The Terms of Service (“TOS”) are entered into by and between you and XCVI LLC (“XCVI”). Your use of the XCVI websites constitutes your agree with the TOS and you will be bound by the TOS Agreement. It is important that you take the time to read the TOS carefully. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantitiespurchased per person, per household or per order. These restrictions may include orders placed by or under thesame customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In theaddress/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that,in our sole judgment, appear to be placed by dealers, resellers or distributors.
SITE MODIFICATION OR CHANGES
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service,content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use ofthe Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or allusers of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspensionor discontinuance of the Sites, or any service, content, feature or product offered through the Sites.
All design and content featured on the our website, including the text, images, photographs, graphics, logos,illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, arereferred to collectively as the “Content”, and are copyrights, trademarks, trade dress, and/or intellectual property thatare owned, controlled, or licensed by XCVI. This website in its entirety is protected by copyright and applicable tradedress. The Content may contain errors, omissions, or typographical errors or may be out of date. We may change,delete, or update any Content at any time and without prior notice. The Content is provided for informational purposesonly and is not binding to us in any way except to the extent it is specifically indicated to be so. You may view anduse the Content only for your personal, noncommercial use, and for shopping and ordering on our website, and for noother purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in theforegoing, XCVI does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display,publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or processwhatsoever, now known or hereafter developed, any of the Content on or transmitted through our website, includingwithout limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storagemedium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permittedin the Content or in writing signed by XCVI, is strictly prohibited.
Availability of merchandise may vary at XCVI.com. Some featured items may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display on XCVI.com. Display of an item on XCVI.com is not a guarantee that the item is currently in stock or that it will be available on our website when you visit again. If you are unable to locate a particular item on our website, please contact our Customer Service at 1-888-396-5931. We will make every effort to fulfill your requests whenever possible.
XCVI makes every reasonable effort to display its merchandise on XCVI.com as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen.
ERRORS, INACCURACIES, OR OMISSIONS
XCVI uses reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability and other matters. We make no warranties or representations regarding the accuracy of such information and will not be bound thereby. We reserve the right to correct any errors and to update Site information at any time (including after you have submitted your order). We apologize for any inconvenience this may cause you.
Prices displayed on XCVI.com are quoted in U.S. currency and are valid and effective only in the United States. Prices are subject to change at any time. We will add shipping and handling fees and applicable sales/use tax as necessary.
When you use the Site, it shall be your sole responsibility to maintain the confidentiality of your password and any other account identifiers related to any personal account you created on the Site (the “Account”), and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account.
LINKED THIRD PARTY SITES
Links to other Internet websites operated by third parties, including XCVI vendors, do not constitute sponsorship,endorsement, or approval by XCVI of the content, policies, or practices of such linked sites. Linked sites are notoperated, controlled, or maintained by XCVI, and XCVI is not responsible for the availability, content, security,policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites areprovided for your convenience only, and you access them at your own risk.
XCVI MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE XCVIWEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION ANDMATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT,INFORMATION AND MATERIALS. XCVI ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESSTO OR USE OF THE XCVI WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORSOR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT XCVI OR ANY LINKED SITE IS FREE OFCOMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALLCONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANYKIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLELAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING,COURSE OF PERFORMANCE OR USAGE OF TRADE. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLYMADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE XCVI WEBSITE.Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the aboveexclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion ofimplied warranties.
You agree to defend, indemnify, and hold harmless XCVI, its subsidiaries and affiliates, XCVI’s vendors, and each oftheir affiliates and related entities and their respective directors, officers, employees, and agents from and against allclaims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs),arising out of or relating to (i) your violation of these Terms, (ii) any allegation that any information on materialsubmitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your account.
All disputes in any manner relating to or arising out of this Agreement shall be resolved through binding arbitration under the auspices of the American Arbitration Association, or such other arbitration association as the parties may agree. The decision or award of the arbitrator shall be binding upon the parties and shall be enforceable by a judgment entered in a court having jurisdiction. In the event that the arbitrator determines there is a prevailing party in the arbitration, the prevailing party shall recover from the other party all costs of arbitration, including all reasonable attorneys’ fees incurred by the prevailing party. Notwithstanding the foregoing, this provision shall not be construed to limit a party’s right to seek preliminary or permanent injunctive relief in any court of competent jurisdiction. ANY AND ALL PROCEEDINGS WILL BE GOVERNED IN THE STATE OF CALIFORNIA UNLESS PARTIES AT THE TIME OF CONTRACT AGREE OTHERWISE.
CHOICE OF LAW
This agreement is governed by and construed in accordance with the laws of the State of California, U.S.A., withoutregards to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of any state or federal courtlocated in the county of Los Angeles, state of California, U.S.A., and waive any jurisdictional, venue or inconvenientforum objections to such courts.
XCVI reserves the right to immediately terminate this agreement and/or your access to and use of the XCVI website or any portion thereof, at any time and for any reason, with or without cause. XCVI shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the XCVI website shall immediately cease.