Terms and Conditions.
Updated: August 10, 2024.
These TERMS AND CONDITIONS outline the terms and conditions (referred to as
“Terms”) governing the use of the products, services, website, and/or mobile-optimized
versions of the website www.Dexitcorp.com (referred to as the “Website”), all of which
are owned or managed by the Dexitcorp (referred as “Company”) and its affiliates,
subsidiaries, and brands (collectively, "Company" or "Dexitcorp"). This agreement
applies to visitors, users, and/or the party identified in the related Company order form
("Customer"). The Order, which includes this agreement, and any subsequent order
forms submitted by you, governs your use and/or purchase of any products, software,
applications, or other electronic or web-based services ordered (each a “Product” and
collectively, the “Products”). The term “Website” also encompasses any subdomains
and any code, content, data, features, services, or products available through the
Website. The Company reserves the right to modify the Terms without prior notice by
posting updates on the Website.
By accessing or using the Website or Products, you agree that you have read,
understood, and accept the Terms along with the Website User Policy, Privacy Policy,
and any other agreements (collectively referred to as the "Agreements"), which are
incorporated by reference.
Creating an account, using a service, or accessing the website and/or products
establishes a contract between you and the company. By doing so, you accept and
agree to be bound by the terms and agreements. Please review these terms carefully.
Please do not use the website or products if you disagree with the terms and
agreements.
The customer is responsible for periodically reviewing these Terms to stay informed of
updates.
Changes to Services, Products, Website, and Agreements
1. Unless specified otherwise, capitalized terms will have the meanings given in the
Agreements. In case of any conflict, the terms of the Terms will take precedence.
2. Each visitor, user, and customer agrees to comply with the agreements and affirms
that they have the authority and capacity to enter into the agreements, either
individually or on behalf of the entity they represent, if applicable, by using any
product(s) and/or the website(s). Please do not use the products or website if you
disagree with the agreements.
3. The Company reserves the right to modify the Agreements at its discretion, with
such changes taking effect immediately upon posting.
4. Continued use of a Product or the Website after any changes to the Agreements
indicates acceptance of those changes as of the "Last Updated" date mentioned.
5. The Company retains the right to modify, change, or terminate any Services or
Products, Websites, or Agreements, including pricing and fees, at any time, with or
without prior notice. This includes the right to stop offering Services or Products at
any time. The Company will not be liable for any modifications, suspensions, or
discontinuations of Services or Products.
6. The Company may but is not obligated to notify customers of changes to the
Agreements via email or other methods. Customers must keep their Company
account information ("Customer Account") accurate and up to date. The Company is
not responsible for failing to receive notifications due to inaccurate account
information.
7. The Company may, at its sole discretion, suspend or terminate a Customer’s access
to their Account or the Products for any breach or potential breach of the
Agreements.
Ownership.
All content on the Website and within the Services and/or Products is the exclusive
property of the Company or its content providers and is protected by applicable
copyright, patent, trademark, and other intellectual property laws. Unauthorized copying,
duplicating, redistribution, use, or publication of any content from the Website or
Products is strictly prohibited, except as explicitly allowed by the Agreements. Visitors,
users, and Customers do not obtain ownership rights or interests in the content by using
the Website or Products. Any reports, developments, recommendations, or
modifications made by the Company or Users relating to the Website, Services, or
Products, whether or not influenced or suggested by Users, are the sole property of the
Company. The Website, all copies thereof, and all associated data, source code,
software, reports, modifications, and the Company's digital assets shall be referred to as
the “Company’s Data.”
The Customer acknowledges and agrees that the Company and its licensors retain
ownership of all intellectual property rights of any kind related to the Website and the
Services, including applicable copyrights, trademarks, and other proprietary rights.
Other product and business names mentioned on the Website may be trademarked by
their respective owners. Company reserves all rights not expressly granted to you under
this Agreement.
