Account Set up and Confirmation
Usage and Compliance with Laws
All accounts are set up for unlimited XLR8 usage with the primary purpose of building and managing your XLR8 business. All emails and or messages sent to your customers will only be at your approval and consent. Only information set up in your account by you will be used to contact customers. XLR8 does not reserve the right to send out messages or content on your behalf.
YOU AGREE THAT YOU WILL ADHERE TO ALL FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS AND THAT YOU SHALL NOT SEND OUT MESSAGES, TEXTS, EMAILS OR ANY OTHER COMMUNICATION IN VIOLATION OF ANY LAW, RULE OR REGULATION. YOU ARE ONLY LEASING XLR8 SOFTWARE AND SHALL INDEMNIFY AND HOLD HARMLESS XLR8 FROM AND AGAINST YOUR MARKEING EFFORTS AND FOR ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, RULES OR REGULATIONS. ACCORDING TO FCC LAWS IT IS ILLEGAL TO SEND COMMERCIAL TEXT MESSAGES TO ADVERTISE OR PROMOTE A PRODUCT OR SERVICE WITHOUT EXPRESS WRITTEN CONSENT TO DO SO.
XLR8 reserves the right to send messages from XLR8’s own accounts to any and all people in the organization, these messages will come from XLR8 accounts and not from your XLR8 account.
Phone Numbers and Intellectual Property
You agree to allow XLR8 to purchase a voice/text number on your behalf for the use of sending and receiving sms messages and voice calls thru your account. As part of your agreement XLR8 will host this number for you. XLR8 will handle all fees and costs associated with your number as part of you service with XLR8. If you cancel your account, XLR8 reserves the right to retain your assigned phone number, you may have the option to purchase the phone number from XLR8 if you desire. Should you purchase the phone number from XLR8, you will then be responsible to handle any and all costs, hosting and billing for the number. You assume all responsibility and legal liabilities that arise from the use of this number and agree to hold XLR8 harmless from any and all legal action that could result from non-compliance associated with this number. XLR8 shall not be responsible for the use of these phone numbers and you accept liability for the same.
You represent that you have full rights and authority to use business information and consumer information, including but not limited to email addresses, phone numbers, and addresses used in connection with your account and that you will only market to consumers who have given advance written authorization to be contacted.
In the occurrence of infringement upon the intellectual property of any person or entity you assume full responsibility for such infringement.
Contracts and Service Term
From the inception date of your account set up you will be placed on a month to month billing cycle. You will not need to renew your services for the next month, this will be done as an automated monthly renewal. Cancellations that occur prior to the end of the current month will become effective immediately and XLR8 will refund the license fee paid for the month in which cancellation occurred.
Grant of License
XLR8 grants a non-exclusive and non-transferable license to you for the use of the XLR8 software subject to the terms and conditions of this and any other agreement XLR8 enters into with you, and as such agreements may be amended from time to time. You as an XLR8 licensee may use the software for the growth of your XLR8 business. You may not transfer or sublicense the software to any third party, in whole or in part, or in any form, whether modified or unmodified. XLR8 reserves the right to revoke the license granted herein and to terminate its relationship with you at any time, with or without cause.
Monthly License Fees
The monthly license fee shall be the greater of $400 or ten percent (10%) of monthly revenue generated through your use of the XLR8 system. XLR8 reserves the right to change monthly license fees at any time at their sole discretion. No changes to monthly fees will be made without notice; notice will be provided via email to the email address on file for your account. Notice will be provided two weeks prior to change. Changes will apply to your next month of service. Set up fees and first month charges will be charged to your account the day following set up and training.
Payment and Refunds
All accounts must make monthly payments via EFT from a checking account or from a major credit card. Your account may be terminated for nonpayment of services. Failure to pay the monthly license fee will result in a forfeiture of commissions earned and all commissions earned after nonpayment will go directly to XLR8.
Any and all refunds requested by you will be made at the sole discretion of XLR8. Refunds may be provided by credits to your XLR8 account.
You agree to hold XLR8 harmless from any misuse, infringement, legal violation, fraud or any other claim arising from your use of XLR8 software. This includes but is not limited to any and all directors, officers, employees, attorneys, successors and assigns associated with XLR8. XLR8 reserves the right to defend themselves, at your expense, in the event that any litigation is brought against them in connection with your account. You do not have any right, and as such prohibited from making any statement or speaking on behalf of XLR8, or take any action, or make any claim on behalf of XLR8 without prior written consent from XLR8.
