Xtreme Automator User Agreement

These Terms and Conditions (this “Agreement”, “Master Agreement“) is a legal agreement between Xtreme Websites, LLC a Maryland corporation (“Xtreme”, “us” or “we”), and the business by which the individual accepting this Agreement is employed or otherwise engaged (the “Client” or “User”). Xtreme and Client are each referred to herein as a “Party,” and collectively as the “Parties.”

This Agreement, together with any other applicable terms and conditions referenced herein, governs in its entirety the relationship between Xtreme and the Client in connection with the Products (as defined below) for which Client has purchased a subscription.  By clicking a box or link indicating your acceptance, you agree to the terms of this Agreement. If you do not agree with the terms of this Agreement, you must not accept this Agreement, and you will not be permitted to use any of the Products or exercise any of the other rights set forth herein.

1. Products.

1.1 Product Subscriptions. Xtreme offers its clients subscriptions to various products and services (each, a “Product”). Use of Products is subject to additional technical standards, content rules and other terms and conditions (of both Xtreme and its Partners (as defined below) (collective, the “Xtreme Automator Product Terms”). The Product Terms are provided in Schedule 1, attached hereto. These terms are incorporated into and form a part of, this Agreement

1.2 Integration Requirements. The Client is required to integrate certain third-party properties into the base plan. These properties pertain to emails, phone systems, calendars, payments, analytics, and Google properties. These integrations form a crucial part of the initial setup and are vital to ensure the smooth functioning of our services. Detailed instructions will be provided by the Agency to assist the Client with this task. Failure to complete these steps will result in the inability to use some platform features and a delay of done-for-you services.

1.3 Telecommunication Charges and Usage Policy. For accessing functionalities such as Email, Call, SMS, and AI, the Client is required to have an active and functional card on file to account for all associated telecommunication charges. These charges are relatively minimal (typically under one cent) and are billed based on a usage credit system akin to EZpass. A detailed overview of the usage-based fees can be seen here.

1.4 Implementation at Client’s Request. Xtreme may from time to time, at the request of the Client, assist Client with the implementation of certain features that are a part of the Products. This may include interaction with the Client’s website and webpages. Any such assistance provided by Xtreme is at the Client’s own risk. XTREME SHALL HAVE NO LIABILITY FOR THE AVAILABILITY OF OR ANY CHANGE IN THE CLIENT’S WEBSITE OR TO ANY CLIENT CONTENT OR OTHERWISE IN CONNECTION WITH SUCH ASSISTANCE.

2. Fees and Payment.

2.1 Fees. By purchasing a subscription, you agree to any fee and payment terms that are described herein and/or during the online registration process. Any Product fees are exclusive of any sales, taxes, levies, duties or similar governmental assessments (other than taxes on Xtreme’s income). Client is responsible for paying any Taxes associated with its purchases hereunder. Purchased subscriptions may not be cancelled during the subscription term and any fees paid are nonrefundable. Client agrees that its purchases are not contingent on Xtreme’s delivery of any future functionality or feature.

2.2 Provision of Credit Card Information; Payment Terms. You will be required to provide Xtreme with a valid credit card number upon registration for a subscription. You hereby warrant and represent that you have the authority to provide such credit card information to Xtreme and shall be responsible for all charges made thereto. Xtreme will bill your credit card in advance of each Billing Period (as defined below) for the fees incurred for such Billing Period, as well as for any outstanding balances. Your “Billing Period” will be specified by Xtreme at the time of registration, though Xtreme reserves the right to change the term of future Billing Periods at any time. Failure of direct debit payments will result in automatic email/call notifications to Client. If payment is not completed after 15 days of being overdue, a late fee of $30 or 3% late fee will be assessed (whichever is greater). If any amount owed by you under this Agreement is overdue, Xtreme may, without limiting our other rights and remedies, suspend your access to the Products until such amounts are paid in full. In addition, you are responsible for paying any reasonable expenses and attorneys’ fees that Xtreme incurs in connection with collecting late amounts. Notwithstanding the termination provisions set forth in Section 4.2, if your access to the Products has been suspended for a period of fourteen (14) days or more for an overdue payment pursuant to the preceding sentence, Xtreme may, upon notice to you, immediately terminate this Agreement and cancel your account.

