Terms & Conditions

Welcome to the Abraxas Technology public website, and to our clients, welcome to the site where you may access information furnished by Abraxas HQ (the “Site”). By accessing and using this Site, you agree to follow and be bound by the following terms and conditions concerning your use of this Site (“Terms of Use”). We may revise these Terms of Use at any time without prior notice. This Terms of Use was last updated April of 2018.

Use of Site Information

Our Site, including text, documents, graphics, and logos belong to us (or our respective licensees). You are not authorized to modify or alter this content in any way. Likewise, you may not copy, reverse engineer, or otherwise improperly use or misappropriate any of our content or anything found on this Site in any way. Only with the express written consent of Abraxas Technology, Inc. (“Abraxas”), except where your use may constitute fair use under relevant copyright law, may you download, print, copy, or otherwise reproduce or use any of the content or information found on this Site.

Privacy

For details regarding our Privacy Policy, and how to submit questions or requests regarding the use of your data, data privacy, or any similar issues, please see our Privacy Policy, and if you still have questions you may email us at privacy@abraxastechnology.com

Passwords and Security

You are responsible for the safety and security of your passwords and how your account is accessed through this Site. You must take care to keep passwords confidential, and to choose passwords that are not easily guessed or hacked. You are 100% responsible for all Site activity conducted with or through your password-protected account. You must notify Abraxas immediately if you believe your account security has been compromised.

Use of Software

If you are given access to any software, documents, or anything else that you are able to download from this Site (“Software”), be advised that all such downloads constitute copyrighted works created by Abraxas and / or its third party vendors. All rights, ownership, title, and other interests in such Software that are not expressly granted to you are reserved. Your use of any such Software may further be governed by specific license, service level, or other types of agreements, and you are not authorized to access, download, install, or use any Software unless you agree to all relevant agreements for any such Software.
Downloadable applications (commonly referred to as “Apps”) made available to you through Third Party Platforms constitute “Software” under these Terms of Use. Apps are licensed, not sold, to you, and are further subject to the terms and conditions, end user license agreement, privacy policy, and other agreements you agree to as part of your license of the app from the applicable Third Party Platform.

If you believe that any content in the Abraxas Site violates your copyright, please notify Abraxas in writing at info@abraxastechnology.com or by writing us via mail at our office in Austin, TX. Abraxas cannot take action unless you give us all the required information. In order for us to take action, you must do the following in your notice:

(i) provide your physical or electronic signature;

(ii) identify the copyrighted work that you believe is being infringed;

(iii) identify the item that you think is infringing and include sufficient information about where the material is located (including, for example, the specific web page on our Site) so that Abraxas can find it;

(iv) provide us with a way to contact you (such as address, telephone number, or email);

(v) provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by Abraxas; and

(vi) provide a statement that the information you provide in the notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

Dispute Resolution

You agree that all disputes between you and Abraxas (whether or not such dispute involves a third party) with regard to your relationship with Abraxas, including without limitation disputes related to these Terms of Use, your use of this Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Abraxas hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Abraxas will participate in a class action or class-wide arbitration for any claims covered by this agreement.

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Abraxas is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and eighty (180) days of filing the case, then either Abraxas or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You agree that any claim you may have arising out of or related to your relationship with Abraxas must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These terms of use are governed by and construed in accordance with the laws of the state of Texas, without giving effect to any principles of conflicts of law. Furthermore, you agree to use this Site and otherwise interact with Abraxas based in principles of good faith and fair dealing. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Abraxas’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Abraxas reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Abraxas.

Entire Agreement

If you are using the Site on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Abraxas and governs your use of the Service, superseding any prior agreements between you and Abraxas. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Abraxas. Any purported assignment or delegation by you without the appropriate prior written consent of Abraxas will be null and void. Abraxas may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Termination Of Use

You agree that Abraxas may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Abraxas.

Copyright Notice

Copyright © 2017-2018, Abraxas Technology, Inc. All rights reserved.

Copyright Notice

If you have any additional questions or concerns, please feel free to contact us:

Abraxas Technology, Inc.

ATTN: Legal

4009 Banister Lane, #430

Austin, Texas 78704

info@abraxastechnology.com

Brad Gold is the Data Privacy Officer of Abraxas Technology.

Follow us on Twitter @Abraxas_Tech