This website is operated by Xotic Packs Inc. Throughout the site, the terms “we,” “us,” and “our” refer to Xotic Packs Inc. Xotic Packs Inc provides this website, along with all the information, tools, and services available from this site, to you, the user, with the condition that you accept all the terms, conditions, policies, and notices stated here. When you visit our site and/or make a purchase from us, you are engaging in our “Service” and agreeing to be bound by the following terms and conditions (“Terms of Service,” “Terms”), which include additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service are applicable to all users of the site, including but not limited to, users who browse, vendors, customers, merchants, and content contributors.
Please read these Terms of Service carefully before accessing or using our website. Your access to the site and use of any part of it indicates your agreement to abide by these Terms of Service. If you do not agree with all the terms and conditions of this agreement, you may not access the website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most up-to-date version of the Terms of Service on this page. We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By accepting these Terms of Service, you confirm that you are either of the legal age of majority in your state or province of residence or have obtained the necessary consent from your minor dependents to allow them to use this site. You are prohibited from using our products for any illegal or unauthorized purposes, and you must not violate any laws in your jurisdiction (including but not limited to copyright laws) when using our services. You are strictly prohibited from transmitting any worms, viruses, or any other code of a destructive nature. A breach or violation of any of these Terms will result in the immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time and for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible for any inaccuracies, incompleteness, or lack of timeliness in the information made available on this site. The material on this site is provided solely for general information purposes and should not be solely relied upon for making decisions. For important decisions, please consult primary, more accurate, complete, or up-to-date sources of information. This site may contain certain historical information which, by its nature, may not be current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products may change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to accurately display the colors and images of our products in the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may grant you access to third-party tools, over which we neither exercise monitoring nor possess control or input. You acknowledge and accept that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall bear no liability arising from or related to your use of optional third-party tools. Your use of optional tools offered through the site is entirely at your discretion and risk, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s). Additionally, we may introduce new services and features through the website in the future, including the release of new tools and resources. These new features and services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Service may include content, products, and services provided by third parties. Third-party links on this site may redirect you to websites that are not affiliated with us. We do not undertake the examination or evaluation of the content or accuracy of these third-party materials, and we do not warrant or accept any liability or responsibility for any third-party materials, websites, or any other products or services offered by third parties. We are not responsible for any harm or damages resulting from the purchase or use of goods, services, resources, content, or other transactions conducted on third-party websites. We advise you to carefully review the policies and practices of these third parties and ensure your understanding before engaging in any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific contributions (e.g., contest entries) or, without our request, provide creative ideas, suggestions, proposals, plans, or other materials, whether through online, email, postal mail, or other means (collectively referred to as 'comments'), you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate, and otherwise use these comments in any medium. We are under no obligation (1) to maintain the confidentiality of any comments; (2) to provide compensation for any comments; or (3) to respond to any comments. We may, at our discretion, monitor, edit, or remove content that we, in our sole judgment, consider unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service. You agree that your comments will not infringe upon the rights of any third party, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. Furthermore, your comments will not contain libelous or otherwise illegal, abusive, or obscene material, nor will they contain any computer virus or other malware that could disrupt the operation of the Service or any related website. You may not use a false email address, impersonate someone else, or otherwise deceive us or third parties regarding the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility and bear no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The submission of personal information through our store is regulated by our Privacy Policy. Please refer to our Privacy Policy for further information.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
On occasion, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions, particularly concerning product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or cancel orders if any information in the Service or on any related website is found to be inaccurate at any time without prior notice (including after you have submitted your order). We are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. The presence of a specified update or refresh date in the Service or on any related website should not be construed as an indication that all information in the Service or on any related website has been altered or updated.
SECTION 12 - PROHIBITED UTILIZATION
In addition to the other restrictions outlined in the Terms of Service, you are expressly prohibited from employing the site or its content for the following purposes: (a) engaging in any unlawful activities; (b) encouraging or involving others in unlawful acts; (c) violating any local, state, provincial, federal, or international regulations, rules, statutes, or ordinances; (d) infringing upon our intellectual property rights or those of others; (e) engaging in harassment, abuse, defamation, insult, harm, intimidation, slander, discrimination based on age, disability, ethnicity, gender, national origin, race, religion, sexual orientation, or any other characteristic; (f) submitting deceptive or inaccurate information; (g) transmitting viruses or any other forms of malicious code that may disrupt the operation or functionality of the Service or any affiliated websites, other web resources, or the Internet; (h) collecting or tracking the personal information of others; (i) engaging in spamming, phishing, pretexting, web crawling, or data scraping; (j) pursuing obscene or immoral objectives; or (k) interfering with or attempting to circumvent the security measures of the Service or any associated website, other websites, or the Internet. We retain the right to terminate your access to the Service for violations of any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee, represent, or warrant that your use of our service will always be uninterrupted, secure, timely, or error-free. We do not warrant the accuracy or reliability of any results obtained from using the service. You acknowledge that we may, at times, suspend the service for indefinite periods or terminate it without prior notice.
You explicitly acknowledge that your utilization of the service, or any inability to do so, is solely at your own risk. The service and all products and services provided to you via the service (unless otherwise explicitly stated by us) are provided on an "as-is" and "as-available" basis, without any express or implied representations, warranties, or conditions, including, but not limited to, implied warranties or conditions of merchantability, fitness for a specific purpose, merchantable quality, durability, title, and non-infringement.
In no event shall Xotic Packs Inc., our officers, directors, employees, agents, affiliates, contractors, interns, service providers, suppliers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products obtained through the service, or for any other claim related to your use of the service or any product, including, but not limited to, errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or made available through the service, even if advised of the possibility of such damages.
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability shall be limited to the maximum extent allowed by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold Xotic Packs Inc., our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party as a result of or arising from your violation of these Terms of Service or any documents referenced herein, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall remain enforceable to the fullest extent allowed by applicable law, and the unenforceable portion shall be severed from these Terms of Service; such a determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The responsibilities and liabilities of the parties incurred before the termination date will persist beyond the termination of this agreement for all purposes. These Terms of Service remain in effect unless terminated by either you or us. You can terminate these Terms of Service anytime by informing us of your desire to discontinue using our Services, or when you cease using our website. If, in our sole discretion, you breach or we suspect you have breached any term or provision of these Terms of Service, we also have the right to terminate this agreement without prior notice, and you will remain accountable for all amounts due up to the termination date. Furthermore, we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of our part to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. These Terms of Service, along with any policies or operational regulations posted by us on this site or concerning The Service, constitute the complete agreement and understanding between you and us, governing your use of the Service. These terms replace any previous or concurrent agreements, communications, and proposals, whether verbal or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in interpreting these Terms of Service will not be construed against the party that drafted them.
SECTION 18 - GOVERNING LAW
These Terms of Service, along with any separate agreements through which we provide you Services, will be governed by and interpreted in accordance with the laws of California.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can access the most current version of the Terms of Service at any time on this page. We reserve the sole discretion to update, modify, or replace any part of these Terms of Service by posting updates and revisions on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
For questions regarding the Terms of Service, please contact us at xoticpacks@gmail.com