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QuiXshare Member Agreement
Welcome to QuiXshare
and thank you for joining
QuiXbuX$! We look forward to helping you "Earn While You
Shop" With you new
QuiXbuX$ Q card.
Top 10 Things You Should Know
About Your Membership:
10.
You need to log in to our community within 14
days, or we may delete your account and make it
available to someone else.
9.
Privacy is of great importance to us, and we take
it very seriously. By trusting us with your personal
information, we can help you with your shopping
experience. No information will ever be disclosed to any
third party companies.
8.
We give you QuiXbuX$â
and Cash for purchases made, but you are
responsible to pay a reasonable rate for shipping and
handling. You will also pay any applicable sales taxes.
7.
You must be 13 years old and a U.S. resident to
participate.
6.
Remember to log in when you come to
www.quixshare.com. If you don't log in, we can't credit
you for your purchases, and you can't use your QuiXbuX$â.
5.
You may terminate your account at any time.
4.
Membership is Free, but to remain active so that
you may earn additional QuiXbuX$â
from referrals,
you must spend a minimum of $25.00 dollars every
30 days with in our network of shopping malls and their
merchants.
3.
When you use your membership email accounts,
don't spam anybody or break any laws.
2.
We will be constantly offering you new and
exciting ways to earn QuiXbuX$ as you shop with our
Malls and their Merchants.
1.
Bottom Line: Please obey the rules,
and let’s develop a life long friendship together.
Please take a
moment and review the following Member Agreement. The
Member Agreement is a contract between you and QuiXshare
International, Inc..
MEMBER AGREEMENT
(last updated on May 25th, 2001)
This Member Agreement applies to all of the
membership products and services provided by QuiXshare
International, Inc, a privately held company, and its
subsidiaries, Incorporated, dba QuiXbuX$â,
and (collectively, "QuiXshare.") QuiXshare
International requires that all visitors to our site
comply with the following rules and regulations.
1. Acceptance of Terms; Modification of Terms and
Benefits
By accessing our site, registering as a member of the
QuiXshare.com and our network or shopping mall and
merchants, or using our QuiXbuX$ loyalty Visa card
rewards program, you agree that you have read,
understand and agree to these terms and conditions, as
they may be modified by QuiXshare International from
time to time (the "Member Agreement"). You
also agree that your use of this site and your
participation in our QuiXbuX$â
loyalty rewards program is subject to this Member
Agreement. If you do not agree to be bound by this
Member Agreement, please do not use this site, do not
register to be a member of the QuiXshare’s shopping
network, and do not use our QuiXbuX$â
loyalty Visa card rewards program.
QuiXshare International reserves the right, at any
time, to modify or discontinue, in whole or in part,
this Member Agreement and the benefits available to
members, including the ability to participate in its
QuiXbuX$â
loyalty rewards program. Such change, termination or
modification may be done with or without notice to you.
QuiXshare International shall not be liable to you or
any affiliate store or shopping mall should QuiXshare
International exercise its right to modify or
discontinue the QuiXbuX$â
loyalty rewards program. Please check this page
periodically for changes and for the most current
version of the Member Agreement.
2. Privacy Policy
QuiXshare International respects your privacy and has
developed a Privacy Policy to protect your personal
information. Please take the time to review our Privacy
Policy.
3. Your Participation With QuiXshare
International
a. Account Creation. You must be a resident of
the United States and be at least 13 years of age to
become a member of the QuiXshare’s network of shopping
malls and their merchants or its Web sites, and to
participate in our QuiXbuX$â
loyalty Visa card rewards program. You must provide
QuiXshare with valid contact information. Individuals
are limited to only one (1) member account and
households are limited to no more than two (2) member
accounts. Each account must have a unique and valid
email contact address. QuiXshare has the right to
terminate any duplicate accounts, resulting in the
potential loss of accumulated QuiXbuX$â.
QuiXshare also may unilaterally terminate any account
without notice containing untruthful information.
b. Honesty. You agree not to abuse your
membership by engaging in conduct which is detrimental
to QuiXshare, including: (1) attempting to accrue or
spend QuiXbuX$â
in a manner which is inconsistent with the policies of
QuiXshare International or the intentof this Member
Agreement; (2) having multiple accounts against more
than one email address; (3) attempting to earn QuiXbuX$â
through other than legitimate channels; (4)
participating in purchasing or redemption fraud; or (5)
tampering with QuiXshare’s shopping mall links. You
agree not to forward any QuiXshare offers or promotions
to others without first obtaining the express written
permission of QuiXshare. Offers and promotions are
specific to your membership unless otherwise stated.
