Legal
Terms and Conditions
Welcome to xcbay.com. XCBAY provides services to you on xcbay.com subject to the terms set forth herein. When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change these terms and conditions at any time. By accessing or otherwise using xcbay.com you are stating your agreement to the Terms and Conditions contained herein. Please read them carefully.
Use of XCBAY
By using xcbay.com you represent and warrant that you are more than 18 years of age or are visiting xcbay.com with the permission and supervision of a parent or guardian.
xcbay.com hereby grants you a limited, revocable, non-exclusive license to access and use the xcbay.com website on your computer or mobile device.
You may not reproduce, modify, display or otherwise make commercial use of any content from the XCBAY website unless expressly permitted in writing by the company.
User Reviews, Photos & Comments
Anything posted or otherwise submitted to XCBAY, whether on the xcbay.com website, mobile device, blog or via any form of social media, will be treated as public and non-proporietary.
By submitting photographs, comments or other materials to XCBAY, you grant XCBAY a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions.
All such submissions shall automatically become XCBAY’s sole and exclusive property. In addition, when you post photographs, reviews or comments to xcbay.com or on any of XCBAY’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission.
You further represent and warrant that you own or otherwise control all rights to any content submitted to XCBAY.
Intellectual Property Rights
All graphics, images and content on the xcbay.com website and blog belong exclusively to XCBAY, or its affiliates.
The use of any XCBAY trademarks or service marks without XCBAY’s express written consent is strictly prohibited.
You may not use XCBAY’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit XCBAY.
In addition, you may not use any of XCBAY’s trademarks or service marks in meta tags without XCBAY’s explicit prior consent.
Privacy Policy
Please review our Privacy section.
International Access
Customers who access and use the xcbay.com website from outside of the United States are responsible for complying with their local laws and regulations.
DISCLAIMER; LIMITATION OF LIABILITY; RISK OF LOSS TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
Errors
In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.
Outside Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. We are not responsible for the operation of or content located on or through any such site.
Copyright Complaints
XCBAY deeply respects the intellectual property of others. Please contact support@xcbay.com if you believe that any content on xcbay.com constitutes an infringement of your copyrights.
Applicable law; Disputes; Remedies
The laws of the State of New York will govern these disclaimers, terms, and conditions.
Any dispute relating in any way to your visit to the xcbay.com website or products purchased on xcbay.com shall be submitted to confidential arbitration in New York, New York, except in regards to issues regarding violations of XCBAY’s intellectual property rights, which we may seek relief from in any state or federal court in the State of New York.
By using the xcbay.com website, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York.
By using xcbay.com you agree that XCBAY’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate.
As such, XCBAY shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
Severability
If any the provisions in these Terms of Use are deemed invalid or otherwise unenforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.
Our Address
Please send any questions regarding these Terms of Use to:
support@xcbay.com
Version 12/12/2019