Terms of Use

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”).

By using XSET or purchasing something from us, you agree to these Terms of Use (also called the “Terms”). Please read these Terms of Use carefully as they govern your use of the site.  By accessing or using any part of the site, you agree to be bound by these Terms.  If you do not agree to these Terms, please do not access the site or use any services. 

We may modify these Terms of Use from time to time and will post changes on this page. Your continued use of the Site after any such modifications constitutes your continued acceptance and consent of the Terms as updated. If you do not agree with the changes or modifications, you must immediately stop using the Site. 

PURCHASE POLICY

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.  

Shopping at www.xset.com
XSET reserves the right to refuse or cancel any orders placed that is deemed suspicious or fraudulent. Please note that we are not responsible for the delay in processing system-flagged orders.

PRIVACY POLICY

Our Privacy Policy applies to the use of the site, and its terms are hereby made part of these Terms of Use.  You can see our Privacy Policy here.

NON-COMMERCIAL USE 

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. 

PROPRIETARY RIGHTS

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.

We reserve the right to edit or remove any comments or submissions that we determine, in our sole discretion, violate any party’s intellectual property rights or these Terms of Use, or contain anything libelous, defamatory, abusive, threatening, obscene, pornographic, hateful, unlawful or otherwise objectionable. 

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. 

If you are not satisfied with the site, any materials on the site, or any of these Terms, your sole and exclusive remedy is to stop using the site. These Terms of Use are the fundamental elements of the basis of use of the site and the products, information and services and the site would not be provided without such limitations.

You agree to indemnify, defend and hold harmless the XSET Parties from and against any and all third-party claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorney’s fees, resulting or arising out of your use of and conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your breach of these Terms of Use, your infringement or violation of any rights of another, including, but not limited to any third-party claim that any information or materials you provide infringes any third-party proprietary right, or denial of your access to the site. Some provisions of the above may not apply to customers within jurisdictions that limit or do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. 

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

These Terms of Use constitute an agreement that is effective unless and until terminated or suspended in whole or in part by XSET, which we may do without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or any applicable law, or is harmful to the interests of another user or the XSET Parties. If we determine, in our sole discretion, that you have failed to comply with any of these Terms, we may deny you access to the site. In the event of such denial, you will no longer be authorized to access the site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. 

These Terms of Use constitute the entire agreement between you and XSET relating to the subject matter addressed herein. 

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. 

APPLICABLE LAW

These Terms shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles.

EFFECTIVE

July 15, 2020