Terms and Conditions
1.Agreement of Terms.
By ordering online and making a purchase, the customer acknowledges that they have read, understand, and agree to the complete terms and conditions set forth here.. The customer also releases The XPT and their affiliates from any claims, demands, damages, losses, costs, causes of action, fees, extended shipping times or expenses which may arise out of any dispute regarding the ownership, shipping, delivery, operation, sale, control, usage, construction, refurbishment or possession of the equipment.
2.Shipping, Delivery & Installation. Shipping times are estimations and can change due to factory back orders, operating restrictions, supply chain issues and other factors experienced by manufactures and warehouses during this time. Your shipping estimate is at the bottom of the paid invoice. For shipping status please email [email protected]. All shipping/delivery information you provide is considered factual, and if the details vary from that then the customer will be responsible to pay the amount needed to cover the additional costs to handle the final delivery or inside setup. The standard delivery is curbside to the front of the property (driveway) or as specified on the invoice. Please inspect equipment at delivery and prior to signing the Bill Of Lading paper document. Note any damages on that paper document the shipping company asks you to sign. If nothing is noted on the shipping documents then the XPT will not be responsible for transit damages and we can’t file a freight damage claim. Any damages must be photographed and emailed to [email protected] within 24 hours so we can assess the damage/parts needed and file a claim. Customer is responsible for accepting delivery at the front of the property, moving equipment, and removing/disposing of the pallet//packaging unless otherwise specified on the invoice. Inside Garage Delivery can not be guaranteed due to COVID-19 and safety precautions upheld by shipping companies. The shipping companies are not responsible for bringing the equipment inside and setting up. If you purchased installation then the technicians will contact you after delivery to schedule an appointment for installation. They’ll meet at the delivery location, take the equipment to the room of choice, assemble and test the equipment. For White Glove, the technicians will call you to make an appointment. They will pick up the equipment from the shipping company and then will deliver / install at the same time.Please email regarding anything shipping, delivery, and installation.
3.Cancellations, Refunds & Returns. Customers have 24 hours to cancel their order and receive a 100% refund. All cancellation requests must be emailed to [email protected]. After 24 hrs, all sales are final. If the customer cancels while the order is in transit or after delivery they will be responsible for the refund processing fee of 25% of the total cost of the product, plus all inbound and outbound packaging / shipping / insurance costs. Shipping and installation costs are non refundable. Delayed shipping lead times, back orders, delivery scheduling conflicts, difficult installs, cosmetic blemishes that don’t affect the functionality, freight damage, etc all are not deemed reasonable cause for cancellation/refunds, unless otherwise agreed upon by both parties in writing. All refunds will be issued in the original payment method unless otherwise mutually agreed upon. Card transactions will be refunded in the same method and all other forms of payment will be refunded with a certified bank check.
