Select Page

Terms Of Use

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, https://www.extellior.com, sub-domains, website hosts, service providers, associated business partners or third-party providers, any products or services, whether physical or otherwise, sold, contained, referenced, or advertised herein, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Extellior LLC (“Extellior”), or engaged in business with Extellior for the purpose of providing or supporting the Website, Content, Products, and/or Services that we may provide to you now or in the future.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and Extellior, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By accessing this web site, engaging in any business relationship with Extellior through any means, or making any use of our Products, you are agreeing to be bound by our Legal Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Legal Terms, you are prohibited from using or accessing the Website or any Products provided by Extellior. The materials contained in this web site are protected by applicable copyright and trademark law.

The last update to our Terms of Use was posted on 14 August 2014.

Definitions
The terms “us” or “we” or “our” refers to Extellior, the owner of the Website.

A “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our Website to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, software, physical or electronic products, representations thereof, and data, offered, referenced, made available in any way, or sold through our Website or any other means by us, are collectively known as our “Content”.

Services shall refer to any interaction with you by Extellior or its affiliates for any purpose.

A “Product” shall either be a Service, or Content which has either been made available for purchase through our electronic commerce system, or provided to you in some physical form.

General Terms and Conditions

We have no obligation to provide you with access to the Website, Content, Products, or Services, except as outlined herein. We have no obligation to make any Content, Products, or Services available in any particular format or to provide compatibility with any particular type of device or computer system. Our Website, Content, Products, or Services may require that you have the appropriate type of computer or electronic device on which to make use of them. It is not our responsibility to ensure that you are able to make use of any Product that you may purchase. You will ensure that you have the ability, equipment, means and knowledge to make use of any Product that you may purchase, before purchasing it.

Use License

For any Content that is not a Product, you are granted a temporary license for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any content or software contained on Extellior’s web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
You have no rights to any Product that you did not purchase from us at the then-current price.
Unless specifically stated otherwise, no purchase by you shall suggest any transfer of ownership or intellectual property. Extellior retains all rights without limitation.
The purchase by you of a Product shall entitle you to a limited-use license to load, store, or use, for its intended purpose only, one single instance of that Product, wherein an instance represents the presence of any form, in whole or in part, of the Product on any type of electronic media or storage device of any kind, for legal and non-commercial purposes only, subject to the additional terms and conditions outlined in this document.
You may not store, access, or use our Products on any system which operates any type of peer-to-peer file sharing software.
It is your obligation to ensure the safekeeping of Product, including adherence to applicable copyright laws. You will not load, store, or attempt to use any Product on more than one device or in more than one storage container of any kind whether virtual or physical. Neither through omission of action will you allow Product to be accessed, copied, or transmitted by or to any other person or computer system.
Any license you may have shall automatically terminate if you violate any of any restriction or provision of this document, and may be terminated by Extellior at any time at no recompense to you. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any Products or materials downloaded either as a visitor or under your account or purchased by you whether in electronic or printed format.

Payments, Taxes, And Refund Policy

You agree that you will pay for all Products or Services you purchase through the Website, and that we may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING DUNNTEK WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.  Electronic or physical Products must be paid for in advance.  Any Services made available for purchase shall be handled at our discretion, but if offered on our Website, also require payment in advance.

Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital goods are taxable.

All sales and rentals of Products are final.

Prices for products offered via the Website may change at any time, and the Website does not provide price protection or refunds in the event of a price reduction or promotional offering.

If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Extellior.

You authorize Extellior to disclose your information to and engage the use of a third-party to collect any payments due to us by you, and that furthermore you shall be liable for the cost of such.

For most on-going services, we rely on automated payment services by which we may not necessarily issue an actual invoice, such as a recurring payment with a third-party payment provider.  Additional charges will apply if you would like us to create and send an actual invoice on a periodic basis.

Unless noted otherwise, all services are payable in advance and payment will be due before any services will be provided. For the minority of services which are billed after the fact, payment terms will be NET 15 unless noted otherwise.

We take electronic payment in advance [only] through our designated payment providers.  We may, at our sole discretion, accept manual payment mechanisms such as checks, on a case by case basis, and additional charges will apply.

Additional billing and payment terms may apply to individual services that we offer, and in the case of a conflict, the description that is closer to the individual service shall be superior.

Pricing

Unless we specifically offer otherwise in writing, no pricing is guaranteed beyond 30 days. Prices include only those items specifically listed. Services shall be configured and delivered in a manner consistent with our standard processes unless stated otherwise in writing. Pricing shall not include any customization or configuration beyond that which is specifically stated by us in writing.