The Company grants the Customer a limited, non-exclusive, non-transferable, royalty-
free license to use the Company's technology, products, and services solely for
accessing and using the Products during the Term of the Agreements. The Customer is
prohibited from using the Company's technology for any other purpose. Except for the
rights explicitly granted in the Agreements, no technology, rights, titles, or interests are
transferred from the Company to the Customer; all such rights remain solely with the
Company. The Customer shall not, directly or indirectly, reverse engineer, decompile,
disassemble, or attempt to uncover the source code or other trade secrets related to the
Products or Customer Account. The Company holds all rights to the Products and
related intellectual property, including trademarks, copyrights, patents, trade secrets,
and other proprietary information (Information). The Agreement does not grant the
Customer any license to use or resell such Information. The Company's web interface
and related materials are proprietary and protected by law, and the Customer is not
allowed to modify or distribute them without written permission. Requests for
modifications must be submitted to the Company's Legal department, but approval is
not guaranteed.
Authority to Enter into Agreements
1. The Company’s Services and Products are offered to individuals or entities legally
capable of entering into binding contracts under relevant laws. By registering for and/or
using the Company’s Services and/or Products, you affirm that you (or a
representative of an entity) are at least eighteen (18) years old, legally capable of
forming binding contracts, and are not prohibited from purchasing or receiving
the Products under the laws of the United States or any other relevant
jurisdiction.
2. If you enter into the Agreements on behalf of a legal entity or third party, you
represent and warrant that you have the authority to bind that entity or third party
to the terms of the Agreements. In such cases, “Customer” refers to the entity or
third party. Suppose it is later determined that you do not have the authority to
bind the entity or third party. In that case, you will be personally responsible for
fulfilling the obligations of the Agreements, including any payment obligations.
The Company is not liable for any loss or damage resulting from reliance on
information or communications believed to be from an authorized representative.
If there is any doubt about the authenticity of such communications, the
Company may require additional verification. The Company also reserves the
right to suspend, cancel, or terminate your account in case of disputes over
account or content ownership.
Customer Account
1. To access certain website features or use some Services and/or Products, the
Customer must create a Customer Account. The Customer represents and
warrants that all information provided when creating the account is accurate, up-
to-date, and complete and that they will maintain this information accordingly. If
the Company believes the account information is inaccurate or outdated, it
reserves the right to suspend, cancel, or terminate the Customer account at its
discretion. The Customer is responsible for all activities occurring under the
Customer’s account, whether authorized by you or not, and must keep the
account information secure, including login details, passwords, and payment
methods. For security purposes, the Company recommends to change the
password regularly.
2. If you are acting on behalf of a legal entity or third party, you may be required to
provide the Company with information about the actual owner of the account,
including valid identification or other proof of authorization upon request.
3. The Customer must immediately notify the Company of any security breaches or
unauthorized access to their account. The Customer may be held liable for any
damages or losses incurred by the Company or others resulting from a breach,
whether caused by the Customer, an authorized user, or an unauthorized
individual.
4. The Company is not responsible for any losses resulting from unauthorized use
of the Customer account. The Customer may be liable for any damages or losses
experienced by the Company or others due to such unauthorized use.
5. If the Customer’s account is involved in or becomes the target of a denial-of-
service attack that disrupts the Company's or a third party's network, the
Company will terminate the account without prior notice. You will be liable for any
resulting damages or fees. Any actions that contribute to such attacks are strictly
forbidden. The Company will fully cooperate with investigations, including those
conducted by law enforcement, into network security breaches
Customer’s Representations and Warranties
Customer represents and warrants to the Company that the Customer will ensure the
following:
1. The Customer will comply with all applicable laws, rules, and regulations
concerning the Customer Content and will use the Customer Content
exclusively for lawful purposes.
2. The Customer has made and will continue to make all efforts to ensure that the
Customer Content remains free of computer viruses, worms, Trojan horses, and
other malicious code.
3. The Customer is solely responsible for all Customer Content and all materials
appearing online, on their products, or within any services, including the
accuracy and appropriateness of the Customer Content,
4. The Customer is responsible for paying or resolving any taxes associated with
the Customer Content, their website(s), and electronic commerce activities.
5. In addition to transactions initiated by the Customer or on their behalf, the
Customer agrees to be bound by the terms of the Agreements for transactions
entered into on their behalf by anyone acting as their agent and transactions
entered into by anyone using the Customer's Account, regardless of whether
the transactions were made on the Customer's behalf.