4.Warranty Coverage. All New equipment will have the manufacturer’s warranty for parts and labor. The warranty coverage will begin the day the equipment is ordered just like the manufactures, and for only the original purchaser stated on the invoice. Ask your sales rep for specific warranty info. The warranty on Certified Pre Owned equipment will begin at the same time and will cover the main drive motor, deck, flywheel, and frame for 1 year. The switches, wires, and electronics will be covered for 30 days. The warranty does NOT cover fans, speed/distance calibrations, heart rate grips, batteries, monitors, cosmetic pieces such as plastic shrouds, decals/stickers, loud abnormal noises and workout programs that stop functioning. This warranty does not cover normal wear and tear parts like running belts, belt alignments/adjustments or damage to equipment caused by incorrect electrical wiring. However if the plastics are missing, parts defective, abnormal noises or workout programs not working upon delivery, The XPT and their affiliates will send replacement parts or technician to repair. Labor is provided on site for 1 year but a nominal trip fee may be required. Labor covers the warranted parts only. Pre Owned / Clean & Serviced condition warranty will only be on main mechanical components such as drive motor, deck, frame, and flywheel for 30 days. The switches, wires, and electronics will be covered for 7 days. The warranty does NOT cover fans, speed/distance calibrations, heart rate grips, batteries, monitors, cosmetic pieces such as plastic shrouds, and decals/stickers, loud abnormal noises and workout programs that stop functioning. This warranty does not cover normal wear and tear parts like running belts, belt alignments/adjustments or damage to equipment caused by incorrect electrical wiring. Labor is provided on site for 7 days but a nominal trip fee may be required. Labor covers the warranted parts only. The warranty applies to the products only while a. it remains in the possession of the original purchaser, b. it has not been subjected to accident, misuse, abuse, improper service c. claims are made within the warranty period. Customers must provide proof of reasonable and necessary maintenance for warranty claims if in a commercial setting. GE will not reimburse a customer for warranty service & repairs not scheduled by us unless authorized by one of our representatives in writing with an agreed price. Although we try to expedite each service call, we cannot be held liable for lack of parts/labor due to replacement parts backorders and/or availability of service technicians in your area. Placing your equipment outside exposing it to the weather will void the warranty. For all warranty and customer service issues please email your invoice number, a detailed description of the issue, and pictures / videos showing the problem [email protected]. The picture / video documentation is required to start the repair process and that enables the technicians to properly diagnose the issue and order the parts. Our tech may call you to provide phone support before any tech is dispatched on site.
5. If equipment is defective/damaged/not functional upon delivery, you agree to let us repair it or ship you a replacement unit at no cost to you.
6.Invoice Accuracy. Please review your paid invoice to ensure all the information is correct. If there’s a mistake email [email protected] to have it revised. After 24 hours of this agreement, any changes may result in additional fees.
7.Attorney Fees. If any legal proceeding is necessary to enforce or interpret the terms of this Agreement or to recover damages for breach of this Agreement, the prevailing party shall be entitled to reasonable attorney fees as well as reasonable costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
Payments: All orders must be paid in full before shipping. We accept Visa, MasterCard, American Express, Discover, Checks and Wire Transfers.
We rely on 3rd party freight and trucking companies and installers/techs to deliver within the quoted time frame and will not be liable for delays due to their schedule, weather, roadside conditions, lost/stolen/damaged equipment, lack of technician coverage in the area, replacement part/product availability or any other unforeseen situation. New orders coming from the factory may periodically delayed due to factory back orders, quality assurance inspections, vendor’s shipping schedule and other unforeseen events that may occur. Most New, Certified and Pre Owned equipment will ship in 4 – 6 weeks but may be delayed up to 60 business days.
Some items may have rush delivery available of 5-10 business days which is 1-2 weeks not including weekends or holidays. We send tracking information once the equipment leaves the warehouse and you must be ready to accept delivery when the freight carrier or installer calls you. Failure to be available to accept delivery will result in you being responsible for all storage fees and if the carrier must ship back to the warehouse you will be responsible for all shipping cost plus 10% refund processing fee.
If you need your order rushed sooner, assembled, delivered inside or any other special request – call 1-800 766 8389 or email [email protected] for an additional quote. All inquiries will be responded to within 24 hours.
Returns: Please make sure you’re eligible for a return, then email pictures of the unit in it’s original packaging/box and strapped to a pallet to [email protected]. Customer support team will coordinate the pick up and give confirmed date and time window. This may take up to approximately 7-14 business days.
To return the item it must be placed curbside or where it was originally delivered for pick up with original packaging and pallet. You must get a freight quote to our warehouse and pay the outbound shipping cost. We can also assist with freight quote and schedule pickup.
Refunds: Once we receive your return, we will send you an email to confirm the refund approval. Refunds are approved and processed within 2-7 business days of us receiving your equipment or the cancellation confirmation. Your refund should post to your account by the 7th business day and that does not include weekends or holidays. Please keep in mind outbound shipping and installation charges are paid to 3rd party vendors and are non refundable.
