TERMS OF SERVICE
This website is operated by XFLY, LLC (“XFLY”). Throughout the site, the terms “we”, “us,” and “our” refer to XFLY. XFLY offers this website, including all information, tools and services available via 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 currently existing or added periodically 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.
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.
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.
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 is not current and is provided as a 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.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to change or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or termination of the Service.
PRODUCTS OR SERVICES
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 Terms and Conditions of Sale.
We have made every effort to display the colors and images of our products that appear on our online store as accurately as possible. We cannot guarantee that your computer monitor’s display of any color will accurately reflect such color images and appearance.
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 any time without notice, at our sole discretion. 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.
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.
You agree to provide current, complete and accurate purchase and account information for all purchases made on 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 Terms and Conditions of Sale.
We may provide you with access to third-party products over which we neither monitor, nor have any control, nor input.
You acknowledge and agree that we provide access to such products “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party products.
Any use by you of optional products offered through the site is entirely at your own risk and discretion and you shall ensure that you are familiar with and approve of the terms on which products 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 products and resources). Such new features and/or services shall also be subject to these Terms of Service.
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.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions 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.
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.
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.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
XFLY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. XFLY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. XFLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XFLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY XFLY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST XFLY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
XFLY reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the site, or any portion of the site, for any reason; (2) to modify or change the site, or any portion of the site, and any applicable policies or terms; and (3) to interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You agree to indemnify, defend and hold harmless XFLY 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.
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.
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).
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.
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 the state of Colorado, USA.
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. You are responsible 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.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
HOW WE COLLECT THE INFORMATION
XFLY collects both personal information and non-personal information that you provide to us. XFLY may obtain information from you through: (i) account registration and administration of your account through the XFLY website, online store and/or forum; (ii) online, email or telephone purchases; (iii) customer service and technical support; (iv) newsletter subscriptions; (v) navigational information about where visitors go on our website; (vi) registering your XFLY products; (vii) providing updates to you about your XFLY products; (viii) access to XFLY products or services on social networks or third party services; and (ix) other uses of the Services where personal information is requested for use and or/participation. This information may be collected by XFLY or by service providers retained by XFLY and obligated to maintain your personal information confidentially.
INFORMATION WE COLLECT
The types of personal and non-personal information collected will depend upon the activity and may include your full name, email address, phone number, address, credit card information, professional title, birth date, or product serial number.
When you use XFLY’s Services that connect to the internet, we may collect certain information as described below for such purposes as providing and improving our products and software services, tracking usage, troubleshooting bugs, providing content for referring traffic sources and improving overall performance of the Services. Such information may include the IP address, browser type, profile information, preferences, aggregate user data, technical session information, information about your computer, hardware, software, or mobile device, including a device identifier, demographic information including gender, zip code and age, and navigational data. User IP addresses are recorded for security and monitoring purposes. If you arrived at our website via a link from another webpage, we may receive aggregate or otherwise anonymous statistical information about your visit to our site. We monitor visitor site usage and traffic patterns to help us develop the design and layout of the site, and to improve the content of our website to better match the interests of our website visitors.
XFLY allows third parties to collect non-personal information by way of cookies, web beacons, and as described below from the XFLY website. XFLY does not enable third parties to collect any personal information directly from the Services for their own promotional purposes. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set through your browser settings. However, by deleting or disabling cookies, you may not be able to access certain areas or features of the website.
Web beacons are tiny graphics with a unique identifier that are used to track the online movements of web users. While cookies are stored on a user’s computer hard drive, web beacons are embedded on web pages and are typically the size of a pixel. One or more of our marketing partners uses web beacons to help us better manage content on our site by informing us as to what content is effective.
Ad Servers, Third Party Advertising, and Website Analytics
XFLY works with website analytics and advertising partners, including Google and Facebook, to deliver XFLY advertisements on third party publisher websites, and these partners may set cookies on your computer’s web browser. These cookies allow our partners to recognize your computer so that the ad server can show you XFLY advertisements elsewhere on the Internet, and so that our analytics software can measure your engagement and interactions while using xfly.com. As a result, ad servers may compile anonymous, non-personal information about where you, or others who are using your computer, saw our advertisements, whether or not you interacted with our advertisements and actions performed on subsequent visits to xfly.com. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you, and it allows XFLY to optimize the performance of our advertising campaigns and the usability of our website.
