These General Terms and Conditions of Use (“Terms”) are entered into by and between you and X2O Sports, a division of American Recreation Products, Inc. (“X2O Sports”)In consideration of your use of and access to this Internet website (“X2O Sports website”) and the promises and obligations herein, and intending to be legally bound, you and X2O Sports hereby agree that your access to and use of the X2O Sports website is subject to these Terms, as well as any modifications issued by X2O Sports to these Terms, and all applicable laws and regulations. BY USING THIS WEBSITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the X2O Sports website. Among other things, X2O Sports provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by X2O Sports in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the X2O Sports website contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms
X2O Sports shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the X2O Sports website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the X2O Sports website. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by X2O Sports to these Terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than X2O Sports shall be valid or enforceable against X2O Sports unless expressly agreed to by X2O Sports in a writing signed by a duly authorized officer of X2O Sports.
X2O Sports reserves the right to immediately terminate this agreement and/or your access to and use of the X2O Sports website or any portion thereof, at any time and for any reason, with or without cause. X2O Sports shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the X2O Sports website shall immediately cease.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the X2O Sports website and your purchase of items from X2O Sports (if applicable) on the X2O Sports website.
All design and content featured on the X2O Sports website, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content”, and are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by X2O Sports. This website in its entirety is protected by copyright and applicable trade dress. The Content may contain errors, omissions, or typographical errors or may be out of date. X2O Sports may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on X2O Sports in any way except to the extent it is specifically indicated to be so. You may view and use the Content only for your personal, noncommercial use, and for shopping and ordering on the X2O Sports website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, X2O Sports 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 process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the X2O Sports website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by X2O Sports, is strictly prohibited.
6. Linked Third Party Sites
Links to other Internet websites operated by third parties, including X2O Sports vendors, do not constitute sponsorship, endorsement, or approval by X2O Sports of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by X2O Sports, and X2O Sports 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 are provided for your convenience only, and you access them at your own risk.
7. Prices; Orders (Applicable If Products Are Sold on the X2O Sports Website)
All prices displayed on the X2O Sports website are quoted in U.S. dollars. X2O Sports may restrict delivery to addresses within the United States and Canada. X2O Sports will add shipping and handling fees and applicable sales/use tax as necessary. X2O Sports reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the X2O Sports website without incurring any obligation to you. Products displayed on the X2O Sports website are available while supplies last. The receipt by you of an order confirmation does not constitute X2O Sports’s acceptance of an order. Prior to X2O Sports’s acceptance of an order, verification of information may be required. X2O Sports reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from X2O Sports, for any reason. X2O Sports reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, X2O Sports shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, X2O Sports shall promptly issue a credit to your credit card account in the amount of the incorrect price. X2O Sports accepts the following credit cards: Visa, MasterCard, American Express and Discover.
X2O SPORTS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE X2O SPORTS WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. X2O SPORTS ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE X2O SPORTS WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT X2O SPORTS OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE X2O SPORTS WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL X2O Sports, ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE X2O Sports WEBSITE, EVEN IF X2O Sports IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL X2O Sports’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless X2O Sports, its subsidiaries and affiliates, X2O Sports’s vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, 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 material submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your account.
11. Governing Law
This agreement is governed by and construed in accordance with the laws of the State of Missouri, U.S.A., without regards to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of any state or federal court located in the county of St. Louis, state of Missouri, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.