Terms and Conditions
1. Acceptance of Terms
These Terms apply to all clients, visitors, and others who access or use our services.
2. Description of Services
3. Payment Terms
3.1 Fees
All fees for services, hardware, or licensing are as agreed upon in the applicable SOW, proposal, or invoice issued by Xtremission LLC.
3.2 Payment Due Date
3.3 Late Payments
3.4 Suspension of Services
3.5 Taxes
The Client is responsible for all applicable taxes, levies, or duties imposed by taxing authorities on services or products purchased from Xtremission LLC, excluding taxes based on Xtremission LLC’s net income.
4. Refund and Cancellation Policy
4.1 All Sales Final
All sales are final unless approved for return or refund by Xtremission LLC in writing. Refunds are processed at the sole discretion of Xtremission LLC.
4.2 Cancellation of Services
4.3 Hardware and Licensing
5. Intellectual Property
5.1 Client-Owned Deliverables
Upon receipt of full payment for services rendered, Xtremission LLC assigns to the Client all rights, title, and interest in custom deliverables created specifically for the Client under a given SOW, unless otherwise agreed in writing.
5.2 Xtremission LLC-Owned Property
5.3 Third-Party Licensing
Any third-party software, tools, or licenses procured on the Client’s behalf are subject to the applicable third-party license agreements. The Client agrees to comply with all such agreements.
6. Confidentiality
7. No Guarantee
The Client acknowledges and agrees that Xtremission LLC cannot guarantee the results or effectiveness of any services rendered or to be rendered. Services shall be performed in a professional manner and in accordance with good industry practice. Best efforts will be used, but no specific results are promised or warranted.
8. Limitation of Liability
8.1 Exclusion of Consequential Damages
The Client acknowledges and agrees that Xtremission LLC shall not be liable for any losses or damages, whether indirect, incidental, special, or consequential — including but not limited to loss of profits, loss of data, loss of goodwill, or interruption of business — irrespective of whether or not the Client has been advised of or might have anticipated the possibility of such loss or damage.
8.2 Liability Cap
8.3 Essential Basis
The Client acknowledges that the limitations of liability in this section are an essential element of the agreement between the parties, without which Xtremission LLC would not have provided services at the agreed-upon fees.
9. Indemnification
The Client agrees to indemnify, defend, and hold harmless Xtremission LLC, its officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) the Client’s use of services or deliverables; (b) the Client’s breach of these Terms; or (c) the Client’s violation of any applicable law or third-party rights.
10. Force Majeure
Xtremission LLC shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions, pandemics, cyberattacks on critical infrastructure, or other acts of nature. In such an event, Xtremission LLC will provide prompt written notice to the Client and will resume performance as soon as reasonably practicable.
11. Governing Law and Dispute Resolution
11.1 Governing Law
11.2 Dispute Resolution
11.3 Waiver of Class Action
To the extent permitted by law, both parties waive any right to participate in a class action lawsuit or class-wide arbitration related to these Terms or any services provided.
12. Amendments
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
14. Entire Agreement
These Terms, together with any signed SOW, proposal, or service agreement, constitute the entire agreement between Xtremission LLC and the Client with respect to the subject matter herein, and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
15. Corporate Information
16. Contact Us
For questions regarding these Terms and Conditions, please contact:
Xtremission LLC 101 Rainbow Drive, PMB 11442 Livingston, TX 77399 📧 webmaster@xtremission.com 📞 +1 865-205-1168