The software, and any modifications or updates thereto, shall at all times remain the property of XLR8 and the license granted to you herein does not in any way transfer ownership of the software to you. If you find or believe that an error exists in the software, you shall immediately notify XLR8 in writing of such error.
You recognize and agree that XLR8 regards its software as its proprietary information and as a confidential trade secret of great value. You agree not to disclose, copy, disseminate, or other wise use or attempt to manipulate or use the software in a manner inconsistent with this Agreement. You shall not provide or make available the software, or any portion thereof, to any person other than your employees who have a right to use the software. You agree to treat the software with at least the same degree of care with which you treat your own confidential information and in no event with less care than industry standard for treating confidential information. A violation of any provision of this Agreement shall entitle XLR8 to damages and injunctive relief.
Notices: By you
Any notices given by you to XLR8 can be emailed to: email@example.com
Any notices made by XLR8 to you may be made via email to the address on your file. Text message to the cell number we have in your profile or we may also provide notices to you via US postal service to the physical address we have on file.
Both parties agree to mediate any dispute arising from this agreement or use of XLR8 software. Mediation will take place in Washington County, State of Utah, unless XLR8 agrees to another location. No complaints or legal action will be filed with any District court unless mediation has taken place and proven unsuccessful. All mediation fees will be at the cost of the complaining party’s expense.
Any action at law, suit in equity, or any other judicial proceeding, for the enforcement of any provision of this Agreement shall be instituted only in the Fifth District Court in and for Washington County, State of Utah. You agree that the Court shall have exclusive jurisdiction over the enforcement or interpretation of this Agreement.
Warranty and Liability Disclaimer
XLR8 LICENSES AND YOU ACCEPT THE SOFTWARE IN ITS “AS IS” CONDITION. XLR8 PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. XLR8 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE COMPATIBLE TO YOUR SYSTEM, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. XLR8 LIABILITY TO YOU UNDER ANY PROVISION OF THIS AGREEMENT FOR DAMAGES AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID UNDER THIS AGREEMENT BY YOU TO XLR8. IN NO EVENT SHALL XLR8 BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.
Security of Personal Information
XLR8 has and maintains strict policies and procedures to protect information about you during all stages of our relationship with you. In addition, we maintain physical, electronic, and procedural safeguards to protect your personal information. Access to personal information by employees and other representatives is restricted to those individuals who have a business need for such information.
XLR8 and end users (agents) both agree that all information provided by agents for the use of communication with their customers within XLR8 is strictly confidential. This includes but is not limited to (names, addresses, phone numbers, email addresses, documents, financial information, and all information used in connection with the agent's account). XLR8 will not share, sell, disclose, or distribute this information to any other company or vendor for any reason, unless required by law. All information provided by the agent, will remain the property of the agent and remain strictly private. All information within XLR8 will, at all times, remain on "geo-trust" secured servers, as well as being sql certified. All access to any information within XLR8 will be user name and password protected.
We Protect Your Privacy
At XLR8, your privacy is important to us. We want you to know that we do not sell or rent to anyone the information you have entrusted to us and we do not share your personal information with other companies.
Information We May Disclose
We regard all of your personal information as confidential. However, in the course of conducting our business, there are circumstances in which we may use and disclose to other parties the information described above. We may do this only as permitted by law. We may disclose this information to other third parties, as permitted by law, such as a regulator during the course of an examination, or as necessary to protect our rights. Such information may be used to provide, review, and service your account. We may use this information to advise you of additional services offered by us or one of our affiliate companies. When we contract with other parties to help us conduct our business, we require them to protect your personal information. We do not permit them to use or share your personal information for any purpose other than the work they are doing on our behalf, or as required by law. We will continue to limit disclosures of your personal information even if our relationship with you ends. Generally, you have the right to review personal information we have about you. You must request this in writing. We may charge you for copies of records you request. We will not make available information we have collected in connection with or in anticipation of a claim or legal proceeding. If you believe that any of our records are not correct, you may notify us in writing of any corrections you believe should be made. If you have questions about accessing or correcting your information, please direct them to our office.