Terms of Service
The Privacy Policy and these Terms of Service below govern your X9 Solutions accounts, information you provide on this site, and access to this site.A. Description of Service
B. Registration
C. Services
D. User Conduct and Proprietary Rights
E. Privacy
F. Modifications
G. Password and Security
H. Termination
I. Disclaimer of Warranties
J. Limitation of Liability
K. Indemnity
L. General Terms
IMPORTANT - READ CAREFULLY: The X9 Solutions service https://www.x9solutions.com (the "Service") is provided to you ("You") under the terms and conditions of these Terms of Service ("Terms"), which include this document and X9 Solution's Privacy Policy which is available through the hyperlinks set forth below and are incorporated herein by reference. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 BELOW.
X9 Solutions allows individuals and organizations to easily manage events and donations with online payments and tracking, thereby providing ease of event management and organizational time.
To use the Service, You must accept the Terms of Service upon accessing your account for the first time. As part of the registration process for the Service, You agree to: (1) provide certain limited information about You as prompted to do so by the Service (such information is to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as activation data ("Activation Data"). If X9 Solutions discovers that any of Your Activation Data is inaccurate, incomplete or not current, X9 Solutions may terminate Your right to access and receive the Service immediately upon notice. X9 Solutions may reject an organization application if it determines in its sole discretion that the organization is not an appropriate subscriber or user of the Service. X9 Solutions reserves the right to refuse the Service to any user who has canceled any number of previous X9 accounts. X9 Solutions need not provide a reason for its rejection. If X9 Solutions rejects Your application, then You may reapply and X9 Solutions will reconsider the application. You may not register for this Service if You are under 18 years of age ( See "A Special Note About Children" in our Privacy Policy ). By registering for this Service You represent to X9 Solutions, that You are 18 years of age or older. Upon acceptance of these Terms You will have opened an account with X9 Solutions and will have become a user of the X9 Solutions Service.
(a) Description of Service
X9 Solutions allows individuals and organizations to easily manage events and donations with online payments and tracking, thereby providing ease of event management and organizational time. X9 Solutions provides plans of one simple yearly payment, unless special arrangements have been previously made. The Service can be accessed from any computer with internet access.
(b) Registrations and Payments
With an active account, You can create custom registration forms which can then be made available to the public. For registrations that require a payment by the registrant, PayPal.com will handle all financial information, and will synchronize the registration's payment history on your X9 Solutions account. All Activation Data must be completed in order for payments to be processed by the Service.
(c) Credit Cards and Financial Information
No information regarding a user's credit card or bank account information is ever saved to the X9 Solutions system. All payment processes are completed through PayPal.com and therefore X9 at most simply passes the payment details to PayPal.com via secure protocol. X9 Solutions only receives notification of payment amounts to keep Payment Histories accurate for all registrations/transactions.
D. User Conduct and Proprietary Rights
(a) No Resale of the Product
Your right to use the Service is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Service, system materials or any information obtained by You without the express written consent of X9 Solutions.
(b) Conduct
You are solely responsible for the content of Your transmissions through the Service. X9 Solutions does, however, reserve the right to take any action with respect to the Service that X9 Solutions deems necessary or appropriate in X9 Solution's sole discretion if X9 Solutions believes You or Your transmissions or use of the Service may create liability for X9 Solutions. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Service, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Service. Further, X9 Solutions, and the X9 Solutions logo, and other names, logos, icons and marks identifying X9 Solution's products and services are trademarks of X9 Solutions and may not be used without the prior written permission of X9 Solutions. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the Software license granted to You (in whole or in part) or create derivative works of this Service without expressly being authorized to do so by X9 Solutions. If You are not the purchaser of the software license from X9 Solutions, you are not authorized to use the software or services. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the Service. All rights not expressly granted in these Terms of Service are reserved to X9 Solutions.
X9 Solution's use of any personal information You provide to it is set out in X9 Solution's current Privacy Policy at https://www.x9solutions.com/privacy.php
X9 Solutions may amend these Terms of Service at any time by (i) posting a revised Terms of Service on https://www.x9solutions.com, and/or (ii) sending information regarding the Terms amendment to the email address You provide to X9 Solutions. You are responsible for regularly reviewing the https://www.x9solutions.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, X9 Solutions reserves the right to modify or discontinue the Service with or without notice to You. X9 Solutions shall not be liable to You or any third party should X9 Solutions exercise its right to modify or discontinue the Service.
As part of the registration process, You will use Your user name and You will choose Your passwords for access to this account. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify X9 Solutions of any unauthorized use of Your account or any other breach of security known to You, including if You believe that its password or account information has been stolen or otherwise compromised.
Besides internal efforts and processes to prevent unauthorized viewing or use of personally identifiable information, all information sent to or from the Site is passed using Secure Socket Layers or "SSL" encryption to make it very difficult for a third-party to view or intercept this information. Whenever using our service, make sure that the URL in the address bar begins with https://www.x9solutions.com/. For more information on X9 Solution's security practices, please contact us at security@x9solutions.com.
X9 Solutions may immediately terminate Your account and right to use the Service if (a) You breach these Terms; (b) X9 Solutions is unable to verify or authenticate any information You provide to X9 Solutions; (c) such information is inaccurate; or (d) X9 Solutions decides, in its sole discretion, to discontinue offering the Service. X9 Solutions shall not be liable to You or any third party for termination of the Service. You may terminate this agreement with or without cause at any time, effective immediately upon written notice to X9 Solutions. Should You object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your sole recourse is to immediately: (a) discontinue use of the Service and (b) request account termination. Upon termination of Your account, Your right to use the Service immediately ceases.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. X9 SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. X9 SOLUTIONS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES X9 SOLUTIONS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM X9 SOLUTIONS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL X9 SOLUTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF X9 SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. X9 SOLUTION'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You hereby agree, at Your expense, to indemnify, defend and hold X9 Solutions harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against X9 Solutions arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all
previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