Anyone attempting to earn or redeem QuiXbuX$â
in a fraudulent manner will be vigorously prosecuted
under all applicable federal and state laws.
c. Obey the Law. You agree to comply with all
applicable rules, laws, and regulations. You acknowledge
that you may participate as a QuiXshare member only if
and to the extent your participation is permitted by
such laws, rules, and regulations. QuiXshare may refuse
to enroll you as a member, or to restrict, modify, or
terminate your participation in QuiXshare’s QuiXbuX$
loyalty Visa card rewards program without liability to
you or any other party, if you violate any law, rule, or
regulation, or if your participation in the QuiXbuX$â
loyalty rewards program could violate any law, rule, or
regulation.
d. Communicating with You. You agree to
promptly notify QuiXshare of any change in address (mail
or email or phone number) by updating your personal
information at the QuiXshare Member Center.
e. Protect Member ID and Password. You will
receive your Member ID and password via email upon
completion of the registration process. You are
responsible for maintaining the confidentiality of your
Member ID and password, and you are fully responsible
for all activities that occur while using your Member ID
and password. Please notify QuiXshare immediately of any
unauthorized use of your membership or password or any
other breach of security.
f. Login After Sign-up. You must login to your
newly created membership within 14 days of the date you
enrolled. This is required to ensure that your
membership account is valid. This process also frees-up
Member IDs from invalid accounts to be used by new
members. If you fail to login within 14 days, any
QuiXbuX$â
in your membership account may be deleted.
4. QuiXshare’s QuiXbuX$â
a. QuiXbuX$â
Redemption. QuiXbuX$â
may be redeemed for cash and services found in the
QuiXshare’s QuiXshop Mall. The amount of the QuiXbuX$â
redemption will be subtracted from your account once the
redemption is requested. QuiXbuX$â
may not be used to pay for, or as a set-off against, any
other QuiXshare products or services or marketing
X-ecutives (mX) qualification purchases. United States
currency must be used for these qualifying requirements.
b. Refunds or Returns. If the product is returned, the QuiXbuX$â
will
be reversed and subtracted from your QuiXbuX$â
balance.
If a member has redeemed QuiXbuX$â
from product that is subsequently returned, the member is
liable for the value of the
QuiXbuX$â
that
were reversed due to the product being returned.
c. Shipping and Handling. You are responsible
for the payment of any applicable shipping and/or
handling charges associated with the redemption of
QuiXbuX$. QuiXbuX$â
cannot be used to pay for shipping and handling charges,
unless converted into cash.
d. Earning QuiXbuX$â.
When you purchase products from any of QuiXshare’s
affiliate Malls and their Merchants, your member
QuiXbuX$ Visa account will usually accrue a percentage
of the purchase price in QuiXbuX$â
based on your "net purchase." The "net
purchase" is defined as the total amount you paid
to QuiXshare or to an affiliate store, minus any
applicable taxes, gift wrapping, shipping, handling,
promotional credits, returns, cancellations, transaction
fees, and any other setoff items described in an
affiliate store's policies or use agreement. The
percentage accrued will vary depending on the product
purchased and/or the affiliate store selected. To find
out what percentage we will pay you for each affiliate
or store, simply click on the link to that store.
e. Adjustments in Your QuiXbuX$â
Account. QuiXbuX$â
awarded to you are subject to adjustments for returns,
cancellations, refunds, and other events at the
discretion of QuiXshare International. Adjustments may
be applied at any time by QuiXshare to your QuiXbuX$â
account. If you disagree with any adjustments made in
your account, please contact QuiXshare’s customer
support. However, if your disagreement cannot be
resolved, your only remedy will be to terminate your
membership.
f. Don't Forget to Log In. You must be
properly logged in to the QuiXshare.com Community using
your Member ID and password in order to receive proper
credit for QuiXbuX$ earned on your purchases, and
to be able to use your QuiXbuX$â
to earn cash to purchase products. QuiXshare will not
credit your QuiXbuX$ account after a purchase if
you fail to log in prior to the purchase. Contact us if
you forget your password or cannot log in. We want you
to receive credit for every purchase you make.
g. QuiXbuX$â
and Your Membership Cannot Be Transferred. You
cannot transfer QuiXbuX$ from your membership
account to any other membership account or to any other
person or entity. You also cannot transfer your
membership to any other person or entity.
h. You Must Be a Member at the Time of Redemption.
You must have a valid membership account with QuiXshare
International at the time you redeem your QuiXbuX$.