2.3 Automatic Renewal.  Xtreme will automatically renew each of your product subscriptions and charge your credit card at the beginning of each subscription renewal period, so long as your subscription has not been cancelled. The automatic charge to your credit card will occur at the commencement of each subscription renewal.  You acknowledge that the amount billed each Billing Period may vary for reasons such as promotional rates no longer being applied, changes in your subscription (for example, changes in the number of your locations under your subscription), changes in the amount of applicable sales tax or other reasons; and you authorize us to charge your credit card for such varying amounts. Xtreme may also periodically pre-authorize your credit card in anticipation of account or related charges.

3. Use of the Products.

3.1 Right to Use. Xtreme and Partners hereby grants Client a limited, non-exclusive, non-transferable right to access and use the Products that Client has subscribed to solely in connection with Client’s legitimate business needs. This right will terminate in the event the applicable subscription is not renewed or this Agreement is terminated pursuant to Section 4.2, in which case Client will immediately cease any further use of the Products. Client is solely responsible for all use of the Products through any of its account(s).

3.2 Proprietary Rights. Xtreme technology partners own and retain all rights, title and interest (including all intellectual property rights) to the Products herein. Xtreme has the right to use all aspects of the technology and any software or other marketing materials in connection with the delivery of the Products hereunder.  

3.3 Usage Restrictions. Client’s use of the Products is limited solely to those rights granted in Section 3.1. Client will not (i) copy, prepare derivative works of, decompile or reverse engineer any Product, or any portion of any of the Products, (ii) use the Products to store or transmit any malware, or for any unlawful or fraudulent purpose, or (iii) sell, resell, license, sublicense, distribute, rent or lease any Product.  Client will not remove any trademark, copyright, or other proprietary rights notices which appears on the Products.  In addition, Client will not use the Products for any unlawful or fraudulent purpose including, but not limited to: (a) impersonating any person or entity, (b) harvesting or collecting any personal information in violation of applicable law or (c) promoting any product, service or business that is unethical, obscene or in violation of any applicable law or regulation.

3.4 License to Client Content. Client hereby grants Xtreme non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of Xtreme’s business), perpetual, irrevocable, unlimited use rights (or a subset of such rights) to use, distribute, copy, publish, syndicate, reformat and update (for example, to improve accuracy and/or standardize formats) any and all business listing and other information or content that is made available by or on behalf of you in connection with your use of the Products (“Client Content”). Xtreme may sublicense this right to any Partners and other online partners. This license will survive any termination or expiration of this Agreement. Client acknowledges and agrees that Xtreme shall be the source of record for Client’s business listing information and that Client will only make available information that it knows to be true.

4. Term and Termination

4.1 Term. This Agreement is effective as of the date you register for a subscription (the “Effective Date”) and shall continue for a period of twelve (12) months (the “Initial Term”). Initial term may vary if the subscription is part of a larger All-Inclusive Service Agreement, at which point that agreement’s term will take precedence over this. After the expiration of the Initial Term, this Agreement shall renew automatically for a period of twelve (12) months, unless a prior cancellation request is received from client in accordance with this Section 4.2.

4.2 Termination. Either Party may terminate this Agreement and disconnect some or all of the Products at any time for convenience upon notice to the other Party to be effective at the end of your current subscription period (such cancellation notice may be provided through the client area at http://xtremeplatform.com). In the event of early termination, an early termination fee of 25% of remaining term balance will be applied to the account. In addition, Xtreme may, upon notice to you, immediately terminate this Agreement and cancel your account in the event of your material breach of this Agreement.

5. Disclaimer and Limitation of Liability. THE PRODUCTS PROVIDED BY XTREME IN CONNECTION WITH THIS AGREEMENT ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, XTREME MAKES NO, AND DISCLAIMS ALL, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. THE XTREME PRODUCTS AND XTREME WEBSITE, AND OTHER WEBSITES, DATABASES AND/OR THIRD PARTY PROGRAMS CONTAINED WITHIN THE PRODUCTS, MAY CONTAIN BUGS, ERRORS, PROBLEMS AND/OR OTHER LIMITATIONS. XTREME HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR ANY CHANGES MADE TO THE CONTENT OF YOUR WEBSITE AS A RESULT OF XTREME’S ASSISTANCE IN IMPLEMENTING ANY PRODUCT FEATURES, ANY OTHER PARTY’S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY’S USE OF, OR INABILITY TO USE, XTREME WEBSITES, DATABASES AND/OR PROGRAMS. XTREME DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT ANY OTHER PARTY’S SECURITY METHODS, PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY’S USE OF XTREME’S WEBSITE, DATABASES AND/OR PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL XTREME OR ANY PARTNER BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, EVEN IF XTREME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XTREME WILL NOT BE LIABLE, OR CONSIDERED IN BREACH OF THE AGREEMENT, ON ACCOUNT OF A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT, AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND XTREME’S CONTROL. IN ADDITION, AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, XTREME’S MAXIMUM, CUMULATIVE LIABILITY UNDER ANY CAUSES OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE WILL NOT EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE TOTAL PRICES PAID BY CLIENT TO XTREME UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD PRIOR TO THE DATE ON WHICH THE FIRST CLAIM ARISES. To the extent any liability of Xtreme cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable law.

6. Indemnification. Client will defend, indemnify, and hold harmless, Xtreme, its third party licensors and Partners, and its affiliates, and each of its and their respective officers, directors, members, managers, employees, sublicensees, contractors and agents (collectively, “Indemnified Parties”) from and against any and all claims, actions, losses, liability, damages, fines, costs, and expenses (including reasonable attorney’s fees and expenses) arising from or related to: (a) any breach of the Agreement by you (including, but not limited to, any representations and warranties made herein); (b) any violation of any law or regulation arising from or in connection with your subscription; (c) any allegation arising from or relating to any Client Content, including, but not limited to, any allegation that any Client Content infringes or otherwise violates any trademark, trade name, service mark, copyright, license, trade secret, right of privacy or publicity or other intellectual property or proprietary right of any third party, constitutes false advertising, is defamatory and/or is in violation of any law or regulation; (d) any claim by any third party related to you or your products, services, webpages, websites or business; and/or (e) any third party dispute with you, including, without limitation, any injury suffered by a third party at your place of business or any other related issue.

7. Representations and Warranties. You represent, warrant and covenant that at all times during the term of this Agreement:

• the individual accepting this agreement is authorized to act on behalf of you and to bind you to this Agreement;
• you have the full power and authority to conduct your business, to enter into this Agreement, and to perform your obligations under this Agreement;
• you have obtained, and grant to Xtreme, sufficient rights to access and use the Content necessary to deliver the Products in accordance with this Agreement;
• your execution, delivery and performance of this Agreement will not conflict with or violate: (a) any provision of law, rule, regulation, industry guidelines or codes of conduct to which you or your activities are subject; (b) any order, judgment or decree applicable to you; (c) any provision of your organizational documents; or (d) any agreement or other instrument applicable to you; and
• you will comply with all applicable federal, state and local laws, rules, regulations, court orders, judgments and decrees.

8. General Provisions.

8.1 Promotional Materials.  During the term of this Agreement, Xtreme may use Client’s name and logo for the purpose of referring to Client as a Xtreme client on Xtreme’s website and in its other promotional materials.

8.2 Policies. Client’s participation in any subscription shall be subject to all applicable Xtreme policies including, without limitation, the Privacy Policies posted on any Web Site on which Client listings are published, and any applicable Web Site specification requirements (collectively, “Policies”). The Policies may be modified by Xtreme at any time. The latest Policies can be found on this page. You should review the Policies regularly. By your continued participation in a Product subscription, you agree to all of the associated terms and conditions contained within the Policies effective at that time.

8.3 Representatives. Except as where otherwise stated, each Party is permitted to use contractors, agents and professional advisors (“Representatives”) in connection with this Agreement, but it is liable for their acts and omissions.

8.4 Force Majeure. In the event that either Party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the Party invoking this provision, the affected Party’s performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.

8.5 Waiver. The waiver by either Party of a breach or a default of any provision of this Agreement by the other Party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such Party.

8.6 No Agency; Independent Contractors. Nothing contained in this Agreement shall be deemed to imply or constitute either Party as the agent or representative of the other Party, or both Parties as joint venturers or partners for any purpose.

8.7 Governing Law and Forum. This Agreement, and any disputes arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of the State of Maryland, U.S.A, without regard to its choice of law provisions. If for any reason a claim proceeds in court rather than in arbitration, each of the Parties hereby waive any right to a jury trial and irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts located in Montgomery County, Maryland, U.S.A for any such disputes, and hereby irrevocably waive any objections to the laying of venue in such courts.

SCHEDULE 1: XTREME AUTOMATOR PRODUCT TERMS

Your use of Agency’s products, software, services and websites (referred to collectively as the “Product” or “Platform” ) is subject to the terms of this ‘XTREME AUTOMATOR USER AGREEMENT’ (the “Terms of Use” “User Agreement” or “Agreement”) between Xtreme Websites and you (the “User”). As used herein, the User will include the company or other entity with which the User is employed or otherwise affiliated (including its officers, directors, agents, managers, and employees), to the extent that the User is acting on its behalf. The User represents that you are 18 years old or older and are authorized by your company or other entity to enter into this Agreement. Please notice that You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our website located at xtremeautomator.com, app.xtremeautomator.com or any other subdomain or derivative URL (the “Site”) and related software and services (collectively, the “Automator Platform”).

Electronic Agreement – This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and your subscriptions in the Services. By accessing this Site or becoming a Member, the User consents to have this Agreement provided to the User in electronic form.

Acceptance of Terms and the Provision of Service

THIS AGREEMENT – THE FOLLOWING NOTICES, TERMS, CONDITIONS AND POLICIES – (which incorporates by reference other provisions contained in any other products or services agreement(s) executed and in effect between the parties and are applicable to the use of this site) GOVERNS THE USE OF THIS SITE, ITS CONTENTS, ANY PRODUCTS OR SERVICES AVAILABLE ON OR CERTAIN SPECIFIC MATERIAL CONTAINED IN THIS SITE, AND SETS FORTH THE TERMS AND CONDITIONS THAT APPLY TO USE OF THIS SITE BY USER. ANY INCONSISTENCIES BETWEEN THE TERMS OF THIS AGREEMENT AND THOSE PROVISIONS CONTAINED IN ANY OTHER PRODUCTS OR SERVICES AGREEMENT(S) EXECUTED AND IN EFFECT BETWEEN THE PARTIES, THEN THE TERMS OF SUCH PRODUCTS OR SERVICES AGREEMENT(S) SHALL TAKE PRECEDENCE IN RELATION TO THIS AGREEMENT.

BY ACCESSING OR USING THIS SITE, app.xtremeautomator.com or any subdomain of xtremeautomator.com (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, AND BY USE OF THIS SITE THE USER AFFIRMATIVELY, EXPRESSLY, OR IMPLICITLY REPRESENTS AND WARRANTS TO XTREME WEBSITES THAT THE USER HAS CAREFULLY REVIEWED THIS ‘TERMS OF SERVICE AND CONDITIONS OF USE’ SET FORTH IN THIS AGREEMENT, AND THE ‘PRIVACY POLICY’ (all terms of which are herein incorporated by reference); AND THAT THE USER AGREES TO ABIDE BY AND TO BE LEGALLY BOUND BY ALL SUCH TERMS AND CONDITIONS OF THE USER AGREEMENT AND PRIVACY POLICY; AND THE USER AGREES TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU, ‘THE USER’, DO NOT AGREE, PLEASE DO NOT USE THE PRODUCT.

1. Provision of Services.

The User hereby understands, acknowledges, accepts, consents and agrees as follows: (a) This Agreement, incorporates by reference all other terms and conditions applicable to the User’s use of xtremeautomator.com set forth in any services or product agreements, or other transfers or assignments that have been or shall be entered into by and between the User with Xtreme Automator; (b) xtremeautomator.com and its contents are for User’s personal non-commercial use only; and (c) The User’s right to use xtremeautomator.com is personal to the User and is not transferable to any other person or entity.

2. Services Details

Through its Web property, Xtreme Automator provides User with access to a variety of resources, including business management tools, client portals, communications solutions, and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms of Use.

Email Setup

2.1 Email Setup: In order to send emails from the Automator platform, client will need to link a personal or business email address. Platform integrates with email providers such as Google and any free or paid SMTP provider. Client can integrate unlimited email providers but needs to choose one as the default email for all emails sent by the platform.

2.2 Email Limitations: Most email providers have email sending limitations in order to prevent spam. Most of the users never reach these limitations, however if you plan on crossing over these limitations, you may have to use a more robust SMTP provider such as Mailgun.

2.3 Email Reputation: Your email reputation is determined by many factors; however, the most important ones are deliverability rate and bounce rate. When you have a permission-based email system, these rates are high, thereby keeping your reputation high. If you have campaigns sending emails to an undeliverable email address constantly, then this will reduce your email reputation with email providers such as Yahoo, Google, Hotmail, etc.

Phone/SMS Setup

Call/SMS Configuration: Client has the option of adding a phone number to the platform in order to use it for outbound and inbound calling, in addition to 2-way SMS messaging. Additional Call & SMS rates apply for the use of the phone line(s) and text. Once call/SMS is configured, client will be able to use all of its features such as phone dialer, call recording, voicemail drops, trigger automations and more.

Domain Setup

Domain Management: Client can manage multiple domains or subdomains on their Xtreme Automator account. The domains can be assigned to any funnel or website created under client’s account. Client will have to buy a domain with any third-party registrar such as Google Domains in order to add it to their managed domains. Setup is simple and can be done by adding a record to the domain’s DNS setting. Agency will provide instructions and support once website is ready to be pointed to the final domain.

3. Changes to the Terms of this Agreement or other Policies

Xtreme Automator shall have the right at any time to change or modify the terms and conditions applicable to User’s use of xtremeautomator.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on xtremeautomator.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of xtremeautomator.com by User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions. The User is responsible for checking these terms periodically for any changes. The most current version of this Agreement can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the web pages of xtremeautomator.com.

4. Changes to Services

4.1 Changes – Xtreme Automator is entitled to at any time modify, improve, or discontinue any of its content, products, services and any aspect or feature of xtremeautomator.com, including, but not limited to, content, hours of availability, and equipment needed for access or use, at its sole discretion and without notice to the User. Xtreme Automator is entitled to provide services to the User through subsidiaries or affiliated entities. Xtreme Automator reserves the right to change, remove or discontinue (temporarily or permanently) the website, or any content, service, function, feature or other part of the website at any time or without notice; and the User confirms that Xtreme Automator shall not be liable to the User for any such change, remove or discontinuance.

4.2 Your Purchase of Services and Services Availability – Specific terms and conditions apply to your purchase of services from Xtreme Automator and to specific portions or features of xtremeautomator.com. Xtreme Automator’s obligations with regards to its services offered on xtremeautomator.com are governed solely by such terms and conditions and nothing contained on xtremeautomator.com or in these Terms and Conditions shall be construed to alter services specific terms and conditions. The materials on xtremeautomator.com with respect to services may be outdated and Xtreme Automator makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that Xtreme Automator will make available such services in your country. Please consult xtremeautomator.com for information regarding the availability of particular services offering in your country.