Information from Other Sources
HOW WE USE THE INFORMATION
XFLY may use non-personal information to improve performance of our Services, to understand how anonymous users interact with our website after seeing XFLY advertisements, to identify and retarget advertisements to past website visitors, and to optimize the performance of our advertising campaigns.
XFLY may use both non-personal information and personal information to enable the purchase and fulfillment of XFLY products and services, and to improve the overall XFLY customer and product experience.
We will primarily use your personal information to provide products and services to you. For example:
– To fulfill your order and follow-up with customer satisfaction emails. The information we ask for when you order online is used to complete the order, confirm the order and to confirm shipment of the order.
– To provide customer service and technical support, and manage your account.
– To send you information about products, offers and news we think could interest you. We only send you this if you have opted-in to receive such notifications.
– To administer a giveaway, promotion, survey or other site feature and to provide you with the relevant products or services.
– To send service-related announcements when necessary. Generally, you may not opt-out of these communications, and they are not promotional in nature.
– To analyze visits to our website and learn about the interests of our visitors in the aggregate and to better understand your personal interests and needs, so we can improve our products and services.
SHARING INFORMATION WITH THIRD PARTIES
XFLY does not share, sell, or rent to other third parties for their own promotional purposes any personal information you provide to us, and will only share personal Information as outlined below or with your consent.
Third Party Service Providers
We use other third party service providers to offer or facilitate services on our behalf, such as payment processing and authorization, fraud protections and credit risk reduction, order fulfillment and shipping, marketing and promotional material distribution, website evaluation and data analysis. We may need to share personal information with these third parties so that they can perform these services, however, we limit the personal information that we give to them and authorize them to use this information only for the purpose of performing those services.
Facebook Custom Audience Ads
We may display interest-based ads to you when you are using Facebook through Facebook’s Custom Audience Tool. The Custom Audience Tool allows us to personalize our ads based on your shopping experience with us. We do not share any of your personal information or your shopping history with Facebook. This tool allows us to convert your email address to a unique number that Facebook uses to match to unique numbers that Facebook generates from email addresses of its users. You may opt-out of Facebook Custom Audience ads from XFLY by emailing email@example.com with this request.
We may post customer testimonials on our website which may contain personal information. We will obtain your consent via email and/or opt-in methods prior to posting your name, city, or stated activity/interest along with any testimonial.
You may be able to disclose information about yourself in the course of contributing user generated content on publicly-available areas of the Services. Such information is unencrypted, public information, may be accessed or recorded by us, and there is no expectation of privacy or confidentiality in such information. Any personal information you submit in the course of such activities can be read, collected, or used by other users.
If you submit your video or other content to XFLY, we may publish it on the XFLY website, social media channels, or applications along with certain personal information identifying you, such as your first and last name or your username, when we have your consent.
We reserve the right to access and disclose your personal information when we believe in good faith that such disclosure is necessary to: (i) enforce legal rights and comply with the law; (ii) comply with an order from a government entity or other competent authority, (iii) prevent or address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage; or (iv) protect our rights, prevent fraud and/or comply with judicial proceeding, court order, or legal process served on XFLY.
As with any business, it is possible that as our business develops, we might go through a business transition, such as a merger, acquisition by another company, or a sale of all or a portion of our assets. Information that we collect, including your personal and non-personal information, is considered a business asset and will likely be disclosed or transferred to a third party acquirer in connection with the transaction.
THIRD PARTY WEBSITES
HOW WE PROTECT YOUR INFORMATION
The security of your personal information is important to us. We have implemented reasonable administrative, technical, and physical security measures to protect against the unauthorized access, destruction or alteration of your information. We use industry standard SSL (Secure Sockets Layer) encryption during the order check-out process to protect the confidentiality of your personal information. Despite our best efforts, however, no security measures are completely impenetrable.
XFLY’s Services are intended for general audiences and not for children under the age of 14. If you are under 14, you should visit the XFLY website and forum only with the involvement of a parent or legal guardian. We do not knowingly collect personal information from children under the age of 14, and if we become aware of such collection, we will take reasonable steps to delete such information as soon as practicable.
CORRECTING / UPDATING OR REMOVING INFORMATION
XFLY users may modify or remove any of their personal information collected by XFLY at any time by logging into their account. Users may also email us to correct or change any information by contacting Customer Support at firstname.lastname@example.org.
