Terms and Conditions:
XLR8 is responsible for the maintenance of this website. For the sake of brevity, “we,” “us,” and “our” will refer to XLR8 throughout the website. All content, features, and services included or offered through the XLR8 website are offered subject to your acceptance without modification of the terms, conditions, policies, and notices contained herein.
You are agreeing to all of the following terms and conditions (“Terms of Service”, “Terms”), including those other terms and conditions and policies that are linked herein and/or available via hyperlink, when you visit our site and/or purchase something from us. All visitors, sellers, buyers, merchants, and content providers are subject to the same Terms of Service.
Please take the time to read our Terms of Service thoroughly before using our website. By browsing or using the site in any way, you accept these terms and conditions in full. This agreement sets forth the terms and conditions that must be met before you may use this website or any services provided within. These Terms of Service constitute an offer, and if accepted, can only be fulfilled according to their terms.
Any updates or additions to the present store, such as new features or tools, shall likewise be subject to the Terms of Service. The current version of the Terms of Service is always available on this page for your perusal. We may at any time and in our sole discretion revise, alter, or replace any portion of these Terms of Service by publishing the revised terms and conditions on our site. You must verify this page for updates on a regular basis. If you continue to use or access the site after any changes have been posted, you will be deemed to have accepted the changes.
PART I: TERMS AND CONDITIONS FOR THE ONLINE STORE
You affirm that either you are at least the legal age of majority in your jurisdiction to enter into this Agreement and to use our Services, or that you are at least the legal age of majority in your jurisdiction to enter into this Agreement and to give us your consent to allow any of your minor dependents to use our Services.
Our products may not be used in any way that is contrary to local law, and neither may the Service itself be used in a way that is illegal (including but not limited to copyright laws).
You may not disseminate any malicious software, including but not limited to computer worms, viruses, and other similar programs.
Any Services you have with us will be immediately canceled if you break or violate any of the Terms.
CONDITIONS THAT APPLY TO EVERYONE, IN GENERAL (SECTION 2)
Please understand that we have the right to refuse service to anyone at any time for any reason.
You agree that (a) the technical processing and transmission of your content (not including credit card information) may be transmitted unencrypted and (b) the technical processing and transmission of your content may be altered to conform and adapt to technical requirements of connecting networks or devices. Whenever a credit card number is sent over the internet, it is encrypted.
Without our express written consent, you may not reproduce, duplicate, replicate, sell, resell or exploit any component of the Service, use of the Service, or access to the Service, including any contact on the website through which the service is given.
All section and paragraph headings herein are for reference purposes only and shall not in any way limit or otherwise affect these Terms.
Third Section: Data Integrity (Correctness, Completeness, and Availability)
If something on this site isn’t right, complete, or up-to-date, it’s not our fault. Please do not accept the information presented here as the only basis for making important decisions without first confirming the data with other authoritative, up-to-date, and comprehensive sources. You should not place any trust on the content presented here.
There’s a chance that this website contains archival materials. Information from the past is presented here for illustrative purposes only and should not be relied upon as being up-to-date. While we may choose to, at our discretion, update certain sections of the site, we make no promises to do so. It is understood that it is your duty to check for updates to our site.
Changes to Service and Fees (Section 4)
Any of our product prices can change at any time.
Without prior warning, we may alter or stop providing the Service, in whole or in part, at any time.
You agree that we have no responsibility to you or any third party if we decide to make any changes to the Service, including but not limited to changing the pricing or suspending or canceling the Service altogether.
PRODUCTS AND SERVICES SECTION (IF APPLICABLE)
The website may be the sole distribution channel for some goods and services. There may be a restricted number available, and returns or exchanges will only be accepted if they fall within the parameters of our Return Policy.
The colors and photos of our products that show at the store have been displayed with the greatest care. The accuracy of the colors you see on your screen depends on your monitor, which we cannot ensure.
We may, but are under no obligation to, restrict the sale of our products or Services to any individual, geographic area, or legal jurisdiction. On a case-by-case basis, we reserve the right to do so. Any items or services that we provide may have their production or distribution numbers restricted. Any and all information we provide on our site, including but not limited to product descriptions and prices, is subject to change at any moment without prior notice. We may at any time decide to no longer offer a certain product. This website’s offers for any goods or services are not valid in any jurisdiction in which they would be deemed illegal.
The quality of any items, services, information, or other material acquired or accessed by you through the Service is not guaranteed, nor is the correction of any inaccuracies in the Service guaranteed.
Accurate billing and account details are addressed in Section 6.
Any order you place with us may be rejected at our discretion. We reserve the right to set purchase limits on items and/or refuse orders based on shipping address details. Certain orders, such as those placed by or under the same customer account, the same credit card, and/or the same billing and/or delivery address, may be subject to these limitations. We may use the e-mail and/or billing address/phone number given at the time of order placement to contact you in the event that we need to make any changes to or cancel your transaction. The company has the authority to reject or cancel any order that looks like it was placed by a dealer, reseller, or distributor.
You promise that any and all purchase and account information you give us will always be true, complete, and accurate. You agree to keep your account information, such as your email address, credit card numbers and expiration dates, and other details, current and accurate at all times so that we can more easily execute your purchases and contact you as necessary.
Read our Money-Back Guarantee for more information.
Optional Resources Section 7
Some of the resources available to you on our site are provided by outside parties over which we have no control or input.
You understand and agree that we offer these resources “as is” and “as available” without any representations, guarantees, or conditions of any kind, and without any endorsement. Using optional third-party technologies will not subject us to any responsibility or liability.
You agree to use any supplementary tools made available through the Site at your own risk and sole discretion, and to review and agree to the applicable third party provider’s terms of service prior to using any such supplementary tools (s).
