Terms of use
Welcome to the Xplor8r Website. Please read these Terms and Conditions carefully. By your use of, and registering with, this Website, you agree to be bound by, and comply with, the terms and conditions below without limitation or qualification. These Terms and Conditions are, from time to time, subject to change, modification, addition or deletion without notice in our sole discretion. We will notify you of amendments to these Terms and Conditions by posting them to this Website. If you do not agree with these Terms and Conditions, immediately cease accessing or using this Website.
DISCLAIMER OF WARRANTY
TO THE EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE SET FORTH HEREIN, ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON, OR THROUGH, THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. AS SUCH, YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. SUBJECT TO THE FOREGOING, XPLOR8R DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND CONDITIONS. XPLOR8R DOES PROUDLY GUARANTEE THE QUALITY AND PERFORMANCE OF OUR PRODUCTS. SPECIFICALLY, WE GUARANTEE THAT ALL OF OUR PRODUCTS WILL BE FREE OF DEFECTS IN BOTH MATERIALS AND WORKMANSHIP. IF ANY OF OUR PRODUCTS PROVE TO BE DEFECTIVE AS DESCRIBED ABOVE, XPLOR8R WILL REPAIR OR REPLACE, AT OUR DISCRETION, SUCH PRODUCTS. THIS GUARANTEE SHALL NOT APPLY TO ANY DAMAGE TO OUR PRODUCTS CAUSED BY WEAR AND TEAR, MISUSE OR NEGLECT OF THE PRODUCT. HOWEVER, SUCH DAMAGE MAY BE REPAIRED, IN OUR DISCRETION, FOR A REASONABLE FEE.
XPLOR8R MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY. XPLOR8R DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM XPLOR8R WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE OR TIMELY. XPLOR8R MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE. XPLOR8R DOES NOT WARRANT, GUARANTEE OR ENSURE THE QUALITY OF ANY PRODUCT OR SERVICE PROVIDED BY ANY AFFILIATE OR MERCHANT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
TITLE TO GOODS AND MERCHANDISE IS RETAINED BY XPLOR8R UNTIL THE GOODS AND MERCHANDISE ARE PAID FOR BY THE PURCHASER, AT WHICH TIME TITLE WILL PASS TO THE PURCHASER.
CERTAIN STATE LAWS INCLUDING, BUT NOT LIMITED TO, THOSE OF THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
YOU AGREE THAT, EXCEPT AS OTHERWISE PERMITTED UNDER APPLICABLE LAWS INCLUDING THOSE OF THE STATE OF NEW JERSEY, NEITHER XPLOR8R NOR ITS PARENTS, AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, ATTORNEYS, CONTRACTORS, REPRESENTATIVES, AND THEIR RESPECITVE HEIRS, PREDECESSORS, SUCCESSORS AND ASSIGNS, WHETHER EXISTING NOW OR IN THE FUTURE, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR RELATED TO, THE USE OF, ACCESS TO, RELIANCE ON, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF XPLOR8R IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE.
TRADEMARKS AND COPYRIGHTS
You agree that all content appearing on this Website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software are the sole property of XPLOR8R or its partners and suppliers, and are protected by United States and international copyright laws. The compilation of any and all content on this Website is the exclusive property of XPLOR8R and is protected by United States and international copyright laws. All software used on this site is the property of XPLOR8R or its software suppliers and is protected by United States and international copyright laws. Users are granted permission to browse and use this Website for its intended purpose, which is for your use only as a consumer. Any other use including, but not limited to, the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any of the content of this Website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is strictly prohibited.
XPLOR8R does not grant, by implication, estoppel or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this Website, without the prior written consent of XPLOR8R. XPLOR8R prohibits the use of the XPLOR8R logo or other proprietary graphics or trademarks as a link to any Website, unless the creation of such a link is approved in advance, and in writing, by XPLOR8R. Registered and unregistered proprietary information is owned and held by XPLOR8R and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this Website in any form, either mentioned or unmentioned.
XPLOR8R is a trademark or trade dress in the United States and/or other countries. XPLOR8R’s trademarks and trade dress may not be used in connection with any product or service that is not XPLOR8R’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits XPLOR8R. All other trademarks not owned by XPLOR8R that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, XPLOR8R.