Memberships typically last for a period of 2 years. If
you permit your membership to expire, you will have only
thirty (30) days after the expiration to renew your
membership and still maintain any accrued QuiXbuX$ and
Cash in your account.
i. You Have Two Years to Use Each of Your QuiXbuX$.
You must redeem each of the QuiXbuX$ in your
account within two (2) years from the date it is earned.
If you do not use your QuiXbuX$ within this
period they will automatically expire.
j. Dealing with 3rd Parties; Delay or Failure to
Credit QuiXbuX$â.
Your correspondence with or participation in promotions
of QuiXshare’s affiliates is solely between you and
the respective affiliate. QuiXshare assumes no
liability, obligation, or responsibility for any part of
any such correspondence or promotion, including without
limitation, withdrawal or modification of offers or
promotions. You understand that, in some cases, there
may be a delay or failure in the crediting of QuiXbuX$
for promotions of affiliates due to such affiliate's
failure to provide necessary information to QuiXshare
for such crediting. QuiXshare International is neither
responsible nor liable for the delay or failure to
credit QuiXbuX$ in such an event.
k. Value of QuiXbuX$. QuiXbuX$ are only
redeemable for Cash or for products and services that
are typically priced at the manufacturer's suggested
retail price.
l. Taxes. If applicable, you are responsible
for the payment of sales taxes. QuiXbuX$â
cannot be used to pay sales taxes. You acknowledge that
QuiXshare makes no representation or gives you any
advice about the sales or income tax consequences of
your accrual and redemption of QuiXbuX$â.
If you have any questions about the tax treatment of
QuiXbuX$â,
please ask your own lawyer or accountant. You agree to
hold harmless and indemnify QuiXshare from any and all
tax consequences that may occur as a result of your
participation in our QuiXbuX$â
loyalty rewards program.
5. Termination of Your Membership.
a. Termination by You. You may terminate your
account at any time by communicating your termination to
QuiXshare.com by email or regular mail. Such termination
is effective immediately. You may not earn or redeem any
QuiXbuX$â
after termination. Should you object to any of the terms
of this Member Agreement, or any subsequent
modifications thereto, or become dissatisfied with
QuiXshare, your only recourse is to immediately
discontinue participation in the QuiXbuX$â
loyalty rewards program and to terminate your
membership.
b. Termination by QuiXshare International.
QuiXshare reserves the right to terminate the membership
of any member who appears to be using QuiXbuX$â
in a manner inconsistent with this Member Agreement, the
intent of this Member Agreement, or any QuiXshare rule
or policy. QuiXshare shall be the sole determiner in
cases of suspected abuse, fraud, or violation of its
rules, and any decision it makes relating to termination
of a membership (including cancellation QuiXbuX$â)
shall be final and binding.
6. QuiXshare International is Not a Bank; No
Reserves
You acknowledge that QuiXshare International is not a
bank, that your QuiXbuX$â
account is not a deposit, that you will earn no interest
on your QuiXbuX$â
or cash deposited into your account, that your
QuiXbuX$â
are not held in trust, and that your QuiXbuX$â
account is not insured by any government agency. You
acknowledge that QuiXshare will not retain any reserves
for accrued but unredeemed QuiXbuX$â.
In the event any reserve account is legally required,
QuiXshare International may immediately terminate the
QuiXbuX$â
loyalty rewards program.
7. Use of Email.
As a condition of your use of your QuiXshare.com
email service, including any instant messaging, message
boards, chat, and other services which may be offered
from time to time by QuiXshare.com (the "Email
Service"), you warrant to QuiXshare.com that you
will not use the Email Service for any purpose that is
unlawful or prohibited by these terms, conditions, and
notices. The Email Service is provided principally for
personal use. Any unauthorized commercial use of the
Service, or the resale of its services, is expressly
prohibited. The definition of Email Service also
includes the use of email services provided by any third
party where the email sent includes a link to your email
account, a link to any QuiXshare.com hosted Web site, or
any reference whatsoever to QuiXshare.com.
You agree to abide by all applicable local, state,
national and international laws and regulations and are
solely responsible for all acts or omissions that occur
under your account or password, including the content of
your transmissions through the Email Service. By way of
example, and not as a limitation, you agree not to:
- Use the Email Service in
connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any
duplicative or unsolicited messages (commercial or
otherwise).
- Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, distribute or
disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful material
or information.
- Harvest or otherwise collect
information about others, including email addresses,
without their consent.
- Create a false identity for
the purpose of misleading others as to the identity
of the sender or the origin of a message.
