Welcome to the user agreement (the "Agreement" or "User Agreement") for Elexity.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.elexity.com (the "Site") and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

If you have any questions, please refer to our User Agreement F.A.Q.s (Frequently Asked Questions).

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Elexity.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an Elexity.com user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of other Elexity.com websites will be governed by the User Agreement and Privacy Policy posted on those websites.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and Elexity.com. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on November 1st, 2004 for all users.

1. Membership Eligibility.
   Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Elexity.com members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Elexity.com account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.


2. Fees and Services.
   Elexity.com charges a monthly service fee in accordance with the subscription package that you register for. Fees are charged on the monthly anniversary date, each month, commencing on the date you first register with Elexity.com. Additional fees incurred as a result of using additional or optional services will be accrued and invoiced along with the monthly subscription fee on the monthly anniversary date, each month, within the month that the additional service completed in. Our Fees and Services Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Services Policy and the fees for our services from time to time at our discretion. Our changes to the policy are effective immediately upon notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Services Policy and the fees for our services for promotional events (i.e. promotional discounts) and such changes are effective when we post the temporary promotional event on the Site.. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars ($). You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.


3. Elexity.com is an Application Service Provider.
   
   1. Service Provision. This Site acts as a venue to allow anyone to efficiently manage client retention, analyze business operations, implement custom marketing campaigns and manage customer relationships, at anytime, from anywhere, in a variable price format. We are not, in any way, involved in the actual transaction that may arise between users and their respective clients. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the advertisement, the ability of users to sell advertised items or the ability of clients to pay for advertised items. We cannot ensure that a user or client will actually complete any transaction as a result of using the services provided by Elexity.com.
   
   
   2. Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Elexity.com cannot and does not confirm each user's purported identity.
   
   
   3. Release. Because we are a venue, in the event that you have a dispute with one or more users of Elexity.com or with the clients and/or recipients of your own Elexity.com account, you release Elexity.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
   
   
   4. Information Control. All materials provided on this Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Elexity.com or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of Elexity.com and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Elexity.com or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Site on any other server without Elexity.com's prior express written permission.
      
      Except where expressly provided otherwise by Elexity.com, nothing on this Site shall be construed to confer any license under any of Elexity.com's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Elexity.com. Elexity.com does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Elexity.com.
      
      Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.


4. Breach.
   Without limiting other remedies, we may limit your activity, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.


5. Privacy.
   We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available to all. If you object to your Information being transferred or used in this way please do not use our services.


6. Disclaimer.
   EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY Elexity.com, THE MATERIALS ON THE SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND Elexity.com HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Elexity.com MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE SITE.


7. Liability Limit.
   Elexity.com SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL Elexity.com BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE, EVEN IF Elexity.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF YOUR DATA USED IN CONNECTION WITH THE SITE AND YOU WILL NOT MAKE A CLAIM AGAINST Elexity.com FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD Elexity.com HARMLESS FROM, AND YOU COVENANT NOT TO SUE Elexity.com FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE SITE.


8. Intellectual Property.
   Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Elexity.com. Elexity.com, the Elexity.com logo, and/or other Elexity.com products referenced herein are trademarks of Elexity Systems, LLC., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. Copyright © 2004 - 2010 Elexity Systems, LLC., 1208 Poinsettia Drive, Los Angeles, CA 90046. All rights reserved worldwide.


9. Indemnity.
   You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.


10. Legal Compliance.
    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.


11. No Agency.
    You and Elexity.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


12. Notices.
    Except as explicitly stated otherwise, any notices shall be given by postal mail to Elexity.com Attn: Legal Department, 1208 Poinsettia Drive, Los Angeles, CA 90046 (in the case of Elexity.com) or to the email address you provide to Elexity.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Elexity.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.


13. Resolution of Disputes.
    In the event a dispute arises between you and Elexity.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Elexity.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
    
    1. Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Elexity.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
    
    
    2. Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California or where the defendant is located (in our case Los Angeles, California, and in your case your home address or principal place of business). You and Elexity.com agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California.
    
    
    3. Alternative Dispute Resolution. Alternatively, Elexity.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Los Angeles County, California or another location mutually agreed upon by the parties.
    
    All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.


14. General.
    This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Elexity.com in accordance with Section "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections "Fees and Services" with respect to fees owed for our services, "Release", "License", "Access and Interference", "Liability Limit", "Indemnity" and "Resolution of Disputes" shall survive any termination or expiration of this Agreement.


15. Disclosures.
    The services hereunder are offered by Elexity.com, located at 1208 Poinsettia Drive, Los Angeles, CA 90046. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. For fees for our services, Click here.

Disputes between you and Elexity.com regarding our services may be reported to Customer Support emailing support@elexity.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Additionally, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the Elexity.com at (888) 771-6074.