Terms of Service
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These Terms of Service ("Terms") govern the relationship between you that will be referred herein as ("Enduser(s)") and Explait, LLC which will be referred herein as Explait. Each Enduser is subject to these Terms, and by using Explait's services, network and/or systems (collectively the "Services"), Enduser agrees to be bound by the usage policies and other policies contained in these Terms. These Terms supplement the individual service agreement of each Enduser, if any.
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Enduser represents and warrants that, if an individual, Enduser is at least 18 years old, or, if an entity, Enduser is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing where required to do business with all legal authority and power to accept these Terms. Enduser agrees to provide complete, accurate and current information to Explait in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Endusers of paid services offered through Explait must be at least 18 years of age, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minors use of the Services. Subscribing parents and legal guardians assume full responsibility and liability associated with a minor's use of any of the Services.
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Explait reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice. Endusers may view the most current version of these Terms at http://www.explait.com. Enduser's use of the Services after changes, modifications, additions or deletions to these Terms are posted on the Explait website will constitute Enduser's acceptance of any such changes, additions, modifications or deletions. If you do not agree to any such alterations to these Terms, your sole and exclusive remedy is to cancel your account as set forth in section labeled "CANCELLATION OF SERVICES, REFUND POLICY" below.
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Notwithstanding Explait's right to alter these Terms without prior notice, Explait may typically make, within its sole discretion and as a courtesy to all affected Endusers, reasonable efforts to provide Endusers with 7 days advanced notice of any alteration of these Terms that may materially and adversely impact an Enduser's use of the Services.
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TERM, PAYMENT, ACCOUNT RENEWAL
Term of Service. The term of Enduser's subscription to the Services commences upon Enduser's acceptance of these Terms and terminates as set forth in this agreement.
Payment. Enduser agrees to pay all fees for Services upon upgrading to higher subscription level of Explait or upon renewal of the existing subscription. Explait may be made available for free by many partners in which case the Enduser does not need to pay Explait for the use of Explait.
Authority. In the event Enduser is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Explait Services on behalf of Enduser certifies that he/she has the authority to bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Enduser's acceptance of all other Terms set forth herein.
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CANCELLATION OF SERVICES, REFUND
POLICY
Cancellations. The Enduser may cancel their account/license at any time from the Account Profile.
Refunds. One month license is not eligible for refund. An annual license can be offered a pro-rated refund of any positive balance on the account within one month of purchase of the license by contacting the Explait Billing team at billing@explait.com
Lifetime (also called an "owned" or "one-time" license) can be refunded within one month of purchase of the license by contacting Explait Billing team at billing@explait.com
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PROPRIETARY RIGHTS
These Terms do not give Enduser any rights to Explait intellectual property or technology. Explait and related trademarks and logos are the exclusive property of Explait. Explait and Enduser agree that neither will, directly or indirectly, reverse engineer or decompile source code or trade secrets of the other party. Notwithstanding, nothing herein shall bar Explait from using any knowledge, information or skills that are generally known or that can be reasonably acquired.
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SECURITY
Explait uses sophisticated means of security in connection with the Services. Explait will not be liable for any loss or damages of any kind, under any legal theory.
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PRIVACY POLICY
Please read our Privacy Policy for this section.
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COOKIE POLICY STATEMENT
General Purposes. Explait uses cookies to help us improve our website and web services, and, most importantly, to provide our existing Endusers with the opportunity for continued savings and increased convenience.
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Cookies for Improving Our Web Site. Explait may use cookies to inform us of a repeat visit. The cookie does not tell us who you are, your name, email address, or Passwords.
Cookies for Enduser Account Management. For our Endusers, Explait may use cookies to store user names for added convenience to the Enduser. As part of our services, Explait offers password-protected web-based management tools. (The cookie does not store Passwords.) Explait is dedicated to using the newest technologies in order to simplify our Endusers' experience.
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GENERAL POLICIES
Monitoring and Disclosures. All activities may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, Explait does not monitor its Endusers' websites or activities to determine whether they are in compliance with these Terms. However, when and if Explait becomes aware of any violation of these Terms, Explait may take any action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet, and/or removing information. In addition, Explait may take action against an Enduser or an Enduser of such because of the activities of such Enduser. Explait reserves the right to take any such action even though such action may affect other Endusers of the Enduser. Explait may disclose any information in its possession, including, without limitation, information about Endusers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect Explait or others from harm, and/or to ensure the proper operation of the Services. Explait has no obligation to notify any person, including the Enduser about whom information is sought, that Explait has provided the information.
Reservation of Rights. Explait reserves the right to refuse and cancel service to any Enduser for any lawful reason at any time during Enduser's Term of Service.
Copyrights. Any trademarks, code, and/or scripts, specific data is directly owned by the respective copyright holders.
Third Party Library Support. Explait cannot guarantee that the latest version currently provided is the latest one being distributed by the vendor, however Explait will always try to offer the latest stable version of available by third party library providers. Explait reserves the right to discontinue applications and services managed by Explait at any time. Explait may, at its discretion, choose not to offer a specific version for upgrade if the risk of data loss is unacceptably high, or for any other reason deemed valid by Explait. Upgrades to and from Beta/Release Candidate versions may not be available.
Post Process Support. Explait does not provide support for the Enduser implementation of an application and/or service once the application has been successfully installed; Explait provides support only for applications and services that Explait created. Any support requests regarding actual use of the application and/or service must be directed to the (support.html or an email to support@explait.com.
Data loss. Due to the automated nature of the Explait Services and the possibility of data corruption and loss due to internal and external influences, use of the Services is "at your own risk." The Enduser shall not hold Explait responsible for any loss of data that occurs from the use of the Services. It is the Enduser's responsibility to back up all data before use of the Services.
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WHO WE ARE
We are a software and IT services company. Please find our address below : 2109 English Foxhound Trail, Zebulon, North Carolina 27597 United States.
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WARRANTY
DISCLAIMER-LIMITATIONS-INDEMNIFICATION
Warranty Disclaimer. YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. Explait HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY Explait OR Explait'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, Enduser SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. Explait DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. Explait DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Explait DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Explait IN PARTICULAR.
Limitations on Explait's Liability. Explait SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL Explait BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT Explait HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Explait SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. Explait'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL Explait LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO Explait FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR Explait MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Explait'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of Explait. You agree to defend, indemnify and hold Explait, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Explait's own negligence. Explait reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
IF YOU DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT.