Introduction

The following document (referred to as "terms of use", "terms", or "terms and conditions") applies to our websites, services, and applications (collectively, referred to as "services" or "our services"); which are provided to you by Paxxi, (referred to herein as "Paxxi", "paxxi.com", "we" or "us").

Acceptance

Paxxi is a privately owned U.S. entity, legally doing business in the State of Florida. The terms and conditions herein constitute a legally binding agreement between you and Paxxi. This agreement puts across your rights and responsibilities when you use our services, so please read it carefully. By using our services, you agree to the terms and conditions described herein, in addition to our privacy policy. If you don't agree, then you may not use our services.

Your Privacy

Our privacy policy is an integral part of our terms of use, so please read it carefully.

Account Registration

Access to some functionalities of our services will require you to register for an account and provide certain information. You agree to provide and maintain current, complete and accurate account information. In order to help maintain a safe and secure environment for our service users, we reserve the right to verify account information at any time and without notice, and may subsequently limit account access until such verification has been completed.

User Content

User content or user-generated content (UGC) includes any information you (or other service users) post or publish while using our services, such as but not limited to usernames, profile pictures, photos, graphics, descriptions, reviews, discussions, questions, suggestions, ideas, comments, audio and video clips, documents, links, etc.

Please note that while you retain ownership to content you generate while using our services, you also grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content in any format and through any channel.

You acknowledge that any content you post through our services does not violate the intellectual property rights of others. Please be aware that certain content you submit may be permanent and may not be edited or deleted, even if your account is terminated for any reason.

We do not allow content that promotes or condones violence, or whose primary purpose is inciting hatred, racism, or unlawful behavior.

We do not prescreen user generated content and take no responsibility for the accuracy, copyright compliance, legality or decency of content posted by users of our services or content supplied by third parties. We make no representations, take no responsibility, and assume no liability for such content.

While we are under no obligation to monitor or remove user-generated content, any content that in our sole discretion violates our policies or restricts or inhibits anyone else from using or enjoying our services, will not be permitted and will be removed without notice. We reserve the right to remove, delete or edit any content for any reason and without notice. We also reserve the right to take technical and legal steps to safeguard our services.

Unsolicited Ideas

Paxxi and its employees do not accept or consider unsolicited ideas. Paxxi will not compensate you for any ideas and makes no assurances that your ideas will be treated as confidential or proprietary.

Personal Use Limitation

Unless otherwise specified or agreed upon in writing through a separate agreement, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, source code, or software obtained from our services.

Copyright

All content included in or made available through any of our services, such as but not limited to typography, graphics, design elements, logos, icons, audio and video clips, digital downloads, data compilations, source code and software is the property of Paxxi or its content providers and is protected by United States and international copyright and/or trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of our services without the prior express written consent of Paxxi.

Trademarks & Brands

Paxxi® is a U.S. registered trademark. Certain graphics, logos, page headers, button icons, scripts, and service names included in or made available through our services are trademarks or trade dress of Paxxi. All other trademarks and brands are the property of their respective owners. If you would like to use our trademarks, please contact us in order to obtain permission.

With the exception of the Paxxi brand, Paxxi has no association and/or affiliation with the brands whose products are offered for sale on its website.

Claims of Intellectual Property Violations

We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material provided by our services infringes upon any intellectual property which you own or control, you may file a DMCA Notice of Alleged Infringement with Paxxi's designated copyright agent:

Paxxi
Attn: Legal Department
2801 S Federal Hwy # 21331
Fort Lauderdale, FL 33316
Email: legal@paxxi.com

Service Outages and Data Loss

We periodically schedule system maintenance, which may partially or entirely render our services inaccessible for a duration of time. Unplanned or unforeseen system outages by third-party technology vendors may also occur without notice.

Relationship

This document does not create any partnership, joint venture, agency, sales representative, employment or franchisee relationship between you and Paxxi.

Disclaimer of Warranties

Our services are provided "as is" and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. You use our services solely at your own risk.

If you have any questions regarding a manufacturer's warranty, please contact the manufacturer. You release Paxxi from any claims related to items purchased through our services, including defective items, misrepresentations or items that may cause any kind of injury.

Before you act on information you have found on our services, you must independently verify and confirm any facts that are important to your decision. Despite our efforts to display accurate information, we do not warrant that our content is accurate, complete, reliable, current, or error-free.

Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, neither Paxxi, nor its directors, employees or agents shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with our services or this agreement. In no event shall Paxxi's aggregate liability for any damages exceed the greater of ($100) one hundred U.S. Dollars. You agree that your sole remedy, if any, for problems with or claims regarding products and services sold directly to you by Paxxi; is to seek a return, an exchange or refund for such item(s) or service(s). Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

You understand and agree that you are personally responsible for your actions and behavior while using our services. You agree to indemnify, defend and hold harmless Paxxi, its directors and employees from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use our services, or any breach by you of this agreement. We also reserve the right to handle our legal defense however we see fit, in which case you agree to cooperate with us.

Account Termination

You may terminate your account at any time as long as it is in good standing and has no outstanding balance. Once an account has been terminated, it cannot be reinstated or reopened. If your account is not in good standing or has an outstanding balance, you can't terminate it until all matters have been resolved. Terminating your account does not permanently delete your account data. Account information will be retained in accordance with our privacy policy and any applicable data retention laws.

Paxxi may terminate or suspend any account at any time, for any reason, and without advance notice. The terms and conditions herein will remain in effect after any account or service has been terminated.

Access to our Services

We may discontinue, terminate or suspend any of our services at any time, for any reason, and without advance notice. We may also refuse or block service to anyone, at any time, for any reason.

Governing Law and Legal Disputes

By using our services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern the terms herein and any dispute of any kind that might arise between you and Paxxi. Any cause of action you may have with respect to your use of our services must be commenced within (1) one year after the claim or cause of action arises.

You understand that by agreeing to the terms herein, you and Paxxi are each waiving the right to trial by jury or to participate in a class action. You agree that any legal dispute between you and Paxxi will be settled by individual binding arbitration, using the English language. Arbitration will be administered by the American Arbitration Association (AAA) under its commercial arbitration rules. Paxxi is headquartered in Dania Beach, Florida, so any legal action against the company, related to its services or this agreement must be filed and take place in Broward County, Florida. That means the seat of any arbitration shall be Broward County, Florida.

Trade Control Laws

When you use our services, you must comply with trade control laws of the United States and/or other jurisdictions depending on your location. In order for us to comply with U.S. laws, we don't allow organizations, businesses, or individuals to have or register for accounts while based in the list of countries below. No shipments or sales to those countries can be conducted through our services at this time.

• Belarus
• Cuba
• Eritrea
• Iran
• Myanmar
• North Korea
• Palestinian Territories
• Russia
• Sierra Leone
• South Sudan
• Syria
• Ukraine (Crimea Region)
• Venezuela

Right to Modify

Technology and Internet laws are ever changing and a future update to the terms and conditions herein is inevitable. Paxxi reserves the right to modify the terms herein at any time and without notice. Whenever we change the provisions of this agreement, we will post the new version online and provide a clear and conspicuous notice to all service users. Additionally, we may send an email communication or SMS message notifying account holders of such update. Any modifications to the terms herein will be effective once posted. You are responsible for reviewing and becoming familiar with any revisions. Your continued use of our services following any revision constitutes your acceptance of the newly revised terms.

Severability

If any provision of the terms herein is determined to be unenforceable, or invalid, such determination shall not affect the validity or enforceability of the remaining provisions.

Headings

The headings contained herein are solely for reference and convenience only and are not intended to have any substantive significance in the construction or interpretation of the terms.

No Legal Advice

Nothing contained in our terms of use agreement(s) constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney.

Last Updated: September 1, 2024