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QuiXshare
Terms of Use and Service
Acknowledgment & Acceptance
Important
Message:
BEFORE
YOU REGISTER FOR A QUIXBUX$® ACCOUNT, YOU
MUST AGREE TO THIS MEMBER AGREEMENT ("MEMBER
AGREEMENT") AND THE QUIXSHARE WEBSITE TERMS OF USE
("WEBSITE TERMS OF USE"), AND YOU SHOULD
REVIEW THE QUIXSHARE INTERNATIONAL’S PRIVACY POLICY
("PRIVACY POLICY"). AFTER YOU READ THIS MEMBER
AGREEMENT, THE WEBSITE TERMS OF USE AND THE PRIVACY
POLICY, PLEASE CLICK ON THE "I AGREE" BUTTON
TO CONTINUE. BY USING THE QUIXSHARE WEBSITE OR QUIXBUX$
REWARDS PROGRAM, YOU AGREE TO THE TERMS OF THIS MEMBER
AGREEMENT, THE WEBSITE TERMS OF USE AND THE PRIVACY
POLICY AS IF YOU HAD SIGNED A WRITTEN AGREEMENT OR
AGREEMENTS THAT CONTAIN THIS MEMBER AGREEMENT, THE
WEBSITE TERMS OF USE AND THE PRIVACY POLICY.
GENERAL
QuiXshare
International, Inc. owns and operates the QuiXshare.com
("QuiXbuX$® ")
website and provides the QuiXbuX$® Rewards Program in the
United States. QuiXshare International does not offer
the
QuiXbuX$®
Rewards
Program to
persons residing outside the United States. QuiXshare
makes no representation that the content of the
QuiXshare website is appropriate or available for use in
other locations. Those accessing the QuiXshare website
from other locations do so on their own initiative and
at their own risk, and they are responsible for
compliance with applicable local laws. This Member
Agreement, the Website Terms of Use and the Privacy
Policy provide the terms and conditions that apply to
your use of the QuiXshare website and the QuiXbuX$®
Rewards
Program, and you
agree to comply with and be bound by the terms and
conditions in this Member Agreement, the Website Terms
of Use and the Privacy Policy. You can find detailed information on the operation of the QuiXbuX$®
Rewards
Program in the
Help section of the QuiXshare website. If you have any
questions regarding this Member Agreement or the QuiXbuX$®
Rewards
Program, please
contact QuiXshare Customer Service Toll Free at (877)
629-2483, via e-mail at customerservice@quixshare.com,
or via mail at QuiXshare Customer Service, P.O. BOX
25522, Honolulu, Hawaii 968250-0522
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OPENING
YOUR QuiXbuX$®
ACCOUNT
By enrolling and/or using the QuiXbuX$ Rewards Program
("QuiXbuX$®"),
you agree that you have read and understand this
Agreement ("Agreement") and that your
membership in QuiXbuX$® shall conform to its terms and conditions.
After
you complete the registration process and your
registration is approved, a QuiXbuX$®
account will be
established for you and you will be issued an account
number, an account expiration date and a QuiXbuX$®
Visa Debit card
(unless you elect not to receive a QuiXbuX$®
Visa Debit card).
The QuiXbuX$® Rewards Program will then be made available to you. You agree that all QuiXbuX$®
account
information and the QuiXbuX$®
Visa Debit card
are and will at all times remain the property of
QuiXshare International, Inc. QuiXshare reserves the
right to refuse to provide the QuiXbuX$® Rewards Program to
anyone and to discontinue providing the QuiXbuX$® Rewards Program at any time, with or without notice.
- QuiXbuX$®
members ("Members") may earn QuiXbuX$®
for enrolling in QuiXbuX$®; taking advantage of QuiXbuX$®
-earning opportunities on the QuiXshare and other
third party Web sites; reading and responding to
offers from participating advertisers and partners
via email, Direct mail, IVR Voice Telephone,
Cellular SMS Text Messages; and complying with the
terms of other offers or programs from QuiXshare.com
or other companies.
- QuiXshare International reserves the right to
send Members messages from time to time for which
they will not be rewarded QuiXbuX$®. Such messages may include QuiXbuX$®
system updates; flash bulletins; order
confirmations; administrative announcements; special
requests and so on—and may be sent via email,
Direct mail, IVR Voice Telephone, and Cellular SMS
Text Messages.
- QuiXshare International is under no obligation to
provide Members with any particular number of
QuiXbuX$®-earning
opportunities or send messages to them.
- QuiXshare International reserves the right to
limit QuiXbuX$® enrollment at any time.
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ELIGIBILITY AND INFORMATION
- Use of the QuiXbuX$® Rewards
Program is limited to individuals who are at least
13 years old and reside in the United States, U.S. Territories, or a member of the U.S. Military may
enroll in QuiXbuX$® and become Members.
- To use the QuiXbuX$® Rewards
Program, you must provide your name, mailing
address, e-mail address, home address, telephone
number, and any other information that may be
requested to determine your eligibility for the QuiXbuX$® Rewards
Program. You agree to provide current, accurate and
complete information in your personal profile. You
agree to notify QuiXshare International promptly of
any change in your personal information by either
updating your personal profile at the QuiXshare
website or by contacting QuiXshare Customer Service.
You may edit your personal profile by clicking on
the "edit profile" button when you are in
the My QuiXbuX$ section of the QuiXshare website.
NO
MULTIPLE ACCOUNTS
- YOU ARE ALLOWED TO REGISTER FOR ONE AND ONLY ONE QUIXBUX$ ACCOUNT.
If we reasonably believe that you have established
more than one account, we will immediately terminate
this Member Agreement and all your accounts and will
restrict you from the system going forward. You will
forfeit the entire balance in each of your QuixbuX$
accounts and you will be ineligible to open another
QuiXbuX$ account.
- QuiXshare International
Privacy Policy
- QuiXshare International promises to maintain the
privacy of members' personal information. The full
extent of our commitment can be found by viewing
written our Privacy Policy.
Terms of Participation
- Corporations or other business entities are
eligible to become b2b Member Partners. They must
pay a set up fee for their organization, which
includes their employee’s, members, to become part
of our network.
- QuiXshare International allows only one email
address per QuiXbuX$® Member.
- Member agrees to provide only true and accurate
information to QuiXshare International (including to
its advertisers and partners) at all times.
- Member agrees to comply with the terms of all
QuiXshare International and QuiXshare International
advertisers and partners offers, promotions, and
programs at all times.
- Member agrees not to abuse QuiXshare
International privileges by conduct which is
detrimental to the interests of QuiXshare
International, including without limitation
attempting to accrue QuiXbuX$® or spend QuiXbuX$®
in a manner inconsistent with the rules of QuiXshare
International or intent of this Agreement, having
multiple accounts, attempting to earn QuiXbuX$®
through other than legitimate channels,
participating in purchasing or redemption fraud, or
tampering with QuiXbuX$® award links, etc.
- QuiXshare International reserves the right to
terminate or disable, at QuiXshare Internationals
sole discretion, any QuiXbuX$® membership if QuiXshare International believes such
Member has violated or acted inconsistently with the
rules of QuiXshare International or intent of this
Agreement. Member understands and agrees disabling
of membership will result in Member's inability to
redeem and/or earn QuiXbuX$®. Member understands and agrees termination of
membership will result in the cancellation of all of
Member's QuiXbuX$®.
- QuiXshare International 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 membership (including
cancellation of QuiXbuX$®) shall be final and binding.
- QuiXbuX$®
will be automatically redeemed for Cash. They may
also be redeemed for Gift Certificates, Merchandise
at any participating merchants store or shopping
mall.
- QuiXbuX$®
will be redeemed for cash.
- Members must accrue 1000 "Available"
QuiXbuX$® before they realize their first redemption for Cash;
FOR DETAILS, PLEASE REFER TO THE QuiXbuX$®
SPEND and EARN QuiXbuX$® AREA AS CONDITIONS FOR REDEMPTION MAY BE MODIFIED BY
QUIXSHARE INTERNATIONAL AT ITS SOLE DISCRETION AT
ANY TIME.
- QuiXshare reserves the right to limit the
redemption of specific rewards and limit the number
of QuiXbuX$®
available at any particular QuiXbuX$® -earning level.
- QuiXshare is not responsible for lost or stolen
QuiXbuX$® rewards once issued.
- QuiXbuX$®
Rewards are subject to change at any time without
notice.
- The number of QuiXbuX$®
required to redeem for a Cash reward are subject to
change at any time without notice.
- Member inquiries regarding Cash rewards or
merchandise ordered and not received must be
received by QuiXshare within 6 months after the
initial redemption date. Thereafter, QuiXshare will
have no obligation to re-send rewards to the Member.
- QuiXbuX$®
will be subtracted from Member's account once the
reward is earned, deposited, and or shipped.
- Once used to claim a reward, QuiXbuX$®
will not be reinstated to Member's account.
- In conjunction with spending QuiXbuX$®
for rewards or Cash, Member agrees to confirm that
all information in Member's personal profile is
up-to-date and accurate.
- Member agrees to promptly notify QuiXshare of any
change in Member's address (mail or email) or
personal profile by updating his or her personal
information at the Update Account Info section of
the Member Services area of the QuiXshare Web site.
- Member's discontinued participation in QuiXbuX$®
or failure to notify QuiXshare of any address (mail
or email) or profile changes may result in the
termination of Member's membership and forfeiture of
Member's unredeemed QuiXbuX$®.
- Unredeemed QuiXbuX$®
will expire on December 31st of the second calendar
year following the calendar year such QuiXbuX$® are first deemed "Available." Example: If not
spent, Points QuiXbuX$® earned in May of 2001 will expire at the end of
December 31, 2003.
PASSWORD AND
SECURITY
When
you open your QuiXbuX$®
account, you will
be asked to designate a password to establish your
identity when you log in to the QuiXshare website or
“Co Branded” Mall or Merchants website. Online
access to your account requires both your e-mail address
and password. You will be responsible and liable for all
instructions received by QuiXshare at the QuiXshare
website that are accompanied by your password and e-mail
address, regardless of whether those instructions
actually come from you. You must safeguard and protect
the confidentiality of your password to keep your QuiXbuX$® account secure. QuiXshare
employees that administer the QuiXshare website will
never ask you for your password. Please notify QuiXshare
Customer Service immediately if you believe the security
of your password or QuiXbuX$® account has been
compromised.
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OPERATION OF
THE QUIXBUX$®
REWARDS
PROGRAM
You
can find detailed information on the operation of the QuiXbuX$® Rewards Program
in the Help section of the QuiXshare website.
You
may add funds to your QuiXbuX$®
account using
your existing credit cards, Debit Cards. Your credit
card issuer, however, may impose fees or charge interest
on credit card transactions. You may only add funds to
your QuiXbuX$®
account during
business hours. QuiXshare does not control and is not
responsible for such fees or charges. If you charge back
a credit or debit card charge that you used to fund your
QuiXbuX$®
account, you
agree that QuiXshare may recover the amount of the
chargeback by either reducing your QuiXbuX$® account balance or recharging your credit or debit card for the amount
of the chargeback. Further, if you charge back a credit
card charge that you used to fund your account,
QuiXshare may close your account.
You
agree that the amount of QuiXbuX$®
and
Cash funds
awarded to you through the QuiXshare website and the
conditions for earning such QuiXbuX$® and Cash
funds solely depend upon the participating malls and
merchants. You agree that there may be delays in the
crediting of QuiXbuX$® and Cash funds
for merchant promotions due to their failure to provide
us with the necessary information. You agree that if
such delays occur, we are not responsible or liable for
the delay or failure to credit QuiXbuX$® and or Cash
funds.
You
agree that if you attempt a person-to-person transfer
and the recipient does not open a QuiXbuX$®
account, we will
be unable to complete your transfer and the funds will
revert to your QuiXbuX$® account.
Before the recipient accepts the transfer, you may
cancel it and the funds will revert to your QuiXbuX$®
account. Once
accepted, the transfer cannot be reversed or refunded.
Transfers between QuiXbuX$® accounts are instantaneous in real time and cannot be canceled. If you
use your QuiXbuX$®
account for
transactions in a currency other than United States
dollars, the transactions will be converted to United
States dollars at the then prevailing market rate in
effect the day before the transaction processing date,
increased by one percentage point. If a credit is
subsequently given for a transaction, it will be
decreased by one percentage point. The exchange rate of
the credit may vary from that of the original
transaction. The currency conversion rate on the day
before the transaction processing date may differ from
the rate in effect at the time of the transaction or on
the date the transaction is posted to your account.
You
may use your QuiXbuX$®
account and/or
the accompanying QuiXbuX$®
Visa card to purchase goods and services from any
merchant or establishment that accepts VISA subject to
the conditions and limitations described below. We
reserve the right, however, in our sole discretion and
from time to time, to restrict your use of your QuiXbuX$®
card and/or QuiXbuX$® account balance at certain merchants or establishments, including
without limitation, merchants or establishments through
which a QuiXbuX$®
member may convert the balance in their QuiXbuX$®
account from QuiXbuX$® into cash, automated teller machines and similar vending machines from
which cash may be obtained and automated fuel dispensers
(i.e., gas pumps). When purchasing gasoline, you should
pay for your purchase at the service station counter and
not at the gas pump.
When
you use your QuiXbuX$®
Visa card to purchase goods or services, the merchant
may attempt to request pre-authorization from us for the
transaction. We place a hold on your account for up to
seven business days for the amount of the
pre-authorization request (which may vary from the
amount of the actual purchase). If the pre-authorization
amount varies from the actual transaction amount,
payment of the transaction may not remove the hold,
which may remain on the account until four business days
have passed. This hold may temporarily reduce the
availability of funds in your account. We are not
responsible for damages or for wrongful dishonor because
of such holds.
If
the amount of your purchase or transfer exceeds the
current balance in your QuiXbuX$®
account, your transaction will be declined because
neither credit nor overdraft protection is extended
through the QuiXbuX$®
Rewards Program. Also, because your QuiXbuX$®
card is an off-line debit card, under certain
circumstances it is possible for you to charge amounts
that exceed your fatshoe account balance
("Overdraft"). In such circumstances, we will
hold you liable for such Overdrafts and any associated
fees that we may charge. We shall have no obligation
under this Member Agreement to allow any Overdraft in
your QuiXbuX$®
account. If we inadvertently authorize a transaction
that results in an Overdraft, you agree to repay in
full, promptly upon our demand the amount of any and all
Overdrafts, plus accrued interest thereon, if any, until
paid in full at the highest rate permitted by applicable
law, plus all reasonable attorney's fees, collection
expenses and court costs and expenses to the extent
permitted by applicable law. We reserve the right to
terminate any QuiXbuX$®
account in which the QuiXbuX$® account holder has attempted to charge goods and services that exceed
the remaining balance in such QuiXbuX$® member's QuiXbuX$®
account.
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When
you perform a transaction that increases or decreases
the funds in your QuiXbuX$®
account, your available balance will be adjusted to
reflect the change. Transactions, however, may not
appear immediately in the account records shown on the
QuiXshare website. In addition to current account
records, monthly account statements will be posted on
the QuiXshare website (at My QuiXbuX$®).
You will also receive a monthly e-mail containing a
secure link to your monthly statement. The statements
will show all transactions and activity involving the
account that occurred during the month. If you use your QuiXbuX$®
account in any unlawful manner or to purchase anything
illegal or in a manner that violates the terms and
conditions of this Member Agreement, we will close your
account and you will forfeit your entire QuiXbuX$®
account balance. You agree not to use your QuiXbuX$®
account for the purpose of avoiding fees associated with
a credit card cash advance and agree not to assist
others who engage in behavior that could reasonably be
construed as seeking to avoid such fees. You agree to
comply with all applicable laws, statutes, and
regulations regarding use of the QuiXbuX$ Rewards
Program services.
Clarity
Incentive Systems,
Inc. ("CIS")
will hold your account funds in an account at a bank or
other financial institution in their name. You
understand that CIS is not a bank and that your QuiXbuX$®
account is not a deposit, does not bear interest and is
not insured by any government agency or held in trust.
You agree that you may only transfer or spend the funds
in your QuiXbuX$® account in accordance with this Member Agreement and the procedures
described on the QuiXshare website.
CLOSING YOUR QUXBUX$®
ACCOUNT
You
may close your QuiXbuX$®
account at any time by contacting QuiXshare’s Customer
Service. We reserve the right to confirm the
authenticity of your request. All funds remaining in
your account at the time you notify QuiXshare Customer
Service of your desire to close your account will be
forfeited by you and will become the property of CIS.