All credit/debit card transactions will be refunded in the original form of payment which could take an additional 2-7 business days depending on your bank or method of payment. Wire transfers, ACH bank transfers and checks will be refunded by check only and may take up to 30 business days after requesting refund/cancellation via email. Please call us, email customer support, chat on the website or contact your account manager with any questions or if you don’t see your refund reflected in the approximate time frame.
We email tracking information once the equipment ships. You must be available to accept delivery of equipment when notified as the freight carrier will only hold equipment at the terminal for 1 – 3 days. After that, you may be responsible for storage fees. If you are not available to receive the equipment, the freight carrier reserves the right to ship it back to the warehouse and you’ll also be responsible for shipping both ways plus 10% refund processing fee.
PLEASE double check the address you submitted online or via phone on your invoice/email confirmation, equipment dimensions, your doorway width, ceiling height, weight/usage capacities and electrical requirements to ensure you can use the equipment properly. We make electrical requirements and dimensions clearly visible on every product page and The XPT and their affiliates will not be held liable if any issues occur resulting from but not limited to those mentioned. Those circumstances could be subject to processing fees, inbound/outbound shipping costs, voided warranty and are not grounds for a refund or dispute.
We created this return policy to make it simple and fair for everyone. Our goal is to make sure you’re happy with your purchase. We always strive to do what’s right and be understanding of tough situations. Please call or email us if you have any questions or concerns.
Important Shipping information: We ship pre owned and some new (Jacobs Ladder) fully assembled on a pallet, it will come to you CURBSIDE delivery. We ask that when the shipment comes to you that prior to signing the Bill of Lading (BOL), that you inspect the package for damages. If you see any damages, notate it on the form, take photos and then ACCEPT the package. Doing so will allow us to file a claim on your behalf with the freight company for the repairs. Failure to notate or contact us within 24 hours will result in the freight company denying the claim and us being able to offer a refund or be held responsible. Unfortunately, we have had customers in the past who damaged their equipment after delivery and they attempted to blame it on the freight carrier days later.
If an item arrives damaged or non-operational you must notate it on the BOL and notify us within 24 hours. Then allow us to send a technician out to inspect and service the equipment. If they can’t get it working or fixed then you must accept a replacement unit at no cost to you or the normal return policy applies.
Delivery Information: Due to the quality and size of commercial and high end residential fitness equipment we mostly ship fully assembled and products can be up to 500+ pounds, that being said the packages are very large and will require that lift-gate service is applied to the order. The freight carriers will assist with bringing the unit down to ground level CURBSIDE of your home or business using the lift-gate. The drivers are NOT responsible for any of the following: installing into your residence/bringing past the curb of your home, un-packaging the equipment, or removing the packaging/pallets from your place.
Installation & Set Up Information: If you purchased Installation/Assembly that means the freight delivery company will deliver curbside (or if you pay for inside garage delivery) and the technicians will contact you later and take the equipment from where it’s delivered, to the room of choice outlined on your invoice. We rely on 3rd party technicians to install/assemble equipment and we require 7 business days after delivery for the installers to make contact to schedule the service, all subject to the technician’s schedule. If you do not make time to allow the technician in the home, cancel an appointment, or you do not take the proper measurements and the unit does not fit in the room of choice – we will not be held liable and that is not grounds for a refund. However, if you would rather coordinate the installation/set up on your end then we will refund the installation/set up before the job is started.
White Glove Set Up Information: If you purchased White Glove that means the technicians will pick up the equipment from the terminal and deliver/install/assemble at the same time. We rely on 3rd party technicians for White Glove and we require 7 business days after delivery for the installers to make contact to schedule the service, all subject to the technician’s schedule. If you do not make time to allow the technician in the home, cancel an appointment, or you do not take the proper measurements and the unit does not fit in the room of choice – we will not be held liable and that is not grounds for a refund. However, if you would rather coordinate the White Glove on your end then we will refund the White Glove before the job is started.
