Terms of Service

Last Updated: 16 SEPTEMBER 2024

Welcome to EXODUS Communications. These Terms of Service ("Terms") govern your use of our website, [https://www.exoduscomms.com](https://www.exoduscomms.com), and the purchase of products or services from us. By accessing or using our website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or purchase our products.

**1. ** **Acceptance of Terms**

By accessing and using this website, you agree to comply with and be bound by these Terms. We reserve the right to update or amend these Terms at any time without prior notice. It is your responsibility to review these Terms periodically.

**2. ** **Products and Services**

We strive to ensure that our product descriptions, pricing, and availability are accurate. However, we do not guarantee that product descriptions or other content on our website is error-free, complete, or current. We reserve the right to modify or discontinue products or services at any time without prior notice.

**3. ** **Order Acceptance and Payment**

All orders are subject to acceptance by us. We may refuse or cancel any order for various reasons, including but not limited to product availability, inaccuracies in product or pricing information, or suspicion of fraudulent activity. Payment must be made through the payment methods available on our website.

When purchasing goods or products from our website, you agree to provide accurate, current, and complete information about yourself as requested during the checkout process. You are responsible for any errors in the information you provide, which may result in delays or issues with your order.

**4. ** **Shipping and Delivery**

We will make reasonable efforts to deliver products within the estimated delivery times provided on our website. However, delivery times are not guaranteed and may vary due to unforeseen circumstances. We are not responsible for any delays or issues arising from the shipping carrier.

**5. ** **Returns and Refunds**

Our return and refund policy is detailed on our website. Please review the policy before making a purchase. If you wish to return a product, you must follow the instructions provided in our Return Policy. Returns must be made within the specified timeframe and products must be in their original condition.

**6. ** **User Accounts**

To make a purchase on our website, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

**7. ** **User Comments, Feedback, and Other Submissions**

By submitting any comments, feedback, suggestions, ideas, or other content (collectively, "Submissions") to EXODUS Communications through our website or other communication channels, you grant EXODUS Communications a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, publish, and distribute such Submissions for any purpose related to our business.

You represent and warrant that you own or have the necessary rights to the Submissions you provide and that such Submissions do not violate any third-party rights or any applicable laws or regulations. You are solely responsible for the Submissions you provide, and EXODUS Communications is not liable for any content submitted by users.

We reserve the right to remove or refuse to publish any Submissions that we deem to be inappropriate, offensive, or in violation of these Terms.

**8. ** **Purchasing Goods and Products**

When purchasing goods or products from EXODUS Communications, you agree to:

1. **Payment Terms**: All payments are to be made in full at the time of purchase, unless otherwise specified. We accept various payment methods as indicated on our website. You are responsible for all taxes, duties, and other charges that may apply.

2. **Order Confirmation**: Upon placing an order, you will receive an order confirmation email summarizing your purchase. This confirmation does not constitute acceptance of your order. Your order will be confirmed only when we dispatch the goods.

3. **Pricing and Availability**: Prices and availability of products are subject to change without notice. We reserve the right to correct any errors in pricing or product information, and we will notify you of any changes before processing your order.

4. **Product Descriptions**: We make every effort to accurately describe our products. However, we do not guarantee that product descriptions are error-free. If you receive a product that is not as described, please contact us as outlined in our Returns and Refunds policy.

**9. ** **Online Store Items**

1. **Product Listings**: Our online store features a range of items available for purchase. We strive to ensure that all product listings are accurate and up-to-date. However, we cannot guarantee that all information, including prices and availability, is free from errors.

2. **Product Images**: Images of products on our website are for illustrative purposes only and may not represent the exact appearance or color of the actual product. We encourage you to refer to the product descriptions for detailed information.

3. **Product Changes**: We reserve the right to modify or discontinue any product listed in our online store at any time. This includes changes to product specifications, pricing, and availability.

4. **Promotions and Discounts**: Any promotions or discounts offered on our website are subject to change without notice and may be applied to select items only. The terms and conditions of such promotions will be specified at the time of the offer.

**10. ** **Accuracy, Completeness, and Timeliness of Information**

1. **Information Accuracy**: We make every effort to ensure that the information on our website is accurate and reliable. However, we do not guarantee that all content, including but not limited to product descriptions, pricing, and availability, is free from errors or omissions.

2. **Content Updates**: The information on our website may be updated periodically. We do not assume any obligation to update or correct any information on the site, and you are responsible for verifying the accuracy of any information before relying on it.

