WEBSITE TERMS AND CONDITIONS
Welcome to the XPETI, which is owner of the XPETI brand. Your use of the Site is subject to your compliance with these terms and conditions (the "Terms"). By using the Site, you accept and agree to be bound by these Terms. If you do not agree to the Terms, you may not use the Site. XPETI may modify these Terms from time to time and without notice, effective upon posting on the Site, and your continued access or use of the Site constitutes acceptance of all such modifications.
By visiting the Site or communicating with XPETI by email, you are communicating with us electronically, and you consent to receive communication from us electronically. You agree that communication that we provide electronically, including by posting to the Site, satisfies any legal requirement that a communication must be in writing.
XPETI attempts to ensure that product descriptions and other information on the Site are as accurate as possible. However, XPETI does not warrant that any information on the Site is accurate, complete or error free. XPETI may modify the Site, in whole or in part, at any time and without prior notice.
All materials on the Site, including all text, graphics, logos, audio clips, downloads, data compilations, tools, software and any other material or information used in connection with the Site (the "XPETI Content"); the selection, arrangement, and presentation of all XPETI Content; and the overall design of the Site are the property of XPETI and protected by U.S. and international copyright laws.
Acadia, Airthotic, Desert Acadia, XPETI, XPETI Bob, EXO, Mountain Light, Pronghorn, Striker, Terra Force, TFX, and are trademarks of XPETI Footwear or its licensors. Other trademarks used on the Site that are not the property of XPETI or its licensors are the property of their respective owners, who are not affiliated with or connected to XPETI.
In order to access or use some features of the Site, you will have to create an account. You must be at least 18 years old to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for all activity that occurs under your account and/or password, including without limitation any content or other materials provided from or through your account. You must maintain the confidentiality and security of your account password and login information, and notify XPETI immediately of any breach of security or unauthorized use of your account.
Access and Use of the Site
Subject to the terms set forth herein (as may be revised by XPETI) XPETI grants you a personal, non-transferable, and non-exclusive limited license to access and use the Site and to download and print a single copy of the XPETI Content from the Site solely for your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices. Any other copying, use, distribution, publication, transmission or modification of the XPETI Content or any other property of XPETI, whether in electronic or hard copy form, is strictly prohibited. This prohibition includes screen or database scraping for any purpose other than as expressly permitted below.
You understand that by accessing and using the Site you may be exposed to Visitor Content and other content from a variety of sources that are inaccurate, offensive, or objectionable, and hereby waive any legal or equitable rights or remedies you have or may have against XPETI with respect thereto.
You may not frame any XPETI Content, or any trademark, logo or other proprietary information on the Site without XPETI's prior written consent. You may not use XPETI's name or trademarks in any meta-tags or other hidden text without the express written consent of XPETI. You may link to the Site for non-commercial purposes only, or as otherwise authorized by XPETI in writing. XPETI reserves the right to demand you remove any link, at XPETI's sole discretion.
Some parts of the Site may allow you to post or to e-mail to XPETI materials or information (including recommendations or suggestions for new or improved products or services) (collectively, "Visitor Content"); or to access or use Visitor Content posted or e-mailed by other visitors to the Site. Should you post or e-mail any Visitor Content, you grant XPETI a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to (a) use, distribute, display, reproduce, modify, perform, preserve and create derivative works of all such Visitor Content in any media now known or hereafter developed, including in advertisements for XPETI's services; and (b) use the name under which you submit such Visitor Content in connection therewith, at XPETI's sole discretion. You also grant each user of the Site a non-exclusive license to access your Visitor Content through the Site and to reproduce, distribute, prepare derivative works, display and otherwise use such Visitor Content as permitted under these Terms of Service. You may terminate or restrict our rights to use your Visitor Content by changing the rights granted on the permissions page of your account. However, the changes will only be effective for future uses and will not take effect until 15 days after we confirm your changes have been received and recorded. You understand that changing your permissions shall not require XPETI or any user to remove your submission from any work created prior to the effective date of your change or otherwise modify any prior use of your submission and that XPETI shall not be responsible for any user's failure to abide by the changes to your permissions.
You acknowledge that whether or not such Visitor Content are published, XPETI does not guarantee any confidentiality or security of any Visitor Content, or any other information or materials you provide or submit by email or other electronic communication. XPETI may remove any Visitor Content from the Site at any time, in XPETI's sole discretion and for any or no reason. You waive all claims against XPETI for any violation of copyright, rights of privacy, publicity, and defamation or other personal torts arising from XPETI's use of the information you provide.
