Our Contract (E-SIGN)

You are entering a binding contract with Xenia Solutions , and their parents, subsidiaries and affiliates (the “Company,” “us,” “we” and “our”). By (1) using this website www.xeniasolution.com , and (2) by submitting your information and clicking to agree to these Terms of Use and Privacy Policy  you agree that you are giving your express written consent to all the terms below, as well as our Privacy Policy, both of which contain an Arbitration Agreement and Class Action Waiver. You agree that your doing so constitutes your electronic signature, and is equivalent to a written signature. You may choose to receive this contract on paper by  emailing us at info@xeniasolution.com. You may withdraw this consent by using the opt-out procedures described in the “Our Communications With You” section below.

By accessing www.xeniasolution.com, you are consenting to the information collection and use practices described in the Privacy Policy.

Our Communications With You (TCPA Consent for United States Residents)

Express Written Consent. By submitting your contact information, you are providing your express written consent to receive communications from us at the email address and telephone numbers you entered into our contact form, or that you later provide to us or enter into your contact page.

E-mails, Calls, and Texts. These communications may include telemarketing messages, through the use of email, landline phone, fax, cellular phone, and text messages (including sms and mms).

Autodialing. We may use an automatic telephone dialing system (or “auto-dialer”), which may employ an artificial or pre-recorded voice or “robotexts.” Your carrier’s standard rates and charges may apply.

No Purchase Necessary. Agreeing to these communications is not a condition of purchasing any property, goods, or services from us.

Revoking Consent and Opting Out. You may revoke your consent to receive communications at any time by replying “stop” to any of our texts, or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out, but reply “stop” will automatically revoke your consent to further text communications, and we recommend that method. We may take up to 30 days to stop communications if you use a method other than the automatic reply “stop.” You consent to receive a final text message confirming your opt-out. You may revoke your consent to receive email communications by using the “unsubscribe” link in an email or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out of email, but “unsubscribe” will automatically revoke your consent to further email communications, and we recommend that method. We may take up to 30 days to stop email communications if you use a method other than “unsubscribe”.

Communication Frequency. How often we send you communications will vary, because the individual salesperson who communicates with you will determine it.

Your consent here also serves as your express written consent to electronic communications from us in the past.

You represent and warrant that:

• You are at least 18 years old
• You live in the United States (or Canada, in which case the Canadian consents below apply)
• You have not registered on a national or statewide Do Not Call list
• You are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent
• The email addresses and phone numbers you provided are accurate, and you will let us know if you release them to another person or individual
• Our mobile service is available only in certain states. Certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Additional Communications Provisions (For Residents of Canada)

READ THIS ARBITRATION AGREEMENT CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. For example, if we elect to require you to arbitrate any claim, you will not have the right to a jury trial or the right to participate in a class action in court or in arbitration.

YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration.

This Arbitration Agreement describes when and how a Claim (as defined below) arising under or related to the Terms of Use and Privacy Policy between you and us may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or jury. If a claim is arbitrated, each party waives its, his or her respective rights to a trial before a jury in connection with the Claim. It can be a quicker and simpler way to resolve disputes. As solely used in this Arbitration Agreement, the terms “we,” “us” and “our” mean “us” as defined above, our parent companies, wholly or majority owned subsidiaries, affiliates, commonly-owned companies, management companies, successors, assigns and any of their employees, officers and directors. For purposes of this Arbitration Agreement, these terms also mean any third party providing any goods or services in connection with the Terms of Use and Privacy Policy, if such third party is named as a party by you in any lawsuit between you and us.