Unspent funds in your QuiXbuX$®
account cannot be converted into currency. When you
close your account, you must destroy your QuiXbuX$® card (if you have one) and refrain from using your QuiXbuX$®
account number or password. We reserve the right to
close your account at any time if you breach the terms
of this Member Agreement.
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INACTIVE ACCOUNTS
If
your account has had no transactions or updates to the
member profile for a period of four months, "Inactive" shall be defined as lack of one of the
following: Web site visit (click through); email
response; survey completion; profile update; or any
QuiXbuX$® -earning or -spending transaction. QuiXshare reserves the
right to limit the opportunities to earn QuiXbuX$®
available to Member while Member remains inactive.
Member shall comply with all laws, rules, and
regulations that are applicable to Member. Member
acknowledges that Member may only participate in
QuiXbuX$® if and to the extent that such participation is permitted by
such laws, rules, and regulations. QuiXshare refuses to
enroll Member, or to restrict, modify, or terminate
Member's participation in QuiXbuX$®,
without liability to Member or any other party, if
Member violates any law, rule, or regulation, or if
Member's participation in QuiXbuX$® could violate any law, rule, or regulation
and you have not used the QuiXshare website in any
manner during such period, your account will be deemed
inactive. Inactive accounts are assessed an account
maintenance fee of $2.00 per month. Until the account
expiration date, any transaction, update to the member
profile, or any use of the QuiXshare website will
automatically reactivate your
QuiXbuX$®
account. Upon reactivation of your account we will stop
the charging the maintenance fee to your QuiXbuX$® account. We reserve the right to limit promotions and earning, spending,
and transfer opportunities for members with inactive
accounts.
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Disclaimer of Warranties
- Member expressly agrees that use of QuiXbuX$®
is at the Member's sole risk.
QuiXshare
International and it’s QuiXbuX$® rewards program and
all services offered therein are provided on a strictly
"as is" and "as available" basis.
QUIXSHARE INTERNATIONAL MAKES NO WARRANTY OF ANY KIND
WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS
OBTAINED BY MEMBERS THROUGH QUIXBUX$® OR THROUGH QUIXSHARE® ADVERTISERS OR PARTNERS; THAT QUIXSHARE®
WILL MEET MEMBERS' REQUIREMENTS; NOR DOES QUIXSHARE
INTERNATIONAL MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF QUIXBUX$ OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH QUIXBUX$®.
UNLESS OTHERWISE
REQUIRED BY LAW, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT, SECURITY INFORMATIONAL CONTENT, SYSTEM
INTEGRATION OR ACCURACY. YOU ASSUME FULL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE QUIXSHARE WEBSITE, THE
QUIXBUX$ REWARDS PROGRAM SERVICES, OTHER SITES
ACCESSIBLE THROUGH THE QUIXSHARE WEBSITE, AND OTHER
QUIXSHARE-RELATED SERVICES. QUIXSHARE INTERNATIONAL DOES
NOT WARRANT THAT THE QUIXSHARE WEBSITE OR THE QUIXBUX$
REWARDS PROGAM SERVICES WILL BE TIMELY, SECURE,
UNITERRUPTED, ACCURATE, OR ERROR FREE OR THAT DEFECTS IN
THE QUIXSHARE WEBSITE OR THE QUIXSBUX$ REWARDS PROGRAM
SERVICES WILL BE CORRECTED. QUIXSHARE INTERNATIONAL IS
NOT RESPONSIBLE FOR ERRORS, OMISSIONS, INTERRUPTIONS,
DELETIONS, DEFECTS, AND DELAYS IN OPERATION OR
TRANSMISSION, OR FOR COMMUNICATION LINE FAILURE OR
COMPUTER VIRUSES ASSOCIATED WITH THE OPERATION OF THE
QUIXSHARE WEBSITE OR THE PROVISION OF THE QUIXBUX$
REWARDS PROGRAM SERVICES. QUIXSHARE INTERNATIONAL IS NOT
RESPONSIBLE FOR ANY UNAUTHORIZED ADDITIONS, DELETIONS,
OR ALTERATIONS MADE TO THE QUIXSHARE WEBSITE BY THIRD
PARTIES. SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT
APPLY TO YOU. Occasionally, the QuiXbuX$®
rewards program
services may be inoperative. When this happens, you may
be unable to add funds to your account, obtain
information about your account balance and transactions,
or use your
QuiXbuX$®
account number or QuiXbuX$® Visa card to make purchases or transfers. No officer, employee, or agent
of QuiXshare that administers the QuiXshare website is
authorized to create any warranty not expressly made
herein. QuiXshare is not responsible for the quality,
safety, legality, or other aspects of goods or services
purchased through or in connection with the use of the
QuiXshare website or QuiXbuX$®
rewards program services. QuiXshare is not obligated to
become involved in resolving any disputes related to or
arising out of any transaction other than processing
errors by CIS.
- QuiXshare International expressly 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 International shall
not be liable or responsible for those guarantees,
warranties, and representations, if any, offered by
QuiXbuX$® advertisers,
partners, manufacturers of merchandise, or suppliers
of services. No advice or information, whether oral
or written, obtained by Member from QuiXshare
International or through QuiXbuX$®
shall create any warranty not expressly made herein.
