Terms of Service
This website is operated by Xtendly, LLC. Throughout the site, the terms “Xtendly”, “we”, “us” and “our” refer to Xtendly, LLC. Xtendly offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
SECTION 1 – TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
A) Prices for our products are subject to change without notice.
B) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
A) “Unlimited Website Administration, Requests & Edits” encompasses “small” edits and fixes does not include a complete redesign & development after the first 90 days or initial website design & development.
B) “Unlimited Website Administration, Requests & Edits” does not include or apply to custom back-end software development.
SECTION 6 – COPYRIGHT
A) All content produced by Xtendly within the scope of Services including software and web code, content, graphics and design, or material developed or licensed by Xtendly for Client as part of the Services is copyrighted by Xtendly and remains the exclusive property of Xtendly. Upon termination of this Agreement copyrights shall remain with Xtendly. After twelve months of service or full payment, if Client chooses to cancel this agreement per the conditions in Section 17 below all Xtendly copyrighted content, EXCEPT software, web code, WordPress or CloudCannon themes and plug-ins, PSD files and other files or code used to create the Client website and newsletter can be used indefinitely by Client for their company website, newsletter and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
B) In the event Xtendly ceases business operations and providing the services described in this agreement all Xtendly copyrighted content, EXCEPT software, web code, WordPress themes and plug-ins, PSD files and other files or code used to create the Client website and newsletter can be used indefinitely by Client for their company website, newsletter and other marketing collateral. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
SECTION 7 – BILLING AND ACCURACY OF ACCOUNT INFORMATION
A) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
B) You agree to provide current, complete and accurate purchase, billing, payment and account information for all purchases made to Xtendly. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
C) All fees for services are paid in advance automatically as a monthly or annual recurring service fee through our online secure payment system.
D) All fees are exclusive of any and all applicable taxes, including without limitation to GST and VAT.
E) Additional monthly services may be purchased and will be billed co-terminus with the subscription period.
F) Additional one-time services may be purchased and will be billed upon receipt of customer approval.
G) Additional services outside the scope of the Statement of Work that are valued <$1,000 (including any expenses required for travel or 3rd Party Services), and any changes in the Statement of Work, can be addressed by either an email or electronic pre-approval within our Project Management System by customer.
H) Additional services outside the scope of the Statement of Work that are valued over $1,000+ (including any expenses required for travel or 3rd Party Services), and any changes in the Statement of Work, will be addressed by a separate Statement of Work and pre-approved by customer.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
B) We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
C) You agree that Xtendly’s performance of all services set forth shall depend upon the Client’s timely and full completion of its stated responsibilities. Xtendly shall not have any liability for its obligations that remain unperformed at the end of each month due to failure of Client to fully perform or respond to their stated responsibilities.
D) You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
E) You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 15 – INDEMNIFICATION
SECTION 16 – SEVERABILITY
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by providing us with 30 day notice to email address: [email protected], notifying us that you no longer wish to use our Services. Additional fees may apply for hosting, website transfer/download or migration services.
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 19 – GOVERNING LAW
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]