Terms & Conditions
Effective Date: October 1st, 2026
Please read these Terms and Conditions carefully. By accessing or using Xaviers Reviews, creating an account, submitting content or a review, or purchasing a membership, you agree to be bound by these Terms.
These Terms and Conditions (the “Terms”) govern access to and use of the Xaviers Reviews website, platform, accounts, professional profiles, review features, subscription services, search and save functions, advertising features, and any related online services made available under the Xaviers Reviews brand (collectively, the “Service”). The Service is operated by Nieko Xavier Wadley, an individual doing business as Xaviers Reviews (“Xaviers Reviews,” “we,” “us,” or “our”), not by a separate limited liability company or corporation.
These Terms are designed for the current minimum viable product and also establish a general framework for features Xaviers Reviews may introduce later, including advertising, promoted or sponsored placements, employer or business accounts, and hospitality-industry job listings. Additional or supplemental terms may apply when a new feature is launched.
1. Acceptance, Scope, and Priority of Terms
1.1 Binding Agreement. By accessing or using the Service, you represent that you have read, understood, and agree to these Terms and the Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes the organization to the extent applicable.
1.2 Supplemental Terms. Certain features, promotions, job-board services, advertising products, or other offerings may be subject to additional terms presented when you use them. If supplemental terms conflict with these Terms for a particular feature, the supplemental terms control for that feature to the extent of the conflict.
1.3 Consumer Rights. Nothing in these Terms is intended to waive rights that cannot lawfully be waived. Any disclaimer, limitation, or allocation of risk applies only to the maximum extent permitted by applicable law.
2. Eligibility, Accounts, and Account Security
2.1 Eligibility. You must be at least eighteen (18) years old and legally capable of entering into a binding agreement to create an account or use the Service. By creating an account or using the Service, you represent that you are at least 18 years old and that your use is not prohibited by applicable law. Xaviers Reviews may establish or enforce additional identity or eligibility requirements for particular account types or features.
2.2 Account Information. If you create an account, you must provide information that is accurate, current, and complete and must keep material account information reasonably current. You may not create an account using another person’s identity, impersonate another person or business, or use information you are not authorized to use.
2.3 Credentials and Security. You are responsible for safeguarding credentials and for activity conducted through your account to the extent caused by your failure to protect those credentials. You must promptly notify Xaviers Reviews if you reasonably believe an account or credential has been compromised. We may require authentication, verification, password resets, or other reasonable security steps before providing account access or processing sensitive requests.
2.4 One Person, One Identity. We may limit duplicate, deceptive, fraudulent, or confusing accounts, including accounts created to manipulate reviews, ratings, professional profiles, search results, or membership benefits.
3. Professional Profiles and Public Profile Information
3.1 Professional Profiles. Hospitality professionals, including servers, bartenders, hosts, and other service-industry professionals, may create their own public profiles through the Service. A professional profile becomes active when the professional activates an eligible subscription or otherwise receives access authorized by Xaviers Reviews. A profile may include a display name or name, profile photograph, workplace, professional role, ZIP code or general location information, personal tagline, XR number or other platform identifier, reviews, ratings, and other information made public through the Service.
3.2 Public Nature of Profiles. Information designated as public may be viewed, searched, saved, indexed within the Service, copied by other users, or otherwise accessible to the public. You should not place confidential, highly sensitive, or unnecessary personal information in a public profile or public submission.
3.3 Accuracy and Authorization. If you create, edit, manage, or submit information for a professional profile, you represent that the information is accurate to the best of your knowledge and that you are authorized to provide it. You may not falsely control another person’s profile or materially misrepresent a professional’s identity, affiliation, workplace, role, or experience.
3.4 Corrections and Verification. Xaviers Reviews may, but is not obligated to, offer profile verification, correction, or dispute processes. We may request reasonable supporting information before making material changes to a profile. Verification or the presence of an XR number does not constitute endorsement, licensure verification, employment verification, or a guarantee of identity or qualifications unless Xaviers Reviews expressly states otherwise in writing.
3.5 Workplace References. A profile’s reference to a restaurant, bar, hotel, venue, employer, or other workplace does not imply that the workplace sponsors, endorses, employs, or remains affiliated with the professional, and such information may become outdated.
4. Reviews, Ratings, and Review Integrity
4.1 Genuine Experience and Account Required. Any person who creates a valid public user account may submit a review, but each review or rating must reflect the reviewer’s genuine, first-hand experience or interaction with the professional or service experience being reviewed. Xaviers Reviews does not currently require documentary evidence of the interaction at the time a review is submitted, but we may request information reasonably relevant to a reported review or integrity investigation. A reviewer may not fabricate an experience, impersonate another person, submit a review on behalf of a person who did not authorize it, or knowingly misstate a material fact.