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 QUIXBUX$® REWARDS PROGRAM.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
UNLESS
OTHERWISE REQUIRED BY LAW, NEITHER QUIXSHARE
INTERNATIONAL NOR
ITS BUSINESS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS OR THIRD PARTY SPONSORS WILL BE LIABLE FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, COSTS
OF PROCURING SUBSTITUTE GOODS OR SERVICES, OR LABOR
COSTS) ARISING OUT OF, IN CONNECTION WITH, OR RELATING
IN ANY WAY TO THE QUIXBUX$® REWARDS PROGRAM
SERVICES, THE QUIXSHARE WEBSITE, CONTENT OR INFORMATION
CONTAINED WITHIN THE QUIXSHARE WEBSITE, GOODS OR
SERVICES PURCHASED USING THE QUIXBUX$®
REWARDS PROGRAM SERVICES,
OR OTHER
QUIXBUX$® -RELATED
SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
QUIXSHARE WEBSITE OR THE QUIXBUX$®
REWARDS PROGRAM SERVICES
IS TO STOP USING THE QUIXSHARE WEBSITE AND QUIXBUX$®
REWARDS PROGRAM
SERVICES AND TO CLOSE YOUR QUIXBUX$®
REWARDS PROGRAM
ACCOUNT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
GOODS OR SERVICES YOU PURCHASE USING THE QUIXBUX$® REWARDS PROGRAM
SERVICES IS TO CONTACT THE MERCHANT AND ATTEMPT TO
RESOLVE THE DISPUTE. IN NO EVENT WILL QUIXSHARE INTERNATIONAL, ITS BUSINESS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR THIRD
PARTY SPONSORS BE LIABLE UNDER ANY THEORY OF LIABILITY
(WHETHER CONTRACT, TORT, INCLUDING NEGLIGENCE AND STRICT
LIABILITY, OR OTHERWISE) FOR DAMAGES IN AN AMOUNT IN
EXCESS OF $100, REGARDLESS OF WHETHER SUCH PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ITS
SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR
REMEDIES AVAILABLE TO QUIXSHARE INTERNATIONAL
AND WITHOUT ANY LIABILITY WHATSOEVER, QUIXSHARE
INTERNATIONAL AT
ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT
YOUR ACCESS TO ANY COMPONENT OF THE QUIXSHARE WEBSITE.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO
THE FOREGOING LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
- Member acknowledges and agrees that QuiXshare
International neither endorses the contents of
advertisements or third parties' Web sites, nor
assumes responsibility or liability for the accuracy
of material contained therein, or any infringement
of third party intellectual property rights arising
therefrom, or any fraud or other crime facilitated
thereby.
- QuiXshare International is not responsible and
assumes no liability for changes or discontinuances
of service from providers which may affect offers or
the accrual of QuiXbuX$®.
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Participation
in Promotions of Advertisers and Partners
- Member's correspondence with or participation in
promotions of QuiXbuX$® advertisers
and partners are solely between corresponding Member
and the advertiser or partner. QuiXshare
International assumes no liability, obligation, or
responsibility for any part of any such
correspondence or promotion, including without
limitation withdrawal or modification of any offer
or promotion.
- Member understands that, in some cases, there may
be delay in the crediting of QuiXbuX$®
for promotions of advertisers or partners due to
advertiser's or partner's failure to provide
necessary information to QuiXshare International for
such crediting of QuiXbuX$®.
QuiXshare will not be responsible or liable for the
delay or failure to credit QuiXbuX$®
in such event.
Third Party Services
- To enhance the value of the QuiXbuX$®
Rewards Program to its Members, QuiXshare
International may on occasion share selected
personal information with third parties for the
limited purposes of data verification and
supplementation. QuiXshare International,
through the QuiXshare website, is a distributor of
content supplied by third parties, such as
advertisers, partners, merchants, shopping malls,
and QuiXshare members. In addition, the QuiXshare
website contains links to third party websites that
are provided as a convenience to you and not as an
endorsement by QuiXshare
International
and/or its business partners of the contents of such
other websites. QuiXshare
International
is not responsible for such content provided or the
operation of such third party websites. The presence
of such links does not imply that QuiXshare
International
is responsible for such third party websites or
third party sponsors. Any communication you may have
with such third parties is between you and such
third party.
- Your participation in offers, promotions, or programs of
advertisers, business partners, or merchants through
the QuiXshare
International
website is between you and the advertiser, business
partner, or merchant. Third parties, and not QuiXshare
International,
are responsible for any guarantees, warranties,
representations, advertisements, opinions, advice,
statements, services, offers, information, or
content that they express or make available on the
QuiXshare website.
- QuiXshare International does
not guarantee the accuracy, completeness,
truthfulness or usefulness of any such content. If
you decide to access other websites from links on
the QuiXshare website,
you do so at your own risk.
- Such third parties shall be STRICTLY bound by the
terms set forth in the QuiXshare and QuiXbuX$®
Privacy Policy.
- Such third parties will agree to maintain the
confidentiality and protection of your personal
information, at all times during and after providing
services.
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Termination
AT
ANY TIME EITHER MEMBER OR QUIXSHARE INTERNATIONAL MAY
TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE.
MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY
CEASES UPON TERMINATION AND MEMBER'S UNREDEEMED QUIXBUX$
SHALL BE CANCELLED. QuiXshare, in its sole discretion, may terminate this Member
Agreement, your account, your access to the QuiXshare
website or the QuiXbuX$®
rewards program services for any reason and at any time.
