Thank you for visiting XSET.com. XSET, LLC operates XSET.com, as well as any of its mobile and tablet applications (these may be referred to here as “XSET”, “we”, “us”, “our”, “the site” or “our site”).
If you make a purchase on the site, your purchase will be subject to the policies located on the Shipping / Returns page, which are hereby incorporated into and made part of these Terms.
The site is for your personal, non-commercial use only. You may not modify, copy, distribute, display, transmit, publish, license, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, the contents of the site, including any product or service that is not XSET’s without our prior express written permission.
Unless otherwise noted, the design of the site, the site as a whole and all materials and content included or made available on it (including graphics, logos, illustrations, designs, text, buttons icons, images, video clips, audio clips, page headers, digital downloads, software, scripts, HTML code and the “look and feel” of the site), as well as any intellectual property rights therein, is the property of XSET, its partner brands or content providers and is protected by the United States and international copyright, patent, trademark and other intellectual property laws.
In addition, graphics, logos, button icons, page headers, trade names, and service names and marks, included or made available through any XSET service are the property of XSET and may not be used, altered, modified or copied in any manner without our prior written permission.
All other trademarks not owned by XSET that appear on the site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by XSET or our affiliates and whose marks may similarly not be used, altered, modified or copied in any manner without our prior written permission.
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We welcome your ideas and feedback about the site, our products and our services; we do not, however, accept confidential or proprietary information. So, when you send us creative ideas, suggestions, plans and proposals or other submissions that are unsolicited by us, or you respond to our requests for specific submissions, such as contests (both types of responses together called, the “comments”), whether on the site, by email, postal mail or otherwise, these comments are considered not-confidential and non-proprietary to you. By submitting comments, you are granting XSET an irrevocable, perpetual and unrestricted right to use, copy, transmit, publish and distribute them for any purpose whatsoever, including advertising. You agree that XSET has no obligation to maintain the comments in confidence, to compensate you for them, or to respond to them.
YOUR USE OF THE SITE
You agree to use the site for lawful purposes only and that you are responsible for your use and communications on it. You may not, and you agree that you will not, post or transmit any unlawful, infringing, threatening, defamatory, libelous, harassing, vulgar, obscene, hateful, or otherwise objectionable material of any kind, including material that infringes on third-party intellectual property rights, encourages criminal conduct or conduct that would give rise to civil liability or otherwise violates any applicable law whether on or through the site.
Without limitation, you may not: attempt to gain unauthorized access to the site or data not intended for you; tamper with or log-in on to one of our servers or a registered account; probe, test or attempt to probe or test, the vulnerability of the site or any network connected to the site; breach security or authentication measures on the site or any network connected to the site; interfere or attempt to interfere with the site’s operation, our provision of services to our other visitors, or our hosting provider or network, including, without limitation, via submitting a virus, overloading, flooding, email bombing or crashing the site; forge any TCP/IP packet header or any part of the header information in any email or transmission or posting to our site; attempt to impair, deactivate, avoid, bypass or remove any measure we implement to protect the site or the content on it; use the site or its content for any unlawful purpose or any purpose prohibited by these Terms or to solicit someone else to undertake any illegal activity or other activity prohibited by these Terms.
DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
Except as otherwise expressly provided, the site, all content, products and services are provided on an “as is” and “as available” basis. XSET, any subsidiary or other affiliated companies, and their respective officers, directors, agents, employees and other representatives (collectively, the "XSET Parties"), expressly disclaim any and all warranties of any kind, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
Your use of the site is at your own risk. XSET does not warrant that: your use of the site will be uninterrupted, timely or error free; the site or its server are free of viruses or other harmful elements; or that the quality of any products, services, or other material obtained by you through the site will meet your expectations or needs. While we aim to provide accurate information, XSET does not warrant or make any representations about the accuracy or reliability of information on the site.
The XSET Parties shall not, under any circumstances, be liable to any person or entity for any direct or indirect loss, damages (whether actual, consequential, punitive, special or otherwise), injury, claim or liability of any kind arising out of, in connection with, or relating to the use of, or inability to use, the site, or any information or materials on the site. XSET Parties are not liable for any incorrect or inaccurate information; unauthorized access to or disclosure of your transmissions or data; statements or conduct of any third-party on the site, including any defamatory, offensive or illegal conduct of any user, or any other matter relating to the site or any third-party site.
LINKS TO OTHER SITES
We may feature links to third-party websites that are not owned or controlled by XSET. We do not endorse or assume any responsibility for these websites or their information, products or services. If you access any such third-party website, you do so at your own risk, and you agree that XSET has no liability from your use or access to thereto.
DENIAL OF ACCESS
SEVERABILITY AND WAIVER
If any provision of these Terms is deemed invalid, void or unenforceable for any reason by a court of competent jurisdiction, that provision will be severed from the rest of these Terms and the validity and enforceability of any remaining provisions will not be affected.
Any failure by XSET to insist upon strict adherence to any of these Terms shall not constitute a waiver of such term and shall not be considered a waiver, or limit our rights thereafter to insist upon strict adherence thereto or to any other terms hereof.
These Terms shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles.
July 15, 2020