YOU ARE SOLELY RESPONSIBLE FOR VISITOR CONTENT AND OTHER INFORMATION AND MATERIALS YOU PROVIDE TO XPETI. YOU REPRESENT AND WARRANT TO XPETI THAT (A) YOU OWN, OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS TO USE AND AUTHORIZE XPETI TO USE ANY USER SUBMISSIONS AND OTHER INFORMATION OR MATERIALS YOU PROVIDE IN THE MANNER CONTEMPLATED BY THE WEBSITE AND THESE TERMS OF SERVICE; AND (B) YOU HAVE THE WRITTEN CONSENT OF EACH IDENTIFIABLE INDIVIDUAL PERSON APPEARING OR INCLUDED IN YOUR USER SUBMISSIONS TO USE HIS OR HER NAME, LIKENESS AND OTHER PERSONAL INDICIA IN THE MANNER CONTEMPLATED BY THE WEBSITE AND THESE TERMS OF SERVICE.
You agree not to submit send any communications to XPETI or to submit any Visitor Content or other materials, content or information which is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, invasive of privacy or which encourages criminal conduct, infringes any intellectual property or other proprietary right of any person or entity or otherwise gives rise to civil liability; or which contains viruses, corrupt data, cancel bots, trojan horses or the like, or otherwise disrupts or is capable of disrupting the operation of the Site or servers or networks connected to the Site or the ability of visitors to access or use the Site; or which consists of commercial solicitations, or mass mailings or any form of "spam"; or which you do not have the right to post. You further agree not to submit or post advertisements or solicitation of business and/or use false email addresses or impersonate any person or otherwise mislead as to the origin of any Visitor Content or other materials, content or information you submit or provide.
You also agree that XPETI may use and/or disclose Visitor Content and any other information about you or which you provide (a) as required by a court or government agency; (b) to enforce these Terms; (c) to respond to any claim by you or a third party; or (d) to protect or assert XPETI's rights.
You acknowledge that communication via the Internet may use potentially unsecure computers and links and that data may be lost, or intercepted by unauthorized parties during such transmission. You agree that XPETI shall have no liability whatsoever in connection with such lost or intercepted data.
XPETI has the right, but not the obligation, to review, remove or edit Visitor Content, at XPETI's sole discretion. XPETI has no responsibility and assumes no liability for Visitor Content posted by you or any other party, and does not guarantee the accuracy, integrity or quality of any Visitor Content.
The Site may include information and/or links to third party websites, and third party websites may link to the Site. XPETI has no control over, and no liability for, any such third party websites, or for any content, products or services offered by or accessed through such sites. If you decide to access third party sites linked through the Site, you do so at your own risk.
XPETI owns all right, title and interest, including patent and copyright, in all products available for purchase through the Site and in all images contained on the Site. XPETI PRODUCTS ARE WARRANTED, IF AT ALL, AS PROVIDED IN THE WARRANTY ACCOMPANYING THE PRODUCT. XPETI HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH REGARD TO XPETI PRODUCTS, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED.
XPETI attempts to ensure that product descriptions and other information on the Site are as accurate as possible. However, we do not warrant that product descriptions or other information on the Site are accurate, complete or error-free. If you believe that a product offered by XPETI is not as described, your sole remedy is as set forth in the applicable warranty accompanying the product. Click here to view warranty information.
If you believe any content posted on the Site infringes any person's copyright interest, please provide the following information, in writing and signed by you, to the XPETI Copyright Agent at the address listed below:
- A description of the allegedly infringing content, and of the copyrighted work which you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
- Your address, telephone number and e-mail address.
- Your statement that all information you have provided is accurate and that you have a good-faith belief that the use of the disputed content is not authorized by the copyright owner, its agent or by law.
Use of the site
You are solely responsible for obtaining and maintaining all computer hardware, software, internet connection, and other equipment necessary to access and use the site, including all related expenses.
You agree not to use the site in any manner so as to (a) adversely affect the site's resources or the availability of the site to others; (b) violate any local, state, national or international law, including without limitation laws regarding the export of data from the united states or the country in which you reside; or (c) delete or revise any content on the site. You further agree not to use the site to harass any other person or to collect or store personal information about other visitors.
Accessing and Updating Your Information
If you have created an account on our Site you can review and change certain personal information relating to your account at any time by logging on to your account. Otherwise, to learn more, please contact us as set forth below.