We will terminate this Member Agreement immediately, and
you will forfeit your entire QuiXbuX$®
account balance, if you commit any fraudulent, illegal,
or impermissible acts or provide false information to
us. You will also be ineligible to open another QuiXbuX$® account. If
we reasonably believe that you have established more
than one account, we will immediately terminate this
Member Agreement, you will forfeit the entire balance in
each of your QuiXbuX$® accounts,
and you will be ineligible to open another QuiXbuX$® account. You may terminate this Member Agreement at any time by
contacting us, provided that we may require confirmation
of the authenticity of the request. Upon voluntary
termination, you will forfeit any remaining funds in
your QuiXbuX$®
account. Unspent funds cannot be converted into
currency.
- You agree not to engage in conduct that is detrimental to the
interests of QuiXshare International and it’s QuiXbuX$®
Rewards
Program or any QuiXbuX$®
member,
Clients and Partners, including, without limitation,
conduct expressly prohibited in this Member
Agreement and the QuiXshare Website Terms of Use or
attempts to accrue QuiXbuX$®
or spend
funds in a manner inconsistent with this Member
Agreement or the rules of any offer, promotion, or
program.
- Termination of Member's membership by Member is
effective upon Member submitting a termination
request through the QuiXshare® Web site at Cancel
Account found in the Member Customer Services area
on the QuiXshare® Web site and Member receiving a
message from QuiXshare® confirming termination.
Member understands that, in some cases, Member may
still receive messages (which may have been
scheduled prior to Member's termination) after
termination. Member may not earn QuiXbuX$® or cash after termination.
- Should Member object to any of the terms and
conditions of this Agreement, or any subsequent
modifications thereto, or become dissatisfied with
QuiXbuX$®,
Member's only recourse is to immediately discontinue
participation in QuiXbuX$®
and properly terminate his or her membership. (See
paragraph above.)
- QuiXshare reserves the right to terminate the
membership of any Member who appears to be using
QuiXbuX$®
in a manner inconsistent with this Agreement, the
intent of this Agreement, or any QuiXbuX$® rules.
Non-Transferability
- The right to use the QuiXbuX$® Rewards Program
is personal to each member. You agree not to
authorize another person to use your QuiXbuX$®
Rewards
Program account,
QuiXbuX$® account
number, QuiXbuX$® card
or password. Your QuiXbuX$®
account
cannot be assigned or transferred to another person
or entity. You may maintain only one QuiXbuX$®
account and
you may associate only one e-mail address with the QuiXbuX$® account.
- QuiXbuX$® are
non-transferable and are void if transferred.
- Member's membership will terminate immediately in
the event of Member's death.
- QuiXbuX$® and/or
rewards may not be bartered or sold.
- QuiXbuX$® accounts
and QuiXbuX$®
are
not transferable upon death or as part of a domestic
relations matter or otherwise by operation of law.
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Proprietary Rights to Content
- Member acknowledges that QuiXbuX$®
content (including but not limited to text, sound,
photographs, graphics, or other material contained
in any QuiXbuX$® communication, advertisements, or messages, whether by
QuiXshare International or QuiXshare
International’s advertisers or partners), service
and software are protected by copyrights,
trademarks, service marks, patents, and/or other
proprietary rights and laws; therefore, Member is
only permitted to use content, service, or software
as expressly authorized by QuiXshare International,
its advertisers and partners, as the case may be.
- By submitting material to any public area of the QuiXshare
International website,
you grant to QuiXshare
International a
royalty-free, perpetual, irrevocable, nonexclusive
right and license to use, reproduce, edit, modify,
and distribute such material in whole or in part,
without geographical restriction, and to incorporate
such material into other works. You also authorize
other visitors to the QuiXshare
International website
to access, view, store, or reproduce such material
for personal use are the property of their
respective owners. Nothing on the QuiXshare International website
should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use
any trademark displayed on the QuiXshare International website without the written permission of the trademark owner.
- "QuiXshare International, Inc.," "QuiXbuX$®,"
the QuiXshare and
QuiXbuX$®
logo, and
certain other marks are trademarks of QuiXshare. All
other trademarks appearing on the QuiXshare website
- Member agrees not to forward any QuiXbuX$®
offers or promotions to others without first
obtaining the express written permission of
QuiXshare International; QuiXbuX$®
offers are specific to Member's membership unless
otherwise stated.
Modifications
- QuiXshare International reserves the right to
change this Agreement, and/or any part thereof, at
any time. Member understands the most recent version
of this Agreement will be located on the QuiXshare® Web site in the Member Services area under Terms of
Service.
- Member's non-termination or continued use of
QuiXbuX$® constitutes an affirmative acknowledgment by Member of
any modification to the Member Terms of Service
Agreement and consent to abide and be bound by any
terms thereof. At any time, if Member does not agree
with the Member Terms of Service, Member may
terminate Member's membership.
- QuiXshare International reserves the right to
modify or discontinue the QuiXbuX$®
Rewards Program with or without notice to Member.
- You agree that QuiXshare International may amend this Member Agreement and any policies or terms of service
governing the use of your QuiXbuX$®
account by
posting revised or amended language on the QuiXshare
website, and you agree that amendments become
effective at the time they are posted on the QuiXshare
website, except that amendments that change terms
disclosed to you in the QuiXshare and CIS
Electronic Funds Transfer Disclosure Statement
become effective twenty-one days after notice has
been given. Your continued use of the
QuiXshare
website or services after amendments become
effective will constitute acceptance of the
amendments. If you disagree with the amendments, you
must terminate your use of the
QuiXbuX$®
Rewards Program.
- QuiXshare International shall not be liable to
Member or any third party should QuiXshare
International exercise its right to modify or
discontinue the QuiXbuX$®
Rewards Program.
Notices
- All notices given by QuiXshare International to
you will be given by email, regular mail, IVR voice
telephone, cellular SMS text message, or by general
posting on the QuiXshare Web site.
