Xpand (“Xpand”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Xpand will respond expeditiously to claims of copyright infringement committed using the Xpand service and/or the Xpand website (the “Site”) if such claims are reported to Xpand’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Xpand’s Designated Copyright Agent. Upon receipt of Notice as described below, Xpand will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
Deliver this Notice, with all items completed, to Xpand’s Designated Copyright Agent:
Xpand is used by many people, and we're proud of the trust placed in us. In exchange, we trust you to use our services responsibly.
You agree not to misuse the Xpand services ("Services"). For example, you must not, and must not attempt to do the following:
When you use our Services, you provide us with things like your files, content, email messages, contacts and so on ("Your Stuff"). Your Stuff is yours. These Terms don't give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, message organization, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Stuff. You give us permission to do those things, and this permission extends to trusted third parties we work with.
Our Services let you share Your Stuff with others, so please think carefully about what you share.
You're responsible for your conduct, Your Stuff and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
Any instructions, choices, or requests you make on this Web site will be considered your written permission to your employer and/or Xpand to provide information or conduct transactions on your behalf, in accordance with your employer's employee policies, programs, or employee on-boarding activities.
Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current. You are solely responsible for any loss of privacy or confidentiality of information if you disclose your user name or password to a third party. You agree to contact your employer and/or Xpand immediately if you have reason to believe that someone has gained unauthorized access to your password, or any other identifier.
You are responsible for reviewing any instructions, choices, or requests that you make through this Web site. You are responsible for reviewing for inaccuracies all of the information transmitted to you. If there are inaccuracies, you are responsible for correcting them using the tools available to you on the Web site or by contacting your employer to point them out.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.
Our Software services automatically function within your computer's web browser. This software ("Software") updates automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
You understand that this Web site may not perform as intended at all times. You agree that Xpand, and/or your employer are not responsible for any error, omission, interruption or delay in operation of or transmission through this Web site, communication line failure, system failure, or other circumstances beyond their control.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Xpand trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Certain links on this Web site connect to Web sites maintained by third parties. We make no representations or warranties as to the content of these sites and take no responsibility for such sites. Our link to another site is not an endorsement of that site. We encourage you to review any Web site's policies before providing any personal information.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Whiteboard Ventures Inc. D/B/A Xpand
31 W 34th St., 7th floor
New York, NY 10001
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. We'll of course provide you with notice via the email address associated with your account before we do so.
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, XPAND AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL XPAND, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT XPAND HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO XPAND FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.
Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Xpand, you agree to try to resolve the dispute informally by contacting support@Xpand.io. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Xpand may bring a formal proceeding.
We Both Agree To Arbitrate. You and Xpand agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first accepting these Terms.
Arbitration Procedures. The Judicial Arbitration and Mediation Service (JAMS) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, New York (NY), or any other location to which we agree.
Arbitration Fees and Incentives. The JAMS rules will govern payment of all arbitration fees. Xpand will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Xpand will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Xpand may assert claims, if they qualify, in small claims court in New York (NY) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Xpand agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York County (NY). Both you and Xpand consent to venue and personal jurisdiction there.
These Terms will be governed by New York law.
These Terms constitute the entire agreement between you and Xpand with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Xpand's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Xpand may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.