XPETI may provide contact information and/or links to third party resources for your information only. XPETI has no control over such other web sites or the products and services offered by or through sites accessed through links on the site. If you decide to access third party sites linked through the site, you do so at your own risk.
You agree that XPETI shall have no responsibility for any content, advertising, products or other material accessed through such links, or the accuracy or reliability of any information, data or opinions accessed through links on the site, or any liability, direct or indirect, for any damage or loss incurred by you or any third party in connection with web sites or resources accessed through links on the site. No endorsement of third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to the site.
These terms remain in effect until terminated by either you or XPETI. If you terminate these terms, you must immediately discontinue all access and use of the site, and destroy all XPETI content and any other materials downloaded from or otherwise obtained from the site, and any copies and installations thereof. XPETI reserves the right to suspend or terminate your access to the site or any portion of the site with or without notice if you breach these terms or the terms of any agreement or obligation to XPETI, or if XPETI has reasonable grounds to believe you have committed such breach. XPETI may, in its sole discretion, discontinue providing the site, in whole or in part, and with or without notice to you. XPETI shall have no liability to you or any third party for any termination of the site or access to the site. Your limited right to use the content on the site under these terms shall terminate immediately upon notice to you that XPETI has terminated your access to the site, and you must promptly destroy all copies of content obtained from the site in your possession or control, in whatever form.
NO WARRANTY/LIMITATION OF LIABILITY
XPETI DOES NOT WARRANT THAT ANY XPETI CONTENT, VISITOR CONTENT OR ANY OTHER CONTENT POSTED ON THE SITE AND/OR ANY XPETI PRODUCT AVAILABLE THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. XPETI DOES NOT WARRANT THAT THE SITE OR XPETI PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DOES XPETI MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE AND ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), OR THAT YOUR ACCESS OR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
YOUR ACCESS AND USE OF THIS SITE IS AT YOUR OWN RISK. XPETI, AND ITS AFFILIATES, OWNERS, EMPLOYEES, AGENTS, SUCCESSORS, ADVISORS, CONSULTANTS AND ASSIGNS SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE, ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON OR THROUGH THE SITE; AND/OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF XPETI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS YOUR EXCLUSIVE RESPONSIBILITY TO EVALUATE ALL CONTENT PROVIDED ON THE SITE FOR ACCURACY, COMPLETENESS AND USEFULNESS
WITHOUT WAIVING THE GOVERNING LAW PROVISION BELOW, SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THUS THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, XPETI'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.
NOTWITHSTANDING ANYTHING ELSE HEREIN, IN NO EVENT SHALL XPETI'S LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH OR PERTAINING TO THE SITE OR YOUR ACCESS OR USE THEREOF EXCEED $50.00.
You agree that you are personally responsible for your use of the Site, and further agree to indemnify, defend and hold harmless XPETI, its officers, directors, employees, agents, successors, advisors, consultants and assigns from and against any loss, damage, expense or liability of any kind (including attorneys' fees and costs) resulting from your violation of any these Terms or your use of or access to the Site, your posting or e-mailing of suggestions and other information and/or your violation of the rights of XPETI and/or any third party.
XPETI Inc. may review and edit your submitted video and/or photo as needed and XPETI retains the right to use your likeness (photo, voice, name) for promotional purposes. XPETI has sole authority in determining qualified video and/or photo submissions and qualified entrants for prize. Any content deemed inappropriate by XPETI will be disqualified.
This Site is controlled and operated by XPETI from its headquarters in Portland, Oregon, United States of America. XPETI makes no representation that any content on the Site or accessed through the Site is appropriate or available for use in any jurisdiction.
These Terms, and any dispute that may arise between you and XPETI shall be governed by and construed in accordance with the laws of the State of Oregon, U.S.A., without regard to conflict of laws principles. You irrevocably and unconditionally consent to the exclusive jurisdiction of and venue in the courts of Multnomah, Oregon, U.S.A. for any all disputes arising out of or relating to the Terms and/or the Site.
These Terms, which may be amended from time to time, set forth the entire understanding of you and XPETI as to your access and use of the Site and the content on the Site. If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all provisions shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of XPETI. XPETI may assign its rights and duties under the Terms to any party, at any time, and without notice to you.
These Terms constitute a written agreement between you and XPETI, and a printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
Questions about these Terms or the Site? Please contact:
730 3rd AVE
San Bruno CA 94066