4.2 Honest Opinions. Reviewers may express honest opinions, including critical or negative opinions. A negative rating or unfavorable opinion is not, by itself, a violation of these Terms. Reviewers remain responsible for the factual assertions they make and for distinguishing opinion from factual accusations where context reasonably requires it.
4.3 Prohibited Review Manipulation. You may not create, purchase, sell, solicit, arrange, or facilitate fake, false, deceptive, or materially misleading reviews or ratings; use bots or fabricated accounts to influence reviews; coordinate review bombing; reuse or repurpose a review in a materially misleading manner; or manipulate the apparent volume, source, recency, or sentiment of reviews.
4.4 Incentives and Material Connections. You may not offer or provide compensation, discounts, gifts, employment benefits, preferential treatment, or other incentives on the condition that a review express a particular positive or negative sentiment. If a review is lawfully incentivized without a required sentiment, any material connection that would reasonably affect how readers evaluate the review must be clearly disclosed where required by law or Xaviers Reviews policy.
4.5 Insider Reviews. Employees, managers, owners, agents, relatives, or others with a material relationship to a professional, workplace, advertiser, or business may not use undisclosed connections to create misleading impressions of independent consumer opinion. Xaviers Reviews may require disclosure, restrict, label, or remove such content when appropriate.
4.6 Prohibited Content. Reviews and other submissions may not contain content that is knowingly false, defamatory, unlawfully threatening, harassing, discriminatory, obscene, exploitative, invasive of privacy, infringing, fraudulent, deceptive, illegal, or otherwise materially inconsistent with these Terms. Content may criticize conduct or service honestly; this section is not intended to prohibit lawful negative commentary.
4.7 No Retaliatory Suppression. Professionals and businesses must not misuse reporting tools, groundless legal threats, intimidation, harassment, false public accusations, payments, or other improper pressure to suppress or alter truthful negative reviews. Legitimate legal complaints and good-faith requests to correct unlawful or demonstrably false content are not prohibited.
4.8 Reviews About Xaviers Reviews. Nothing in these Terms prohibits a consumer from posting an honest review of Xaviers Reviews, penalizes a consumer for doing so, or requires a consumer to transfer ownership of review content about Xaviers Reviews. Any license granted under Section 6 is non-exclusive and is intended to permit operation and promotion of the Service, not to strip reviewers of ownership rights protected by applicable law.
4.9 Review Editing and Deletion Window. After submitting a review, the User may edit or delete that review through the available user-facing functionality for twenty-four (24) hours. After the 24-hour period expires, the review is locked and cannot be edited or deleted by the User through the normal platform functionality. This limitation does not restrict Xaviers Reviews from moderating, restricting, removing, restoring, or preserving content under Section 5, Section 18, applicable law, or a valid legal or privacy request.
5. Moderation, Reporting, and Review Disputes
5.1 Moderation Rights. Xaviers Reviews may, but is not obligated to, review, screen, investigate, label, limit distribution of, refuse, remove, disable access to, or restore User Content when we reasonably believe action is appropriate to enforce these Terms, protect users or the Service, respond to legal process, address infringement or safety concerns, prevent manipulation, or comply with law.
5.2 Moderation Is Not an Endorsement. The fact that content remains available does not mean Xaviers Reviews has verified, approved, adopted, endorsed, or agreed with it. The removal of content does not mean Xaviers Reviews accepts liability or agrees that the content was unlawful.
5.3 Reporting Reviews. A professional or other affected person may request review or removal of content by contacting Xaviers Reviews at xrnotifications@gmail.com or through another reporting method we make available. A request should identify the challenged content and explain the specific policy or legal basis for the request. We may request supporting information or documentation. The Service does not currently provide professionals with a public reply function for reviews, although that functionality may be added later.
5.4 No Guaranteed Outcome or Timeline. Except for the procedures in Section 18 and any action or deadline required by applicable law, Xaviers Reviews does not guarantee that every report will be investigated, resolved, or answered within a particular period, or that reported content will be removed. We may preserve content, records, or related information where reasonably necessary for legal, fraud-prevention, safety, evidentiary, or operational purposes.
