The Site provides an interactive online service operated by Xwalker, consisting primarily of promotion and marketing services on behalf of certain merchants ("Merchants")making vouchers or otherwise known as XisCards, tax free vouchers, or tax cards for Merchant goods and services ("vouchers") available to its users. Vouchers may be purchased by Xwalker account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. Tax Free XisCards enable users to make tax included voucher purchases where allowed by law.
As a condition of your use of this Site, you agree that:
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Xwalker retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Xwalker and the Site while it is being transmitted. In addition, Xwalker is not responsible for any data lost during transmission.
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Xwalker account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Vouchers “XisCards” you purchase through our Site as a Xwalker account holder are special promotional offers that you purchase from participating Merchants through our service. The XisCards are redeemable for merchant’s gift/store cards and or certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the XisCard. The Merchant is solely responsible for redeeming the XisCard and paying all taxes, that may or may not be included on the voucher. The Merchant is the issuer of the XisCard and is fully responsible for all taxes, laws, goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release Xwalker and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a XisCard or the services/goods it provides in connection with it.
By purchasing any voucher you agree to the terms of this Agreement and these Terms of Sale. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any v XisCard, you agree to these Terms of Sale specifically ("rules") the terms on the XisCard itself and any additional, deal specific terms advertising the XisCard at the time of purchase (collectively, the "fine print" regardless of how labeled). These rules apply to all promotional vouchers that we make available, unless a particular XisCard’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a XisCard’s fine print, the XisCard’s fine print will control.
Xwalker is a service provider for the Merchant identified on the XisCard and the Merchant is the sole issuer of the XisCard. XisCards have two separate values: (a) the "face value" and (b) the promotional value. The "promotional value" is the additional value beyond the amount paid which may or may not include taxes and duties. Together, the amount paid and the promotional value equals the "full offer value" of the XisCard. For example, if you pay $20 for a tax included XisCard that gets you $50 of goods or services from a Merchant, sales tax is $5, the full offer value is $55 the face value is $20 (this amount does not expire until it is used or is refunded), and the promotional value is $35 (this amount expires on the date stated on the v XisCard unless expiration of the promotional value is prohibited by law).
If a Merchant or venue refuses to honor any XisCard, Xwalker will refund the amount paid upon request in the original form of payment if requested within 15 days of purchase, any time afterwards Xwalker will refund the face value, at Xwalker’s discretion, with the merchant’s store card od equal value, original form of payment, or will credit the Xwalker account of the purchaser with an equivalent number of Xwalker “Credit” for future purchases on the Site. Xwalker Credit does not expire. Need a refund or have a question? contact us here or call Customer Service at (503) 766-5694 (Monday through Friday, 9-5 central time). Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of vouchers is prohibited.
Xwalker Credit" are a form of Site currency redeemable only toward future Xwalker purchases. Xwalker reserves the right to discontinue Xwalker Credit or modify these terms. To accumulate and redeem Xwalker Credit, you must create, and maintain in good standing, a Xwalker customer account registered with a valid credit card. Xwalker Credit does not expire. Unless required by law, Xwalker Credit is non-transferable and are not redeemable for cash.
You can earn Xwalker Credit by participating in various activities and responding to certain offers ("Qualifying Activities"). In order to earn Xwalker Credit indicated in the Qualifying Activity materials, you must comply with the terms of the applicable Qualifying Activity. Xwalker may credit Xwalker Credit to your account for returns or refunded purchases or other reasons within our customer service team’s discretion. Xwalker Credit may also be purchased in various increments on Xwalker gift cards or promotional codes. Xwalker gift cards and promotional codes are governed by the terms and conditions disclosed on or distributed with the specific gift card or promotional code.
You are responsible for ensuring that Xwalker Credit you earn or are awarded as credits are added to your Xwalker account. Xwalker Credit may not appear in your account for up to ten business days if a Qualifying Activity must be validated. Xwalker Credit in your account will automatically be the first form of credit to be applied toward future Xwalker purchases.
Your Xwalker Credit cannot be resold. Your Xwalker Credit cannot be combined or merged with Xwalker Credit in any other account registered to you or another End User. Access to Xwalker Credit or related account information may not be sold or distributed to others. You may not use any other End User’s password or account to accrue Xwalker Credit for that account. Unauthorized or fraudulent use, resale, or distribution of Xwalker Credit is prohibited. Xwalker reserves the right to cancel, revoke, or otherwise prevent the issuance of Xwalker Credit in cases of mistake and in any suspected case of unauthorized or fraudulent use.
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.
Everything located on or in this Site is the exclusive property of Xwalker or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF Xwalker IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Xwalker owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Xwalker or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Xwalker and XisCard are trademarks of Xwalker, Corp.. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Xwalker shall not be deemed to be in the public domain but rather the exclusive property of Xwalker, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Xwalker unless otherwise stated.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Xwalker does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Xwalker the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant Xwalker the right to edit, copy, publish and distribute any material that you make available on this Site.
Xwalker reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide Xwalker with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Xwalker’s DMCA Agent for notice of claims of copyright infringement is:
Xwalker, Inc. Attn: Copyright Agent 450 SW Gemini Dr, ECM# 85126, Beaverton OR 97008 United States dmca@Xwalker.com
We do not accept or consider, directly or through any Xwalker employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER XWALKER CORP., ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. XWALKER HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Xwalker DOES NOT REPRESENT ANY GOVERMENTAL AGENCIES, DOES NOT PROVIDE NOR ADVISE ON THE TAXIBILTY OF ANY SALES TRANSACTION. Xwalker DOES NOT COLLECT NOR IS LIABLE FOR PAYMENT OF ANY TAXES FOR MERCHANTS, UESERS, OR ANY GOVERNING AGENCIES.
We will make every reasonable effort to resolve any disagreements that you have with Xwalker. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Xwalker arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Xwalker; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a className or representative basis; arbitration can decide only your and/or Xwalker’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Xwalker will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Xwalker shall be entitled to arbitrate their dispute.
Xwalker in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively "Communities"). Xwalker shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Xwalker, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Xwalker shall have the right, but not the obligation, to remove any material from the Communities that Xwalker, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, "Statements"), are those of the respective author(s) or distributor(s) and not of Xwalker.
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk
You understand and agree that all Statements are public and not private. Any other person (whether or not a user of Xwalker’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Xwalker does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.
By posting Statements or other information on or through the Communities, you grant Xwalker a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
You agree to defend, indemnify and hold harmless Xwalker, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Xwalker from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Xwalker, and any conduct or speech, whether online or offline, of any other user.
No waiver by either you or Xwalker of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
If you reside in the United States you are contracting with Xwalker, Inc. Correspondence should be directed to: Xwalker 450 SW Gemini Dr, # 85126, Beaverton OR 97008 United States
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210