OPT OUT / UNSUBSCRIBE
If you no longer wish to receive our newsletter and other communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at email@example.com. If you want to opt-out from receiving communications from any this party that is not our agent or service provider, please contact that third party directly.
XFLY CONTACT INFORMATION
UPDATES TO PRIVACY INFORMATION
TERMS & CONDITIONS OF SALE
IMPORTANT – READ CAREFULLY: BY PURCHASING A XFLY, LLC (“XFLY”) PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME, IN OUR SOLE DISCRETION.
1. These TERMS (“Agreement”) govern the sale of XFLY branded goods (“Product”) between XFLY and the Buyer (“Buyer”). This document acknowledges receipt of the Buyer’s order by XFLY, and confirms the sale of Product evidenced by the invoice as expressly conditioned on the Buyer’s acceptance of the terms and conditions narrowly set forth herein.
2. PRICES – All published prices are subject to change with or without notice. Written quotations shall expire thirty (30) calendar days from the date of quotation, unless withdrawn in writing sooner. Verbal quotations are provided for guidance only. Unless otherwise specifically stated, prices are in U.S. Dollars (USD).
3. TERMS OF PAYMENT
a) Deposits – On orders requiring a deposit, Buyer must make a deposit equal to the amount specified by XFLY at the time of order. Reservation numbers and delivery estimates are provided at the sole discretion of XFLY.
b) Method of Payment – Payment may be made by wire transfer or credit card payment via Visa, Mastercard, American Express, and Discover with valid credit card authorization forms. All orders are payable in U.S. Dollars (USD).
c) Standard Payment Terms – All orders must be paid in full prior to shipment via wire transfer or credit card. XFLY has the right to refuse any order, even after accepting payment or partial payment for such order. XFLY will credit/refund any such payment made by the Buyer if XFLY rejects the order. Once Buyer has been notified that a product is allocated to them, the Buyer must have sufficient funds in Buyer’s account to cover the cost of the Product or remit payment in full within five (5) business days, or the order will be cancelled. All cancelled orders must be re-ordered.
d) Deposit Payments – Deposit payment may be remitted via wire transfer or credit card payments. XFLY reserves the right to reject any order. If an order is rejected, XFLY will credit or refund any deposits made.
e) Balance Payments – Buyer must pay the full remaining balance of the invoice before the order will be processed for shipment. Full balance payment must be made within five (5) business days of order confirmation or the order will be cancelled and the product allocated to the order will be released back to open inventory and may be unavailable thereafter. Balance payments may be remitted via wire transfer or credit card payment. Buyer authorizes XFLY to charge the same credit card used for the initial order deposit or charge the credit card on file, if applicable, for the remaining balance payment without additional confirmation from Buyer. XFLY reserves the right to reject any order. XFLY will credit or refund any payments made if XFLY rejects the order.
f) Leasing – At this time, XFLY does not offer any leasing options for Product. XFLY does not affiliate, authorize, or support any entities offering leasing options for XFLY Product. XFLY assumes no liability for Product offered by unauthorized third-party entities offering XFLY Product.
4. DELIVERY AND ACCEPTANCE – Unless otherwise provided by XFLY in writing, all Product shipments shall be made Carriage Paid to Destination (CPT-Destination) from the XFLY facility in Colorado, at which time the title, risk of loss or damage shall pass to the Buyer when the products are transferred to the carrier. Buyer shall be the importer of record for all purchased products, if applicable. Licensing requirements for importation to non-U.S. countries is the sole obligation of the Buyer. In the absence of specific shipping instructions from the Buyer, XFLY will ship by the method it deems, in its sole discretion, most advantageous. Transportation charges will be collected prior to shipment. Unless otherwise specified, products will be shipped in standard commercial packaging. When special packaging or export instructions are requested by the Buyer, any additional costs will be the responsibility of the Buyer. XFLY reserves the right to reject certain shipping or packing methods. For all sales where Buyer opts to use Buyer’s preferred freight forwarder, the shipments will be made “ex works” (Incoterms 2010) from XFLY’s facility in Colorado. XFLY shall use reasonable efforts to notify Buyer of any anticipated delays in delivery. XFLY will not be liable for any loss, damages or penalty resulting from delay in delivery. Acceptance of Product by the Buyer shall occur no later than fourteen (14) days after receipt of Product. Product not rejected during this fourteen-day period shall be deemed accepted, and all returns shall be handled in accordance with Section 7 (Returns). Product cannot be rejected by Buyer based on criteria that were unknown to XFLY or based on test procedures that XFLY does not conduct.