5.5 No Adjudication of Private Disputes. Xaviers Reviews is not a court, arbitrator, licensing board, employer, or fact-finder for private disputes between reviewers and professionals. When the truth of disputed factual claims cannot reasonably be determined from available information, we may decline to decide the underlying dispute and may leave, remove, restrict, or otherwise handle the content in accordance with these Terms and applicable law.
5.6 Integrity of Review Presentation. Xaviers Reviews may organize, rank, summarize, filter, or display reviews using neutral or disclosed criteria. We will not knowingly misrepresent that a displayed set represents all or most submitted reviews if reviews have been suppressed solely because of their negative sentiment or rating in a manner prohibited by law.
6. User Content, Ownership, and License
6.1 User Content. “User Content” means reviews, ratings, photographs, profile information, taglines, comments, messages submitted for publication, and other material that a user uploads, posts, submits, transmits, or otherwise makes available through the Service.
6.2 Your Ownership. As between you and Xaviers Reviews, you retain any ownership rights you have in your User Content. These Terms do not transfer ownership of your lawful User Content to Xaviers Reviews.
6.3 License to Operate the Service. By submitting User Content, you grant Xaviers Reviews a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to host, store, reproduce, format, adapt for technical display, publish, display, distribute, transmit, make available, and otherwise use that User Content as reasonably necessary to operate, secure, improve, promote, and provide the Service and its features. The license includes the right to display public User Content in search results, professional profiles, promotional examples, and other Service-related contexts, subject to the Privacy Policy and applicable law.
6.4 Scope and Duration. The license continues for so long as reasonably necessary for the purposes described above. If User Content is deleted during an available user-facing deletion window, removed by Xaviers Reviews, restricted in response to a valid privacy or legal request, or otherwise made unavailable, copies may persist for a reasonable period in backups, security or fraud-prevention records, legal holds, or content that has already been lawfully shared or incorporated into public review histories, to the extent permitted by applicable law and the Privacy Policy.
6.5 User Representations. You represent and warrant that you have the rights and permissions necessary to submit and license your User Content; your submission and our permitted use will not knowingly violate another person’s copyright, trademark, privacy, publicity, contractual, or other rights; and your User Content complies with these Terms and applicable law.
6.6 Feedback. If you voluntarily provide product ideas, feature suggestions, or operational feedback about the Service that is not a consumer review protected by law, Xaviers Reviews may use that feedback without restriction or compensation, provided we do not claim ownership of consumer review content in a manner prohibited by applicable law.
7. Xaviers Reviews Intellectual Property
7.1 Platform Materials. The Service, including its software, source and object code, databases, page layouts, user interfaces, design elements, selection and arrangement of content, XR numbering systems, text created by Xaviers Reviews, graphics, logos, trademarks, service marks, and other proprietary materials, is owned by or licensed to Xaviers Reviews and is protected by applicable intellectual property laws.
7.2 Limited Permission. Subject to these Terms, Xaviers Reviews grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for its intended lawful purposes. No other rights are granted by implication, estoppel, or otherwise.
7.3 Restrictions. Except as expressly permitted, you may not copy, reproduce, republish, sell, license, distribute, reverse engineer, decompile, disassemble, create derivative works from, frame, mirror, scrape, harvest, commercially exploit, or systematically extract the Service or its proprietary materials without prior written authorization, except to the extent a restriction is prohibited by applicable law.
7.4 Trademarks. “Xaviers Reviews,” associated logos, and other brand identifiers may not be used in a manner that suggests sponsorship, endorsement, affiliation, or source without authorization.
8. Acceptable Use and Prohibited Activities
You agree not to use the Service to engage in unlawful, fraudulent, abusive, deceptive, harmful, or unauthorized conduct. Without limiting that obligation, you may not:
- impersonate another person or entity, misrepresent affiliation, or create deceptive or fraudulent accounts;
- submit fake reviews, manipulated ratings, fabricated profile information, or content you know is materially false or misleading;
- harass, stalk, threaten, intimidate, dox, exploit, discriminate against, or unlawfully invade the privacy of another person;
- upload malware, malicious code, or material designed to disrupt, damage, monitor, or obtain unauthorized access to systems or data;
- circumvent access controls, rate limits, authentication measures, security features, or other technical restrictions;
- use scraping, bots, crawlers, scripts, automated extraction, or data-harvesting tools except with our written authorization or as permitted by law;
- collect or use profile information for unlawful discrimination, harassment, stalking, identity theft, spam, unauthorized background screening, or another purpose inconsistent with the Service;
- sell, rent, sublicense, or commercially exploit user profiles, reviews, account data, or compiled Service data without authorization;
- interfere with or degrade the Service, overload infrastructure, probe vulnerabilities without authorization, or attempt unauthorized access;
- use the Service to violate intellectual property, privacy, publicity, consumer protection, employment, anti-discrimination, or other applicable laws; or
- assist or encourage another person to do any of the foregoing.
