The following terms of service and use (the “Terms”) govern your use of Raistone.com, invoiceXcel.com and app.invoiceXcel.com (collectively, the “Site”) and/or any of the services or platforms (the “Services”) offered by Raistone Capital LLC or its affiliates (collectively, “Raistone”) on and through our Site, including use of any the Site’s information and data, and participation in any public areas which may exist in the Site.
Please read the requirements of these Terms carefully. By using or accessing the Site and/or any of the Services, you acknowledge that you have read these Terms and that you accept and will be bound by these Terms.
Use of Site
Subject to your compliance with these Terms, Raistone grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make institutional or corporate use of the Site. This license does not include any resale of the Site, or its contents; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of a third party; or any use of data mining, robots, spiders, or similar data gathering and extraction tools.
You may not modify, distribute, publish, license, create derivative works from, transfer or sell any information or content contained on the Site. The Site may be used only as contemplated by these Terms. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability all as determined by applicable law. Information you submit through the Site shall not be deemed confidential, but Raistone agrees to use your information in accordance with Raistone’s Privacy Policy applicable to personal identifiable user data.
Charged Services
Some of the services offered on the Site may require the payment of fees, interest and other amounts (the “Charged Services”). These services are subject to separate agreements into which you must enter prior to participating in such service. If you elect to sign up for Charged Services, you shall pay all applicable amounts, in connection with such Charged Services selected by you. You authorize Raistone directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while registering for such Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to Raistone. Other amounts and the terms for payment of those amounts are described on specific pages as you progress through your registration (and from time to time thereafter).
Online security and Password Protection
You shall not give or make available passwords or other means of accessing the Site to any unauthorized individuals. If you give someone your password, you are authorizing that person to use the Site, and you are responsible for all transactions that person performs, even if you did not want them performed, and even if they are fraudulent. You must notify Raistone immediately upon any suspicion that a password has been lost or stolen or that someone has attempted or may attempt to use the Site without authorization. Raistone is not responsible for lapses in online security and does not assume liability for improper use of your information, including unauthorized use of the Site made using your password, by a third party.
Changes to Terms and Additional Rules of Usage
Raistone reserves the right, at any time and without prior notice, to modify, alter or update these Terms. The date of the most recent revision will appear on this page. Your continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to these Terms. Raistone also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.
Disclaimer
All information (hereinafter, the “Information”) posted on the Site is subject to change or removal without notice. Raistone may make changes to the materials, products, features and services available at the Site at any time without notice. Information, Services, and other material available through the Site are furnished “As Is”, “at Your Own Risk” and “As Available”, without any warranty whatsoever. Although Raistone has attempted to provide accurate Information on the Site, Raistone assumes no responsibility for the accuracy, merchantability or completeness of the Information, Services or other material on the Site. The Information and all other materials on the Site are provided for general information purposes only and do not constitute professional advice of any kind.
All other warranties, express or implied, including any warranties of merchantability, fitness for any particular purpose, or non-infringement of intellectual property are specifically excluded and disclaimed. Raistone does not warrant that the Information will meet your requirements and that the operation of the Services will be uninterrupted or error free, or that the Site or the server that makes it available are free of viruses or bugs.
Raistone obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on the Site should be construed to alter such agreements. The materials and Services at the Site may be out of date and Raistone makes no commitment to update the materials and Services on the Site.
Limitation of Liability
In no event will Raistone, its suppliers, or other third parties contracted by Raistone be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of the Site, any websites or other content linked to the Site, or any materials, information, product or service contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not Raistone has been advised of the possibility of such loss or damages. If your use of the materials, Information or Services from the Site results in the need for servicing, repair of correction of equipment or data, you assume all costs thereof. For the avoidance of doubt, you are responsible for maintaining and protecting all of the information provided, transmitted, uploaded, imported or made accessible by using the Site. Raistone will not be liable for any loss or corruption of such information, or for any costs or expenses associated with backing up or restoring any of such information.
Privacy Policy
In addition to reviewing these Terms, you should also review our Privacy Policy which is incorporated by reference into these Terms, to better understand how we collect and use personal information. Your use of the Site and the Services constitutes your agreement to its terms and conditions. View Privacy Policy
Provision of Services and Content
Raistone reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so desires, or as required by law.
Electronic Communications
When you visit the Site or e-mails us, you are communicating with us electronically. You consent to receive communications from Raistone electronically. Raistone will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or posted on the Site satisfy any legal requirement that such communications be in writing if such requirements are applicable.