- Use, download, or otherwise
copy or provide (whether or not for a fee) to a
person or entity that is not an Email Service member
any directory of the Email Service members or other
user or usage information or any portion thereof,
other than in the context of your use of the Email
Service as permitted under the Member Agreement.
- Transmit or upload any
material that contains viruses, trojan horses,
worms, time bombs, cancelbots, or any other harmful
or deleterious programs.
- Transmit or upload any
material that contains software or other material
protected by intellectual property laws, rights of
privacy or publicity, or any other applicable law
unless you own or control the rights thereto or have
received all necessary consents.
- Interfere with or disrupt
networks connected to the Service or violate the
regulations, policies, or procedures of such
networks.
- Attempt to gain unauthorized
access to the Email Service, other accounts,
computer systems, or networks connected to the Email
Service, through password mining or any other means.
- Violate any applicable laws
or regulations including, without limitation, laws
regarding the transmission of technical data or
software exported from the United States through the
service.
- Interfere with another
member's use and enjoyment of the Email Service or
another individual's or entity's use and enjoyment
of similar services.
QuiXshare
International has no obligation to monitor the Email
Service or any user's use thereof or retain the content
of any user session. However, QuiXshare International
reserves the right at all times to monitor, review,
retain and/or disclose any information as necessary to
satisfy any applicable law, regulation, legal process or
governmental request.
QuiXshare International will immediately terminate
without notice any account and/or hosted Web site which
it believes, in its sole discretion, is transmitting or
is otherwise connected with any spam or other
unsolicited bulk email. In addition, because damages are
often difficult to quantify, if actual damages cannot be
reasonably calculated, then you agree to pay QuiXshare
International liquidated damages of $5 for each piece of
spam or unsolicited bulk email transmitted from or
otherwise connected with your account; otherwise you
agree to pay QuiXshare International actual damages, to
the extent such actual damages can be reasonably
calculated.
8. Legal Topics:
a. Copyright & Trademark Notices
The documentation, software and other materials
contained at this site and used in the QuiXshare
International, QuiXbuX$â
loyalty rewards program are owned and copyrighted by
QuiXshare International, P.O. Box 25522, Honolulu,
Hawaii 96825-0522. QuiXshare International prohibits
unauthorized links to the QuiXshare.com Web site.
QuiXshare.com reserves the right to disable any
unauthorized links or frames and specifically disclaims
any responsibility for the content available on any
other Internet sites linked to this site.
QuiXshare.com, QuiXshare Community, QuiXshare.com
Community, MegabuX$, QuiXcash, QuiXbuX$â,
QuiXshare.com Shopping, Earn While You Spend, Earn As
You Spend, You've Earned QuiXbuX$, QuiXlink, the
QuiXshare International logo as well as other names of
QuiXshare.com products, product features and services
are trademarks and/or service marks of QuiXshare
International in the United States and other countries.
Other products and services mentioned on this Web site
may be the trademarks of their respective owners.
Nothing contained herein shall be construed as
conferring, by implication, estoppel, or any other legal
theory, a license or right to any patent, trademark,
copyright or other intellectual property right, except
those expressly provided herein. The products,
processes, software and other technology described at
this site may be the subject of other intellectual
property rights owned by QuiXshare International or by
third parties and no licenses are granted herein.
You may use the information contained on this site
for informational purposes only. Commercial uses or
duplication are prohibited. You may not change or modify
the information in any way that may be adverse to the
interests of QuiXshare International.
b. Disclaimer of Warranties. You expressly
agree that you are using QuiXbuX$â
and your QuiXshare membership at your own sole risk.
QuiXshare.com’s Web site, and all services offered
therein, including the QuiXbuX$â
loyalty rewards program, are provided on a strictly
"as is" and "as available" basis.
QUIXSHARE INTERNATIONAL MAKES NO WARRANTY WITH REGARD
TO: ANY PRODUCTS, SERVICES OR REWARDS OBTAINED BY
MEMBERS THROUGH ITS QUIXBUX$ LOYALTY REWARDS PROGRAM OR
THROUGH QUIXBUX$ VISA CARD PROGRAM, OR THROUGH
QUIXSHARE’S AFFILIATES; THAT QUIXBUX$ OR THE
QUIXSHARE’S NETWORK OR SHOPPING MALLS AND THEIR
MERCHANTS WILL MEET YOUR REQUIREMENTS; OR THAT QUIXBUX$
OR THE QUIXSHARE.COM COMMUNITY AND WEB SITES WILL BE
UNINTERRUPTED, TIMELY, AND ERROR FREE. NOR DOES
QUIXSHARE.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE QUIXSHARE COMMUNITY
AND WEB SITES AND QUIXBUX$ OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED BY OR FROM
QUIXSHARE.COM.