Indemnification
- Member agrees to defend and indemnify and hold QuiXshare International, its
affiliates,
business partners, directors,
officers,
agents or third party sponsors,
and employees harmless from any claim, demand,
expense, or damage, including reasonable attorneys'
fees relating to use of or caused
by, arising out of or related to your use of the
QuiXshare’s website, the QuiXbuX$®
Rewards Program or violation of this Agreement
.
Laws
Any dispute or claim arising out of or in relation
to this Agreement, or the interpretation, making,
performance, breach, or termination thereof, shall
be finally settled by binding arbitration in
Honolulu, Hawaii, under the Commercial Arbitration
Rules of the American Arbitration Association by
three arbitrators appointed in accordance with said
Rules. Judgment on the award rendered by the
arbitrators may be entered in any court having
jurisdiction thereof.
- This contract shall be governed by the law of the
State of Hawaii, excluding its conflict of law
principles. The arbitration proceedings shall be
governed by federal arbitration law and by the
Rules, without reference to state arbitration law.
- Member and QuiXshare International agree that,
any provision of applicable law notwithstanding,
neither party will request, and the arbitrators
shall have no authority to award, punitive or
exemplary damages against the other party.
- This Agreement constitutes the complete and
exclusive understanding between QuiXshare
International and Member relating to the subject
matter hereof and supersedes all prior or
contemporaneous understandings, agreements,
communications, and/or advertising with respect to
such subject matter.
- If any provision(s) of this Agreement is held by
the arbitrators to be contrary to law, then such
provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties
with the other provisions remaining in full force
and effect.
- QuiXshare International failure to exercise or
enforce any right or provision of this Agreement
shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by
QuiXshare International in writing.
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DISPUTE
RESOLUTION
You
agree that any controversy or claim involving you and
QuiXshare International and CIS relating to the QuiXbuX$®
Visa Card rewards program service or the QuiXshare
website will be subject to binding arbitration conducted
in accordance with the commercial arbitration rules of
the American Arbitration Association. The arbitration
will be conducted in both Honolulu, Hawaii and New York,
New York before a single arbitrator selected by mutual
agreement of the parties to the dispute within ten
business days of submission to the American Arbitration
Association. If the parties cannot agree on an
arbitrator, the arbitrator will be selected pursuant to
the American Arbitration Association's Commercial
Arbitration Rules. The foregoing notwithstanding, any
person may seek interim or permanent injunctive or other
equitable relief from a state or federal court of
competent jurisdiction located in the City and County of
both Honolulu, Hawaii, New York, New York, if such
relief is necessary to protect the intellectual property
rights of such person pending completion of the
arbitration. In the event QuiXshare International and
CIS alleges that you have infringed or threatened to
infringe QuiXshare International and CIS's intellectual
property rights, then, in addition to other rights and
remedies that QuiXshare International and CIS may have,
QuiXshare International and CIS may seek preliminary or
permanent injunctive relief from any court of competent
jurisdiction. For such actions, you consent to the
exclusive personal jurisdiction and venue of the federal
and state courts in and for Honolulu, Hawaii, New York,
New York. Any claim that you seek to assert against
QuiXshare International and CIS must be brought within
one year of the event that gives rise to the claim.
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ELECTRONIC FUNDS TRANSFER DISCLOSURE
CONSUMER LIABILITY
Your
QuiXbuX$®
account number and password are personal to you and
should be protected. You must safeguard and protect the
confidentiality of your password to keep your QuiXbuX$® account secure. In
addition, your QuiXbuX$®
card is a valuable possession and should also be
safeguarded. You are responsible for keeping your QuiXbuX$®
Visa card safe at all times. If you believe the security
of your password has been compromised, another person
has used your QuiXbuX$®
account without your permission, or your QuiXbuX$®
Visa card has been lost or stolen, contact CIS Customer
Service at (888) 481-0027 during our business hours or
write to us at CIS Customer Service, 35 West 35th
Street, 2nd Floor, New York, NY 10001 CIS Customer
Service immediately at (877) 629-2483 during our
business hours, e-mail us at customerservice@cis.com.
Safeguarding your password and QuiXbuX$® Visa card
and calling us are the best protections against
unauthorized use of your QuiXbuX$®
account. QuiXshare and CIS will not be liable for losses
that are incurred in your QuiXbuX$® account
through the use of your password or QuiXbuX$® card by a third party.
BUSINESS DAYS AND HOURS
QuiXshare
business hours are Monday through Friday, excluding
holidays, 8:00 a.m. through 10:00 p.m. PST. CIS Our
business hours are Monday through Saturday, excluding
holidays, 7:00 a.m. through 10:00 p.m. EST.
TRANSFER TYPES AND LIMITATIONS
Account
Access. You may access your QuiXbuX$®
account information by logging on the QuiXshare website
and using your password. You may use your QuiXbuX$®
account and QuiXbuX$® Visa card to purchase goods and services from merchants who accept VISA,
subject to certain conditions and limitations described
in the QuiXbuX$®
Member Agreement. You may also load funds from your QuiXbuX$®
account to another member's QuiXbuX$®
account or transfer funds into your QuiXbuX$®
account by using your credit or debit card.
Limitations
on Dollar Amounts of Transfers. You may initiate
transfers up to $1,000 per day into or from your QuiXbuX$®
account. In addition, you may have credited to your QuiXbuX$®
account an aggregate of up to $9,999 per day from all
sources (i.e., transfers from third parties each day as
the result of receiving QuiXbuX$®
awards and the purchase of QuiXbuX$®
value for your benefit by yourself or a third party).