Electronic Delivery

Some Products may only be available to you by your downloading them either from us or our contracted digital storefront after purchase. The availability of your download will be governed by the policies and practices of the digital storefront through which it was sold, which may not be directly operated by Extellior. In such case your rights will be limited to those offered by the third-party provider, and any support for problems associated with payment or the delivery of Products shall be entirely between you and the provider. Please let us know if you have such problems.

For Products sold directly by Extellior on our own website, generally, following purchase by you, Products shall be made available to you for download through our Website for a period of 7 days (“Download Window”). It shall be your obligation to download any and all Products that you have purchased within the Download Window. A total of 3 downloads are allowed within the Download Window, however, as per the license agreement the Product may not be used or stored on more than one device or transmitted to any other person or through omission of action allowed to be accessed by another person. No guarantee is made that you will be able to download the product again after the Download Window. You agree that your order is complete and all Products have been delivered to you upon the expiration of the Download Window. Should you experience any technical difficulty with downloading your Product within the Download Window, you agree that you will contact us in writing through one of the mechanisms provided on our Website before the Download Window elapses. Should you not contact us in such time and manner, your order will be considered as having been delivered to your satisfaction. The sale of Products delivered through such mechanisms is considered final.

Inspection Period

Except as stated below or otherwise in a product description, any customized product or service provided to you at cost shall have a 24 hour inspection period. A customized product or service shall be defined as one in which the contents of the files delivered were uniquely modified in some manner as directed by you or in association with your purchase. Should you not notify us before the inspection period has elapsed then the product or service will be considered to have been delivered to your satisfaction and any subsequent requests for changes may carry additional cost. Upon receipt of notice by you, we’ll examine the situation to see if we messed up, and if so, we’ll fix it. However if we delivered in accordance with your specifications, then any changes may require additional cost. Any products or services provided at no cost to you shall have no inspection period and you shall have no rights in connection with such products or services. This provision shall apply only to work performed to create custom products for you, and shall not apply in any way to the sale of any Products or Services that are considered “stock” and may be sold in the exact same format to others.

Restricted Uses
Products listed or advertised on the Website can be used only for lawful non-commercial purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Extellior without express composed consent. You might not use any meta tags or any various other “unseen text” utilizing Extellior’s name or trademarks without the express written consent of Extellior. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Extellior, in other way that is likely to trigger confusion among consumers, that disparages or challenges Extellior or its licensors, that dilutes the strength of Extellior’s or its licensor’s residential property, or that otherwise infringes Extellior’s or its licensor’s copyright rights. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that Extellior develops to generate or show any Material of the pages making up the Site is likewise secured by Extellior’s copyright, and you may not copy or adjust such code.

Extellior has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.

If alerted by a User of any products which allegedly do not conform to these Terms, Extellior could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Extellior has no liability or duty to Individuals for efficiency or nonperformance of such activities.

Electronic Communication
You are connecting with us electronically when you go to the Site or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing. Any communication by you to Extellior, or to any third-party used by Extellior as a means of communication with you, becomes, in its entirety, Extellior’s property which it may use at its discretion, without limitation, and with no obligation to you, including any of your trademarks, images, or other content contained therein, and you indemnify and hold blameless Extellior for such use. You communication with us using a business email account shall confer on Extellior the right to use your company logo and name insofar as listing you as a Extellior customer, which permission you may revoke in writing at any time.

Your Account
If you utilize the Website, you are accountable for maintaining the confidentiality of any account you may create and its password, and you accept full legal responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature (“Personal Data”) from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. Extellior additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it’s sole discernment. In the event of any activity occurring with your account which leads to any loss of sales or other damages to Extellior, you shall reimburse Extellior in entirety including any associated legal defense costs or lost business.

Extellior does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, including Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

You accept liability for any use or access of our Website from any computer, network device, tablet, smart phone, embedded device, thing with a networking capability, or any other electronic device which possesses the ability to access any part of our website in any means, that you may use, own, control, be in possession of, or have through any action, direct or indirect, caused or passively allowed to have occurred, knowingly or not, a means of accessing our website.

Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of “spam.” You may not use another User’s account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. Extellior books the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.

If you post an evaluation or send comments or email to us, and unless Extellior suggests otherwise, you grant Extellior a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant Extellior and sublicensees the right to utilize your name in connection with such Material, if they pick. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify Extellior for all claims resulting from Content You supply. Extellior has the right but not the obligation to edit and keep track of or eliminate any task or Material. Extellior takes no duty and assumes no liability for any content published by You or any 3rd party.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Extellior reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, 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, as allowed under our Privacy Policy.

Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website or Products does not grant you ownership or other rights of any kind in our Website. Any submissions by you to our Website become our exclusive intellectual property, such as statements made in public forums or product reviews, or emails to us, which we may then retain and use as we see fit, without limitation, which ownership shall survive any termination of your relationship with Extellior. Furthermore your use, depiction, representation, or embedded use of trademarks or copyrights owned by yourself or the company which by law you may be seen as an agent of, shall be considered as having been submitted to us for the purpose of granting us the full legal unlimited and non-compensated right of re-use at our discretion.

Non-Exclusive Rights

Extellior may, at time, deliver certain products or services which are considered “stock-based” which means that we may take existing products or services and tailor them to your needs in a non-exclusive agreement; you will be delivered a customized version, but you shall not have any rights to the original stock upon which your delivered product is based. In all cases, Extellior shall retain all ownership, rights, and intellectual property with any and all products or services except as may be specifically agreed between us otherwise in writing. In some cases we may sell exclusive rights at additional cost.

Revisions and Errata
The materials appearing on Extellior’s web site could include technical, typographical, or photographic errors. Extellior does not warrant that any of the materials on its web site are accurate, complete, or current. Extellior may make changes to the materials contained on its web site at any time without notice. Extellior does not, however, make any commitment to update the materials. You indemnify and hold Extellior blameless for any such errors or omissions.

Website Design and Hosting

Extellior may, in its sole discretion, design and host websites for customers under certain circumstances.  Should you enter into an agreement with us for website design and/or managed website hosting, you agree to the additional terms located here:  https://extellior.com/website-hosting-terms/

Disclaimer
The materials on Extellior‘s web site are provided “as is.” Extellior makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Extellior does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. The Site serves as a venue for Individuals to purchase distinct service or products. Neither Extellior nor the Site has control over the quality or fitness for a particular function of a product. Extellior likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.

THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Extellior ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Extellior MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS SITE OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE DANGER.

TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Extellior DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. Extellior DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Extellior ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. Extellior WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL Extellior’S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $1.

Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Extellior has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Letter of Agency, Media Release

You authorize us to act on your behalf without limitation as may be needed to fulfill any services we agree upon, such as purchasing a domain name that contains your company name or other trademarks.

We may engage with you to provide information about your company and its activities to public news media. You agree that, in the event we agree to provide you with such services, you specifically request and authorize that we act on your behalf, which authorization shall include, but not be limited to, use of your company name, trademarks or graphical logo’s, and any non-confidential company information that you disclose to us for such purposes, and interacting with third-party media outlets so that we may help develop and then publicly release statements about your company.

While in general we endeavor to ensure such messages have your approval prior to release, you recognize that there may be circumstances in which such final approval may not be possible or practical and could result in an inaccuracy, for which we offer the remedy of taking reasonable action, in our judgment, to correct such inaccuracy. However, in the event that a media release occurs which you reviewed prior and there is an inaccuracy even after your review, you acknowledge that additional charges will most likely apply and that in some cases an updated release may be the only avenue available once a release has been made public.

You also affirm that should we conduct a media or press release containing the names or other information about your employees, that you have obtained full written legal media release from such employees in advance. You affirm that your payment to us affirms that you have requested us to provide such services, as such, you accept full legal responsibility for any media activity.

Site Terms of Use Modifications
Extellior may revise these Terms at any time without notice. By using the Website or any Product or Service you are agreeing to be bound by the then current version of these Legal Terms, in a manner that, in our sole discretion, shall be considered to be retroactive and which could affect rights or obligations that may have previously had.

Waiver of Rights

You hereby waive any and all rights, privileges, or entitlements, financial or otherwise, that are not specifically granted to you in these terms.

Governing Law
Any claim relating to Extellior’s web site shall be governed by the laws of North Carolina without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.

Indemnity
You defend, indemnify, and hold safe Extellior, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, real or perceived, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from, but not limited to, any access or use of our Website, Content, Material, Products, Hosting, or Services.

Amendment

In some cases an Amendment may be needed to explain additional legal and financial rights and obligations associated with specific services we provide. In such case, you agree that any such applicable Amendment shall be considered to be incorporated into these Legal Terms and the terms of such Amendment shall take precedent over any language in these general Legal Terms in the event of any conflict.

General Terms
Our Legal Terms shall be treated as though it were executed and performed in North Carolina, United States and shall be governed by and construed in accordance with the laws of North Carolina, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms 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 any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Extellior under our Legal Terms shall survive the termination of our Legal Terms.