If you are not contacted by the installers within 3 business days of delivery (not including weekends or holidays) please contact Live Chat Support open 7 days a week from 5am – 10pm PST email your account manager and he will reply within 1-2 business days with a plan of action to either refund you the installation/assembly or find another technician in your area. We will not be held liable for lack of technician coverage in your area or your schedule that prevents them from coming into your home/business to complete the installation. If we cannot coordinate the install after 7 business days we will provide a refund of that cost and still complete the job.
If you need to change the original order address at any time you must make the request to “[email protected]” so our service team can look up your order before it ships. After it ships and if it’s possible to have your freight re routed with the carrier, you will be responsible for all fees.
If you need your equipment installed inside or assembled please email “[email protected]”, call 1-800 766 8389 or speak with your original sales rep for a quote. Please note not all areas have installation/assembly services available.
Warranty: This warranty applies only against defects discovered within the warranty period and extends only to the original purchaser of the product. Parts repaired or replaced under the terms of this warranty will be warranted for the remainder of the original warranty period only. This warranty does not cover damage caused by abuse/misuse by the user, accident, improper care, negligence, unauthorized modification to machine or electrical outlet, incorrect electrical wiring, electrical power fluctuations, normal wear/tear, failure to perform required maintenance, repairs/attempted repairs by anyone not authorized by The XPT and their affiliates, shipment damage, installation or removal. The XPT and their affiliates accepts no liability for accidents, equipment damage, and consequences of equipment failure caused by electrical wiring not in compliance with electrical codes and failure to follow electrical requirement instructions. The XPT and their affiliates hereby provides customer with a full manufacture’s warranty as stated in the owner’s manual, unless otherwise stated on original invoice during promotional periods. Extended part warranties are available in 3, 5 and 10 year contracts. The warranty shall start on the date the Equipment is delivered or received by the Customer. This limited warranty does not cover normal wear and tear of the Equipment or gross misuse of the product. The customer is required to maintain the belt and deck through proper maintenance including regular adjustments to prevent the belt from sliding over to one side and tearing per the manual and amount of use.
Labor Coverage: The labor covers those parts and all billable hours of labor and may require a nominal trip fee if you live in a remote area or there are no service techs in your area. All requests for service must be emailed to “[email protected]” with a picture/video and detail of the issue. This is so our technicians can diagnose the issue and confirm exactly what parts are necessary for repair.
We respond to all service requests within 5 business days and schedule technicians within 7 -14 business days if not sooner. Service times may extend if you live in a remote area or during the winter peak season. Commercial clients must keep their equipment regularly maintained per the manufacturer’s recommendations during the warranty period. The location of the equipment must be the same as on the The XPT and their affiliates invoice.
Conditions & Restrictions: This Warranty is valid only in accordance with the conditions set forth below: The warranty applies to the products only while a. it remains in the possession of the original purchaser and proof of purchase is demonstrated, b. it has not been subjected to accident, misuse, abuse, improper service c. claims are made within the warranty period. This warranty does not cover damage or equipment failure caused by electrical wiring not in compliance with electrical codes or manufacturers owner’s manual specifications, or failure to provide reasonable and necessary maintenance as outlined in the owner’s manual. The XPT and their affiliates will NOT reimburse a customer for warranty service & repairs not scheduled by us unless authorized by a one of our representatives in writing with an agreed price. Although we try to expedite each service call, we cannot be held responsible for parts backorders or availability of service technicians in your local area.
This warranty shall not apply to the following: Software version upgrades. Normal wear and tear, consumables and cosmetic items, including, but not limited to the following: grips, seats, labels, belts, cables, pulleys, cables, weight stacks, bearings, guide rods, accessories or upholstery unless otherwise noted on the original invoice. Service calls to correct installation of the equipment or instruct owners on how to use the equipment. Pickup and delivery involved with repairs. Any part or labor costs incurred beyond the applicable warranty period. However, you will always have access to our wholesale parts and technicians if you need a quote.
