Terms of Use

 

XUVI, LLC ("XUVI") welcomes you to its website and mobile application and its Services.  By using our Services or visiting our website or mobile application, you are agreeing to the following terms and conditions as well as the XUVI Privacy Policy.  If you do not agree to any of these terms, then please do not use our website, products, apps or services (collectively our "Services") as your continued use shall constitute your acceptance of our Terms of Use and Privacy Policy.  Should you object to any term or condition in our Terms of Use and Privacy Policy or any subsequent modifications thereto or become dissatisfied with XUVI in any way, your only recourse is to immediately discontinue use of the Services.

 

XUVI provides a collection of online resources and any unauthorized attempts to upload information or change information is strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986. These Terms of Use apply to all users of XUVI's Services, including users who are also contributors of any content, photographs, articles, information, and other materials or services. These Services may contain links to third-party's and/or their websites and applications that are not owned or controlled by XUVI. XUVI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party. In addition, XUVI will not and cannot censor or edit the content of any third-party's services. By using our Services, you expressly assume individual responsibility and relieve XUVI from any and all liability arising from your use of any third-party services. XUVI hereby grants you permission to use our Services provided that you do not copy or distribute any part of our Services without XUVI' prior written authorization, and you otherwise comply with the terms and conditions of these Terms of Use.

 

Intellectual Property Rights

 

All Services, except all User Submissions (as defined herein), including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included as a part of the Services (the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are the property of XUVI and are protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site and within XUVI's products is the exclusive property of XUVI and is protected by U.S. and international copyright laws. Content accessible through our Services is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. XUVI reserves all rights not expressly granted in and to the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted by XUVI.

 

Use and Protection of Password and ID

 

Portions of our Services may require you to open an account.  Accordingly, XUVI may assign users a password and account ID.  In order to obtain a password and account ID you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. XUVI shall have no obligation to investigate the source of any information provided. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. Quite simply, you will be responsible for any activity conducted under your assigned password or ID.

 

You agree to notify XUVI immediately of any unauthorized use of your account or any other breach of security. XUVI will not be liable for any loss or damages that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by XUVI or another party due to someone else using your account or password.

 

It is the express policy of XUVI that you may not use anyone else's account at any time, without the Written permission of the account holder. However, YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND XUVI, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF OUR Services BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF OUR Services IS OR WAS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE Services) THAT MAY RESULT FROM SUCH ACCESS OR USE.

 

Termination

 

The products, content, information and services included in or accessed through our Services are provided on an "As Is" basis without warranty of any kind.  You may terminate your account at any time by sending an e-mail to us at support@xuvi.com. You further agree that XUVI, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Services, for any reason including, without limitation, breach or assignment of these Terms of Use.  Further, you agree that XUVI shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination.

 

You acknowledge, consent and agree that XUVI may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any User Submissions violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of XUVI, its users and the public.

 

 

 

 

Third Party Content, Sites, and Services

 

The Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of XUVI including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

 

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.

 

You agree that XUVI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third-party, you understand and agree that XUVI is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release XUVI, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Services.

 

You acknowledge and agree that XUVI collects, cleanses, organizes, parses, analyzes and rates ("Spend Analysis") spend information gathered from one or all of the following sources: email receipts, receipt images, transactions from financial institutions and related information, name, email address, location, connections made, login credentials (email, financial institutions), social network public profiles (such as those available via Google, Yahoo, Microsoft, Facebook, Twitter and LinkedIn), demographic information and other linked internet accounts (collectively "Spending Information"). You expressly agree that XUVI may collect, cleanse, organize, parse, analyze, and rate your Spending Information. 

 

You acknowledge and agree that XUVI conducts Spend Analysis on Spending Information through an automated, integrated and actionable environment in an effort to maximize benefits based upon your Spending Information by combining Spending Information with information from third party marketers, vendors and suppliers and other historical or archived information.

