Our Sites are for general audience are not directed to toward children under the age of thirteen (13) years of age.
We like to hear from consumers about what they think about our brand, products and services and we encourage you to contact us. However, any customer feedback, comments, suggestions, ideas and other communications disclosed or offered to xyzonline on the Sites, email, phone support, postal mail will not be confidential. Such feedback on the Sites shall be and remain xyloidine’s property to use at xyzonline ’s sole discretion and you hereby assign all worldwide rights, titles and interests in all copyrights and other intellectual properties in any customer feedback posted on our Sites. Any personally identifiable information you provide to xyzonline through the website shall be subject to our Privacy Notice.
All features, specifications, products and prices of products and services described on the Sites are subject to change at any time without notice. From time to time, there may be information on the Sites that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Sites. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Sites or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors of our products that appear on the Sites; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on the Sites does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
We reserve the right to add, delete or modify these Terms any time by updating or revising the Terms posted. Such changes, modifications and deletions shall become effective immediately upon the posting thereof. Your continued use of the Sites after the changes become effective means that you are agreeing to be bound by the changes. We encourage you to review the Terms periodically.
to create an account or submit any Personal Information to us and be at least 13 years old. You must submit a valid e-mail address and select a password during the registration process. See our Privacy Notice for personal information collected and used. When creating your account, you must provide accurate and complete information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. We reserve the right to refuse registration or cancel an account in our sole discretion and without prior written notice to you. You are solely responsible for maintaining the confidentiality and security of your account, and for keeping your account information up to date. You may never use another person’s account without permission.
You are and shall remain solely responsible for any content posted by you or someone else under your email and/or account. Your email and account is your responsibility and unless you notify us that you know or suspect the security of your email and/or account may have been compromised, you will defend and indemnify xyzonline for any such posting as set forth in the Indemnification section below. Please contact us immediately if you suspect someone is using your email and/or account.
We aim to provide an environment in which every individual has an opportunity to be part of the xyzonline community and where full inclusion and respect for all people is encouraged. When our platforms are not accessible, we recognize this may have an impact on people with disabilities. If you use assistive technology (such as a Braille reader, a screen reader, or TTY) and the format of any material on our sites interfere with your ability to access information or perform any function, please contact us.
We want you to enjoy our Sites, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. Please contact us with any feedback and concerns.
The Sites are administered by xyzonline from its headquarters in new jersey . These Terms will be governed by and const xyz d in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. The exclusive jurisdiction and venue with respect to any claim, dispute or suit under or in any way related to this Agreement shall be the United States District Court for the Western District of Pennsylvania or any proper Pennsylvania state court located in Butler County, Pennsylvania, and the Parties agree to submit to such jurisdiction and to waive any objection to jurisdiction and venue and hereby agree that such jurisdiction and venue is proper.
If you believe that any Content available on or through the Sites violates your U.S. copyright please follow the steps indicated below.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on our Service should be sent ONLY to our Designated Agent. The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES, REPORTS OR E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must have the following subject line and be submitted to the Designated Agent below:
XYZ ONLINE DOT XYZ LLC
115 Bartley Flanders Rd, F32
Flanders, NJ 07836
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(a) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(b) Identification of the copyrighted work (or works) that you claim has (or have) been infringed;
(c) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(e) Your name, address, telephone number, and e-mail address;
(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(g) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Sites may permit you to voluntarily upload and/or post content including photographs, videos, comments and other materials. If you submit user content to us or our Sites, you are giving us and the xyzonline Entities, the perpetual, non-exclusive, irrevocable, worldwide, royalty-free and sub-licensable right, license, permission and authorization to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast any or all of user comments and postings in any and all media or medium whether now existing or later invented for any and all purposes (“license”) without accounting, notification, credit, notification or other obligation to you. By providing user comments and postings you are representing that you own or have the right to engage in postings and you specifically agree that your user content will not violate any law or regulation, these Terms or the rights of others. Further, you represent and warrant that the user content: (a) is original to you or fully cleared for use as contemplated herein and you have the right to grant us and the xyzonline Entities a license; (b) does not and will not violate any of these Terms; (c) does not contain any libelous, tortious, or otherwise unlawful information, infringe or violate any copyright, trademark or any other right, or contain any matter the publication or sale of which may violate any federal or state statute or regulation; and (d) is not obscene, vulgar, hateful or in any manner unlawful and does not contain any software or other materials that may contain a virus or other harmful component.
Unless explicitly stated otherwise, posting user content is for non-commercial purposes only and you may not post in any manner which does or is intended to promote or generate revenue from any business enterprise or commercial activity. If you believe that any user content posted on our Sites by a user violates these Terms, please contact us. If you believe any user content posted on our Sites violates U.S. copyright, please follow the steps in Section 6 above – Notice and Procedure for Making Copyright Complaints.”
We do not endorse any user content or opinions, recommendations or advice expressed therein. Although we reserve the right to do so, we do not necessarily monitor, endorse, edit or screen user content. Nor do we guarantee the accuracy, integrity or quality of any user content, and we cannot ensure that harmful, inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable user content will not appear on our Sites. By providing you with the ability to post on the Sites, we are merely acting as a passive conduit for such posting and we are not undertaking any obligation or liability relating to any posting or activities of the users on the Sites.
You shall not circumvent, disable or otherwise interfere with security-related features of the Sites, including, without limitation, any features that enforce limitations on the use of promo codes, the Sites or Content. You shall not circumvent, disable or otherwise interfere with security-related features of the Sites that prevent use, restrict use, or restrict copying of any content. You shall not attempt to, or interfere with, the proper working of the Sites or impair, overburden, or disable the same.