TCPA Consent
You expressly consent to be contacted by Xplor8r, its agents, representatives, affiliates, or anyone calling on its behalf including, but not limited to, the agents and representatives of the brand whose product you purchased from Xplor8r (i.e. a third party, as Xplor8r.com is a retail ecommerce site and NOT the brand or the manufactures of the products we sell), for any and all purposes arising out of or relating to your use of our Website, at any telephone number, or physical or electronic address that you provide to us or at which you can be reached, warranty issues, etc. You agree that Xplor8r and a third party whose product you have purchased through Xplor8r.com can contact you in any way including, but not limited to, SMS messages including text messages, calls using pre-recorded messages or artificial voice, and calls and messages that are delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether it is by you or another party. In the event that an agent, representative or affiliate calls, they may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages including text messages, calls and messages (including, but not limited to, prerecorded and artificial voice and autodialed) from Xplor8r, our agents, representatives, affiliates or anyone calling on our behalf including, but not limited to, the third party whose product you purchased through Xplor8r.com, at the specific number(s) you have provided to us, or numbers that we can reasonably associate with you, with information or questions about the products you purchased. You further certify, warrant and represent that the telephone numbers that you have provided to Xplor8r are your contact numbers. You also warrant and represent that you are permitted to receive calls at each of the telephone numbers that you have provided to us. You agree that you shall promptly inform us in the event that you stop using any of the telephone numbers provided to us. Your cellular or mobile telephone provider may charge you depending on the terms of your plan with them. You also agree that Xplor8r, its agents, representatives, affiliates, or anyone calling on its behalf including, but not limited to, the third party whose product you purchased through Xplor8r.com, may contact you by e-mail, using any e-mail address that you have provided to us or that you may provide to us in the future. It is also possible that Xplor8r, its agents representatives, affiliates, or anyone calling on its behalf including, but not limited to the third party whose product you purchased from Xplor8r, may listen to and/or record phone calls between you and Xplor8r’s representatives without notice to you, as may be permitted by applicable law. Note: At this time, we do NOT send SMS and Text messages, or use automatic recordings, nor do we record calls. In short, this paragraph informs you that Xplor8r contacts you by email, and you may be contacted by the company-- whose product(s) you have purchased--by email.
THIRD PARTY WEBSITES
You agree that XPLOR8R encourages you to exercise discretion browsing the internet. Our Website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. XPLOR8R and its affiliates make no representation or warranty about the legality of any third party Website, nor as to its accuracy, content, products or services. Any such Website is independent from XPLOR8R, and XPLOR8R has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between XPLOR8R and another Website further does not mean that XPLOR8R endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other Website. XPLOR8R expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party not under the XPLOR8R domain, or the goods or services offered by, or the content displayed by, any such third party.
USE RESTRICTIONS
You agree that you will not use this Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; monitoring, gathering or copying content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; framing or utilizing framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; using any meta tags or any other “hidden text” utilizing XPLOR8R’s name or any trademarks; and engaging in any activity that interferes with a user’s access to the Website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. You also agree that in using this Website you will not impersonate any person or entity.
UNLAWFUL CONDUCT
You agree that you are prohibited from posting or transmitting to this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, abusive, harassing, pornographic or profane material, any copyrighted material of others, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. XPLOR8R reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this Website.
TERMINATION OF USE OF THIS WEBSITE
You agree that any violation of these Terms and Conditions; the unauthorized use of this Website, content materials and intellectual property; as well as any fraudulent, abusive or otherwise illegal activity, shall be grounds for termination of your right to access, browse and use this Website. XPLOR8R reserves the right, in its sole discretion, to terminate, suspend or restrict your access to this Website and its content and use at any time, with or without notice and without any obligation to refund any portion of fees paid for any product or service. Should your access to this Website be terminated, you are prohibited from accessing this Website under a new name unless expressly invited to do so by XPLOR8R.
PRODUCT DESCRIPTIONS
XPLOR8R attempts to be as accurate as possible. However, XPLOR8R does not warrant that product descriptions, or other content on this Website, is accurate, complete, reliable, current or error free. If a product offered by XPLOR8R is not as described, your sole remedy is to return it.
LIMITED AVAILABILITY AND PRICE
In the event a product or service is listed at an incorrect price due to a typographical error, XPLOR8R shall have the right to refuse, or to cancel, any orders placed for product or service listed at the incorrect price. Your receipt of an electronic or any other form of order confirmation shall not constitute XPLOR8R’s acceptance of your order, nor does it constitute confirmation of XPLOR8R’s offer to sell. XPLOR8R shall have the right to limit the number of items purchased through this Website. XPLOR8R shall have the right to refuse, or to cancel, any order whether or not 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 cancelled, XPLOR8R shall immediately issue a credit to your credit card account in the amount of the charge.
MULTIPLE PRODUCT ORDERS
With respect to multiple product orders, XPLOR8R will make every attempt to ship all products covered by the order at the same time. However, products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for shipping at the rate quoted to you on your purchase receipt.
OUT-OF-STOCK PRODUCTS
XPLOR8R will ship your product as it becomes available. In the event that the product you ordered is out-of-stock, the fulfillment of your order will be delayed. XPLOR8R will inform you of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to the product being shipped.
