Hello and welcome to our website (the “Site”). We hope you enjoy learning about us and our various offerings. Please read these terms of use (“Terms of Use”) carefully because they are a binding agreement between you and Xtra Point Group LLC (“Xtra Point,” “we,” “our,” or “us”). These Terms of Use apply to your use of the Site. You automatically agree to these Terms of Use and you acknowledge our Privacy Policy by using or accessing the Site. If you do not agree with these Terms of Use, do not access or use this Site.
- Your Use of the Site
Xtra Point owns and operates the Site. The documents and other information and content available on the Site, including, for example, any information made available to you during a demo of our platform (a “Demo”) are collectively referred to as “Site Content.” Xtra Point grants you a limited, revocable license to access and use the Site and the Site Content and to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content as an applicant for employment, a current or potential customer, a current or potential business partner, or a current or potential investor of Xtra Point. You are required to retain all copyright and other proprietary notices on any copies of the Site Content. Using the Site does not give you any ownership rights to the Site Content. Further, nothing in these Terms of Use is to be construed as conferring to you any license or right under any patent, copyright, trademark, or other intellectual property right of Xtra Point or any third party. Xtra Point and its suppliers reserve all rights not granted in these Terms of Use.
You may not provide any Content (as defined in Section 5) or use the Site in any way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any Site feature. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any Site Content or any portion of the Site Content in any electronic medium or in hard copy, or create any derivative work based on such Site Content, without our express written permission. The Site and Site Content are for informational purposes only and we do not make any recommendations on or via the Site; accordingly, you should not rely upon the Site or Site Content as the sole basis for any decision or action.
- Trademarks
All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of third parties. You are not permitted to use these Marks without the Marks’ owner’s prior written permission.
- Modification
Xtra Point reserves the right to (i) modify the Site Content or to (ii) modify, suspend, or discontinue the Site or any part the Site (including, for example, any Demo) at any time with or without notice to you. You agree that Xtra Point will not be liable to you or to any third party for any modification of the Site Content or any modification, suspension, or discontinuance of the Site.
- Feedback
All information, ideas, suggestions or other communications you submit or provide to us will be non-confidential and non-proprietary (“Feedback”). Accordingly, do not submit or provide Xtra Point with any information you consider confidential or proprietary. Unless you and Xtra Point agree otherwise in a written agreement, Xtra Point will be entitled to use, disclose or distribute any Feedback for any purpose whatsoever (including commercial purposes) without any obligation to you (monetary or otherwise).
- User Submissions
The Site may enable you to submit emails, request a Demo or otherwise provide certain content, data or other information (“Content”) to Xtra Point. You can only post Content if you own all the rights to the Content or if the owner has given you permission. You do not transfer ownership of the Content you provide, submit or post; however, by doing so, you grant Xtra Point the irrevocable right to use, copy, modify publish, perform, transmit and display such Content in accordance with these Terms of Use, and you waive any moral rights you may have in such Content. Xtra Point will be free to use such Content for any reason whatsoever.
- Privacy Policy
Please review the Site’s Privacy Policy which can be accessed on the Site’s homepage.
- Third-Party Links
The Site may contain links to websites that are owned and/or operated by third parties. Such websites are not under our control. We provide these links only as a convenience and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. We are not responsible for such websites’ content or for any link(s) they may contain.
- Warranty Disclaimer
XTRA POINT DOES NOT MAKE ANY WARRANTIES OR PROMISES ABOUT THE SITE OR SITE CONTENT. FOR EXAMPLE, INFORMATION ON THIS SITE MAY NOT BE CURRENT, OR COMPLETE WHEN YOU VISIT THE SITE AND IT MAY CONTAIN ERRORS AND INACCURACIES. ADDITIONALLY, WE DO NOT MAKE ANY COMMITMENTS OF THE SITE’S FUNCTIONALITY, AVAILABILITY, RELIABILITY OR ABILITY TO MEET YOUR NEEDS. XTRA POINT PROVIDES THE SITE AND SITE CONTENT “AS IS” AND FOR YOUR USE AT YOUR OWN RISK. SOME JURISDICTIONS PROVIDE CERTAIN WARRANTIES, SUCH AS NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT WE ARE PERMITTED BY LAW, XTRA POINT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING ALL THE WARRANTIES LISTED ABOVE, AND ANY WARRANTIES OF TITLE, ACCURACY, AND QUIET ENJOYMENT. THE DEMO FEATURES AND TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND ARE WITHOUT ANY WARRANTY OF ANY KIND.
- Indemnification
You agree to indemnify and hold Xtra Point, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Xtra Point Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your Content or (b) your violation of any applicable laws, rules or regulations. Xtra Point reserves the right, at its own cost, to assume the exclusive defense and control of any matter requiring indemnification by you, in which event you will fully cooperate with Xtra Point in asserting any available defenses. You agree that the provisions in this section will survive your access or use of the Site.
- Limitation of Liability
YOU UNDERSTAND AND AGREE THAT EXCEPT WHERE PROHIBITED, IN NO EVENT WILL THE XTRA POINT PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT A XTRA POINT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE XTRA POINT PARTIES’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED FIFTY DOLLARS (US$50).
- International Site Visitors
The Site can be accessed from countries around the world and may contain references to products and services that are not available in your country. These references do not imply that Xtra Point intends to provide any product or service offerings in your country. We control and operate the Site, the Site Content and our offerings from our facilities in the United States of America. Xtra Point makes no representations that the Site, the Site Content, and any of our offerings are or will be appropriate or available for use in foreign countries. Those who access or use Site or the Site Content from other jurisdictions do so at their own volition and are responsible for compliance with all applicable laws.
- Amendment(s)
We may change these Terms of Use from time to time for any reason.
- Additional terms
We currently have various service offerings. If you subscribe to any such offerings, we will provide such services under a separate digitally or manually executed agreement. Such agreement will supersede these Terms of Use. These Terms of Use may also be superseded by expressly designated legal notices or terms located on particular pages of the Site.
- Governing Law; Venue
These Terms of Use and any related action will be governed and interpreted by and under the laws of the State of Florida, without regard conflicts of laws, principles or rules. Venue for any dispute arising out of these Terms of Use will be the state courts located in Duval County, Florida, or the federal courts of the United States in the Middle District of Florida, and each party (you and Xtra Point) consents to personal jurisdiction to such court(s) and also waives any right it may otherwise have to challenge the appropriateness of such forums.
- General Provisions
Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any particular provision of these Terms of Use is held invalid or unenforceable, that part will be modified to reflect the original intention of the parties, and the other parts will remain in full force and effect.
- Contact Information
If you have any questions about these Terms of Use, please contact us at help@xtrapointgroup.com.