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Terms of Use

Welcome to xtendplay.com, the website of Xwerx, Inc. If you shop or visit xtendplay.com, you are accepting the following conditions. Please review them carefully. Any future business interaction with Xwerx, Inc. is subject to the following guidelines and conditions. 

Privacy

Please read our Privacy Statement that covers your visit to xtendplay.com.

Medical Disclaimer

The medical information provided on this site is for informational purposes only and is not meant to substitute for the advice provided by a physician or other medical professional. The information is not intended for diagnostic purposes and under no circumstances does Xwerx, Inc. guarantee the accuracy, integrity or quality of the information or statements made regarding treatment or care of any medical condition.

Xwerx, Inc. does not give any advice or expert opinion about any medical conditions, diagnosis, treatment or care of any disease. Therefore, the medical information provided in this website must not be used for diagnosing or treating a health problem, or prescribing any medication. It is strongly suggested that all users of the information contained herein direct all questions to their own physician or medical professional for professional advice regarding the usages, side effects, reactions, cautions and other matters pertaining to their medical condition and the products sold on the xtendplay.com site.

You agree that you must evaluate, and bear all risks associated with, the use of any product or content, including any reliance on the accuracy, completeness, or usefulness of such product or content displayed on xtendplay.com site.

Indemnity

You agree to indemnify and hold Xwerx, Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of any product, product details and information or other content provided herein, including your use of the site, or your violation of this agreement.

Electronic Communications

When visiting xtendplay.com or emailing us, it is done electronically and you are consenting to communications via electronic means. This means you are agreeing that all agreements, notices, disclosures or any other communications done electronically satisfy any legal requirement that we communicate with you in writing.

Copyright

All content on this site is property of Xwerx, Inc. or its content suppliers. This includes all images as well as text. This content is protected by United States and international copyright laws and is exclusive property of Xwerx, Inc.

Trademarks

Xwerx, Inc., XtendPlay, and other designs and marks indicated on our site are trademarks of Xwerx, Inc. Trademarks and trade dress may not be used in connection with Xwerx, Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Xwerx, Inc.. All other trademarks not owned by Xwerx, Inc. appearing on this site are the property of their respective owners and may or may not be associated with Xwerx, Inc..

License And Site Access

Xwerx, Inc. grants you a limited license to access and make personal use of this site. No portion of this site may be copied, replicated, resold, modified, or used for any commercial purpose without express written consent from Xwerx, Inc.. Any unauthorized use terminates the permission or license granted by Xwerx, Inc.. You are granted a limited, revocable, and nonexclusive right to create hyperlinks to any page on the site as long as it does not portray Xwerx, Inc. in a derogatory, false, misleading, or generally offensive manner.

Your Account

If you use this site, you are responsible for the confidentiality of your account login, password, and security for restricting access to your computer and computer files. You are also accepting responsibility for all activities that occur while using said login and password. Xwerx, Inc. may sell products for children, but only adults via credit card may purchase products. If you are under 18, then you may use this site only with the consent of a parent or guardian.

Xwerx, Inc. and its affiliates reserve the right to deny service, retire accounts, delete or edit content, and cancel orders at their sole discretion.

Testimonials, Reviews, Comments, Communications, And Other Content

Site visitors may send Xwerx, Inc. reviews, comments, communications, and other content via email so long as it is not illegal, offensive, obscene, or otherwise objectionable. You may not send us software viruses, falsified information, chain letters, mass mailing, or any other form of spam. Xwerx, Inc. reserves the right to publish, remove, or edit such content.

If you do post content or submit material, unless indicated otherwise, you grant Xwerx, Inc. and its affiliates the right to use that content to the sole discretion of Xwerx, Inc.. This includes use of this content nonexclusively, royalty-free, perpetual, irrevocable, and fully sub-licensable. By submitting content, you represent and warrant that the content is accurate and in no way you will indemnify Xwerx, Inc. or its affiliates for all claims resulting from content you supply and therefore absolving Xwerx, Inc. or its affiliates from all liability resulting from use of this content.

Typographical Errors

Xwerx, Inc. is not responsible for any typographical errors and they are subject to correction. We reserve the right to refuse any order.

Risk Of Loss

Xwerx, Inc. does not hold any responsibility for any lost of shipment due to shipping carrier mistakes or wrongdoings.

Price Changes

Xwerx, Inc. reserves the right to change any price at anytime. All pricing errors are subject to correction. We reserve the right to refuse any order.

Purchases and Payments

Xwerx, Inc. processes payments for purchases, including shipping costs and sales tax (where applicable), at the time orders are placed.  Customers wishing to cancel an order that has not yet shipped can request cancellation of their order by emailing cs@xtendplay.com and referencing their order number in the Subject Line.  Please allow 4-6 business days for charged amounts to be credited back to credit-card or PayPal accounts.

Product Descriptions

Xwerx, Inc. and its affiliates attempt to make product descriptions as accurate as possible, but Xwerx, Inc. does not warrant that they are completely accurate, reliable, current, or error-free. If a product is not as described, you bear the sole responsibility to return it in unused condition according to the Xwerx, Inc. returns policy.

Disclaimer Of Warranties And Limitation Of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND XWERX, INC. BEARS NO RESPONSIBILITY OR WARRARNTY OF ANY KIND AS TO THE USE OR OPERATION OF THIS SITE. YOU ARE USING THIS SITE AT YOUR OWN RISK.

Xwerx, Inc. DOES NOT WARRANT AGAINST VIRUSES OR EMAIL SENT FROM THE SERVERS OF Xwerx, Inc. OR ITS AFFILIATES NOR DOES Xwerx, Inc. ASSUME ANY LIABILITY FOR ANY DAMAGES RESULTING FOR IMPROPER USE OF THIS SITE.

SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITIATIONS MAY NOT APPLY TO YOU AS NOT ALL STATES FOLLOW THESE LAWS.

Applicable Law and Disputes

By visiting xtendplay.com, you agree to the laws of the state of California that will govern any dispute that may arise between you and Xwerx, Inc. or its affiliates. Any disputes from your visit or purchases on xtendplay.com shall be submitted to confidential arbitration in the state of California. Xwerx, Inc. or its affiliates may seek injunctive or appropriate relief in any state or federal level court in the state of California. You are consenting to exclusive jurisdiction of said court and arbitration shall be conducted under the rules of the American Arbitration Association where the arbitrator's award shall be binding. No arbitration under this agreement shall be joined to an arbitration involving any other party subject to this Agreement either through class arbitration or otherwise.

Site Policies, Modification, And Severability

Xwerx, Inc. reserves the right to make any changes to the site, policies, terms of use at any time. If the condition is invalid or void, then the condition shall be severable but shall not affect the validity of any remaining conditions.

Our Address

Xwerx

578 Washington Boulevard, Suite 302

Marina del Rey, CA 90292
© 2012 Xwerx, Inc. | all rights reserved