5. RESTRICTIONS ON USE – Buyer will not cause or permit the modification or reverse engineering of software, electronics or sealed components of XFLY Product without express written consent from XFLY. Buyer will not develop or use non-XFLY approved products or software that plug into or directly affect the function or performance of XFLY Product without express written consent from XFLY. Buyer will not cause or permit any reverse engineering of XFLY Product. Buyer will not provide repair services for XFLY Product without the express written consent from XFLY. Buyer will not use XFLY’s trademarks, including as part of a domain or company name or in keywords or online search optimizations, without the express written consent from XFLY.
6. WARRANTY – XFLY warrants all products will be of good quality and workmanship and free from material defects. Upon the expiration of the time periods below, all liabilities of XFLY will terminate. In no event shall XFLY be liable for consequential damages. XFLY may use refurbished parts for repairs or replacements. Certain products may be subject to a separate software license agreement.
a) Standard Warranty – A Standard Warranty is granted to the original purchaser by XFLY for a period of one (1) year, parts and labor. The Standard Warranty does not apply to batteries. The Standard Warranty covers parts and labor charges for Product that has been returned to an Authorized Service Center. All warranty returns shall be done in accordance with XFLY’s warranty Return Merchandise Authorization (“RMA”) policy. Any repaired or replaced Product shall be warranted as set forth in this section for a period the greater of (i) the balance of the applicable warranty period relating to such Product or (ii) ninety (90) days after it is received by Buyer. Only the components that were repaired or replaced will be eligible for the 90-day period as set forth above. The Standard Warranty effective date is the date of “ex works” from Colorado.
b) XFLY Refurbished Product Standard Warranty – All XFLY Product sold as refurbished are warranted for a period of ninety (90) days.
c) Certain XFLY Product may contain an additional warranty beyond the Standard Warranty. Such a warranty only applies if the warranty is expressly contained on the Product invoice. The warranty covers parts and labor for the period specifically stated on the Product invoice.
d) Exclusive Battery Warranty – XFLY warrants that batteries purchased or included with the Product will be free from defects in materials and workmanship at the date of purchase by Buyer. Battery product warranty is limited to original defects in material and workmanship. Due to the nature and use of these batteries, there is no term warranty. Misuse, abuse, incorrect charging, failure to comply with applicable battery warnings and guidelines, and other inappropriate use of this Product are not covered under this warranty.
e) Warranty Limitations – All XFLY warranties do not cover (i) maintenance, repair or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the Product in accordance with XFLY’s specifications and owner’s manual, including but not limited to: theft, exposure to weather conditions, operator negligence, misuse, abuse, improper electrical/power supply; (ii) alterations, modifications or repairs by Buyer or unauthorized third parties; (iii) accident, disaster, improper handling or storage, dropping, modification, opening sealed components, use of third party accessories or acts of nature or any other peril originating from outside the Product; (iv) transportation damage, lack of or improper maintenance, defective batteries, battery leakage; and (v) cosmetic damage or other non-operating parts. Removal or modification of sealed components, including but not limited to, motors or electronics, voids any and all warranties. Breaking the seal on any sealed components, including but not limited to motors or electronics, is prohibited and voids any and all warranties unless otherwise approved by XFLY. Any parts replaced by XFLY during warranty repair are the property of XFLY and will not be returned to Buyer. XFLY may use refurbished parts for repairs or replacements.
XFLY products are compatible with XFLY software, XFLY parts and XFLY products only. Use of any software, parts, or products, other than XFLY or XFLY approved software, parts, and products, which plug into or directly affect the function or performance of XFLY products voids any and all warranties.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, XFLY AND ITS LICENSORS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO THE XFLY PRODUCT OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. XFLY AND ITS LICENSORS DO NOT WARRANT THE PERFORMANCE OR RESULT OF THE XFLY PRODUCT.