If we determine, in our sole discretion, that any user content posted violate our Terms or if we for any reason, in our sole discretion, do not feel your user content submitted on our Sites is appropriate, we reserve the right, at any time and without limiting any other rights we may have under our Terms, or at law or in equity to: (i) refuse to allow you to continue posting; (ii) delete, re-format or modify any user content; (iii) revoke your right to use our Sites; and/or (iv) use any technological, legal, operational or other means available to enforce our Terms, including blocking specific IP addresses or deactivating your account.
Our Privacy Notice also governs your use of our Sites and forms part of our agreement with you. Please read it carefully as it describes, among other things, how we collect and use information obtained when you use our Sites.
From time to time we may sponsor contests, sweepstakes, surveys or other promotions (collectively, “Promotions”) on our Sites and also through our stores. Participation in such Promotions is completely voluntary. If you elect to participate in any Promotions, your participation shall be governed by the official rules and regulations for the Promotions (“Official Rules”) and you should read the Official Rules for any Promotions in which you participate in. If any aspect of these Terms or the Official Rules of any Promotions in which you participate are incompatible or conflict, the Official Rules will govern your participation. You agree to strictly abide by any and all such Official Rules. Any personally identifiable information or other materials you provide in conjunction with any Promotions shall be governed by our Privacy Notice.
You shall defend us and the xyzonline Entities against any demands, claims or actions brought against us or the xyzonline Entities arising as a result of any breach or violation of our Terms by you (“Claim”) and you shall indemnify and hold us and the xyzonline Entities harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees) resulting from any such Claim. We and the xyzonline Entities reserve the right, at our own expense, to assume exclusive defense against any Claim and all negotiations for settlement or compromise, and you agree, upon request, to cooperate with us and the xyzonline Entities in the defense, settlement or compromise of any such Claim.
All Site marks, images, illustrations, designs, icons, photographs, text, audio clips, video clips, software, HTML code, scripts, artwork, graphic materials, or other copyrightable elements, trademarks, service marks, trade names, including the selection, sequence and “look and feel” and arrangements of such items (collectively, the “Content”) are the property of xyzonline or our affiliates, subsidiaries, licensors, assigns, operational service providers, advertising agencies or promotional partners (collectively, the xyzonline Entities”) and are protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to access and use the Sites, services and associated Content, for personal use only in accordance with these Terms. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else’s. Except as specifically permitted by us, you shall NOT: (i) reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including without limitation, the display and distribution of the Content via a third-party website) without the express written consent of xyzonline ; (ii) alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others; (iii) disassemble, decompile, reverse engineer or otherwise modify the Content; (iv) market, sell or make competitive or commercial use of the Services or any Content therein; or (v) systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or similar data gathering, mining or extraction methods. Unauthorized or prohibited use of the Services or Content shall terminate any permission or license we may grant you and you may subject you to civil liability and criminal prosecution, or both under applicable federal, state and local laws.
Under no circumstances shall you engage in the use of r xyzonline ’s trademarks and trade dress in metatag keywords, search engine tags or links. Such action shall constitute trademark infringement. Furthermore, the use of our trademarks and trade dress in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition and strictly prohibited. Linking to any page on our Sites is strictly prohibited without xyzonline ’s express written permission. Any association of the Sites or its materials with links, advertisements and/or other information that does not originate from the Sites is also prohibited.
Our Sites may contain links to other websites (collectively, the “Third Party Sites”), including but not limited to links to other websites not operated by xyzonline These Third Party Sites may not be under the control of xyzonline , and unless expressly stated in the Third Party Site terms and conditions, xyzonline does not warrant, represent or assume any responsibility or liability for the accuracy, completeness of the information or software or other materials downloaded from or contained in any Third Party Site nor will we have any obligation, responsibility or liability to you or anyone else once you leave our Sites. A link to a Third-Party Site does not constitute a referral, endorsement of verification by us of the Third-Party Site. When you leave our Sites, you should review the terms and conditions and privacy policies on each and every website you visit as they may differ from those on our Sites.
OUR SITES AND ALL CONTENT AND SERVICES CONTAINED THEREIN ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR ANY GUARANTY OR ASSURANCE THE SITES, CONTENT OR SERVICES OFFERED THROUGH THE SITES WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT THE SITES OR CONTENT ARE ACCURATE OR ERROR FREE, THAT DEFECTS THEREWITH WILL BE CORRECTED, OR THAT OUR SITES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. XYZONLINE IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS OR INFORMATION. BY USING OUR SITES, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SITES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, XYZONLINE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM (a) ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO OUR SITES, CONTENT, AND ANY SERVICES OR PRODUCTS OFFERED THROUGH THE SITES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (b). LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITES, CONTENT, OUR TERMS AND/OR YOUR OR ANYONE ELSE’S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED FIVE HUNDRED DOLLARS ($500). BOTH PARTIES AGREE THAT FIVE HUNDRED DOLLARS ($500) IS A REASONABLE ESTIMATE OF THE MAXIMUM DAMAGES, IF ANY, WHICH MAY RESULT FROM USE OF THE SITES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
These terms and conditions are applicable to you upon your accessing our Sites or completing registration or shopping process. In the event of a violation of these terms and conditions, xyzonline reserves the right to seek all remedies by law and in equity. We may terminate your access or use of the Sites at any time, for any reason without prior notice to you. You may disable your account at any time by contacting us at email@example.com. Even if your account is terminated and you cease using the Sites, these Terms may survive any expiration or termination.
These Terms, together with our Privacy Notice and any other regulations, procedures and policies which we refer to are hereby incorporated by reference and contain the entire agreement you have with xyzonline regarding the Sites, Content and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter. If, for any reason, xyzonline believes, has reason to believe, suspects or is notified of any act, omission or circumstances which may or could compromise or endanger the health, wellbeing or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms, including the Sites and Content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be const xyz d in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms, including the Site and Content or otherwise with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).