“Used” Integrated or attachable LCD or Personal Viewing Screens (PVS) are EXCLUDED from all The XPT and their affiliates warranties. The only guarantee offered to Customer is that the PVS/LCD screen is guaranteed to work on arrival. The XPT and their affiliates liability and responsibility for the screens ends 3 days after product was received. If the location changes please notify The XPT and their affiliates prior, in writing or email. If you are moving or relocating the equipment, The XPT and their affiliates reserves the right to request proof that the equipment was moved by a qualified company or technician to ensure transferability of the warranty to your new location.
Extended Warranty: Some equipment may qualify for an extended warranty plan. We have a 3, 5 and 10 year extended part warranty available. Please ask your XPT sales representative for price as it fluctuates depending on the brand/model and if you’re a residential or commercial client. The extended warranties will begin the day after the original warranty ends and do not run concurrently with the original warranty. To schedule service please call 1-800 766 8389 Monday – Friday 5am – 5pm PST. You can also email [email protected] for assistance after hours.
Low Price Guarantee: We strive to give our customers the best service and pricing available anywhere. If you find a better price on any product at another authorized retailer, we will try to meet or beat that price.
● Complete competitor’s price is subject to matching (including any taxes, shipping, expedited shipping times, handling charges and warranty)
● Competitor must be an authorized dealer (as listed by manufacturer)
● Product must be in-stock and be brand new merchandise.
● No other offers or discounts may apply to price match.
● One time price match applies within the 365 days of purchase.
Manufacturer instant rebates or package bundles are not eligible for price matching, as these promotions are available to new purchases only- within the specified promotional time frame. These special offers will not be honored outside of their promotional periods. All Pre Owned/Certified units must undergo the same restoring process including certified tech inspection, disassembly, rebuild, new part replacement, new paint and warranty coverage.
There is no reason for a Chargeback to ever be filed. If You think that Your credit card, debit card or Payment Method was used fraudulently on the Website, or if You want to RETURN or CANCEL an order, or for any other concern, please contact us for immediate resolution. We will be happy to help You.
1.1. If We determine in Our reasonable discretion that a Chargeback is likely for any transaction, We may withhold the amount of the transaction until the expiration of the period during which the User may dispute the transaction, the Chargeback is processed, or We determine that a Chargeback will not occur.
2.1. We accept the payment methods published at https://www.thexpt.com. You must provide an authorization through clicking “I Agree” for online payment. Your authorization is a binding agreement for Us to charge Your card or Payment Method; and as such You waive any right to file a Chargeback for any cause (excepting fraud), including a Force Majeure event, as defined in the Terms and Conditions, and agree to this Chargeback Policy.
2.2. YOU AGREE THAT YOU WILL NOT FILE A CHARGEBACK FOR ANY AMOUNTS CHARGED TO YOUR CREDIT, DEBIT CARD OR PAYMENT METHOD ON THE WEBSITE. If You want to dispute an order or charge, You agree to file for a Return or Cancellation, not a Chargeback.
2.3. If You file a Chargeback for a payment initiated by You or any authorized user of Your card or Payment Method, You agree that we may recover the amount of the Chargeback by any means deemed necessary, including, but not limited to, recharging Your card or Payment Method or having the amount recovered by a collection agency.
2.4. You understand and agree that in the event You initiate a Chargeback with a Payment Method provider for a Product or Service You have received and in fact owe payment for, and You are successful in recovering the disputed funds that would otherwise be owed to the Us, We will make every effort to provide documentation to the Payment Method provider that You did receive the Product or Service. We may in Our sole discretion dispute such Chargeback through all available means, including without limitation, by third-party debt collection services, in which event We shall be entitled to recover the cost of collection.
2.5. Further, We reserve the right to issue an invoice/send a bill to You for any and all Product or Service that We have sold and delivered to You. You hereby agree to pay the invoice or bill in full in the event that a Chargeback dispute is initiated. Should You fail to make appropriate payment, We shall pursue any and all available legal and equitable remedies available by law.