In the future, we may also provide additional features and/or services via the website (including, the release of new tools and resources). These Terms of Service apply equally to any new features or services that may be added in the future.
THIRD PARTY LINKS (SECTION 8)
Third-party materials may be used in some of the content, goods, and services we make available through our Service.
There are links on this site that will take you to other websites that we have no control over. We shall not be held liable for, or accountable for, the accuracy or completeness of any materials or websites, or for any other materials, products, or services, that originate from a third party.
In no event will we be responsible for any loss or damage of any kind incurred as the result of your use of, or inability to use, any third-party website, or any products, services, resources, material, or other transactions that you engage in on or through any such site. Before entering into any transaction with any third party, you should make sure you completely grasp their policies and procedures. If you have any claims, issues, or questions about a product sold by a third party, please contact that vendor directly.
User comments, feedback, and submissions are collected in Section 9.
By submitting content to us via any of the following methods (online, email, postal mail, or otherwise) (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. This includes, but is not limited to, contest entries and other submissions we specifically request (such as contest entries). We are not obligated to (1) treat any feedback as confidential, (2) pay any money in exchange for any feedback, or (3) provide any kind of response to any feedback.
We reserve the right (but are not obligated) to review submitted materials and to delete or modify any that we find to be illegal, offensive, threatening, defamatory, pornographic, obscene, or in violation of the intellectual property or other rights of any party.
You warrant that your comments will not infringe on the intellectual property, privacy, publicity, or other rights of any third party. You also promise that your feedback won’t be defamatory or contain any illegal, abusive, or obscene content, or any computer viruses or other malware that could compromise the functionality of the Service or any associated website. We will not accept comments from anyone who provides a fake email address, pretends to be someone other than themselves, or uses another e-mail account in an attempt to disguise their own identity. If you post something, you take full responsibility for its correctness. No remarks made by you or any other third party will be held responsible or accountable for any reason by us.
Paragraph 10: Identifying Details
The Privacy Statement applies to all information submitted by you through the online shop.
ERRORS, INACCURACIES, AND OMISSIONS
Products, their descriptions, prices, promotions, offers, shipping costs, delivery times, and availability are all subject to typographical mistakes, inaccuracies, and omissions that may appear on our site or in the Service from time to time. We reserve the right, at any time and without prior notice, to make improvements to the Service or any associated website and to correct any mistakes, inaccuracies or omissions in any portion of the Service or on any related website (including after you have submitted your order).
Except as required by law, we have no duty to revise, alter, or clarify any information contained within the Service or on any connected website, including, but not limited to, pricing information. You should not assume that any specific update or refresh date applied within the Service or on any associated website means that any and all information within the Service or on any associated website has been updated or modified as of that specific date.
PROHIBITED PURPOSE AND USE
You may not use the site or any content on the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. (a) for any obscene or immoral purpose; (b) for the purpose of inciting, racial, ethnic, religious, or political hatred; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; or (e) to stalk, exploit, threaten, or otherwise cause distress or inconvenience to any person or entity based on (a) If you are found to be using the Service or any associated website for any of the restricted purposes, we retain the right to immediately cancel your access to the Service.
Section 13: No Warranties; Limitation of Liability
We make no promises on the availability, timeliness, security, or error-free operation of our service.
We make no claims about the precision or dependability of any outcomes you may get from using our service.
You understand that we may suspend the Service for an unspecified duration or discontinue it altogether at any moment, with or without prior warning.
You acknowledge and accept that you use the service, or do not use the service, at your own risk. Except as otherwise specifically stated by us, you understand and agree that the Service and all products and services delivered to you through the Service are provided “as is” and “as available” without representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
For any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, in no event shall XLR8, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable. As a result, in those states and jurisdictions where such exclusion or limitation of responsibility for consequential or incidental damages is prohibited, our liability is restricted to the fullest extent permissible by law.
INDEMNIFICATION (Section 14)
As a condition of your use of the Service, you agree to indemnify, defend, and hold harmless XLR8 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law
Any provision of these Terms of Service that is found to be unlawful, void, or unenforceable shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, without invalidating or affecting the validity or enforceability of any other provision of these Terms of Service.
ARTICLE 16 – CANCELLATION
For all purposes, the obligations and liabilities of the parties hereto that accrued prior to the termination date shall survive the termination of this Agreement.
Until terminated by either you or us, these Terms of Service will remain in effect. In the event that you no longer wish to use our Services, you may cancel these Terms of Service at any time.
Furthermore, we reserve the right to immediately terminate this agreement without prior notice if you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Full Agreement, Section 17
Our inaction with respect to the exercise of, or failure to enforce, any right or provision of these Terms of Service, does not and will not act as a waiver of such right or provision.
All prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us regarding the Service are superseded by the terms and conditions and any policies or operating rules posted by us on this site or with respect to The Service (including, but not limited to, any prior versions of the Terms of Service).
The party who drafted these Terms of Service shall not be held legally liable for any ambiguities that may arise in their interpretation.
These Terms of Service and any individual agreements whereby we provide you with Services shall be governed by, and construed in conformity with, the laws of the State of.
Business Address: XLR8 Delta,
172 Center st
po box 2869
Changes to the Service Agreement are detailed in Section 19.
At any moment, you can come here and review the current version of the Terms of Service.
This Terms of Service may be revised, amended, or otherwise altered at any time at our sole discretion by updating this posting. Please remember that it is your duty to check our site for updates on a regular basis. By continuing to use or access our website or the Service after any changes to these Terms of Service have been posted, you agree to be bound by the revised Terms of Service.