Privacy Policy

XPAND PRIVACY POLICY

 

Privacy Policy Posted September 1, 2016 by , Xpand Marketing, LLC has established the following terms and conditions of use to govern the use of this website (the “Terms of Use”). When you use this website, you agree to abide by the Terms of Use that follow. If you do not agree with these Terms of Use or any part of these Terms of Use, you should not use this website. This website uses cookies. By using this website and agreeing to these Terms of Use, you consent to ‘s use of cookies in accordance with the terms of the Privacy Policy.

 

USE OF WEBSITE CONTENT

Xpand Marketing, LLC and/or its licensors own the intellectual property rights in the website and material on the website. The website and the content of the website is protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights and laws, as applicable. is the exclusive owner of its intellectual property and all rights are reserved. You must abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the website grants you a worldwide, non-exclusive, non-sublicensable and non-transferable license to browse through the site, download and print copies of the material solely for your non-commercial personal use. Copyright notices that appear on material must not be removed. You must not use, re-publish, duplicate, sell, rent or sub-license material from this website in any manner or medium for commercial use (whether or not for profit) or in any manner that violates any third party rights.

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not use this website to transmit or send unsolicited commercial communications.

 

Any marketing usage of this website requires permission from . allows its Distributors to have a replicated website once they enroll with as a Distributor through the standard process in the United States, Canada and other global markets.

 

You acknowledge that this website and its components are offered for informational purposes only. will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website, and further will not be responsible or liable for any errors or omissions in that information.

WHAT INFORMATION DOES FLEX COLLECT AND USE?

 

FLEX may gather and use information about you, including (but not limited to) information in the following categories:

  • Identification data (e.g. name, profile name, address, telephone number, mobile number, email address);
  • Profile information (e.g. age, gender, country of residence, language preference and any information that you choose to make available to others as part of your FLEX user profile;
  • Electronic identification data (e.g. FLEX addresses, tokens);
  • Banking and payment information (e.g. credit card information, account number);
  • Call quality and survey results;
  • Information about your usage of and interaction with FLEX software, products, websites and marketing communications (including computer, platform, device and connection information, client performance information, error reports, device capability, bandwidth, usage statistics, calling destinations, and traffic to and from our website);
  • Products or services ordered and delivered;
  • List of your contacts and related data (we will give you a choice as to whether you want FLEX to use contact lists from other services to populate your FLEX contacts);
  • Correspondence between you and FLEX;
  • Traffic data (data processed for the purpose of the conveyance of communications or the billing thereof, including, but not limited to, the duration of the call, the number calling and the number called); and
  • Content of instant messaging communications and voice messages;
  • Location information, derived from your mobile carrier or from the mobile device that you use,
  • Mobile device information, such as manufacturer’s name, device model number, operating system, carrier network;
  • Location information, device identifiers and standard identifiers;
  • Access tokens for other accounts you associate with your FLEX account, which are like an electronic key provided by the service that acts in place of a password for authentication.

OUR USE OF PERSONAL INFORMATION AND OTHER DATA

 

FLEX uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. FLEX and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the App to help us improve the content and functionality of the App, to better understand our users and to improve the Services. FLEX and its Related Companies may use this information to communicate with you regarding the Services or to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

If FLEX intends to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

 

OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION:

 

FLEX is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

911 Calls and Requests for Emergency Assistance. NOTE THAT THE SERVICE CAN NOT AND SHOULD NOT BE USED FOR 911 OR EMERGENCY CALLING. However, if you attempt to contact emergency services via the Service, we may provide personally-identifiable location information to a public safety answering point; emergency medical service provider or dispatch provider; public safety, fire service, or law enforcement official; or hospital emergency or other medical care facility. As permitted by law, we may also disclose personally-identifiable location information without a user’s consent in an emergency situation involving risk of death or serious physical harm, such as to a user’s legal guardian or members of a user’s immediate family or to database management services or information providers solely to assist in delivering emergency services.

 

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data that we have retained about you may be part of the transferred assets.

 

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

 

Agents, Consultants and Related Third Parties: FLEX, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

 

Legal Requirements: FLEX may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or valid legal process, or (ii) act in urgent circumstances to protect the personal safety of users of the App or the public.

 

CONTACTING YOU

FLEX may from time to time ask you to provide information on your experiences which will be used to measure and improve quality. You are at no time under any obligation to provide any of such data. Any and all information which is voluntarily submitted in feedback forms on the website or any survey that you take part in is used for the purposes of reviewing this feedback and improving the FLEX software.

FLEX may contact you to send you messages about faults and service issues. Further, FLEX reserves the right to use email, the FLEX software or SMS to notify you of any eventual claims related to your use of FLEX software, including without limitation claims of violation of third party rights.