3. **No Liability for Inaccuracies**: EXODUS Communications shall not be liable for any errors or omissions in the content of our website, including any inaccuracies in product information or pricing. You agree to hold us harmless for any consequences arising from your reliance on such information.

**11. ** **Accuracy of Billing and Account Information**

1. **Billing Information**: You agree to provide current, complete, and accurate billing and account information for all purchases made through our website. This includes but is not limited to your name, address, email address, and payment information.

2. **Account Updates**: It is your responsibility to promptly update any changes to your billing or account information. Failure to do so may result in processing delays or issues with your orders.

3. **Errors in Billing**: If you believe there has been an error in your billing or account information, please contact us immediately at [info@exoduscomms.com](mailto:info@exoduscomms.com). We will make reasonable efforts to investigate and correct any errors as quickly as possible.

4. **No Liability for Billing Issues**: EXODUS Communications is not liable for any issues arising from inaccuracies or errors in your billing or account information. You are responsible for resolving any disputes directly with your payment provider or financial institution.

**12. ** **Intellectual Property**

All content on our website, including but not limited to text, graphics, logos, and images, is the property of EXODUS Communications or its content suppliers and is protected by intellectual property laws. You may not use, reproduce, or distribute any content from our website without our prior written permission.

**13. ** **Ownership of Content and Trademarks**

All trademarks, service marks, logos, and other proprietary content displayed on our website are the exclusive property of EXODUS Communications. You may not use, copy, or reproduce any of our trademarks, logos, or proprietary content without our prior written consent.

The content created by EXODUS Communications, including but not limited to text, graphics, and multimedia elements, is our exclusive property. You may not use, distribute, or modify this content without our express written permission. Unauthorized use of our content and trademarks may result in legal action.

**14. ** **Modifications to the Service and Prices**

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

**15. ** **Prohibited Uses**

1. **Illegal Activities**: You may not use our website or services for any illegal or unlawful purpose. This includes, but is not limited to, engaging in activities that violate any applicable laws or regulations.

2. **Harmful Content**: You may not transmit, upload, or distribute any content that is harmful, defamatory, abusive, obscene, or otherwise objectionable. This includes content that infringes on the intellectual property rights of others or contains viruses, malware, or other malicious software.

3. **Unauthorized Access**: You may not attempt to gain unauthorized access to our website, systems, or networks. This includes, but is not limited to, engaging in hacking, data mining, or other activities intended to compromise the security of our website or systems.

4. **Misuse of Information**: You may not use the information obtained from our website for commercial purposes, including but not limited to soliciting or spamming other users, without our express written consent.

5. **Disruption of Service**: You may not interfere with or disrupt the operation of our website or services. This includes, but is not limited to, actions that impose an unreasonable burden on our infrastructure or

disrupt the experience of other users.

We reserve the right to take appropriate action, including suspension or termination of your access to our website and services, if we determine that you have violated any of these prohibitions.

**16. ** **Limitation of Liability**

To the fullest extent permitted by law, EXODUS Communications shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of our website or the purchase of our products. Our total liability to you for any claim arising out of or related to these Terms or your use of our website shall be limited to the amount you paid for the product or service in question.

**17. ** **Governing Law**

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction]. Any disputes arising from these Terms or your use of our website shall be resolved in the courts located in [Your Jurisdiction].

**18. ** **Privacy Policy**

Our Privacy Policy, which outlines how we collect, use, and protect your personal information, is available on our website. By using our website, you consent to the collection and use of your information as described in our Privacy Policy.

**19. ** **General Conditions**

1. **Entire Agreement**: These Terms constitute the entire agreement between you and EXODUS Communications regarding your use of our website and the purchase of our products and services. They supersede any prior or contemporaneous agreements, proposals, or communications, whether electronic, oral, or written, between you and EXODUS Communications.

2. **Severability**: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3. **No Waiver**: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

4. **Assignment**: We may assign our rights and obligations under these Terms to any party at any time without notice to you. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

5. **Force Majeure**: We are not liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, or labor disputes.

**20. ** **Severability**

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified or replaced to the extent necessary to make it valid and enforceable, in a manner that reflects the original intent of the parties as closely as possible.

**21. ** **Contact Us**

If you have any questions or concerns about these Terms, please contact us at:

EXODUS Communications
1631 Del Prado Blvd
Suite 300 #1228
Cape Coral, FL 33990

info@exoduscomms.com
941-404-7202

Thank you for visiting EXODUS Communications and for your business.