SHIPPING POLICY
All orders ship from our warehouse in Salt Lake City, Utah. All orders placed through our Website will ship the following business day. Orders are not shipped on Saturday or Sunday nor on some major holidays. We do not currently offer free shipping. XPLOR8R does not guarantee when an order will arrive. We therefore encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
TAXES
XPLOR8R charges Utah state sales tax. Taxes will also be collected from residents in CA, WA, and SD as those laws require us to enact collection according to their dictates. We expect to have to begin to collect those taxes in the near future as of 07.29.2018
PAYMENT
XPLOR8R accepts the following credit cards: Visa, MasterCard, American Express, Discover and PayPal. Please be sure to provide your correct and exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
RETURN AND EXCHANGE POLICY
Items can be returned or exchanged within 30-days from the date the item was received. All items must be in new, unworn, and unwashed condition with all tags still attached. Customers must arrange their own shipping. The turnaround time for exchanges is typically 2 to 3 weeks including shipping
If the item was paid for by credit card, XPLOR8R will issue the refund as soon as your return is processed. The credit card refund process may take up to 5 days before the credit is posted to your account. If you paid with PayPal, the refund will be processed upon our receipt of the returned product and will be credited to your PayPal account.
PURCHASING PRODUCTS
Anyone utilizing our Website to purchase any products shall be bound by all of these Terms and Conditions. Additionally, they shall be bound by the following terms and conditions:
XPLOR8R shall not be responsible for any actions or conduct of a customer purchasing any items through this Website.
XPLOR8R shall not have any liability in the event that any person whatsoever is injured, or any property is damaged, while wearing or utilizing any items purchased through our Website.
You shall provide XPLOR8R with current, complete and accurate purchase, account and contact information for all purchases made through our Website and you shall guarantee the accuracy of such information. In the event a transaction is cancelled due to inaccurate or inauthentic information provided by you, you shall be responsible for any and all expenses incurred by XPLOR8R arising from the cancellation. In the event that you provide false or inaccurate information, XPLOR8R reserves the right to remove your account and to bar you from using this Website.
REVISIONS
XPLOR8R may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. XPLOR8R shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website. XPLOR8R also reserves the right to revise, at its sole and absolute discretion, the Terms and Conditions of this Website at any time. All revisions will be posted on these Terms and Conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this Website, you are deemed notified and bound by any changes to these Terms and Conditions. We encourage users to review these Terms and Conditions each and every time you visit this Website to remain informed of any changes to them.
ELECTRONIC COMMUNICATIONS
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CONSENT
By accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and you agree to comply with all applicable laws and regulations. If you do not agree to these terms then please do not use this Website.
PRIVACY POLICY
The privacy of those who visit our Website is of primary concern to XPLOR8R. We adhere to the highest ethical standards of the industry. By using this Website, you agree that you have reviewed and accepted our Privacy Policy. As more fully explained in our Privacy Policy, we automatically gather some data from everyone who visits our Website, while other information is obtained at the discretion of the individual. Our sole purpose in doing this is to enhance the experience of individual visitors to our Website. As set forth in our Privacy Policy, none of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a transaction, to facilitate our legitimate interests such as marketing, or to maintain our relationship with you.
COOKIES
As more fully discussed in our Privacy Policy, XPLOR8R reserves the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this Website to reflect your preferences. Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your experience without having to continually request the same basic information from you. Cookies do not give us access to your computer or any information about you, other than the data you choose to share with us, and are not used to store any personal information such as name, address or payment information.
DISCLOSURE TO AUTHORITIES
XPLOR8R cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in these Terms and Conditions. We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. As such, you authorize XPLOR8R to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose XPLOR8R to legal liability.
INDEMNIFICATION
Unless the laws of the State of New Jersey which may provide to the contrary are applicable to you, you agree to indemnify, defend and hold harmless XPLOR8R, and all of its parents, affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, attorneys, representatives, and their heirs, predecessors, successors and assigns, whether existing now or in the future, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use or alleged use of this Website or any breach by you of these Terms and Conditions, or the representations, warranties and covenants made by you by your agreeing to these Terms and Conditions. XPLOR8R reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you under this provision and, in such an event, you agree to fully cooperate with XPLOR8R’s defense of such matter. XPLOR8R’s assumption of the defense and control of any such matters shall not abrogate any of your obligations hereunder.
ENFORCEABILITY, GOVERNING LAW AND JURISDICTION
These Terms and Conditions constitute the entire agreement between you and XPLOR8R with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to and use of this Website, and these Terms and Conditions, are governed and construed in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. Any action against XPLOR8R arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions must be brought by you exclusively in the state and federal courts located in the County of Salt Lake, State of Utah. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the County of Salt Lake, State of Utah, for the adjudication of all claims by XPLOR8R against you arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions. You agree to waive any and all objections that you may have to Utah law as the governing law and to the sole and exclusive venue being Salt Lake County, Utah. If you do not agree to these terms then you must immediately cease using this Website and its services. Your continuing to use this Website and its services shall constitute your consent to these terms.
XPLOR8R’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by XPLOR8R in writing. You acknowledge and agree that you will not seek to litigate any claims against XPLOR8R or any of its affiliates, existing now or in the future, on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.
LIMITATIONS ON ACTIONS
Unless the laws of the State of New Jersey which may provide to the contrary are applicable to you, any action concerning any dispute that you may have with respect to, arising out of, or in connection with this Website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so will permanently bar any cause of action that you may have.
YOUR REPRESENTATIONS
You represent that you are not under any legal or other disability which limits your ability to comply with these Terms and Conditions.