Protection of Customer Data
The Company provides certain Products and Services that may involve processing the
personal data of visitors, users, and/or Customers (“Personal Data”) while using the
Website and Products. Personal Data does not include any Customer Content. The
Company’s Data Processing assures Customers that the Company has robust
mechanisms to process Personal Data properly.
Availability of the Services
Subject to the terms and conditions of the Agreement, the Company will make
commercially reasonable efforts to provide access to the Website and Products on a
continuous, 24/7 basis. However, this availability is not guaranteed. The Customer
understands, acknowledges, and agrees that the Website, Services and/or Products
may occasionally be inaccessible or inoperable for various reasons, including but not
limited to equipment malfunctions, periodic maintenance, repairs or replacements
performed by the Company, or events beyond the Company’s reasonable control or
foresight, such as telecommunication or digital transmission failures, network
congestion, hostile network attacks, or other issues. The Customer further understands,
acknowledges, and agrees that the Company cannot guarantee continuous or
uninterrupted availability of the Website and Products and assumes no liability to the
Customer or any other party.
Confidentiality
The Customer understands that while using and accessing the Website, Services,
and/or Products, they may come across or generate information related to it and/or
Company ("Confidential Information"). This may include but is not limited to, software,
code, technology, algorithms, schematics, testing procedures, user interface designs,
documentation, problem reports, performance data, inventions (whether patentable or
not), trademarks, service marks, copyrighted materials, and other technical, business,
product, marketing, financial, and customer information.
The Customer agrees to keep this Confidential Information confidential during and after
using the Website, Services, and/or Products. They must not use or disclose this
information except as explicitly permitted by these Terms unless the information
becomes publicly available without violating these Terms. Without the Company’s prior
written consent, the Customer shall not disclose or make available the Website,
Services, and/or Products, Customer’s Content from other Customers, documentation,
or any other materials related to the Website’s performance or operation (including
testing results, opinions, and evaluations) to any third party.
The Customer acknowledges that any breach of these confidentiality obligations could
cause the Company significant harm that cannot be adequately compensated by
monetary damages alone. This could potentially allow unfair competition and cause
irreparable damage to the Company. Consequently, the Company is entitled to seek
injunctive relief and other equitable remedies, in addition to any legal remedies, if such
a breach occurs or is threatened.
Cookies
When you access a Website through a computer or other device, we may collect
information about your browser type, location, and IP address using cookies or similar
technologies. Cookies are small data files a website sends to your browser or
application. We use cookies to support the operation of our Website and other
Company’s applications. For instance, session cookies are used for authentication to
access secure areas and other features on our Website. This information is not linked to
any personal data you provide. If you choose to reject cookies, you may not be able to
access our Website or other Company’s applications.
The Company’s third-party service providers also use cookies to gather data in
aggregate form, which helps us understand website usage. These providers may use
clear gifs, images, and scripts to manage content and recognize your device when
visiting our site or other sites they service.
The Company may also use tools like Google Analytics to analyze how visitors use our
Website and enhance its functionality. These tools collect information anonymously and
do not identify individual users. We do not associate analytics data with the personal
information you have provided.
Billing and Payment
1. The Customer agrees to pay all amounts due for the Products at the time of
order. All payments are non-refundable unless otherwise specified.
2. The Company reserves the right to change its prices and fees anytime. These
changes will be reflected on the Website and/or within the Customer Account and
will take effect immediately without further notice. Any pricing disputes will be
governed by the prices listed in the Customer Account, effective immediately
without additional notice.
3. Product fees may not include applicable sales, use, revenue, excise, or other
taxes imposed by any taxing authority (excluding any tax on the Company’s net
income). These taxes may be added to the Company’s invoices as separate
charges to be paid by the Customer. All fees are fully earned when due and are
subject to the Company’s refund policy when paid.
4. Unless otherwise specified, the Customer agrees that all fees and related
charges are due and payable within thirty (30) days of the invoice date (“Due
Date”), unless stated otherwise in the Customer Account. If any invoice remains
unpaid seven (7) days after the Due Date, the Company may charge the
Customer a late fee of $25.00 in addition to the amounts payable.
5. If the Company must collect any payment due by law, through legal counsel, or a
collection agency, or if the Company prevails in any legal action involving the
Customer, the Customer agrees to pay all costs of collection, arbitration, and
litigation, including, without limitation, all court costs and the Company’s
reasonable attorneys’ fees.
6. The Customer agrees that if any amount due to the Company remains unpaid
seven (7) days after the due date, the Company, at its sole discretion, may
immediately terminate the Agreements and/or terminate, suspend, or cancel the
Products.
Not providing legal advice.
As part of the Services and the Website, the Company aims to help discover, disclose,
and organize digital data, accounts, and information, making it streamlined and easily
accessible to the individuals the Customer designates in their Account to receive some
or all of the Customer’s Content, as outlined under these Terms. Additionally, where
permitted by applicable law (which may vary by jurisdiction), the Services offer the
option for you to notify designated individuals in the Customer Account to access some
or all of your Customer’s Content. However, the Company does not make any
representations, express or implied, regarding the legal validity of the Customer’s
intended use of the Website, Services, and/or Products, nor does it provide any legal or
tax advice related to the potential implications of using the Services or the Website,
particularly concerning the financial or estate plan or any tax obligations that may arise.
Customers are advised to seek guidance from an attorney or other qualified
professional to address any questions or assess how using the Website, Services,
and/or Products may affect the Customer's personal estate plan or tax obligations.
The Customer acknowledges that the information provided on the Website, in the
account, and in connection with the services is for general informational purposes only,
and the company is not providing legal advice. The Website, Services, and/or Products
are not a substitute for legal advice. The customer further acknowledges that they have
been advised to consult with an experienced trusts and estates attorney or tax
professional, as appropriate, in the specific jurisdiction to understand how the use of the
Website, Services, and/or Products may impact the Customer’s estate planning
documents or other jurisdictional laws. The Customer also recognizes that individual
circumstances, jurisdictional rules, and tax consequences must be considered and
addressed and that professional advice and personal use of the Website, Services,
and/or Products may vary depending on these factors.
Term; Termination; Cancellation Policy
1. The Customer may cancel the Agreements by providing proper notice to the
Company. The Customer is responsible for paying all charges for all Services
and/or Products.
2. The Company may terminate the Agreements if the Customer fails to make
payment.
3. The Company may terminate the Agreements without penalty if the Products are
prohibited by law or become impractical or unfeasible for any technical, legal, or
regulatory reasons or as otherwise provided in the Agreements. The Company
will provide as much prior notice as reasonably possible.
4. The Company may immediately terminate the Agreements without penalty,
notice, or refund if it, in its sole discretion, determines that the Customer's use of
the Products or Customer Content violates any term or condition of the
Agreements or if the Customer's use of the Products disrupts, or could disrupt,
the Company's business operations or ability to provide the Products.
5. The Company may terminate the Customer's access to the Website or Products
if the Customer was previously terminated, suspended, or canceled by the
Company for any reason.
6. If the Company terminates the Customer's access to the Website or Products,
the Customer may, at its sole discretion, remove and destroy any data and files
stored on the Company’s servers.
7. Upon termination of the Agreements for any reason, neither party will have any
further rights or obligations under the Agreements except as explicitly stated.
However, the provisions of certain sections of the Terms will survive the
expiration or termination of the Agreements, and both parties will remain liable for
any obligations or liabilities that arose before termination
Links to Third-Party Websites
The Website and Products may include links to third-party websites not owned or
controlled by the Company. The Company is not responsible for these third-party sites'
content, terms, conditions, privacy policies, or practices. The Company does not
monitor or modify the content on these external websites. By using the Website or
Products, the Customer agrees to release the Company from any liability related to
third-party websites. The Company advises Customers to review the terms, privacy
policies, and other governing documents of any third-party sites they visit after leaving
the Website or Products.
Conduct Towards the Company
The Company is committed to protecting its employees' health, safety, and welfare.
Unprofessional conduct, threats, abusive language (including disparaging remarks
based on sex, race, religion, or sexual orientation), and anything that could be
considered hate speech in the course of the Customer's communications with the
Company will not be tolerated. Such behavior may result in the termination of
communications, and repeated offenses may lead to the suspension, cancellation, or
termination of the Products and Customer Account without any refund, as determined
by the Company in its sole and absolute discretion.