Xaviers Reviews may use reasonable technical and administrative measures to detect or address prohibited activity, but we do not guarantee that all violations will be detected or prevented.
9. Memberships, Subscriptions, and Payment
9.1 Paid Memberships. Xaviers Reviews currently offers a paid professional membership at $3.99 per month. Features, benefits, eligibility criteria, and any future pricing changes will be described on the Service or at checkout. The checkout page will state whether the membership is offered on an automatically renewing or recurring basis and any applicable billing terms. The terms displayed at checkout are incorporated into these Terms for the applicable purchase.
9.2 Recurring Billing. If a membership is identified at checkout as automatically renewing or recurring, it will renew at the stated billing interval until canceled in accordance with the cancellation instructions presented at purchase, in the account, or otherwise made available by Xaviers Reviews. Before charging a recurring payment, Xaviers Reviews will provide disclosures and obtain consent as required by applicable law.
9.3 Billing Authorization. By purchasing a paid membership, you authorize Xaviers Reviews and its payment processor to charge the payment method you provide for amounts disclosed at checkout, including recurring charges where you have agreed to automatic renewal, plus applicable taxes or fees disclosed to you.
9.4 Stripe. Stripe is responsible for securely processing and retaining the underlying payment-card information used for subscription payments and refunds. Xaviers Reviews does not store users' full payment-card details. Xaviers Reviews maintains only the limited subscription, transaction, billing, and refund-related information made available by Stripe that is reasonably necessary to identify and manage membership status, payments, refunds, and related Service functionality. Submit payment details through the payment interface, not in a public profile, review, or email to Xaviers Reviews.
9.5 Failed Payments. If a payment fails, is reversed, is charged back, or cannot be processed, we may retry the payment as permitted, request an updated payment method, restrict paid features, downgrade the account, suspend the membership, or terminate paid access after any notice required by law.
9.6 Taxes. You are responsible for taxes associated with a purchase except taxes imposed on Xaviers Reviews’ net income, unless applicable law requires a different allocation.
10. Complimentary, Promotional, and Free Memberships
10.1 Complimentary Memberships. Xaviers Reviews may grant complimentary or free professional memberships in its discretion. A complimentary membership may have different features, limitations, duration, or eligibility requirements than a paid membership and has no cash value unless expressly stated otherwise.
10.2 Changes or Withdrawal. Unless Xaviers Reviews expressly promises a fixed term in writing, a complimentary or promotional membership may be modified, limited, converted to another plan, or discontinued prospectively. We will not impose a paid recurring charge merely because complimentary access ends unless the user separately receives required disclosures and affirmatively agrees to the paid terms. If a Professional no longer has paid or complimentary membership access, the Professional profile will move to the Not Active status described in Section 16.1.
10.3 Trials and Promotions. If we offer a free trial or promotional price that converts to a paid subscription, the duration, post-trial price, recurring nature of the subscription, and cancellation method will be disclosed before the user is charged, and any reminder or renewal notice required by applicable law will be provided.
11. Cancellation, Refunds, and Changes to Subscriptions
11.1 Cancellation. You may cancel a recurring membership using the cancellation method made available through the Service, account settings, or another method stated in the applicable offer or acknowledgment. You may also contact us using Section 27 for cancellation assistance. Where applicable law requires online cancellation, Xaviers Reviews will provide a compliant online method; contact assistance does not replace that requirement. A valid cancellation stops future renewals. If a Professional has no remaining paid or complimentary membership access, the Professional profile will become Not Active as described in Section 16.1. Cancellation does not delete the Professional's account or account data.
11.2 Effective Time. Unless the applicable offer states otherwise or law requires a different result, paid access continues until the end of the then-current paid billing period after cancellation. If a cancellation or refund will end paid access earlier, we will explain that effect before it is completed. The timing of the end of paid access does not limit the full-refund policy in Section 11.3.
11.3 Full Refunds. Xaviers Reviews offers full refunds for paid subscriptions. Refunds are processed through Stripe to the original payment method used for the subscription payment being refunded. A full refund returns the full amount of that subscription payment rather than a prorated credit for unused time or a credit toward future Service use.