THE SOLE REMEDY UNDER THIS WARRANTY SHALL BE THE REPAIR, REPLACEMENT, OR CREDIT FOR DEFECTIVE PARTS AS STATED ABOVE. THIS WARRANTY IS THE SOLE WARRANTY GIVEN BY XFLY AND IS IN LIEU OF ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED. THIS WARRANTY EXTENDS TO THE BUYER AND IS NON-TRANSFERABLE TO OTHER THIRD PARTIES. XFLY WILL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.
f) Third Party Warranty – XFLY does not honor warranty agreements extended by third parties. Only warranty agreements granted by XFLY will be honored by XFLY.
g) Non-Warranty Repair – Product that no longer qualifies for Warranty Repair may be sent to an Authorized XFLY center subject to an evaluation fee. XFLY will provide a quote for the repair of the Product. The Customer is responsible for all costs associated with such refurbishment, such as troubleshooting, diagnosis, repair, test, calibration, storage, and shipping costs. The evaluation fee will be applied to the cost of the refurbishment if the cost of the refurbishment is greater than the evaluation fee. Any repaired or replaced product shall be warranted for ninety (90) days after it is received by Buyer. Only the components that were repaired or replaced will be eligible for the 90-day period. Any parts replaced by XFLY during non-warranty repair are the property of XFLY and will not be returned to Buyer. XFLY may use refurbished parts for non-warranty repair.
7. RETURNS – Buyers must obtain a Return Merchandise Authorization (“RMA”) prior to the return of any Product. Product, except batteries, may only be returned for refund within fourteen (14) days of original delivery by XFLY at shipped address specified by Buyer, provided the Product is in as new condition and passes XFLY quality control.
a) Factory Seal – If the factory seal on the Product has been broken, a return will not be accepted, unless XFLY gives specific approval for such a return after evaluation and the returned Product is subject to a 25% restocking fee. All equipment must be shipped in as new a condition and in the original shipping materials. Refunds are subject to an evaluation of the merchandise upon receipt at XFLY as defined above, in addition to other tests to ascertain condition of returned goods. A refund less the restocking fee will be provided within thirty (30) days of completion of evaluation of goods at XFLY.
b) Engraving – On certain Products, XFLY may offer the option for custom engraving. Please carefully review any engraving request before submitting. XFLY will not be responsible for any errors made when submitting the engraving request. A pre-ordered Product containing custom engraving may be cancelled prior to shipment, but any deposit paid on the pre-ordered Product will become non-refundable. Custom engraved products may be returned for refund, less the deposit paid on the pre-ordered Product, within fourteen (14) days of original delivery by XFLY at shipped address specified by Buyer, provided the Product is in as new condition and passes XFLY quality control. If the factory seal on a custom engraved product has been broken, a return will not be accepted, unless XFLY gives specific approval for such a return after evaluation and the returned Product is subject to a 25% restocking fee plus the amount of the deposit paid on the pre-ordered Product. XFLY’s Standard Warranty does not cover replacement of engraving. In the event your engraved product receives services under XFLY’s Standard Warranty, use of necessary replacement parts may eliminate the engraving on the Product.
c) Shipping – Buyer is responsible for shipping costs to return Product to XFLY. The shipping costs must be prepaid and the Product should be shipped in its original container, or an equivalent, properly packed to withstand the hazards of shipment and be fully insured.
d) Buyer has ten (10) days from the date the RMA is issued to deliver the Product to XFLY. All Product not delivered ten (10) days after the RMA was issued will not be considered eligible as a return for credit and XFLY will return Product to Buyer and Buyer will assume all shipping costs.
e) Dangerous Goods Requirements – Buyer acknowledges that Buyer has been advised of the Dangerous Goods shipping requirements relating to lithium ion batteries. If Buyer’s return includes a lithium ion battery, Buyer agrees to have the battery shipped by a certified shipper of Dangerous Goods. Buyer further agrees not to attempt to ship any lithium ion battery that has been physically damaged. Buyer agrees to indemnify and hold XFLY and its employees harmless from any and all liability arising from Buyer’s failure to comply with this provision.
f) Export and Re-Export Restrictions and Regulations – Buyer agrees to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with Buyer’s use of XFLY products and services. Buyer agrees to not violate any local, state, federal or foreign laws. Buyer agrees not to transfer or authorize the transfer of any materials to a prohibited country in violation of any laws. In particular, but without limitation, the materials may not, in violation of any laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or the U.S. Commerce Department’s Table of Deny Orders, or U.S. Department of Commerce Entity List of Proliferation Concern, or the U.S. State Department Debarred Parties List. By using any materials subject to any such restrictions and regulations, Buyer represents and warrants that Buyer is not located in, under the control of, or a national or resident of any such country or on any such list.
