Terms & Conditions
STANDARD TERMS AND CONDITIONS
WHEREAS, the network is designed for the following:
XO Network is comprised of members who have previously been a member of an entrepreneurial organization.
Our purpose is to Connect | Share | Learn | Meet through our mobile app which allows our members to connect with other members throughout the world, to share what they are doing in our activity feed, to be part of a global and local community through our chapters, to learn what other members are doing and to meet with other members. XO Network makes no warranties or representations to the suitability of products or services offered by Affiliate Members.
We will automatically renew your membership at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the membership as described below.
All services are final and non-refundable.
Membership may be cancelled within 30 days of the automatic renewal date for the next term.
Member agrees to defend and indemnify XO Network and any of its affiliates, owners, officers, predecessors, successors, directors, agents, current and former employees, contractors, heirs, and beneficiaries and hold them harmless against any and all claims, losses, costs, penalties, fines, damages, demands, and/or liability, including reasonable attorney’s fees, which may arise from or related in anyway to Member’s use or misuse of the activities, Member’s breach of this Agreement, or Member’s conduct or actions arising out of or from the terms of services. Member agrees that Organization shall be able to select its own legal counsel and may participate in its own defense.
Members Agree not to add XO Network as a third party in a dispute, claim or legal action.
LIMITS OF LIABILITY:
If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Organization or any affiliates, resellers, distributors, Third-Parties, and Services providers, and vendors, direct damages up to an amount equal to your fee for the month during which the loss or breach occurred. You are strictly forbidden to recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
This Agreement shall be governed by and construed in accordance with the internal laws of Michigan without giving effect to any choice or conflict of law provision or rule. Each Party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county: Oakland.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement. All notices shall be delivered by email or at the address which the parties may designate to each other, personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving Party has received the Notice and (b) the Party giving the Notice has complied with the requirements of this Section.
If a dispute arises out of the use of XO Network, a party must provide written notice within 30 days of the dispute by certified mailing to the Organization. Within 30 days of receipt of the certified mailing, Organization will attempt to resolve the dispute. If the parties are unable to resolve the dispute, the Parties shall then submit the dispute to binding arbitration. The arbitration must be filed within ninety (90) days from when it first could be filed. Otherwise, it is permanently barred.
Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration.
INTELLECTUAL PROPERTY PROTECTIONS:
(i) circumvent or disable any content protection system or digital rights management technology used with any Membership Services;
(ii) decompile, reverse engineer, disassemble or otherwise reduce any Membership Services to a human-readable form;
(iii) remove identification, copyright, or other proprietary notices in or on the Membership Services;
(iv) access or use any Membership Services in an unlawful or unauthorized manner, or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity;
(v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Membership Services or any part thereof, except as expressly authorized in this Agreement or as part of the Membership Services provided to you;
(vi) introduce a virus or other harmful component, or otherwise tamper with, impair, or damage any Membership Services or connected network, or interfere with any person or entity’s use or enjoyment of any of the Membership Services;
(vii) access, monitor, or copy any element of the Membership Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or
(viii) sell, resell, or make commercial use of the Membership Services, unless you have an executed agreement with us that expressly allows for such activity.