1. ACCOUNT INFORMATION
You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You agree to immediately notify Cedexis of any unauthorized use of your account or any other breach of security.
2. ACCEPTABLE CONDUCT
You agree that you are responsible for maintaining your own account. You agree that you are responsible for the conduct of all users of your account. You agree to use Cedexis services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines.
3. PROHIBITED USAGE
You agree that any of the below activities are considered prohibited usage and will result in immediate account cancellation or suspension without a refund and the possibility that Cedexis will impose fees and/or pursue civil remedies without providing advance notice.
- Attempting unauthorized and/or illegal access of accounts not belonging to party seeking access.
- Any act which interferes with the services of another user.
- Any act relating to the circumvention of security measures.
- Engaging in illegal activities.
- Engaging in activities that interfere with or disrupt Cedexis services or servers or networks connected to Cedexis services.
- Providing false information on any contact form or application, including fraudulent use of credit card numbers.
4. ACCOUNT CANCELLATION OR SUSPENSION
Cedexis may cancel or suspend your access to Cedexis services at any time, without notice, for prohibited usage or other good cause. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to application or history data that you stored on the service after we cancel or suspend the service.
5. CHARGES AND BILLING
Unless billing and payment are otherwise arranged, recurring monthly charges will be billed in advance for the coming month. Any additional charges, such as bursting/overage fees for past months, or professional services, will be billed at the completion of the applicable service period. The monthly recurring charges are billed in full on the first day of the month.
If you pay by credit card, Cedexis is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Cedexis. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
We reserve the right to change our fees, but will notify you in advance of increases. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CEDEXIS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE CEDEXIS SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO CEDEXIS SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF CEDEXIS AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE CEDEXIS SERVICES , UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THREE TIMES ONE MONTHS RECURRING FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.
7. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
8. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF CEDEXIS SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY CEDEXIS ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTESS APPLIED.
You agree to defend, indemnify and hold harmless Cedexis, Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Cedexis services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Cedexis services.
You agree that Cedexis may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Cedexis websites.
11. GENERAL INFORMATION
- Choice of Law and Forum. The Terms of Service and the relationship between you and Cedexis shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and Cedexis agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Multnomah, Oregon.
- Waiver and Severability of Terms. The failure of Cedexis to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.