a. Your Right to Reject Arbitration: You may reject this Agreement by mailing a rejection notice to: 1718 Edinburg Ct, Allen, TX 75013, Attn. Terms of Use and Privacy Policy Arbitration Rejection, within 30 days after you agree to these terms of use. Any rejection notice must include your name, address and telephone number; the date you agreed to the Terms of Use that your rejection notice applies to; and your signature. Your rejection notice will apply only to this Agreement in the Terms of Use and Privacy Policy, but will not affect any term of any other contract between you and us (including without limitation any prior or subsequent agreement), nor will it change your obligation to arbitrate claims or matters covered by any prior or subsequent agreement to arbitrate, including each agreement to arbitrate that arises pursuant to the Terms of Use on the Company’s website which is not the subject of a valid rejection notice.

b. What Claims Are Covered: “Claim” means any claim, dispute or controversy between you and us, whether preexisting, present or future, that in any way arises from or relates to the Terms of Use or Privacy Policy, your use of this website, your Account, any transaction in your Account, the events leading up to the Terms of Use or Privacy Policy (for example, any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), communications between you and us and the manner of communicating, any product or service provided by us or third parties in connection with the Terms of Use or Privacy Policy, the collection of amounts due and the manner of collection, enforcement of any and all of the obligations a party hereto may have to another party, compliance with applicable laws and/or regulations (including but not limited to the Telephone Consumer Protection Act), or the relationships resulting from any of the foregoing. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims and federal, state, local and administrative claims and claims which arose before the effective date of this Arbitration Agreement. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief.

However, “Claim” does not include: (i) any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver set forth below, subparts (A) and (B) of the part (k) set forth below titled “Rules of Interpretation” and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide; but disputes about the validity or enforceability of the Terms of Use or Privacy Policy as a whole are for the arbitrator and not a court to decide; (ii) seeking and obtaining from a court of competent jurisdiction (notwithstanding ongoing arbitration and without waiver of rights under this Arbitration Agreement) provisional or ancillary remedies including but not limited to injunctive relief, temporary restraining orders, property preservation orders, foreclosure, sequestration, eviction, attachment, replevin, garnishment, and/or the appointment of a receiver; (iii) the exercising of any self-help or non-judicial remedies by you or us; (iv) any individual action in court by one party that is limited to preventing the other party from using a self-help remedy and that does not involve a request for damages or monetary relief of any kind; or (v) any individual action brought by you against us in small claims court or your state’s equivalent court, if any. But if that action is transferred, removed or appealed to a different court, arbitration shall be invoked and the action stay or dismissed pending arbitration. Further, “Claim” does not include any products liability claims for personal injury or any disputes between you and the dealer who sold you the products.

c. Starting an Arbitration: If you or we elect to arbitrate a Claim, the party electing arbitration must notify the other party in writing (the “Notice”). Your Notice to us shall be sent to: Xenia Solutions ,1718 Edinburg Ct, Allen, TX 75013 Attn: Terms of Use and Privacy Policy. Our notice to you shall be sent to the most recent address for you in our files. If you do not provide us with a notice of your current address, then notice to the address in our files is sufficient. The Notice shall include the name, address, and contact information of the party giving notice, the facts giving rise to the Claim and the relief requested. Any demand for arbitration made to us shall be made by filing a demand with the American Arbitration Association (“AAA”) and a copy of the demand shall be provided to us. If the Claim stated in the Notice is not resolved within 60 days after the Notice is sent, you or we may proceed with arbitration by filing a demand for arbitration with the AAA and providing the Notice to the AAA.

d. Hearing Location and Costs: Any arbitration hearing that you attend shall be held at a place chosen by the AAA within the federal district in which your address is located at the time the Notice is sent. You will be responsible for paying your share, if any, of the arbitration fees (including filing, administrative, hearing and/or other fees) provided by the rules of the AAA (the “Rules”) to the extent that such fees do not exceed the amount of the filing fees you would have incurred if the Claim had been brought in the state or federal court closest to your address. We will be responsible for paying our share of the arbitration fees as provided by the Rules. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees for any Claim. The arbitration hearing may be conducted in person or by telephonic or video conference. The Rules, as well as forms and information on arbitration generally, are available on the AAA’s website at www.adr.org.

