These Terms and Conditions, along with the Order Confirmation (collectively, the “Terms,” or this “Agreement,” or the “User Agreement”) describe the terms and conditions on which XEARA (“we”, “our” or ” XEARA “) offers a user (“Customer,” “User,” “you,” “your” or “subscriber”) access to the online solution and total solution packages described on its website located at www.xeara.com (“Basic Services”). If you have a question about this Agreement, please send an e-mail to support at XEARA . com.
Acceptance of Terms
By submitting your order, you agree to the Terms. We may amend the Terms at any time by providing notice to you of any changes. Otherwise, your continued use of our Services will signify your acceptance of any amended Terms. The Terms may not be otherwise amended except in writing, signed by both parties. Throughout this Agreement, (i) the phrase “in our discretion” or “in its discretion” means in XEARA’s sole and arbitrary discretion and (ii) the term “including” means “including without limitation.” XEARA reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by XEARA. Activation of any Service shall indicate XEARA’s acceptance of this Agreement.
XEARA (hereafter “the Company”) strictly prohibits the sending of unsolicited bulk email (SPAM). SPAM is defined for this purpose as sending ten or more messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. The Company also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with the Company, and/or its products and services. The Company prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS “SPAMMED” BY SOMEONE WHO IS SELLING OR DESCRIBING THE COMPANY’S PRODUCTS OR SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION at support at XEARA . com
At XEARA (hereafter “the Company‘), we are committed to and singularly focused on building a brand that is recognized worldwide, while creating a business opportunity unparalleled by either conventional or network marketing standards. In doing so, there are compliance measures that need to be enforced to protect the Company’s business opportunity for all.
The word “XEARA” or any derivative thereof cannot be used in domain names.
As these compliance policies are vital to the long-term stability of the Company and the preservation of the opportunity for all, consequences of violating these policies will be strictly enforced. Failure to obtain approval for advertising material of any kind and/or failure to implement the policies in any material may result in the following:
1. Formal warning letter and/or probation
2. Suspension of commissions
3. Termination of position
4. Possible litigation
Website Terms of Usage
3. The Site may provide you with an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics, or other material, to the Company through the Site or otherwise will be treated as non-confidential and non-proprietary. Anything you submit, transmit, or post becomes the property of the Company and the Company is free to use any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.
4. While the Company uses reasonable efforts to include accurate and up to date information in the Site, we make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.
5. Information in the Site is subject to change without notice. In addition, the Company may make changes to the products described in the Site and prices for such products at any time without notice. Information regarding the Company’s products and services is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. The Company makes no representation that the Materials included in the Site are appropriate or available for use in countries other than the United States. Those who do access the Site from other countries are solely responsible for compliance with local laws of that country.
6. Use of and browsing in the Site is done at your own risk. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR BROWSING THE SITE, OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGE TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT THEREOF. The foregoing limitation of liability shall apply to the maximum extent permitted by law. Without limiting the foregoing, everything on the Site is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE COMPANY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Company does not represent or warrant that your use of the Site will be uninterrupted; error free, secure, free of viruses or other harmful components, or that any content is accurate or correct. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
7. This Site may link to other sites not maintained by or related to the Company. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of the Company. The Company has not reviewed all of the sites linked to the Site and is not responsible for the content of any other site. Viewing all other sites is at your own risk. Unless expressly stated, the Company does not endorse any products or services offered by any company or person linked to its Site. You may not create a link to the Site without first obtaining the Company’s written permission.
8. In the event that the Company may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board and the like on the Site, the Company is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such transmissions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.
Truth-in-advertising laws have been enacted by both the federal and state governments. Even private organizations like the Better Business Bureau are involved in ensuring that advertisers make truthful claims so that consumers get accurate information and can make informed decisions about the products they buy.
All Advertisers are required to use only claims that are truthful and not misleading. Advertisers must have adequate substantiation or “proof’ for all claims before they make them.
Right to Refuse Services
XEARA may refuse Services to anyone at any time, at our discretion. XEARA reserves the right to discontinue, temporarily or permanently, any or all of the Services to anyone at any time, with or without notice. In the event that XEARA discontinues the Services because any payment is or becomes past due, then XEARA reserves the right to collect all outstanding amounts for any month in which the Services were provided (i.e. any month before the Services were discontinued).
You expressly grant XEARA the authority to act as your agent for the limited purpose of submitting your business information to various online directories. The information you provide in the Order Confirmation will be the information used by XEARA to list your business in the online directories.
Intellectual Property Rights
You represent that you have all necessary rights to use the business name submitted with your Order and that your use of the name will not infringe upon the intellectual property rights of others. You will be solely liable for violations of this Section.
Accurate and Complete Information
You will provide to XEARA only true, accurate, current and complete information, including, as applicable, your credit card number and other financial information, and will update that information to keep it true, accurate, current and complete. XEARA, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
All cancellations must be in writing and sent by email to support at XEARA . com.
Early cancellation requests may be made AT ANY TIME during the applicable Contract Term or Renewal Term. Early cancellation requests will only be made effective if your account is current on payment.
XEARA or its authorized representatives will charge you fees in accordance with the rates contained in the Order Form. Set Up fees will be due and payable upon the Activation Date. Monthly Maintenance Fees will be due and payable at the start of each month of Service. The first month’s fee will be due and payable as of the Activation Date. You are responsible for paying all fees associated with using the Services and all applicable taxes.
Changes to Fees
XEARA may only change the Monthly Maintenance Fees during a Renewal Term by providing you written notice of such changes. Such changes will become effective seven (7) days after notice of those changes and will apply to the current monthly term unless you have provided XEARA of your desire to cancel the Services. In such case, the previously applicable Monthly Maintenance Fees will be charged for the final month of Service before termination.
Credit Cards – Automatic Payments
You will be required to place a credit card (Visa, MasterCard, American Express, or Discover) on file for automatic billing prior to using the Services. Your Monthly Maintenance Fees will be automatically charged to your credit card on file.
Discounts, Credits and Refunds
XEARA may, in its discretion, offer discounts, coupons or promotions that may reduce applicable fees. Users may request credits to their account by contacting XEARA customer support.
You agree to use the Services only for lawful purposes. XEARA reserves the right to terminate your Service immediately and without advance notice if XEARA, in its sole discretion, believes that you have violated the terms of this Agreement, leaving you responsible for the full month’s current charges which will immediately become due and payable. Indemnity and Disclaimer
You will, at your own expense, indemnify, defend and hold XEARA, its authorized representatives, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to us; (b) any fraud, manipulation, or other breach of this Agreement by you; (c) any third-party claim, action or allegation brought against XEARA arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; or (d) your violation of any law or the rights of a third party. XEARA will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on XEARA’s behalf without the prior written consent XEARA.
Neither XEARA nor its suppliers and authorized representatives will be liable for (i) any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this agreement even if XEARA or its supplier or authorized representative is aware of the possibility of such damages, or (ii) any damages that result in any way from your use or inability to use the Services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the Services.