 

You acknowledge and agree that XUVI may assign you a SPENDSCORE which is a value XUVI in its sole and absolute discretion, determines based upon the results of XUVI's Spend Analysis, Spending Information, and other information from third party marketers, vendors and suppliers as well as other historical or archived information.

 

You acknowledge and agree that any SPENDSCORE value assigned to you may change, without prior notice, from time to time based on a variety of factors, including, but not limited to: changes to Spend Analysis methods, algorithms; changes to Spending Information; and third party information. You acknowledge and agree that because SPENDSCORE is a numbering system derived using data science, it is bound to be inaccurate or otherwise uncertain.

YOU HEREBY WAIVE ANY CLAIMS, CAUSES OF ACTION, REMEDIES, AND OTHER FORMS OF RELIEF AND EXPRESSLY AGREE TO HOLD XUVI, LLC HARMLESS FOR ANY CLAIMS OR CAUSES WHICH RELATE TO OR ARISE FROM A SPENDSCORE ASSIGNED OR DERIVED BASED UPON SPENDING INFORMATION OR SPEND ANALYSIS. FOR THE AVOIDANCE OF DOUBT, YOU EXPRESSLY ASSUME ANY RISK WHICH MAY RELATE TO HAVING A SPENDSCORE ASSIGNED OR OTHERWISE DERIVED THROUGH USE OF XUVI, LLC'S WEBSITE OR MOBILE APPLICATIONS AND SERVICES.

 

Claims of Copyright Infringement

 

XUVI respects the intellectual property rights of others.  Thus, if you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing sending an email to support@xuvi.com with the following information consistent with 17 U.S.C 512(c)(3):

 

            (i)        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

            (ii)       Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

            (iii)      Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

            (iv)      Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

            (v)       A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

            (vi)      A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

 

Please note that this procedure is exclusively for notifying XUVI that your copyrighted material has been infringed. The preceding requirements are intended to comply with XUVI' rights and obligations under the DMCA, but do not constitute legal advice. In accordance with the DMCA and other applicable law, XUVI has adopted a policy of terminating, in appropriate circumstances and at XUVI' sole discretion, members who are deemed to be repeat infringers. XUVI may also at its sole discretion limit access to and/or terminate the member accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

User Conduct

 

By using, viewing or accessing the XUVI Services, you expressly agree to not use the Services to:

 

            i) upload, post, email, transmit or otherwise make available any User Submissions that are unlawful, harmful, threatening, pornographic, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

 

            ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

            iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions;

 

            iv) upload, post, email, transmit or otherwise make available any User Submissions that you do not have a right to make available under any law or under any contractual or fiduciary relationship;

           

            v) upload, post, email, transmit or otherwise make available any User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

 

            vi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "multilevel marketing," or any other form of solicitation;

 

            vii) upload, post, email, transmit or otherwise make available any material that may contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

            viii) interfere with or disrupt our website, mobile applications, servers, or networks connected to our website/mobile application, or disobey any requirements, procedures, policies or regulations of networks connected to our website or mobile application;

 

            ix) intentionally or unintentionally violate any applicable local, state, national or international law; and/or "stalk," "prey upon," "bully," "intimidate" or otherwise harass another;

 

            x)  collect content or information, or otherwise access XUVI, using automated means (such as harvesting bots, robots, spiders, or scrapers) without prior written permission.

 

Prohibited Uses

 

As a condition of your use of our Services, you agree that you will not use our Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use our Services in any manner that could damage, disable, overburden, or impair any XUVI' server, or the network(s) connected to any XUVI' server, or interfere with any other party's use and enjoyment of our Services. You may not attempt to gain unauthorized access to our Services, other accounts, computer systems or networks connected to any XUVI' server or our Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services.

 

No Spam Policy

 

You understand and agree that sending unsolicited email advertisements to XUVI email addresses or through XUVI computer systems is expressly prohibited. Any unauthorized use of XUVI computer systems is a violation of these Terms of Use and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. å¤ 1030 et seq.), as well as applicable State statutes and regulations. Such violations may subject the sender and his or her agents to civil and criminal penalties.