4.3 Promotions – xtremeautomator.com may contain or offer sweepstakes, contests, promotions or other similar features, which may be subject to a separate set of rules that describe the contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.

5. Privacy: Data Protection.

In order to provide quality services to you, we collect certain personal about you, including but not limited to the User’s name, address, telephone numbers, and in some cases (where our service is co-branded with a credit card partner) credit card information. xtremeautomator.com also includes some use of cookies and similar automated techniques to collect information which is important to enhance and personalize the User’s experience as a Xtreme Automator customer. Our information practices are subject to Xtreme Automator’s ‘Privacy Policy’ (most recent version can be found on the following page http://xtremeplatform.com/legal/privacy-policy/). The information the User submits when opening a Xtreme Automator account and when the User transacts business via the Xtreme Automator website may be transferred to, stored in and/or processed in the United States or any other country when such transfer, storage and/or processing are necessary to provide Xtreme Automator services to you. By opening a Xtreme Automator account, the User consents to the transfer, storage and/or processing of that information in such countries. If the User objects to the User’s information being transferred, stored or processed in this manner, or if the User objects to the use of cookies or to our Privacy Policy, please do not use Xtreme Automator services.

6. Security Notice: User Registration.

The User must register on app.xtremeautomator.com in order to use certain functions of the Site. During registration, the User will be required to provide contact information, consisting of an email address, username and password. The Username will be the email address with which the User will register. The User may, but are not obligated to, use the User’s own name. Xtreme Automator reserves the right to reject or remove any username or Display Name. For certain of our functions, such as the purchase of products and services, the User is required to provide the User’s name, address and billing and credit card information. The User is required to provide accurate and complete information.

7. Member Account, Password, and Security.

If any of the services requires the User to open an account, the User must complete the registration process by providing Xtreme Automator with current, complete and accurate information as prompted by the applicable registration form. The User also will choose a ‘password’ and a ‘display name.’ Furthermore, the User acknowledges and agrees that: (a) The User is responsible for any and all activities that occur under the User’s account and for ensuring that all such use complies fully with the provisions of this Agreement; (b) The User is responsible for protecting the confidentiality of the User’s password and account information; (c) The User must notify Xtreme Automator immediately of any unauthorized use of the User’s account or any other breach of security; (d) Xtreme Automator is not liable for any loss that the User may incur as a result of someone else using the User’s password or account, either with or without the User’s knowledge, and may be held personally liable for any losses incurred by Xtreme Automator; and (e) The User may not use anyone else’s account at any time, without the permission of the account holder.

8. Age of Users.

8.1 Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide Xtreme Automator with personal information, we will use our best efforts to remove the information permanently from our files. If the User is under the age of 18 but at least 13 years of age, the User may use xtremeautomator.com only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

8.2 If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

9. Unauthorized Access & Activity.

Unauthorized access and attempts to defeat or circumvent security features, to use xtremeautomator.com for other than intended purposes, to deny service to the Site’s Users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the Site or its operation is prohibited and all violators are subject to criminal and civil penalties and will be prosecuted to the fullest extent of the law, including criminal and civil prosecution. All traffic is logged and monitored for potential abuse. Evidence of such acts will be disclosed to law enforcement authorities, and be used for the purposes of criminal and civil prosecution.

10. User Conduct: Proper Use of this Site.

10.1 User shall use xtremeautomator.com for lawful purposes only. User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Xtreme Automator’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by the User that in Xtreme Automator’s discretion restricts or inhibits any other User from using or enjoying this Site will not be permitted. User shall not use xtremeautomator.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Xtreme Automator. This should go without saying, but you can’t use Xtreme Automator to do or promote anything illegal. There are other industries that aren’t illegal, but tend to generate a lot of spam complaints. To be specific, we may not allow the following businesses or types of services to use Postmark:

• Offering to sell illegal goods or services
• Violateing CAN-SPAM Laws
• Pornography/sexually explicit content
• Escort services
• Pharmaceutical products
• Gambling services or products
• Credit repair and get out of debt opportunities
• Short-term / payday loan services
• List brokers or list rental services
• Selling “Likes” or followers for a social media platform
• Content that contains information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric, data concerning health or data concerning an individual’s sex life or sexual orientation
• Other information that we find, in our sole discretion, hurt our reputation or our deliverability

11. Provision of Services and Restrictions of Use.

11.1 Restricted behavior. The Product may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not: (a) Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (c) Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; (d) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same; (e) Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; (f) Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (g) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; (h) Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; (i) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (j) Restrict or inhibit any other user from using and enjoying the Communication Services; (k) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; (l) Harvest or otherwise collect information about others, including e-mail addresses; (m) Violate any applicable laws or regulations; (n) Create a false identity for the purpose of misleading others; or (o) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

11.2 No obligation to monitor. Xtreme Automator has no obligation to monitor the Communication Services. However, Xtreme Automator reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Xtreme Automator reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Xtreme Automator reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Xtreme Automator’s sole discretion.

11.3 Limitations on usage. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

11.4 Personally identifiable information. Always use caution when giving out any personally identifiable information in any Communication Services. Xtreme Automator does not control or endorse the content, messages or information found in any Communication Services and, therefore, Xtreme Automator specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services.

11.5 Appropriate Email Practices. All email lists contained and/or used with respect to the Service must be permission-based subscriptions. Use of a list that has been purchased or rented from a third party is prohibited. It is Your responsibility to monitor and maintain unsubscribe requests for Your list that are outside of the functionalities of the Service. Emails sent unsolicited will receive abuse complaints that will be reflected on Your account. It is Your responsibility to maintain abuse results lower than the industry standard. We reserve the right to terminate your account for, among any other reason in our sole discretion, violation of the provisions of this section.

12. Third-Party Content.

12.1 Third-Party Verification and Monitoring –The Site makes available various services provided access to Member’s credentials, provide testing services, or provide information. Any information or content expressed or made available by these third parties or any other Members is that of the respective author(s) or distributor(s) and not of Xtreme Automator. Xtreme Automator neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone other than authorized Xtreme Automator employees or partners acting in their official capacities.

12.2 Links and Applications – This Site may contain links to Third-Party Sites. The Site may also contain applications that allow you to access Third-Party Sites (including advertisers) via the Site. Such Third-Party Sites are owned and operated by the third-parties and/or their licensors. Your access and use of Third-Party Sites, including online communication services such as chat, email and calls, will be governed by the terms and policies of the applicable Third-Party Site. You acknowledge and agree that Xtreme Automator is not responsible or liable for: (i) the availability or accuracy of Third-Party Sites; or (ii) the content, advertising, or products on or available from Third-Party Sites. You are responsible for deciding if you want to access a Third-Party Site by clicking on a link or installing an application. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and these services at your own risk, and agree that your use of an application via the Site is on an “as-is” basis without any warranty for any purpose.

13. Disclaimers: Hyperlinks and External Content.

The User acknowledges and agrees that: (a) xtremeautomator.com, the Content, contain links to other Internet sites that are owned and operated by third parties; (b) Such links are not endorsements of any products or services in such sites, and no information in such sites have been endorsed or approved by Xtreme Automator; (c) Xtreme Automator is not responsible for such products, services, and information; and (d) Xtreme Automator makes no representations and are not responsible for the availability of, or content located on or through, these third party sites.

14. Copyright Infringement: Repeat Infringers.

We respect the intellectual property rights of others, and we prohibit users from uploading, posting or otherwise transmitting on xtremeautomator.com or by use of any of our services any materials that violate another party’s intellectual property rights. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may repeatedly infringe or violate the copyrights or other intellectual property rights of any party.

15. International Use.

We make no representation that content on xtremeautomator.com is appropriate or available for use in locations outside the United States. If the User chooses to access xtremeautomator.com from a location outside the United States, the User does so on the User’s own initiative and the User is responsible for compliance with local laws.

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