FLEX may send you alerts by email or SMS to notify you when someone has tried to contact you. FLEX may also use email, SMS or the FLEX software to keep you up to date with news about the FLEX software other FLEX related information. FLEX may also email, text message, in-app message, or send you push notifications about sale, promotional or special FLEX events, offerings, or packages. You can opt-out of the receipt of alerts and/or promotional emails by clicking the ‘unsubscribe’ link on the email that you receive or by changing your notification settings on your device.

EXCLUSIONS

This Privacy Policy does not apply to any Personal Data collected by FLEX other than Personal Data collected through the App or Services. This Privacy Policy shall not apply to any unsolicited information you provide to FLEX through this App or through any other means. This includes, but is not limited to, information posted to any public areas of the App, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and FLEX shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

AFFILIATE WEBSITE ACCESS

Upon enrollment, allows its Affiliates to create a replicated site which requires the use of a USER ID and PASSWORD which is granted by Xpand Marketing, LLC. This information must be kept confidential. Xpand Marketing, LLC may disable your user ID and password in Xpand Marketing, LLC’s sole discretion without notice or explanation.

 

SUBMISSIONS OF CONTENT

For any material that you submit to this website in any form “ including print, photograph or video “ you grant to a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully-paid royalty-free license (with the right to sublicense) to use, reproduce, adapt, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, create derivative works and distribute (through multiple tiers) your user content in any existing or future media. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

Xpand Marketing, LLC reserves the right to edit or remove any material submitted to this website, or stored on ‘s servers, or hosted or published upon this website.

 

WARRANTIES AND DISCLAIMERS

Your use of this site is at your own risk. THIS SITE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

 

XPAND, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY

ALL LIABILITY OF XPAND, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THIS WEBSITE OR THE CONTENT HEREOF IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF FIVE-O, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL , NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT , ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO YOUR USE OF OR INABILITY TO ACCESSS THE SITE OR ITS CONTENT FOR:

 

DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF REPUTATION OR GOODWILL; LOSS OF DATA; LOSS OF ANTICIPATED SAVINGS; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES. NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ‘S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

INDEMNITY

You agree to indemnify, defend and hold Xpand Marketing, LLC, its subsidiaries, affiliates, officers, directors, employees and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, settlements, demands, losses, expenses (including reasonable attorneys’ fees) or other liabilities or costs arising out of or relating to (i) your use or misuse of or access to this website and the content hereof; (ii) your breach of these Terms of Use or the documents it incorporates by reference; (iii) your negligence or misconduct; or (iv) a claim that your use of any content of the site (or that any content supplied by you to the site) infringes the copyright, trademark, trade secret, patent or other proprietary right of a third party (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of ). may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by , however, shall not excuse any of your indemnity obligations.

 

LINKING AND FRAMING PROHIBITED

You will not establish a link between any other website and this Site, or permit anyone else to establish such a link. You will not frame any page or portion of this Site. The creation and/or the facilitation of the creation of links and/or frames to this Site and/or any Content is expressly prohibited and will be grounds for termination of your account.

 

LINKS TO THIRD PARTY WEBSITES

To facilitate your ability to obtain Content, may provide links on its Site to content providers, as well as other third parties. These links are for informational purposes only. Through these links you are permitted to leave the Site. has no control over these linked websites, and is not responsible in any way for the operation, content, practices or legality of those websites. Accordingly, we do not endorse, approve or hold ourselves responsible for the privacy policies, terms of use or information gathering practices of any site that you may link to and/or from our Site. Thus, our Terms of Use and Privacy Policy do not apply to those linked sites.

 

BREACH OF CONDUCT

Without prejudice to ‘s other rights under these Terms of Use, if you breach these Terms of Use in any way, may take such action as deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

SEVERABILITY

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

ENTIRE AGREEMENT

These Terms of Use are the entire agreement between you and with respect to the website and content thereof, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and with respect thereto. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, must provide you with written notice of such waiver through one of its authorized representatives.

 

GOVERNING LAW AND JURISDICTION

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules that would require the application of the law of any other state or other foreign jurisdiction, and the United States of America. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of Miami, Florida Division. Use of the website and the content thereof is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

 

CHANGES TO THESE TERMS

Xpand Marketing, LLC reserves the right, at our sole and absolute discretion, to modify or replace any of these Terms of Use or change, suspend or discontinue the website, its content, or all or any portion of any of the foregoing at any time by posting a notice on the website or by sending you notice through electronic mail. may also impose limits on certain features and services or restrict your access to parts or all of the website or the content thereof without notice or liability. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these Terms of Use or other policies means you accept the changes.

 

FOR ADDITIONAL INFORMATION

For any questions concerning the information above or on use of this site you may contact at:

 

Xpand Marketing, LLC
20423 State Road 7   Suite F6466
Boca Raton, FL 33498
(561) 475-3090

You can email us at support@127.0.0.1
CORPORATE OFFICE
20423 State Road 7   Suite F6466
Boca Raton, FL 33498
(561) 475-3090