 

Assignment

 

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned only by XUVI without restriction.

 

Warranty Disclaimer

 

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, XUVI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. XUVI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE XUVI SERVICES. XUVI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE XUVI SERVICES OR ANY HYPERLINKED WEBSITE OR MOBILE APPLICATION OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND XUVI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Limitation of Liability

 

IN NO EVENT SHALL XUVI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE XUVI SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT XUVI SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

Our Services are controlled and offered by XUVI from its facilities in the United States of America. XUVI makes no representations that our Services are appropriate or available for use in other locations. Those who access or use our Services from other jurisdictions do so at their own risk and are responsible for compliance with local law.

 

Indemnity

 

By using, viewing or accessing XUVI Services, you agree to indemnify and hold XUVI and its officers, directors, agents, subsidiaries, joint ventures and/or employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the XUVI Privacy Policy, or your violation of any law or the rights of a third-party.

 

California Residents

 

If you are a California resident, then in connection with releases or other obligations set forth herein, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

 

Advertisers or Sponsors

 

Your correspondence or business dealings with, or participation in promotions, discounts or offers made by advertisers or sponsors found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that XUVI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on our Services.

 

Modifications

 

XUVI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services, or any part thereof, with or without notice. You agree that XUVI shall not be liable to you or to any third party for any modification, suspension or discontinuance of any service (whether such service was offered by XUVI or any business or merchant utilizing the Services).  Likewise, we reserve the right, at our sole discretion, to change, modify or otherwise alter the terms and conditions or our Terms of Use or Privacy Policy. Such modifications shall become effective immediately upon the posting thereof. You must review the agreements on a regular basis to keep yourself apprised of any changes.

 

XUVI is not responsible for any modification, addition or removal of any service, promotion, loyalty program, feature, product or information offered by any business or merchant affiliate.  Businesses and merchants utilizing the Services have the exclusive right to modify, remove or discontinue any loyalty program, promotion, service, feature, product or offer at any time and in their sole and absolute discretion.  Likewise, Businesses and merchants utilizing the Services have the exclusive ability to set any expiration or termination date or terms on any store credit, promotion or offering at any time and in their sole and absolute discretion.

 

 

General

 

By using, viewing or accessing XUVI's Services, you agree that: (i) our Services shall be deemed solely based in Nevada; and (ii) our website and mobile application and associated Services is a passive website or mobile application that does not give rise to personal jurisdiction over XUVI, either specific or general, in jurisdictions other than Nevada. These Terms of Use shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Venue for any legal action concerning any claim or dispute between you and XUVI that arises in whole or in part from our Services or any other transaction between you and XUVI shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by using, viewing and/or accessing the XUVI Services you expressly consent to jurisdiction and venue in such court. These Terms of Use, together with the XUVI Privacy Policy and any other legal notices published by XUVI on our website/mobile application, shall constitute the entire agreement between you and XUVI concerning our website/mobile application. If any provision of these Terms of Use or the XUVI Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions therein, which shall remain in full force and effect. No waiver of any term of this these Terms of Use or the XUVI Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and XUVI' failure to assert any right or provision under these Terms of Use or the XUVI Privacy Policy shall not constitute a waiver of such right or provision. XUVI reserves the right to amend these Terms of Use or the XUVI Privacy Policy at any time and without notice, and it is your responsibility to review these Terms of Use or the XUVI Privacy Policy for any changes. Your use of our Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.

 

Acceptance of Terms of Use

 

You affirm that you are: i) at least 18 years of age; ii) an emancipated minor; or iii) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and the XUVI Privacy Policy, and to abide by and comply with such terms, conditions and obligations.

 

Contacting Us

 

If there are any questions regarding these Terms of Use or your would like to report a violation of the terms set forth herein, you may contact us by sending an email to support@xuvi.com.

 

Effective date: June 9, 2016.