To request a refund or obtain assistance, contact us using Section 27 or any refund-request mechanism made available through the Service. Identify your account and the subscription payment or payments concerned so we can locate the transaction. Please also specify whether you wish to cancel future renewals. Do not send passwords or full payment-card details by email.
The time for a refund to appear in your account depends on Stripe and your bank or payment provider. If a refund cannot be completed through the original payment method, contact us so we can arrange a lawful resolution. Nothing in these Terms limits any additional refund or cancellation right required by applicable law.
11.4 Price and Material Changes. We may change prices or other material subscription terms prospectively. We will provide advance notice, renewal notices, fee-change notices, or renewed consent when required by applicable law. Continued charging under materially changed terms will occur only as permitted by law and the applicable offer. A later change will not retroactively reduce refund rights applicable to payments already made.
11.5 Chargebacks. If you dispute a charge, please contact Xaviers Reviews so we can investigate. Knowingly initiating a fraudulent chargeback may result in suspension or termination. This does not limit rights provided by your card issuer, payment network, or law.
12. Third-Party Services, Links, and Integrations
12.1 Service Providers. The Service may depend on third-party providers for payment processing, hosting, infrastructure, database or storage functions, authentication, communications, analytics, security, advertising, customer support, or other operational functions. We may replace providers or change technical tools as the Service develops. Any handling of personal information remains subject to the Privacy Policy, applicable law, and required notices and choices; a change in provider does not itself authorize an undisclosed use of personal information.
12.2 Independent Terms. Third-party products, services, websites, or links may be subject to separate terms and privacy policies. Xaviers Reviews does not control and is not responsible for a third party’s independent services, content, security, availability, or data practices except to the extent applicable law provides otherwise.
12.3 No Third-Party Beneficiary Status. The inclusion of a third-party service or link does not, by itself, imply endorsement, partnership, agency, or sponsorship.
13. Advertising, Sponsored Content, and Promoted Placements
13.1 Advertising Features. Xaviers Reviews may display advertising, sponsorships, promoted profiles, featured placements, or other commercial content, including on search results, profile pages, or the homepage. The availability, format, and providers for such features may change.
13.2 Identification. Where required by law or necessary to avoid deception, paid or sponsored content will be identified in a reasonably clear manner. Advertisers and sponsors are responsible for the truthfulness and legality of their own claims and offers.
13.3 No Endorsement. Advertising on the Service does not mean Xaviers Reviews endorses or guarantees the advertiser, product, service, employer, venue, or offer. Transactions between users and advertisers are generally between those parties unless Xaviers Reviews expressly states otherwise.
13.4 Advertising Data. Advertising or measurement technologies may involve collection or disclosure of device, usage, cookie, or similar information. Any such practices will be addressed in the Privacy Policy and through legally required choices when implemented.
14. Future Job Board and Employment-Related Features
14.1 Future Features. Xaviers Reviews may later offer hospitality-industry job listings, employer or business accounts, recruiting-related tools, candidate discovery, or similar features. Those features may be subject to supplemental terms before launch.
14.2 No Employer or Employment Agency Relationship. Unless expressly stated in a separate written agreement, Xaviers Reviews is not the employer, staffing agency, recruiter, agent, or representative of a professional, applicant, employer, or business using the Service. We do not make employment decisions on behalf of users.
14.3 No Employment Guarantee. Xaviers Reviews does not guarantee that a listing is accurate, lawful, current, or available; that a user is qualified; that an employer will interview, hire, retain, or compensate any person; or that a professional will accept or perform employment.
14.4 User Compliance. Employers and professionals remain responsible for compliance with applicable employment, wage and hour, anti-discrimination, immigration, background-check, licensing, tax, and workplace laws. Xaviers Reviews may restrict listings or accounts that appear unlawful, deceptive, discriminatory, or unsafe.
15. Platform Role; No Endorsement or Verification Guarantee
15.1 Information Platform. Xaviers Reviews provides a platform through which users may create profiles, find professionals, view or submit reviews, and use related features. Except where expressly stated, Xaviers Reviews does not provide the hospitality services being reviewed and is not a party to interactions between a customer and a hospitality professional or workplace.
15.2 No Endorsement. A profile, rating, review, search placement, saved-professional feature, XR number, verification indicator, advertisement, or other display does not constitute a guarantee or endorsement by Xaviers Reviews of a professional’s identity, employment, qualifications, licensure, reputation, performance, character, availability, or suitability.
15.3 Independent Verification. Users should exercise independent judgment and verify information important to their decisions. Reviews reflect the views of their authors, not necessarily the views of Xaviers Reviews.