e. Arbitrator Selection and Authority: The arbitrator shall be selected in accordance with the Rules. The arbitrator will follow applicable substantive law to the extent consistent with the Rules and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator may award damages and/or injunctive or other equitable relief, but only to the extent consistent with the Terms of Use or Privacy Policy. The arbitrator will give effect to the applicable statutes of limitation and claims of privilege recognized at law. The arbitrator will take steps to reasonably protect confidential information.

f. Arbitration Award: The arbitrator shall issue a written award setting forth the arbitrator’s reasons for the award. The award shall be final and binding, except for any right of appeal provided by the Federal Arbitration Act (“FAA”). You and we agree that the FAA, and not state law, shall govern the enforceability of this Arbitration Agreement and any award issued by the arbitrator.

g. Class Action Waiver: No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You and we waive any right to assert any Claim against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or is otherwise unenforceable. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. The arbitrator shall have no authority to conduct any class or representative arbitration or to consolidate arbitrations. You and we waive any right to assert any Claim against the other party as a representative or member in any class or representative action, except where such waiver is prohibited by law or is otherwise unenforceable. The arbitrator shall have no authority to conduct any class or representative arbitration or to consolidate arbitrations. However, you retain the right to bring claims in small claims court (or an equivalent court).

h. Survival; Severability: This Arbitration Agreement shall survive the termination of the Terms of Use and Privacy Policy, your use of this website, your Account or any relationship between you and us. If any provision of this Arbitration Agreement is deemed unlawful, void or unenforceable, that provision shall be severed from this Arbitration Agreement and the remaining provisions shall be enforceable, except that if the provisions above waiving or prohibiting class arbitration proceedings are deemed unenforceable with respect to a Claim that may proceed in class or representative form, the entire Arbitration Agreement shall be unenforceable.

i. Small Claims and Government Agency Claims: Notwithstanding the foregoing, either you or we may bring an individual action in small claims court or an equivalent court, but only if the action is brought on an individual basis and is not removed or appealed to a different court. Further, you and we are not required to arbitrate disputes or claims that can be resolved as an individual dispute by a federal, state or local government agency. This means that if the law allows, you can file a complaint with the government agency and we cannot require arbitration of those claims.

j. Injunctive Relief: Notwithstanding the foregoing, nothing in this Arbitration Agreement shall preclude either you or us from seeking provisional or ancillary remedies from a court of competent jurisdiction before, during or after arbitration. The pursuit of provisional or ancillary remedies shall not constitute a waiver of the right or obligation to arbitrate hereunder.

k. Rules of Interpretation: This Arbitration Agreement shall be interpreted according to the following rules. (A) Any disputes regarding the interpretation or enforceability of this Arbitration Agreement shall be resolved in accordance with the FAA. (B) In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. (C) In the event of any conflict between this Arbitration Agreement and any other provision of the Terms of Use or Privacy Policy, this Arbitration Agreement shall control. (D) The use of headings in this Arbitration Agreement is for convenience only and shall not have any effect on its interpretation. (E) The use of the words “including” or “include” shall be read to mean “including without limitation.”

l. Arbitration Agreement with Opt-Out: If you do not want to arbitrate disputes with us and you are an individual, you may opt out of this Arbitration Agreement by sending an email to info@xeniasolution.com within thirty (30) days of the first date you access or use the Services.

Notice to California Residents

If you are a California resident, you have certain rights under the California Consumer Privacy Act (“CCPA”), as amended. You have the right to know what personal information we collect about you, the sources from which we collect it, our purposes for collecting it, the categories of third parties to whom we may disclose your personal information, and the specific personal information we have collected about you in the last 12 months. You have the right to request that we delete your personal information, subject to certain exceptions under the CCPA. To exercise your rights, please submit a request to us by emailing us at info@xeniasolution.com We will not discriminate against you for exercising your CCPA rights.

Privacy Policy

You agree that your use of this website and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the State.