Terms of Use

NOTICE TO ALL USERS. READ THE FOLLOWING LEGAL AGREEMENT BEFORE USING THIS WEB SITE. BY BROWSING AND USING THIS WEB SITE YOU INDICATE YOUR ASSENT AND AGREEMENT TO THESE TERMS. YOUR USE AND ACCESS TO THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT AGREE TO EVERY TERM AND CONDITION OF THIS AGREEMENT PLEASE DISCONNECT FROM AND DO NOT USE THIS SITE.

1. OWNERSHIP RIGHTS

This Web Site is owned and operated by QIXO, Inc. ("QIXO"). The Web Site is protected by United States copyright law and international treaty provisions. QIXO provides this Web site, www.qixo.com ("Web Site") for your use. You should assume that everything you see, read, or hear on this Site and third-party Sites is copyrighted. You acknowledge that no title to the intellectual property in the Web Site is transferred to you. No material from the Web Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices appearing on such materials. You may not modify, or create derivative works based upon the Web Site or materials contained therein, in whole or in part. In the event you download software from the Web Site, the software, including any files, images and data incorporated therein, are licensed to you by QIXO. The collection, organization, and presentation of information and materials from this Web Site and other linked sites are protected under applicable intellectual property laws. The trademarks, service marks, trade names and logos on this Web Site and third-party sites are the intellectual property, whether registered or unregistered, of QIXO and other third parties. All rights not expressly licensed hereunder are reserved by QIXO or the respective property owners.

2. WARRANTY DISCLAIMER

The Web Site and all elements thereof are provided on an "AS IS" basis without any warranty of any kind, express or implied. QIXO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QIXO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT IT MAKES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QIXO DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION, PROMOTIONS, AND ADVERTISEMENTS ON THIS SITE (OR SENT TO YOU VIA E-MAIL) PROVIDED BY, ACCESSED FROM, DOWNLOADED FROM, EXTRACTED FROM, OR OTHERWISE ORIGINATING FROM PERSONS, ENTITIES, OR OTHER THIRD-PARTIES, INCLUDING, WITHOUT LIMITATION, QIXO USERS, TRAVEL AUTHORS AND EXPERTS, THIRD-PARTY WEB SITES, DATABASES, TRAVEL AGENTS, VENDORS, AND MERCHANTS. YOU ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION, PROMOTIONS, AND ADVERTISEMENTS MAY NOT BE ACCURATE, CORRECT, OR UP-TO-DATE. YOU (AND NOT QIXO) ASSUME THE RISK THAT SUCH INFORMATION IS INCORRECT. QIXO HAS NO RESPONSIBILITY TO (AND IS NOT LIABLE FOR FAILURE TO) CHECK THE ACCURACY THEREOF PRIOR TO MAKING SUCH THIRD-PARTY INFORMATION AVAILABLE TO YOU. QIXO DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR MATERIAL OBTAINED BY YOU FROM THIRD-PARTIES, INCLUDING ANY STATEMENTS, OPINIONS, REPRESENTATIONS, WARRANTIES, OR RECOMMENDATIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. QIXO DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO ANY OF THE PRODUCTS YOU MAY PURCHASE FROM A THIRD PARTY VENDOR OR WEB SITE THROUGH THE WEB SITE. The foregoing shall be enforceable to the maximum extent permitted by applicable law.

3. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL QIXO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, COMPUTER FAILURE OR MALFUNCTION, DISRUPTION OR CANCELLATION OF TRAVEL PLANS, OR ANY AND ALL OTHER DAMAGES OR LOSSES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS MAY NOT APPLY TO YOU.

4. JURISDICTION

Unless otherwise specified, the materials in the Web Site are presented solely for the purpose of promoting QIXO and its products and services within the United States, its territories, possessions and protectorates. The Web Site is controlled by QIXO from its offices within the State of California, USA. QIXO makes no representation that materials in the Web Site are appropriate or available for use in other locations outside the United States. Neither the Web Site nor any underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of ) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any element of the Web Site you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the Web Site.