Although generally there is no limit on the amount you
may hold in your QuiXbuX$®
account, in certain circumstances, CIS may limit the
amount you may hold in your QuiXbuX$® account.
Limitations
on Frequency of Transfers. Generally, there is no limit
on the number or frequency of transactions you can make
using your QuiXbuX$® card and QuiXbuX$® account number, as
long as your account contains sufficient available
funds. In certain circumstances, CIS may limit the
number of transactions that can be completed through
these services during a particular time period
("transaction limits"). For security reasons,
we do not disclose transaction limits. CIS may delay or
stop a payment or transfer to or from your account if it
reasonably suspects the payment or transfer to be
fraudulent. In these instances, CIS shall use its
reasonable best efforts to promptly ascertain the
authenticity of the transaction. Provided CIS acts
reasonably and in good faith, it shall not be
responsible for any loss or damages attributable to any
delay or stoppage of payment or transfer to or from your
QuiXbuX$®
account.
FEES
QuiXshare
believes in providing to our users the highest level of
member service. In order to maintain our high-level
member service we have initiated some nominal services
fees.
Service
Fee
Sign
up and Obtain Your Visa Card Free!
Buy
and Earn Free!
Request
Money Free!
Transfer
Funds to Accounts $1.00 per Transaction
Send
E-Giftcard $2.00 per Transaction
Maintenance
Fee $2.00 per Month (after 4 months)*
*If
your QuiXbuX$®
account has had no transactions or updates to the member
profile for a period of four months, and you have not
communicated with QuiXshare during such period, your
account will be deemed inactive and will be charged a
maintenance fee of $2.00 per month. Any transaction,
update to the member profile, or communication with
QuiXshare will automatically reactivate your account and
terminate the maintenance fee imposed on inactive
accounts.
CONFIDENTIALITY
Please
see our Privacy Policy for a discussion about
information we collect and restrictions on its use and
disclosure.
DOCUMENTATION
Transfers
and Receipts. Every time you conduct a transaction on
your QuiXbuX$® account a posting will be available on the QuiXshare website. Your QuiXbuX$®
account information is accessible with your e-mail
address and password. You can get a receipt at the time
you make any transfer to or from your account at a
point-of-sale terminal.
Statements.
Each month CIS, through the QuiXshare website, will send
to you at your e-mail address a link to your monthly
account statement. A more complete account history can
be accessed using your e-mail address and password on
the Quixshare website (at My QuiXbuX$®).
Documentation
as Evidence. Any documentation provided to you that
indicates that an electronic fund transfer was made
shall be admissible as evidence of such transfer and
shall constitute prima-facie proof that such transfer
was made.
CIS
LIABILITY
If
we do not complete a transfer from your account on time
or in the correct amount according to our agreement with
you, we will be liable for your losses or damages.
However, there are some exceptions. We will not be
liable, for instance: (i) if, through no fault of ours,
you do not have enough money in your QuiXbuX$®
account to make the transfer or pay for the purchase of
goods and/or services; (ii) if the transfer would go
over the daily limitations on dollar amounts of
transfers previously described in this Electronic Funds
Transfer Disclosure Statement; (iii) if the terminal or
system was not properly working and you knew about the
breakdown when you started the transfer; (iv) if
circumstances beyond our control (such as fire or flood)
prevent the transfer, despite reasonable precautions
that we have taken; (v) if the funds in your account
become subject to legal process or other encumbrance
restricting such transfer; (vi) the transfer cannot be
made because of some other provision set forth in this
Electronic Funds Transfer Disclosure Statement or in any
other agreement between you and CIS.
ERROR
RESOLUTION NOTICE
In case of errors or questions about your electronic
transfers, account history, or account statement.
Telephone CIS Customer Service at (888) 481-0027 during
our business hours or write to us at CIS Customer
Service, 35 West 35th Street, 2nd Floor, New York, NY
10001 as soon as you can, if you think your statement or
receipt is wrong or if you need more information about a
transfer listed on the statement or receipt. We must
hear from you no later than 60 days after we sent you
the FIRST statement on which the problem or error
appeared. When you contact us regarding your errors in
your QuiXbuX$® account, you will be asked to: (i) provide your name, your account
number (not your password), your telephone number and
your e-mail address; (ii) describe the error or transfer
you are unsure about (including the date of the
transaction and the name of the merchant, if
applicable), and explain as clearly as you can why you
believe it is an error or why you need more information;
and (iii) tell us the dollar amount of the suspected
error.
If
you tell us orally, we may require that you send us your
complaint or question in writing within 10 business days
(20 business days if the transfer took place within 30
days after your first deposit into your account).
We
will determine whether an error occurred within 10
business days (20 business days if the transfer took
place within 30 days after your first deposit into your
account) after we hear from you and will correct any
error promptly. If we need more time, however, we may
take up to 45 days (90 days if the transfer was not
initiated within a state, resulted from a point-of-sale
debit card transaction, or occurred within 30 days after
the first deposit to your account was made) to
investigate your complaint or question. If we decide to
do this, we will re-credit your QuiXbuX$®
account within 10 business days (20 business days if the
transfer took place within 30 days after your first
deposit into your account) for the amount that you think
is in error, so that you will have the use of the money
during the time it takes us to complete our
investigation. If we ask you to put your complaint or
question in writing and we do not receive it within 10
business days (20 business days if the transfer took
place within 30 days after your first deposit into your
account) of our request, we will not re-credit to your QuiXbuX$® account. If we
decide that there was no error, we will reverse the
credit (if any) and we will send you a written
explanation within three business days after completing
our investigation. You may ask for copies of the
documents that we used in our investigation.
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