide is accurate and that you will keep it accurate and up-to-date. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your user account.
2. PURCHASE AND ADDITIONAL TERMS
Additional terms may apply to product purchases or specific services. You agree to comply with all such terms. Where these Terms conflict with terms for a specific Site section or service, the specific terms will govern your use of that section of the Site or services.
3. YOUR OBLIGATION
You agree not to do any of the following:
1) Use the Sites for any illegal purpose or in violation of any applicable laws;
2) Modify the services or features related to the Site;
3) Interfere with the rights of any third party;
4) Engage in any fraudulent activity in connection with using the Site;
5) Modify or interfere with security-related features of the Site.
Company is entitled to suspend your account or services upon your breach of your obligations herein.
4. PROPRIETARY RIGHTS
The Site is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site ("Materials") provided by us are protected by intellectual property and other laws. All Materials contained in the Site are the property of the Company and its third-party licensors. Except as expressly authorized by the Company, you may not make use of the Materials.
5. INDEMNITY
You agree to defend, indemnify, and hold the Company, its subsidiaries and affiliates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, demands, liabilities, losses, or expenses, including reasonable attorneys' fees and costs, that arise from or are related to (i) your use of the Site; (ii) your violation of these Terms; and/or (iii) your violation of any third-party right, including without limitation any intellectual property. The obligations under this section shall survive the termination or expiration of these Terms.
6. DISCLAIMERS; NO WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS, THE SITE AND ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANT OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE. SHOULD APPLICABLE LAWS PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS BASED ON THAT APPLICABLE LAWS.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY MATERIALS WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
8. GOVERNING LAW AND BINDING ARBITRATION
These Terms are governed by the laws of the State of California without regard to conflict of law principles.
Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration administered by American Arbitration Association in accordance with its applicable rules.
If a lawsuit or court proceeding is permitted under these Terms, then you and Company agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute.
9. ENTIRE AGREEMENT
These Terms constitute the entire and exclusive understanding and agreement between you and the Company regarding use of the Site.