15.4 No Background Screening. Unless a feature expressly states otherwise, Xaviers Reviews does not represent that it performs criminal, employment, licensing, identity, or other background screening. Users must not treat profile or review information as a consumer report or use it for a purpose regulated by the Fair Credit Reporting Act unless Xaviers Reviews expressly offers a compliant service for that purpose.
16. Suspension, Restriction, and Termination
16.1 Professional Membership Status; Not Active Profiles; No Self-Service Account Deletion. The current launch does not provide a separate user-facing account deactivation or account deletion feature, and routine account deletion is not available through the Admin Panel. If a Professional cancels a paid subscription or otherwise loses paid or complimentary membership access, the account and existing information remain in the system and the Professional profile is marked "Not Active." While Not Active, the Professional may continue to appear in search results with a Not Active designation, but users cannot open the full Professional profile, submit new reviews, or add new Favorites. Existing reviews remain in the system, and an existing Favorite created before the profile became inactive may remain visible to the User who previously saved it. The Professional may continue to access the account or dashboard and may restore full profile functionality by obtaining eligible membership access again. Existing Favorites, the XR number, profile information, reviews, subscription or invoice records maintained by the Service, and account or login information are not deleted merely because the profile becomes Not Active. A User may submit a privacy request under the Privacy Policy, and where applicable law requires deletion, restriction, or another action after appropriate verification, Xaviers Reviews will take reasonable steps to process the request using available administrative or technical methods, subject to lawful exceptions and retention rights.
16.2 Xaviers Reviews Enforcement. We may warn, restrict features, reduce visibility, suspend, or terminate an account or access to the Service when we reasonably believe a user has violated these Terms, engaged in fraud or manipulation, created security or legal risk, failed to pay amounts due, abused users or staff, or where continued access would materially threaten the integrity or operation of the Service.
16.3 Immediate Action. We may act without advance notice where reasonably necessary to prevent fraud, abuse, manipulation, security incidents, legal violations, harm to users, or interference with the Service. Where applicable law requires notice or an opportunity to cure, we will provide it.
16.4 Effect of Termination. Upon termination, the right to use the Service ends except for rights that by their nature survive. Termination does not eliminate refund rights under Section 11.3 or applicable law. Accrued payment obligations, content licenses to the extent stated, intellectual property protections, disclaimers, limitations of liability, indemnification obligations, dispute provisions, and general provisions survive as applicable.
17. Privacy and Electronic Communications
17.1 Privacy Policy. The Privacy Policy explains how Xaviers Reviews collects, uses, discloses, and otherwise handles personal information and is incorporated into these Terms by reference.
17.2 Electronic Communications. By using the Service, you consent to receive service-related communications electronically, including account notices, security messages, transaction confirmations, subscription notices, policy updates, moderation communications, and other communications reasonably necessary to administer the Service. Xaviers Reviews does not currently plan to send promotional or marketing email communications. If marketing communications are introduced later, they will be handled in accordance with applicable law and available opt-out rights.
17.3 SMS and Automated Telephone Communications. Xaviers Reviews does not currently offer or plan to use SMS or automated telephone communications as part of the initial Service. If text messaging, telephone automation, or similar communications are introduced later, Xaviers Reviews will provide any additional disclosures and obtain any consents required by applicable law.
18. Copyright Complaints and DMCA Process
18.1 Copyright Respect. Xaviers Reviews respects intellectual property rights and responds expeditiously to notices that substantially comply with the Digital Millennium Copyright Act (“DMCA”). Our policy is to terminate, in appropriate circumstances, accounts of repeat copyright infringers. We may also remove or disable access to material when appropriate under these Terms or applicable law.
18.2 DMCA Notices. If you believe material on the Service infringes your copyright, send a written notice to the designated copyright agent listed below. Under 17 U.S.C. § 512(c)(3), the notice must substantially include: (a) your physical or electronic signature as the copyright owner or an authorized representative; (b) identification of the copyrighted work, or a representative list if multiple works are involved; (c) identification of the challenged material and sufficient information to locate it, such as a specific URL; (d) your address, telephone number, and email address, if available; (e) a good-faith statement that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the notice is accurate and, under penalty of perjury, that you are authorized to act for the owner of the exclusive right allegedly infringed.
