ManageXValue's mission is to improve decision making capability of its clients, providing value based and quantitative methodologies and related tools. We need rules to keep our platform and services safe for you, us, and our community. These Terms apply to all your activities on the ManageXValue website, our APIs, and other related services ("Services").

If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.

IMPORTANT: PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MANAGEXVALUE ON AN INDIVIDUAL BASIS (WAIVING YOUR RIGHT TO A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THIS AGREEMENT ALSO CONTAINS RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY AND ASSUMPTION OF RISK, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES. PLEASE REVIEW THEM CAREFULLY.

You need an account for most activities on our platform. Keep your password somewhere safe, because you're responsible for all activity associated with your account. If you suspect someone else is using your account, let us know. You must have reached the age of consent for online services in your country to use ManageXValue. You need an account for most activities on our platform, including to purchase and access content or to use the quantitative methodologies. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else's account. You may not resell service to others through your account.

As each user must have unique login credentials, You may not share your account login credentials with anyone else. You are responsible for what happens with your account and ManageXValue will not intervene in disputes between users who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account.

Users must be at least 18 years of age to create an account on ManageXValue and use the Services. If we discover that you have created an account that violates these rules, we will terminate your account.

You can terminate your account at any time.

When you set up an account, you get a license from us to leverage the frameworks and quantitative methodologies provided by the ManageXValue Services and no other use. Limitations on the amount of content and number of quantitative analyses available is limited by the Subscription Plan you pay for. Don't try to transfer or resell content in any way. This license does not give you any right to resell the content or quantification analyses in any manner.

In legal, more complete terms, ManageXValue grants you a limited, non-exclusive, non-transferable license to access and use the content and quantitative methodologies for which you have paid all required fees. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a ManageXValue authorized representative. This also applies to content you can access via any of our APIs.

When you make a payment, you agree to use a valid payment method.

The prices of various subscription levels on ManageXValue are determined by ManageXValue. We reserve the right to change the prices for any content or Service, at our discretion. We occasionally run promotions and sales for our content and Service, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout). Any price offered for particular content may also be different when you are logged into your account from the price available to users who aren't registered or logged in, because some of our promotions are available only to new users.

If you are a user located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.

You agree to pay the fees for content and Service that you purchase, and you authorize us to charge your debit or credit card for those fees. ManageXValue works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content and Service, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any content and Service for which we have not received adequate payment.

Refund option does not apply to Subscription Plans. If we provide any refund, we reserve the right to apply your refund as Community Point that can be used in the Accelerators section of our platform.

At our discretion, if we believe you are abusing our refund policy, such as if you've consumed a significant portion of the Service (e.g., quantification algorithm runs) that you want to refund, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to the content due to your violation of these Terms you will not be eligible to receive a refund.

You can only use ManageXValue for lawful purposes. You're responsible for all the content that you post on our platform, such as in the Accelerator section. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know. You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

You must abide by the law and respect the rights of others: you cannot post any Accelerator or other content that violates applicable local or national laws or regulations of your country.

If we are put on notice that your content violates the law or the rights of others (for example, if it is established that it violates intellectual property, or is about an illegal activity), we may remove your content from our platform.

ManageXValue has discretion in enforcing these Terms. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platform even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platform and services.

You retain ownership of Accelerator content you post to our platform. We're allowed to share your content to anyone through any media, including promoting it via advertising on other websites. ManageXValue does not access or share any content that is not shared by you as an Accelerator in the platform.

When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize ManageXValue to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.

In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with ManageXValue for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

Anyone, who paid the applicable subscription fees, can use ManageXValue to leverage the quantitative methodologies provided by the Service. As any quantitative methodology, outputs and therefore decisions you may make based on these outputs are driven by the assumptions and inputs you provide for the algorithm. You assume full responsibility for these inputs, assumptions, and the choices you make before, during, and after your access to the content and Service.

Anyone, who paid the applicable subscription fees, can use ManageXValue to create and publish Accelerator content. Like other platforms where people can post content and interact, some things can go wrong, and you use ManageXValue at your own risk. Our platform model means we do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise any editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content.

If you access Accelerator content, you rely on any information provided by the Accelerator creator at your own risk. You assume full responsibility for the choices you make before, during, and after your access to the content and Service.

When you use our Services, you will find links to other websites that we don't own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

ManageXValue does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services.

We own the ManageXValue platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can't tamper with those or use them without authorization. All right, title, and interest in and to the ManageXValue platform and Services, including our algorithm, code, website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by users in the Accelerator section) are and will remain the exclusive property of ManageXValue. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the ManageXValue name or any of the ManageXValue trademarks, logos, domain names, and other distinctive brand features

To the extent you provide any suggestions to ManageXValue regarding the functioning, features, and other characteristics of the Services, documentation, or other material or services provided or made available by ManageXValue ("Feedback"), you hereby grant ManageXValue a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully transferable, worldwide license under all of your intellectual property rights, for ManageXValue to use and exploit in any manner and for any purpose.