QuiXshare.com disclaims any and all express and
implied warranties, including, but not limited to, the
implied warranties of merchantability, fitness for a
particular purpose and non-infringement. QuiXshare shall
not be liable or responsible for those guarantees,
warranties and representations, if any, offered by
QuiXshare affiliates, partners, manufacturers of
merchandise or suppliers of services. No advice or
information, whether oral or written, obtained by a
member from QuiXshare shall create any warranty not
expressly made herein.
c. Limitation of Liability. QUIXSHARE
INTERNATIONAL SHALL NOT BE LIABLE FOR ANY DAMAGES,
WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR
INABILITY TO PARTICIPATE IN THE QUIXBUX$ LOYALTY REWARDS
PROGRAM OR USE OF THE QUIXSHARE.COM NETWORK OF SHOPPING
MALLS AND THEIR MERCHANTS OR ITS WEB SITES. SOME STATES
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE
LIMITATION OR EXCLUSION MIGHT NOT APPLY TO YOU.
QuiXshare International is not responsible for any
damages or losses that result from participating or
inability to participate in the QuiXbuX$â
loyalty rewards program or use of the QuiXbuX$â
Visa Card, or the use of the QuiXshare.com network of
shopping mall and their merchants or its Web sites, or
reliance on or use of information, services, or
merchandise provided on or through the QuiXshare.com
network of shopping malls and their merchants or its Web
sites.
You acknowledge and agree that QuiXshare.com neither
endorses the contents of advertisements or affiliate Web
sites, nor assumes responsibility or liability for the
accuracy of material contained therein, or any
infringement of third party intellectual property rights
arising therefrom, or any fraud or other crime
facilitated thereby.
QuiXshare International is not responsible and
assumes no liability for any changes or discontinuation
of service from providers which may affect offers or the
accrual of QuiXbuX$â.
In no event shall QuiXshare’s liability, either
jointly or severally, exceed the amount of $100.
d. Indemnification. You agree to indemnify and
hold QuiXshare International, its affiliates, malls,
merchants, officers and employees harmless from any
claim, demand, expense or damage, including reasonable
attorneys' fees relating to use of the QuiXbuX$â
loyalty rewards program, it’s QuiXbuX$â
Visa card, the QuiXshare.com network of shopping
malls and their merchants or its Web sites, and or
violation of this Member Agreement.
9. More Legal Topics:
a. Governing Law, Jurisdiction. All matters
relating to your access to, or use of, QuiXbuX$â,
or the QuiXshare.com network of shopping malls
and their merchants or its Web sites, shall be governed
by U.S. federal law or the laws of the State of Hawaii,
excluding that body of laws known as conflicts of laws.
Any dispute or claim arising out of or in relation to
this Member Agreement, or the interpretation, making,
performance, breach or termination thereof, shall be
finally settled by binding arbitration in Honolulu,
Hawaii, under the Commercial Arbitration Rules of the
American Arbitration Association by three arbitrators
appointed in accordance with said Rules. Judgment on the
award rendered by the arbitrators may be entered in any
court having jurisdiction thereof. You and QuiXshare
International agree that, any provision of applicable
law notwithstanding, neither party will request, and the
arbitrators shall have no authority to award, punitive
or exemplary damages against the other party.
b. Other Terms and Conditions. QuiXshare
International’s rights under this Agreement may not be
waived unless QuiXshare agrees to such change in
writing. This Agreement is personal to you, and you may
assign this agreement only with QuiXshare’s prior
written approval. Any other attempt to assign, transfer
or delegate this Member Agreement shall be null and
void. If any provision of this Member Agreement is
invalid or unenforceable under applicable law, it is, to
that extent, deemed omitted, and the remaining
provisions will continue in full force and effect. Any
notices related to this Member Agreement need to be
given to QuiXshare International in writing at P.O. Box
25522, Honolulu, HI 96825-0522. This Member Agreement is
the entire understanding between you and QuiXshare about
the products, programs and services contemplated in this
Member Agreement. The parties have agreed that this
Member Agreement shall be written in English.
c. Headings (like this one) and
the "Top 10 Things You Should Know About Your
Membership" are both Meaningless. Neither the
paragraph headings nor the "Top 10 Things You
Should Know About Your Membership" are part of this
Member Agreement. They have no meaning and create no
agreement between QuiXshare International and you
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