2.6. You acknowledge and agree that We will be entitled to recover any Chargebacks that may be imposed on Us by a Payment Method provider or third parties, plus associated fees, fines, expenses or penalties, as well as any processing or any other fees whatsoever incurred by Us on those Chargebacks, in addition to any other sums that may be due hereunder. We may recover these amounts by debiting Your account or setting off any amount owed to You.
3. Contesting Chargebacks
3.1. You agree to assist Us when requested, at Your expense, to investigate Your transaction with regard to the Chargeback. You agree to cooperate and provide all information that We request from You for the purposes of investigating and/or contesting a Chargeback. We will send such requests to the email address that You provide to Us and You must provide a full response to the request within fourteen (14) days, unless another timeframe is specified in the request.
3.2. Notwithstanding the termination of the availability of the Website or Our Products or Services to You for any reason, We shall remain entitled to contest and recover Chargebacks from You (and, where if relevant, from any party who has provided Us with a guarantee or security relating to Your obligations under this Policy).
4. Return of “Product Not As Described”
4.1. You agree not to file a Chargeback for the reason of “Product Not As Described”. If You want to dispute an order or charge, You agree to file for a Return or Cancellation, not a Chargeback.
4.2. Return Shipping at Your Expense. If the Payment Method provider resolves a Chargeback in Your favor, You acknowledge and agree that You will return the Product to Us at Your own expense. You have to return the Product in the original packaging within 100 (one hundred) days of Your purchase with receipt or proof of purchase (“Return Period”). If the Return Period has passed since Your purchase, You acknowledge that by then, You have waived the right for a Chargeback or a Return.
4.3. Conditions of Product for Return. In order for a return of a Product to be accepted, it must meet the following conditions:
4.3.1. The Product must be unused.
4.3.2. The Product must be in its original state and packaging with the original tags attached.
4.3.3. Stickers on the Product box or packaging should not be removed or altered in any form.
4.4. We do not accept return or exchange Products that were:
4.4.1. Obtained from a source other than the Website.
4.4.2. Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.)
4.5. You will return the Product to us in the same condition that We sent it to You. We are not responsible for any loss or damage to the Product during shipment. We cannot be held liable for any loss, theft, breakage, delay, or failure to deliver caused by the shipping company. We will not be liable if We do not receive the returned Product or if We will receive it not in the same condition as You have sent it.
4.6. You must prepay and insure the shipping charges for all returns. Shipping and handling charges are not refundable.
4.7. After We receive the returned Product, Our team of professionals will inspect it.
5. Chargeback Fraud
5.1. A fraudulent Chargeback occurs when a customer attempts to dispute a charge for a Product or Service that he/she has actually purchased. Attempting to dispute a valid credit card charge is fraudulent and is illegal. We do not tolerate Chargeback Fraud, and We follow the following procedure when it takes place:
5.2. If You attempt to dispute or deny a valid charge, We will first contact You directly, because most disputed charges occur as a result of the customers not recognizing Our charge on their statement. You will have ten (10) calendar days to reverse Your dispute upon receipt of Our e-mail, letter, or phone call.
5.3. If You do not reverse the dispute or otherwise attempt to resolve the situation, We will file a police report with Your local authorities and seek criminal charges against You.
5.4. Your account will be turned over to a collection agency, which will initiate collection activities as well as report Your account as delinquent to all of the major credit bureaus.
5.5. If You still do not resolve the situation by either reversing the dispute or reimbursing Us for the amount disputed plus Our bank fees, We will file a civil lawsuit against You for the amount disputed, for bank fees related to the Chargeback, for additional damages for the harm Your Chargeback causes to Our merchant credit record, and for punitive damages as the courts do not take credit card fraud lightly.
