Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS SUCH TERMS AND CONDITIONS GOVERN YOUR USE OF THE ACXSS WEBSITE.
BY CONTINUING TO USE THE ACXSS WEBSITE YOU ARE ACCEPTING WEBSITE (The “Site” or “Website”) YOU ARE ACCEPTING
THE THESE TERMS AND CONDITIONS. Access to and use of the ACXSS website are subject to the following terms and conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not review any content or use the site in any manner whatsoever. ACXSS reserves the right to update or change these Terms and Conditions at any time by posting the most current version of the Terms and Conditions on the website. Your continued use of the Site after we post any changes to the Terms and Conditions signifies your agreement to any such change. If you do not agree to these Terms and Conditions, you must immediately discontinue use of the Site. Purpose The ACXSS site provides information regarding the products and services of ACXSS LLC. This may also include links to various third-party vendors and suppliers through the Site, as well as information that is pertinent to the ACXSS community. Proprietary Rights The entire content of this site, including, but not limited to graphics, text, logos, button items, icons, images, data compilation and all other materials (collectively, the “Marks”) is owned by ACXSS or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. ACXSS owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site. ACXSS Marks may not be used in connection with any product or service that does not belong to ACXSS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ACXSS. You agree not to use any Marks for any purpose at all without the appropriate prior written authorization of ACXSS, which may be withheld in ACXSS’ sole discretion. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without ACXSS’ prior written consent or the appropriate third party owner’s consent. No License Granted Except for allowing you to use the Site for its intended use, you understand and acknowledge that you are not receiving a license or any other rights from ACXSS, including, but not limited to any intellectual property or proprietary rights Modifications of Products and/or Services ACXSS may add, modify, discontinue and/or terminate any of the Products, Product Websites, Services and or Content, or any portion thereof, for any reason, at any time, at ACXSS’ sole and absolute discretion. Governing Law, Jurisdiction and Venue This Agreement shall be governed by, and construed in accordance with, the laws of the State of Nevada, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Clark, Nevada. In any litigation, arbitration or other proceeding relating to this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees.
If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. You shall not assign Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Company’s prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. The provisions of this Agreement shall be deemed to be the result of arms length negotiations between and among the parties, and it shall not be construed strictly for or against any party. Arbitration YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ACXSS, INCLUDING BUT NOT LIMITED TO ACXSS’ PARENTS, AFFILIATES, SUBSIDIARIES, MANAGERS, OFFICERS, DIRECTORS, OWNERS AND EMPLOYEES, RELATED COMPANIES, AND/OR ANYONE ELSE ACTING ON BEHALF OF COMPANY, ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS IN TORT OR CONTRACT LAW, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION THROUGH ADR SERVICES, INC OR A COMPARABLE ARBITRATION ASSOCIATION AS MAY BE DETERMINED BY THE MUTUAL CONSENT OF THE PARTIES OR BY AN ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. No Warranty by ACXSS YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCTS, PRODUCT WEBSITES AND/OR CONTENT IS ENTIRELY AT YOUR OWN RISK. ALL PRODUCTS, PRODUCT WEBSITES AND/OR CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. ACXSS AND ITS PRODUCTS OR SERVICES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE INFORMATION CONTAINED IN THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM ACXSS DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. OTHER THAN THE ITEMS EXPRESSLY AND CLEARLY SET FORTH IN THESE TERMS AND CONDITIONS, COMPANY MAKES NO WARRANTY THAT: (I) THE PRODUCTS OR SERVICES WILL BE PROVIDED ERROR-FREE; (II) THE EXECUTIONS, EFFECTIVENESS, SUCCESS OR RESULTS OF ANY AND ALL THIRD PARTY VENDORS CONTRACTED BY ACXSS TO PROVIDE SERVICES TO YOU; AND, (III) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL PROVIDE FOR ANY COST SAVINGS BENEFIT OR BE RELIABLE IN NATURE. Indemnity You agree to defend, indemnify, and hold harmless ACXSS from and against any third party claim arising from or in any way related to your use of the Products, Product Websites, Services and/or Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature Limitation of Liability UNDER NO CIRCUMSTANCES WILL ACXSS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS AND USE OF, OR INABILITY TO USE, THE PRODUCTS, SERVICES, PRODUCT WEBSITES, CONTENT OR ANY INFORMATION PROVIDED ON THE SITE OR INABILITY TO USE, OR RELIANCE UPON ANY OF THE PRODUCTS AND SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL APPLY TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON ACXSS, THEN YOU AGREE THAT ACXSS’ TOTAL LIABILITY TO YOU FOR ANY AND ALL OF YOUR LOSSES OR INJURIES DETERMINED TO BE A DIRECT RESULT OF ACXSS’ ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ACXSS. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ACXSS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM (FOREIGN OR DOMESTIC), GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. Notices All notices or other communications to Company hereunder shall be in writing, delivered by: (i) email transmission, (ii) by courier, or (iii) by overnight mail. Notice shall be deemed given when verifiably delivered to the address specified below or such other address as may be subsequently specified in a written notice in accordance with this Section. ACXSS, LLC
2595 Fremont Street Las Vegas, NV 89104 Company may provide you with notices regarding the Products and Services, Product Websites, and/or Content or these Terms and Conditions by regular mail, email, or postings to the Company Website. Entire Agreement/Miscellaneous These Terms and Conditions and other policies ACXSS may post as set forth herein constitute the entire Agreement between ACXSS and you in connection with your use of the ACXSS Websites (if applicable), the Products and/or Services, and the Content, supersede any prior versions of the Terms and Conditions, if applicable. ACXSS may update these Terms and Conditions from time to time by posting revised Terms and Conditions on this Website or the Product and Services Websites without notice to you, and your subsequent use of the Products, Services, Product Web Sites, and/or Content is governed by those new Terms and Conditions. The Terms and Conditions are effective until terminated by ACXSS or as otherwise set forth in this Agreement. In the event of termination, the Copyrights, Trademarks, Disclaimers, Governing Law, Jurisdiction and Venue, Arbitration, and Limitations of Liability provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this or any Product or Service Websites or otherwise, these Terms and Conditions will control. The section headings are for convenience only and do not have any force or effect.