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XVELA USER AGREEMENT
IMPORTANT!  BY CHECKING THE BOX NEXT TO THE STATEMENT “I HAVE READ AND ACCEPT TERMS OF USE” BELOW AND CLICKING ON THE “SIGN UP” BUTTON DISPLAYED AS PART OF THE REGISTRATION PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF THE XVELA PLATFORM (THE “SERVICES”). 
Services – Navis LLC dba XVELA is located at 55 Harrison Street, Oakland, CA  94607, and provides these Services to You according to the terms and conditions of this Agreement, including any materials available on the XVELA website incorporated by reference herein, including but not limited to XVELA’s registration and order process, Privacy and Security policies. 
XVELA may add to or delete XVELA content or functionality of the Services from time to time as it deems appropriate.  This Agreement, including the Privacy or Security policies may be updated from time to time, and by continuing to use the Services, You agree to such updates of this Agreement.  In addition, XVELA may post policies applicable to the use of the Services and You agree to comply with such policies.  XVELA will use reasonable efforts to notify all users of the Services of these updates, as well as any other important announcements regarding the operation of the Services from time to time as needed.
The Services and all XVELA content is the intellectual property of XVELA, its licensors, or other third parties.  By using the Services, You do not obtain any ownership rights in such intellectual property, including patents, trademarks and copyrighted material (“IP”). You must not remove, obscure or change any legal notices displayed in or with the provision of the Services.
Your Obligations -
You agree to use the Services solely as permitted in this Agreement and in any policies.  You must not interfere with the provision of the Services, or attempt to access them from anywhere but the XVELA access page.  You will not share your password or credentials with any other person.  
You are responsible for all activity occurring under your User accounts, including but not limited to uploading any of your data onto the Services. You shall: (i) use the Services in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws. You shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (iii) attempt to gain unauthorized access to the Services or its related systems or networks.
XVELA is not responsible to you for unauthorized access to your data or the unauthorized use of the Services. You are responsible for the use of the Services by any person to whom you have given access to the Services, and any person who gains access to your data.
The XVELA Services are provided to You via the Internet and You are responsible for the equipment and services required (collectively, “Equipment”)  for connecting to the Internet in order to use the Services. You shall also be responsible for maintaining the security of the Equipment, your User account, User’s passwords and files, and for all uses of your User account or the Equipment with or without your knowledge or consent. XVELA reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
You must cooperate with XVELA's reasonable investigation of Service outages, security problems, and any suspected breach of the Agreement. You shall: (i) notify XVELA immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to XVELA immediately and use reasonable efforts to stop immediately any unauthorized copying or distribution of the Services that is known or suspected by You or your users; and (iii) not impersonate another XVELA user or provide false identity information to gain access to or use the Services.
XVELA reserves the right to suspend or terminate Your access to the Services at any time if XVELA reasonably suspects You have violated the terms or conditions of this Agreement.
Confidentiality -  As between You and XVELA, the provision of the Services, including, without limitation, business plans and models, financial information, market research, XVELA customer and supplier information, proprietary software and methods, and XVELA information concerning proprietary inventions and technologies is deemed the Confidential Information of XVELA.  You agree to hold such Confidential Information in strict confidence and will not divulge it to any third party.  You will take all reasonable measures to avoid disclosure, distribution or unauthorized use of the XVELA Confidential Information, including at a minimum, those measures you take to protect your own confidential information of a similar nature.
WARRANTY DISCLAIMER – THE SERVICES ARE PROVIDED “AS IS”.  XVELA DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. XVELA is not responsible for the accuracy, quality, integrity, legality, reliability or propriety of any electronic data, information or material that is input into the Services and is provided by or submitted by You in the course of using the Services, or any transactions or results generated by the Services through the processing or other use thereof.
LIMITATION OF LIABILITY - IN NO EVENT SHALL XVELA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT XVELA WAS ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES. 
IN NO EVENT SHALL XVELA’S TOTAL LIABILITY ARISING FROM OR IN RELATION TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EXCEED U.S.$100,000.  THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT THE FEES PAID BY YOU (OR A THIRD PARTY ON YOUR BEHALF) HAVE BEEN ESTABLISHED BASED ON THE ALLOCATION OF RISKS SET FORTH IN THIS PARAGRAPH.
TERM AND TERMINATION
This Agreement is valid from the date you check “I ACCEPT THE XVELA TERMS OF SERVICE” below, unless and until terminated.  XVELA may terminate this Agreement for suspected violations of this Agreement or if it suspects that access to or use of the Services by You is detrimental to other customers or Users.  You may terminate the Agreement at any time upon notice.  
Upon any termination of this Agreement: a) Your rights and licenses to use the Services shall terminate immediately; b) Termination of this Agreement shall neither limit us from pursuing any other remedies available, nor relieve You of Your obligation to pay any fees (if any) accrued or payable to XVELA prior to termination. Any termination by You for any reason shall not entitle You to a refund of fees of any kind previously paid to XVELA. Upon termination of this Agreement for any reason, You shall immediately return to XVELA, or destroy, all XVELA Confidential Information and all copies thereof in Your possession or subject to Your control, and certify to XVELA in writing that You have done so; and c) the sections entitled “Confidential Information”, “Indemnification”, “Limitation of Liability”, this paragraph, and all the provisions following this paragraph shall survive any termination or expiration of this Agreement.
Governing Law - This Agreement is entered into and governed by the substantive laws of California, U.S.A. To the fullest extent permitted by law, and if applicable, the provisions of the Uniform Commercial Code (“UCC”), the Uniform Computer Information Transaction Act (“UCITA”), or any similar United States law as may be enacted, shall not apply to this Agreement. If You are located outside of the territory of the United States, then You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement, the rights and obligations of the You or XVELA hereunder, or any document that may be executed to implement this Agreement. The prevailing party to any dispute or litigation under this Agreement is entitled to collect its reasonable attorney’s fees from the other party.
English Language – The Services and any documentation or software that comprise or are accessed via the Services are in the English language, and the English language version of this Agreement shall be deemed the original version and will control the interpretation of its terms.
Miscellaneous – If XVELA at any time fails to insist upon strict performance of any of the terms and conditions in this Agreement, it will not be deemed a waiver of XVELA’s right at any time thereafter to insist upon strict performance.  
If any part of this Agreement is ruled to be illegal or unenforceable, the remaining provisions of this Agreement shall continue and not be impaired by such ruling.
This Agreement includes any policies incorporated by reference, including such terms as may be located at the XVELA Trust Site, and is the entire agreement between You and XVELA regarding the Services.
I have read and accept Terms of Use. *
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