6. Chargeback Abuse Policy
6.1. You agree not to abuse any Payment Method provider’s Chargeback policy and this Chargeback Policy.
6.2. In the event that You have filed a Chargeback, and the Chargeback was resolved in Our favor by the Payment Method provider, You agree to terminate Your Chargeback with the Payment Method provider immediately, and You agree to reimburse Us for any costs incurred in researching and responding to such Chargeback, including without limitation, Our actual costs paid to the credit card processor or Our banks, other third parties, and the reasonable value of the time of Our employees and owners spent on the matter, as determined in Our discretion in good faith. 5.6. Disputes that’s decided in our favor, the customer will be responsible for all fees / costs to resolve plus a fee equal to 25% of the total order amount. You agree to contact us via phone for cancel/refund resolution before contacting your card company or you’ll be responsible for a 25% fee. If you contact your card company to chargeback after we email your refund confirmation you’ll be responsible for a 25% fee of the total order amount.
6.3. In the event that a Chargeback is placed or threatened on a purchase, We reserve the right to report the incident for inclusion in Chargeback abuser database(s) of Our choosing and in Our sole discretion. The information reported will include name, email address, order date, order amount, IP address, full address, and phone number. Being listed on such databases may make it more difficult or even impossible for the abuser to use credit card(s) on future purchases with Us or other merchants. Chargeback abusers wishing to be removed from the database shall make payment to Us for any outstanding amount owed to Us + $150 for processing and handling by wire transfer or such other means as We may require. All legal fees and collection fees accrued in the entire process will be added to the total collection amount owed by abuser.
6.4. ALL UNRESOLVED CHARGEBACK ABUSE ISSUES COMMITTED WILL IMMEDIATELY BE REPORTED TO MAJOR CREDIT BUREAUS, CHARGEBACK ABUSERS DATABASES, AND COLLECTION COMPANIES. THIS CAN SEVERELY DAMAGE CREDIT RATINGS FOR UP TO 7 YEARS.
TERMS OF SERVICE
This website is operated by The XPT and their affiliates. Throughout the site, the terms “we”, “us” “our” and “The XPT and their affiliates” will refer to The XPT and their affiliates.. The XPT and their affiliates offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to 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 express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. We do reserve the right to use your order as testimony to our company doing business and will be depicted in a fair and accurate manner. Any written communication may be used for advertising or promotion.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have 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 are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to 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 be available exclusively 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 display as accurately as possible the colors and images of our products that appear at the store. 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 anytime without notice, at the sole discretion of us. 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 you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail 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 detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree 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 have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to 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 change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The XPT and their affiliates, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers 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 based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any 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 otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless The XPT and their affiliates and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, 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 determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Las Vegas NV.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically 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 acceptance of those changes.
SECTION 23 – IMPORTANT INFORMATION
For any product described below that fails to conform to its warranty or in instances where the product is deemed defective or unserviceable, The XPT and their affiliates will provide, at their option, one of the following: (1) repair; (2) replacement; (3) refund of the purchase price not including original shipping charges; or (4) issue the Customer store credit for the full value of the merchandise which can be applied towards the purchase of any good or service that The XPT and their affiliates offers.
You agree to defend, indemnify and hold harmless The XPT and their affiliates and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service/Products, by you or any person using your account and password, or b) a breach of these Terms.
The XPT and their affiliates and/or its suppliers shall have no obligation or liability, whether arising in contract (including warranty), tort (including active, passive or imputed negligence and strict liability), or otherwise, for damage to the equipment, property damage, loss of use, revenue or profit, cost of capital, cost of substitute equipment, additional costs incurred by buyer (by way of correction or otherwise) or any other incidental, special, indirect, or consequential damages, whether resulting from non-delivery or from the use, misuse or inability to use the product.
Limitation Of Liability
In no event shall The XPT and their affiliates nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
SECTION 22 – EXCLUSIVE REMEDIES
For any product described below that fails to conform to its warranty or in instances where the product is deemed defective or unserviceable, The XPT and their affiliates will provide, at their option, one of the following: (1) repair; (2) replacement; (3) refund of the purchase price not including original shipping charges; or (4) issue the Customer store credit for the full value of the merchandise which can be applied towards the purchase of any good or service that The XPT and their affiliates offers