18.3 Counter-Notices. If material is removed or disabled following a DMCA notice and you believe the removal resulted from mistake or misidentification, you may send a written counter-notice to the designated copyright agent. The counter-notice must substantially include: (a) your physical or electronic signature; (b) identification of the removed material and its former location; (c) a statement under penalty of perjury that you have a good-faith belief the removal resulted from mistake or misidentification; (d) your name, address, and telephone number; and (e) consent to the jurisdiction of the federal district court for the district where your address is located, or, if your address is outside the United States, any judicial district where Xaviers Reviews may be found, and acceptance of service from the original complainant or that person’s agent.
We will take reasonable steps to notify the submitting user promptly of a DMCA removal. If we receive a valid counter-notice, we will promptly forward it to the original complainant and notify that person of the proposed restoration. Subject to 17 U.S.C. § 512(g), restoration occurs no sooner than ten and no later than fourteen business days after receipt of the counter-notice unless our agent receives notice of a filed action seeking a court order to restrain the alleged infringement. An independent violation of these Terms may provide a separate basis to restrict the material.
Notices and counter-notices may be shared with the affected parties, including contact information reasonably necessary to administer the process. Knowingly making a material misrepresentation in a notice or counter-notice may result in liability under 17 U.S.C. § 512(f). Use Section 5.3, rather than the copyright process, for an ordinary review complaint that does not involve copyright infringement.
Designated Copyright Agent: Nieko Xavier Wadley
DMCA Email: niekowadley@yahoo.com
DMCA Mailing Address: 6675 S Custer, Suite 500McKinney, TX 75070, United States
DMCA Telephone: 972-891-0717
Copyright Office Reference: DMCA-1080079
The Copyright Office reference identifies the submitted agent designation; it is not a registration of copyright in the Service or its content. Any safe-harbor protection depends on satisfying the applicable statutory conditions, including an effective agent designation, accurate public contact information, and the required notice-and-takedown practices. A reference number alone does not establish active registration or guarantee protection.
19. Disclaimers of Warranties
19.1 As-Is Service. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” XAVIERS REVIEWS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, EXCEPT TO THE EXTENT A DISCLAIMER IS PROHIBITED BY LAW.
19.2 No Reliability Guarantee. Xaviers Reviews does not warrant that the Service will be uninterrupted, secure, error-free, or always available; that all content will be accurate, complete, current, or authentic; that all misconduct or fake reviews will be detected; or that a user will achieve any particular professional, reputational, employment, advertising, or commercial result.
19.3 User Content. Reviews, ratings, profile statements, photographs, workplace information, and other User Content are supplied by users or other sources and may be inaccurate, incomplete, disputed, offensive, or outdated. Users assume responsibility for evaluating such information.
19.4 Third Parties. Xaviers Reviews makes no warranty regarding third-party payment processors, advertisers, links, employers, venues, service providers, or other third-party offerings.
20. User-Generated Content and Section 230
20.1 Third-Party Content. To the extent applicable, Xaviers Reviews is an interactive computer service with respect to information provided by another information content provider. Federal law, including 47 U.S.C. § 230, may limit claims that seek to treat an interactive computer service as the publisher or speaker of information supplied by another person.
20.2 No Expansion of Immunity. These Terms do not create immunity where the law does not provide it, do not eliminate obligations arising from content created or materially developed by Xaviers Reviews, and do not waive statutory exceptions or other non-waivable rights. Xaviers Reviews reserves all defenses and protections available under applicable law.
20.3 Moderation Does Not Create Liability. To the extent permitted by law, Xaviers Reviews’ decision to review, restrict, label, remove, leave available, organize, or decline to act on User Content does not, by itself, make Xaviers Reviews the author of that content or create an assumption of liability for it.
21. Limitation of Liability
21.1 Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XAVIERS REVIEWS AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, THE “COVERED PARTIES”) WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL, REPUTATIONAL HARM, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
21.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF XAVIERS REVIEWS AND THE COVERED PARTIES FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO XAVIERS REVIEWS FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100).
21.3 Mandatory Rights and Carve-Outs. The exclusions and cap do not apply to the extent prohibited by law. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you. Nothing limits liability that cannot lawfully be limited, including liability resulting from conduct for which applicable law prohibits limitation. These limitations do not reduce our obligation to return subscription payments refundable under Section 11.3 or applicable law.
22. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Xaviers Reviews and its owners, affiliates, officers, directors, employees, contractors, and agents from third-party claims, liabilities, losses, judgments, damages, penalties, and reasonable costs and attorneys’ fees arising from or relating to: (a) your User Content; (b) your material breach of these Terms; (c) your unlawful, fraudulent, or abusive use of the Service; or (d) your infringement or violation of another person’s rights. Xaviers Reviews will provide reasonable notice of a covered claim and may control the defense and settlement, provided we will not agree to a settlement that imposes a non-monetary obligation on you without your consent unless necessary to protect the Service or comply with law. This section does not require a consumer to indemnify Xaviers Reviews for Xaviers Reviews’ own unlawful conduct to the extent such indemnification is prohibited.
23. Release Regarding User Interactions
To the maximum extent permitted by law, you are responsible for your interactions and disputes with other users, professionals, workplaces, advertisers, employers, and third parties. You release Xaviers Reviews from claims arising solely from such third-party interactions to the extent Xaviers Reviews is not legally responsible for the underlying conduct. This release does not waive claims based on Xaviers Reviews’ own conduct where such claims cannot lawfully be waived.
24. Changes to the Service and These Terms
24.1 Service Changes. We may add, remove, modify, suspend, or discontinue features or content as the Service evolves. We may also establish reasonable usage limits, security controls, or eligibility requirements. If a change materially affects a paid subscription, we will provide any notice or remedy required by applicable law or the applicable offer.
24.2 Terms Changes. We may update these Terms from time to time. The revised Terms will identify a new effective date and will be posted or otherwise made available. If law requires additional notice or affirmative consent for a material change, we will provide it. Continued use after the effective date of an update constitutes acceptance only to the extent permitted by law.
25. Governing Law and Dispute Resolution
25.1 Governing Law. These Terms and disputes arising out of or relating to them or the Service will be governed by the laws of the State of Texas, without regard to conflict-of-laws principles, except that federal law governs federal questions and mandatory consumer-protection laws may apply regardless of this choice.
25.2 Informal Resolution. Before filing a civil action, a party should provide the other party with a reasonably detailed written notice of the dispute and a good-faith opportunity of at least thirty (30) days to attempt informal resolution, unless urgent injunctive relief, a statutory deadline, or another circumstance makes delay unreasonable.
25.3 Venue. Subject to any mandatory law providing otherwise, the state courts located in Collin County, Texas, and the federal courts having jurisdiction over Collin County, Texas, will have exclusive jurisdiction over disputes that are not resolved informally. Each party consents to personal jurisdiction and venue in those courts to the extent permitted by law.
25.4 Small Claims and Equitable Relief. Nothing prevents an eligible party from bringing an individual matter in small claims court where permitted. Either party may seek temporary or preliminary injunctive relief when reasonably necessary to protect intellectual property, security, confidential information, or prevent imminent unlawful conduct.
25.5 No Mandatory Arbitration. These Terms do not require mandatory arbitration. Unless you and Xaviers Reviews separately agree otherwise in a legally effective agreement, disputes subject to Section 25.3 will be resolved in court, subject to applicable law.
26. General Provisions
26.1 Entire Agreement. These Terms, the Privacy Policy, and any applicable supplemental terms form the entire agreement between you and Xaviers Reviews concerning the Service and supersede prior or contemporaneous understandings concerning the same subject matter.
26.2 Severability. If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will remain in effect.
26.3 Waiver. A failure to enforce a provision is not a waiver of the right to enforce it later. A waiver is effective only for the specific instance and purpose for which it is given.
26.4 Assignment. You may not assign or transfer these Terms or your account without our prior written consent. Xaviers Reviews may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of the Service, subject to applicable law.
26.5 No Third-Party Beneficiaries. Except for persons expressly protected by the indemnity and limitation provisions, these Terms do not create third-party beneficiary rights.
26.6 Force Majeure. Xaviers Reviews is not responsible for delay or failure caused by events beyond its reasonable control, including outages, acts of government, labor disruptions, natural disasters, public-health events, war, terrorism, cyberattacks, utility failures, or failures of third-party infrastructure, except where law provides otherwise.
26.7 Headings and Construction. Headings are for convenience only. “Including” means “including without limitation.” The singular includes the plural and vice versa where context requires. These Terms will not be construed against a party merely because that party drafted them.
26.8 Survival. Provisions that by their nature should survive termination survive, including intellectual property, content licenses as stated, accrued payment obligations, disclaimers, limitation of liability, indemnification, dispute provisions, and general provisions.
27. Contact Information
Questions about these Terms, account issues, subscriptions, or legal notices may be directed to Xaviers Reviews using the contact information below:
Operator Legal Name: Nieko Xavier Wadley
Email: xrnotifications@gmail.com
Mailing Address: 6675 S Custer, Suite 500McKinney, TX 75070, United States