Death
In the event of the Customer’s’ death, access to the Website may be granted to a
designee or beneficiary selected by the Customer in their Account for a reasonable
period. If no designee or beneficiary is selected, or if the individual chosen is
unavailable or refuses to act, access will be managed according to these Terms. The
Company is not obligated to store or make User data available beyond what has been
disclosed to a recipient unless required by law, court order, or as specified by the
Customer. The Company may charge fees to cover administrative costs related to
providing User Content to a recipient. All inquiries about a deceased Customer’s
Account should be directed to inquiry.dexit@gmail.com.
Limitation of Liability
The Company, including its officers, directors, employees, agents, and third-party
service providers, shall not be liable to the Customer or any other person for any direct,
indirect, incidental, special, punitive, or consequential damages. This includes damages
related to the accuracy, completeness, or content of the Websites; linked sites; the
Products; personal injury or property damage; third-party conduct; unauthorized access
to Company’s servers; interruptions in Products or services; viruses or malicious
software; objectionable Customer Content; or any loss or damage incurred from using
the Website or Products, regardless of the legal theory or whether the Company was
aware of the potential for such damages.
Despite any other provisions in the Agreements, the Company’s maximum liability for
any damages, losses, or claims shall not exceed the amount paid by the Customer for
the Products.
This limitation of liability applies to the fullest extent permitted by law. It will remain in
effect even if the Agreements are terminated or the Customer’s use of the Websites,
Services, and/or Products ends.
Risk Allocation. The limitation of liability represents an informed and voluntary
agreement between the parties on risk allocation. The terms of this section will survive
the termination of the Agreements.
Scope of Limitations. The limitations apply to all causes of action, whether based on
contract, tort, or other legal theories, except for claims involving fraud or willful
misconduct. These limitations do not affect the Customer’s indemnification obligations.
Corrective Actions. The Customer acknowledges that corrective actions taken by the
Company in response to the Customer’s actions may impact the Customer’s customers
or resellers. The Company will not be liable for any adverse effects of such corrective
actions.
Indemnification: Customer agrees to protect and hold harmless the Company, its
officers, directors, employees, agents, and third-party service providers from any claims,
costs, or damages (including legal fees) arising from Customer’s use of the Website or
Products, breach of the Agreements, or infringement of third-party rights. This obligation
continues even after the Agreements or use of the Website ends.
Compliance with Local Laws: The Company does not guarantee that the content is
suitable for all jurisdictions. Customers are responsible for complying with local laws
and should not access the Website or Products if prohibited by local regulations.
Independent Contractor: The Company and Customer are independent contractors,
and the Agreements do not create a principal-agent, partnership, or joint venture
relationship. Neither party can bind the other in any way.
Governing Law; Jurisdiction: The Agreements are governed by North Carolina State
law. Disputes must be resolved in state or federal courts in North Carolina. Both parties
consent to these courts' jurisdiction and waive any venue objections. Before filing a
lawsuit (except for injunctive relief), parties must attempt to resolve disputes through
negotiation within 30 days. If unresolved, disputes will be settled through litigation in
North Carolina courts.
Class Action Waiver: Customer agrees not to participate in class or representative
actions unless both parties agree in writing.
Amendments: The Agreements constitute the entire agreement between the parties. In
case of conflicts, the Agreements prevail. Both parties must sign changes in writing and
signed, though the Company may update terms by posting changes.
Notices: Notices must be written and are given upon delivery by email, in person,
overnight mail, or five days after mailing by certified mail. The Company may notify the
Customer via the provided email address.
Waiver: Failure to enforce any right does not constitute a waiver of that right. Partial
exercise of a right does not preclude further exercise.
Assignment; Successors: Customer cannot assign the Agreements without written
consent from the Company. The Company can assign its rights or use subcontractors
without consent. The Agreements are binding on all parties and their successors.
Limitation of Actions: Actions related to the Agreements must be initiated within two
years of the cause of action.
Force Majeure: Neither party is liable for delays or failures caused by events beyond its
control, such as natural disasters or government actions.
No Third-Party Beneficiaries: The Agreements do not confer rights or benefits to third
parties except as explicitly stated.
Contact Information: For questions, contact the Company by email or mail at the
provided address.
Dexit Digital Account Services
10850 Providence Rd, # 1054, Charlotte, NC, 28277.
Email: inquiry@dexitcorp.com