Consent to Electronic Transactions and Disclosures
Because you are using the Internet on the Site, it is necessary for you to consent to transact business with us online and electronically. We also need you to consent to Raistone giving you certain disclosures electronically, either via the Site or to the email address you provide to us. By agreeing to the Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements—arising from or relating to your use of the Site and/or Services. Your consent to receive disclosures and transact business electronically. Your consent will remain in effect as long as you use the Site or and/or Services, if you no longer use the Site and/or Services, will continue until such a time as all disclosures relevant to transactions that occurred while you used the Site and/or Services have been made.
Links to Third-Party Websites and/or Third Party Software Products
Links on the Site to third-party websites are provided as a convenience to you. If you use these links or products, you might leave the Site. Some of the third party’s software products may require you to have, and actually be signed-in to, an active user account for such third party software product.
Raistone has not reviewed any of these third-party sites and/or the applications and/or software products and does not control and is not responsible and/or liable for any of these sites or their content. Thus, Raistone does not endorse or make any representations about them, or any information, software or other products or materials found on them, or any results that may be obtained from using them. If you decide to access any of the third-party websites and/or applications and/or software products linked to the Site, you do this entirely at your own risk and Raistone assumes no liability for such use.
Intellectual Property
The Site, all information and intellectual property referenced on the Site, including, without limitation, patents, copyrights, logos, trademarks and trade secrets are legally owned by Raistone or third parties. These rights apply to the Information, computer code of the Site, graphical design, products, company names, etc. All contents of the Site are protected by copyright and trademark rights, except as specifically permitted herein.
Ownership of the Site and Site Information
The Site is expressly owned and operated by Raistone. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (collectively, the “Site Information”), are owned by Raistone or its affiliates or are licensed by Raistone from third parties. The Site, each as a whole and in part, and the Site Information is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved and you shall abide by those laws. By furnishing Site Information, Raistone does not grant any licenses to or transfer any title rights for any copyrights, patents or any other intellectual property rights.
Site Availability
Raistone shall not be responsible for any disruption to the Site, regardless of length. Raistone will not be liable for losses related to your inability to access content due to disruptions of the Site. Raistone shall be excused from its performance of any obligations under these Terms which are prevented or interfered with due to acts or conditions beyond the reasonable control of Raistone.
Indemnification
You agree to indemnify Raistone and its affiliates, directors, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims, actions, liabilities, damages, and costs (including attorney’s fees) (collectively, “Claims”) which may arise from your unauthorized use of the Site, Services or Information obtained through use of the Site, your violation of any applicable federal, state and local laws and/or your breach of these Terms. Raistone reserves the right to assume the exclusive control of any such defense of any such Claim.
Jurisdiction and Governing Law
Raistone makes no representation that the content, the Information, or the Services offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the content, the Information, and the Services offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Those who access the Site from locations outside New York are responsible for compliance with applicable local laws. Any claim relating to the Site or use of the Site or the Services will be governed by and interpreted in accordance with the laws of the New York, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Site will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts in New York. You hereby agree to waive all defenses of lack of personal jurisdiction and forum and agree that process may be served in a manner authorized by applicable law or court rule. If any term or provision of these Terms are for any reason held to be invalid, such invalidity shall not affect any other term or provision, and these Terms shall be interpreted as if such term or provision had never been contained in the Terms.
Remedies
You agree that any unauthorized use of this Site or its contents or any breach of these Terms may cause Raistone immediate and irreparable harm for which money damages may not constitute an adequate remedy. You agree that we may, with or without cause, immediately terminate your access to this Site without prior notice. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms. You further understand that unauthorized use of this Site may expose you to civil and criminal liability and that we may report violations of these Terms to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.
Miscellaneous
You agree that no joint venture, partnership, employment or agency relationship exists between you and Raistone as a result of these Terms and/or your use of the Site. You may not assign any part of your rights and obligations under these Terms without Raistone’s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. The terms of these Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it.
General
Raistone may revise these Terms at any time by updating this page on the Site and in such event your continued use of the Site shall constitute your acceptance of such updated Terms. Accordingly, you should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Site.
You may contact Raistone at c/o Raistone Capital, LLC at the following address:
360 Madison Avenue, 22nd Floor
New York, NY 10017
Email: contact@raistone.com
These Terms are Effective as of: May 15, 2023