8. LIMITATION OF LIABILITY – IN NO EVENT SHALL XFLY OR ITS LICENSORS BE LIABLE TO BUYER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS (HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY), EVEN IF XFLY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL XFLY’S OR ITS LICENSORS’ LIABILITY FOR A PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM, OR OTHERWISE) EXCEED THE AMOUNTS PAID TO XFLY FOR SUCH PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL XFLY’S LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY BUYER TO XFLY FOR PRODUCT IN THE LAST TWELVE (12) MONTHS. IN NO EVENT WILL XFLY OR ITS LICENSORS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER. IN NO EVENT WILL XFLY OR ITS LICENSORS BE LIABLE FOR DAMAGES ARISING OUT OF ANY LATE DELIVERY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHERE THE DAMAGES ARISE OUT OF OR RELATED TO THIS AGREEMENT.
9. INDEMNIFICATION – Buyer shall indemnify, defend, and hold XFLY and XFLY’s officers, agents, other representatives and licensors harmless from all demands, claims, actions, causes of actions, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses incurred (including fees and disbursements of legal counsel) of every kind (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused by Buyer’s misuse of the product or by the negligent or willful acts or omissions by the Buyer, or (ii) based on any breach of this Agreement by Buyer.
10. PROPRIETARY INFORMATION – XFLY retains itself and its licensors all proprietary rights, including without limitation all patent, trademark, trade secret, copyright and other intellectual property rights in and to all XFLY designs, manufacturing processes, engineering details, and other data pertaining to any Product sold except where the rights have been assigned pursuant to a written agreement with a corporate officer of XFLY. The Products are offered for sale and sold by XFLY on the condition that such sale does not convey any right, express or implied, stated or otherwise, under any intellectual property or manufacturing process. XFLY and its licensors expressly reserve all intellectual property rights in the product. Without limiting the foregoing, all software included in the Products (including any updates to such software provided to Buyer, if applicable) is licensed to Buyer, not sold, and Buyer shall not transfer any such software apart from the Product, or modify, decompile, disassemble or reverse engineer or otherwise attempt to derive the source code of such software.
11. TAXES – Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by Buyer.
12. RESALE – Buyer certifies and agree that Buyer is purchasing XFLY Product for Buyer’s own use only and not for resale. Buyer shall not resell XFLY Product or remove components from XFLY Product for resale.
13. NON-WAIVER – Failure of XFLY to insist upon strict performance of any terms and conditions herein shall not be deemed a waiver of any subsequent default of terms and conditions thereof.
14. LAW GOVERNING AND EXCLUSIVE JURISDICTION – This Agreement is to be interpreted in accordance with the laws of the State of Colorado, United States of America. The sale of any XFLY Product to Buyer is considered to have taken place in the state of Colorado, and shall be governed by this Agreement. This Agreement will not be governed by the conflict of law rules or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Exclusive jurisdiction for any dispute arising from the terms and conditions of this Agreement shall be the state of Colorado, and both Buyer and XFLY waive all rights to have a dispute brought elsewhere.
15. FORCE MAJEURE – XFLY shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of XFLY. Quantities are subject to availability. In the event of shortage, XFLY may allocate sales and deliveries in its sole discretion.
16. HEADINGS – The section headings used herein are for convenience only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
17. SEVERABILITY – If any of the terms and conditions of this Agreement are held to be invalid under any applicable statue or rule of law, they are, to that extent, deemed omitted.
18. ENTIRE AGREEMENT – These terms and conditions constitute the entire and exclusive agreement between Buyer and XFLY concerning the products and Buyer’s purchase hereunder and supersedes any and all statements or other agreements, whether written or oral, between Buyer and XFLY.
19. UPDATES TO TERMS AND CONDITIONS OF SALE – You can review the most current version of the Terms and Conditions of Sale at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Sale by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of access to our website following the posting of any changes to these Terms and Conditions of Sale constitutes acceptance of those changes.