5. PROHIBITED USE

You shall not use this Site for any purpose that is unlawful or prohibited by these Terms and you agree to respect other users of this Site. You violate QIXO's acceptable use policy when, in addition to any violation of the terms previously mentioned, you, your affiliates, representatives, or subsidiaries engage in any of the following prohibited activities:

posting, publishing, transmitting, advertising, or displaying on this Site or otherwise making available child pornography, or materials that may be considered profane, offensive, obscene, defamatory or otherwise inappropriate;
using this Site for the purposes of spamming (i.e. distribution of unsolicited and unauthorized advertisements or other commercial materials);
defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights, including but not limited to privacy rights, of others;
purposefully or recklessly posting, publishing, or otherwise making available on the Web site incorrect or inaccurate information;
using this Site in violation of intellectual property rights, or rights of privacy or publicity, of others; or
uploading files that contain viruses, corrupted files, worms, Trojan horses, or other software or programs with similar effects that may damage, delay, or disrupt the operation of another's computer, computer network, or other related equipment, or distributing information regarding the creation or use of viruses, worms, Trojan horses, pinging, mailbombing or denial-of-service attacks.

We reserve the right to terminate your membership if, at any time, you engage in any of the prohibited conduct above or any conduct that we reasonably deem to be detrimental to other users. In such instances, you shall forfeit membership "points," "qixos," "dividends" or any other incentives awarded by QIXO accrued but unrealized upon the termination of your membership. In addition, you agree to refund to us the reasonable value of incentive rewards you receive or realize as a result of any illegal or wrongful conduct, or conduct in violatiom of these Terms and Conditions of Use.

6. PASSWORD SECURITY

QIXO shall take all reasonable measures to ensure the security of your password and other private information. However, QIXO shall not be responsible or liable for damages resulting from unauthorized access or use of your password or other private information, except in the case of intentional misconduct by QIXO. You agree not to allow others to use your password to access or use this Site. If you do allow others to use this Site using your password, QIXO shall not be responsible for any damages to you, and you shall indemnify and hold QIXO harmless for any damages to third parties. It is your responsibility to keep your password secure. We recommend that you change your password periodically to ensure its secrecy.

7. QIXO DIVIDEND PROGRAM

QIXO may award you "qixos," "dividends," and/or "points" ("Points") based on certain criteria. QIXO shall use best efforts and all reasonable means to assure that the foregoing are calculated, maintained, and processed accurately and truthfully. However, QIXO shall not be liable or responsible for any inaccuracy in or loss of Points, other than that resulting from its own gross negligence or intentional misconduct. In no circumstances shall QIXO be liable for consequential, indirect, or incidental damages arising out of or relating to the QIXO Dividend Program. QIXO further reserves the right to adjust your Points if it reasonably believes that some or all of your Points have been acquired by clerical or computing error, misrepresentation, or on the basis of incorrect information, whether intentionally or unintentionally provided. If your Points have been incorrectly reduced by error, or if you do not receive Points that you should have received, QIXO shall, in a reasonable time, award you the appropriate Points.

8. NO AGENCY OR EMPLOYMENT

No relationship between QIXO and any third parties, including but not limited to travel agents, travel experts, writers, and QIXO users, whether or not they share in the revenues and/or profits of QIXO, who post, publish, view, receive, or utilize information and/or materials in this Site shall be construed as establishing agency, employment, partnership, joint venture or any other relationship giving rise to vicarious liability of QIXO.

9. MODIFICATION OF THESE TERMS

QIXO reserves the right to change these Terms, delete terms or add new terms. It is your responsibility to check these Terms periodically. Your continued use after changes, deletions, or additions have been made shall constitute your acceptance thereof.

10. ASSIGNABILITY OF THESE TERMS

These Terms are personal to you, and you may not assign these Terms or your rights or obligations thereunder to a third party without QIXO's prior express written consent. QIXO's rights under these Terms may be assigned, and its duties may be delegated.

11. MISCELLANEOUS

These Terms are governed by the laws of the United States and the State of California, without reference to conflict of laws principles. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible to effectuate the intent of this Agreement, and the remainder of these Terms shall continue in full force and effect. You warrant that you possess all legal authority to use this Site in accordance with these Terms. These Terms, in addition to the Privacy Policy available in this Site, constitute the entire understanding and agreement between you and QIXO with respect to all matters relating in any way to the use of this Site. All disputes between you and QIXO will be settled by confidential arbitration in San Jose, California, conducted pursuant to the California Code of Civil Procedures Sections 1280, et seq. Notwithstanding the foregoing, the parties may stipulate and agree to conduct the arbitration pursuant to the then-current rules of the American Arbitration Association or any other agreed-upon arbitration services provider. All arbitration decisions are final and binding, and the judgment based on a ruling may be entered in and by any court of competent jurisdiction. Any rights not expressly granted herein are reserved.