Last Updated: February 12, 2014
Welcome to the xavixstore.com Web site. xavixstore.com is a Web site maintained by LIT. Please take a few minutes to review the following Legal Statement, which governs your use of, and purchase of products from, the xavixstore.com Web site.
1.1 This Legal Statement contains the terms and conditions governing the use of, and purchase of products from, the xavixstore.com Web site run by LIT (the “Site”). By using the Site, you expressly accept and agree to abide by all the terms and conditions contained in this Legal Statement. Do not use the Site if you do not accept and agree to these terms and conditions.
1.2 LIT may from time to time change the terms and conditions that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. You should periodically visit this page to review the current terms and conditions that apply to your use of the Site.
1.3 LIT may change, move, delete portions of, or add to, the Site from time to time without notice.
2. Site Contents
2.1 Unless otherwise noted, all materials, including but not limited to images, illustrations, designs, icons, photographs, video clips, and written and other elements that appear as part of the Site, and all HTML, CGI and other code and scripts in any format used to implement the Site, are copyrights, trademarks, and/or other intellectual properties owned or controlled by, or licensed to, LIT. The Site as a whole is protected by copyright, all rights, titles and interests in and to which are owned worldwide by LIT.
2.2 Except for the purchase of products from the Site, the contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use. You may download or copy the contents of, and downloadable materials displayed on, the Site for your personal use only. You may not reproduce copy, modify, upload, download, transmit, re-publish, create derivative works from, display for redistribution to third parties for commercial purposes, or otherwise distribute any code or content from the Site without the prior written agreement of LIT.
2.3 Your failure to comply with Sections 2.1 and 2.2 above will violate LIT’s copyright, trademark or other proprietary and industrial property rights. You may print portions of the Site in hard copy with the sole intent of placing an order for one of the XaviX® products or of keeping a record of the store location, opening hours or phone number.
3. Privacy and Security
4. Your Email, Letters, Postcards or Other Submissions
4.1 LIT welcomes your email, letters, postcards or other submissions (“Comments”) on the Site and products, but LIT does not seek to solicit such Comments either for the purpose of developing, designing, redesigning, modifying, manufacturing or marketing the products, developing new products, or improving the Site. By submitting Comments, you agree as follows:
All Comments that you disclose, submit or otherwise offer to LIT about the Site or about XaviX® products shall be and remain LIT’s property. The submission of such Comments shall constitute an assignment to LIT of all rights, title and interest in all copyright and other intellectual property in the Comments worldwide. Thus LIT owns exclusively all such rights, title and interest and shall not be limited in any way in the use, commercial or otherwise, of such Comments.
4.2 LIT will not be liable for any use, or the disclosure, of such Comments. LIT will not have any obligation to keep such Comments confidential and will be free to reproduce, use, disclose and distribute any ideas, concepts, know-how or techniques contained in such Comments, or which incorporate or otherwise rely upon such Comments, for any purpose whatsoever including but not limited to developing, manufacturing and marketing products or improving the Site.
You agree that no Comments submitted by you via the Site will violate any right of any third party including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you via the Site will be libelous or otherwise contain unlawful, abusive or obscene material. You are, and remain, solely responsible for the content of any Comments you submit.
4.3 Provided that you comply with Section 4.1.3 above you shall not bear liability for the use made by LIT of any material contained in your Comments or for any consequences of such use.
Xavixstore.com’s Communications to You
You agree that LIT may send electronic mail to you for the purpose of advising you of changes or additions to the Site, of informing you about any of XaviX® products or services, or for such other purposes, as LIT may from time to time deem appropriate.
Product and Pricing Information
Although LIT makes every effort to display the characteristics and colors of the products displayed on the Site as accurately as possible, the displayed characteristics and colors in part depend upon the technical characteristics of the computer and the monitor you use to view the Site. LIT cannot guarantee that the images displayed on the Site are an accurate portrayal of the actual characteristics and colors of the products.
Most XaviX® products displayed on the Site are available in XaviX® store(s) in the United States while supplies last. Some products displayed may be out-of-stock or discontinued. LIT does not guarantee the availability of any of the products displayed on the Site.
Prices displayed on the Site are quoted in U.S. dollars and are subject to change without notice. Prices do not include applicable taxes or shipping and handling, which are payable by the purchaser.
LIT is not responsible for typographical errors occurring on the Site in respect of price or any other matter.
The XaviX® products displayed on the Site are offered for sale in the United States only. Orders received from or shipments to addresses outside the United States will not be accepted.
You assume all responsibility and risk with respect to your use of the Site. LIT disclaims all warranties, representations and endorsements, whether express or implied, with regard to information accessed on or via the Site, including, but not limited to warranty of title, merchantability, non-infringement and fitness for a particular purpose.
LIT makes no warranties in respect of any other Web site to which you may be directed or hyperlinked from the Site. Such directions or hyperlinks are included solely for your convenience.
LIT does not warrant that the Site is free of computer viruses, bugs or other harmful components. LIT does not warrant that the functioning of the Site will be uninterrupted or error-free or that errors will be detected or corrected.
LIT does not have any duty to update the Site or modify the content or code, nor shall LIT be liable for failure to update such information. It is your responsibility to verify information contained on the Site before relying upon it.
IN NO EVENT SHALL LIT BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE. BY YOUR USE OF THE SITE YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND YOU ACCEPT THAT LIT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO THE USE OF THE SITE. YOU FURTHER ASSUME RESPONSIBILITY FOR ALL TELEPHONE AND OTHER COMMUNICATION COSTS THAT YOU INCUR IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE CONSEQUENTLY, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LIT UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Enforcement of Terms and conditions
By accessing and using the Site, you agree that your access to and use of the Site is subject to these terms and conditions and governed and interpreted pursuant to the law of the state of California, United States of America.