You may not do any of the following while accessing or using the ManageXValue platform and Services:

ManageXValue shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (excluding Your Data and data derived therefrom), and ManageXValue will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other ManageXValue offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

This section covers additional terms that apply to your use of our subscription-based solutions as a non-Partner (“Subscription Plans”). By using a Subscription Plan, you agree to the additional terms in this section. Note that use of ManageXValue Partner is not subject to these Terms, but is instead governed by the agreement between ManageXValue and the subscribing Partner organization.

During your subscription to a Subscription Plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content and use the quantitative algorithms included in that Subscription Plan via the Services.

The subscription that you purchase or renew determines the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else, other than with employees of your own organization who contribute to Enterprise Assessments.

We reserve the right to revoke any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion.

You may cancel your subscription. If you cancel your subscription to a Subscription Plan, your access to that Subscription Plan will automatically end on the last day of your billing period. On cancellation, you will not be entitled to receive a refund or credit of any fees already paid for your subscription, unless otherwise required by applicable law. For clarity, cancellation of a subscription does not terminate your ManageXValue account.

Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up. ManageXValue determines free trial eligibility at our sole discretion and may limit access, eligibility, or duration. We reserve the right to terminate the free trial and suspend your subscription if we determine that you aren't eligible.

We will charge the subscription fee for your next billing cycle at the end of the free trial period. Your subscription will automatically renew according to your subscription settings (e.g., monthly or annually) unless you cancel your subscription prior to the end of the free trial period.

Subscription fees and in-application purchases will be listed at the time of your purchase. You can visit your Profile to learn more about fees and dates applicable to your subscription and in-application purchases. We may also be required to add taxes to your subscription fee and in-application purchases as described in the “Payments, Credits, and Refunds” section above. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law.

To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then-applicable fees.

In the event that we update your payment method using information provided by our payment service providers (as described in the “Payments, Credits, and Refunds” section above), you authorize us to continue to charge the then-applicable fees to your updated payment method.

We reserve the right to change our Subscription Plans or adjust pricing for our Services at our sole discretion. Any price changes or changes to your subscription will take effect following notice to you, except as otherwise required by applicable law.

We make no guarantees as to the availability of any specific content or Service in any Subscription Plan or as to any minimum amount of content in any Subscription Plan. At any point in the future, we reserve the right to offer or cease to offer additional features to any Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole discretion. We have no responsibility to preserve or store the content inputted by you in connection with your use of any Subscription Plan. These disclaimers are in addition to those listed in the “Disclaimers” section below.

These Terms are like any other contract, and they have important legal terms that protect us from the things that could happen and that clarify the legal relationship between us and you.

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with ManageXValue. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are a user accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn't mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn't mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Sections 2 (Service Enrollment), 5 (ManageXValue's Rights to Content You Post), 6 (Using ManageXValue at Your Own Risk), 7 (ManageXValue's Rights), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).

By using the Services, you consent to receiving electronic communications from ManageXValue. These electronic communications may include notices about applicable Services fees and charges related to the Services and transactional or other information concerning or related to the Services. These electronic communications are part of your relationship with ManageXValue and you receive them as part of your use of the Services. You agree that any notices, agreements, disclosures or other communications that ManageXValue sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don't work out right.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will ManageXValue or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

There are risks inherent to using our Services. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services.

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless ManageXValue, our group companies, and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

When these Terms mention “ManageXValue,” they are referring to the ManageXValue entity that you are contracting with.

If you're accessing our Services through the online application you're contracting with ManageXValue, LLC. and these Terms are governed by the laws of the State of Florida, USA without reference to its choice or conflicts of law principles. In cases where the “Dispute Resolution” section below doesn't apply to you, you consent to the exclusive jurisdiction and venue of federal and state courts in Tallahassee, Florida, USA.

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to managexvalue@managexvalue.com).

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren't located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). You also warrant that you aren't a person or entity who is named on any U.S. government specially designated national or denied-party list.

If you become subject to such a restriction during the term of any agreement with ManageXValue, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to ManageXValue).

You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.

If there's a dispute, we are happy to help resolve the issue. If that doesn't work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.

This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting us.

Either of us can bring a claim in small claims court in (a) Tallahassee, Florida, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.

If we can't resolve our dispute amicably, you and ManageXValue agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator's rendered award may be entered in any court with competent jurisdiction.

Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA's rules about whether the arbitration hearing has to be in-person.

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can't combine multiple people's claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator's decision or award in one person's case can only impact that user, not other users, and can't be used to decide other users' disputes. If a court decides that this “No class actions” clause isn't enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

Notwithstanding the "Updating these Terms" section below, if ManageXValue changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing ManageXValue written notice of such rejection by mail or hand delivery to ManageXValue Attn: Legal, 1150 NW 72ND Ave, Tower I STE 455 #6350, Miami, FL 33126, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and ManageXValue in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and ManageXValue reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

The best way to get in touch with us is to contact our Support Team. We would love to hear your questions, concerns, and feedback about our Services.

Thanks for focusing on managing risk in a quantitative and respectful way!