We value your privacy. Depending on how you use XiriCompany.com, we may ask you to provide us with personal information and preferences. Whether you choose to provide us with that information is your choice. If you choose to withhold information, it may affect your ability to use some of our services.
We may ask you to provide us with information if you use one or more of the following services
Creating an Account on XiriCompany.com
To create an account on XiriCompany.com, you need to share some of your personal information, including your name and email address. You do not have to register for an account to visit the site. You will have to create one in order to place orders or make full use of our services.
Once you create a XiriCompany account, you will use your email address and a selected password to access that account. You cannot use another person’s account without permission and you cannot create duplicate accounts with the same email address. You should keep your account information complete and up-to-date to ensure the best service. You are responsible for maintaining the confidentiality of your account information and password.
Making a Purchase on XiriCompany.com
When you place an order with XiriCompany, you must provide us with your billing address, phone number, shipping address, and credit card information. By placing an order, you have created an account with us. You can choose to store your ordering information (saved payment methods, shipping address, etc.) in your account. To access this section, you must log in to your account.
Contests, Sweepstakes, and Giveaways on XiriCompany.com
If you enter a contest, sweepstakes or giveaway on XiriCompany.com, we will ask you to create an account. We may ask you for additional information and answers in order to participate in the contest. If you do not create an account, you will be unable to enter the contest.
When you create an account on XiriCompany.com, you have the option to provide us with information that will be made public to other users on the site. XiriCompany, LLC may, consistent with its then policies, allow the uploading and posting of user’s or customer’s photographs or likenesses, endorsements, and possible profiling of such person onto the XiriCompany website. Such user or customer recognizes that such photograph, likeness, profile, or product comment will be subject to public visibility and consents to its presentation on the website. The user or customer further agrees that by that uploading and posting that XiriCompany.com shall have the non-exclusive right, without limitation as to time, to use and display such person’s photograph, likeness, and any endorsement of product made by such person for the purpose of promoting, publicizing, and advertising of the XiriCompany.com website and its products. XiriCompany, LLC shall not have the right to use or authorize the use of the photograph, likeness or endorsement, in any other commercial method beyond its website without the user or customer’s written consent.
Please note that if you choose to share information about yourself in an open format/forum, such as through a Third Party Site like Facebook, Twitter, YouTube, Pinterest, Instagram or in the user-generated content portions of our own site, we consider that information to be public information as well.
Protecting Your Information
We know the importance of patient client and customer privacy. Under the direction of Dr. Jamal (board-certified dermatologist / board-certified cosmetic surgeon), we also operate dermatology and cosmetic surgery practice, a research center, and a day spa ( not in service). We handle every patient’s medical information securely, under our HIPAA compliance, on a daily basis and treat our online customer’s information with the same importance.
We use industry-standard Secure Sockets Layer (“SSL”) authentication to guarantee the confidentiality of online transactions made on our website. SSL authentication and encryption of the data that you send to us over the Internet help protect your online transaction information from being intercepted by third parties.
We are also PCI compliant and will continue to run our business with this in mind. The Payment Card Industry (PCI) data security standard is a new security standard for how your credit card information is handled, stored, processed, and transmitted. Our PCI compliance is verified by FirstData, an entity of Citi Bank, NA who also provides our HackerSafe certification that verifies our site is secure and ensures the safety of your information from hackers. Because of the number of transactions we process, we are required to follow these PCI compliance standards. These standards include a 12 step questionnaire about business practices as well as an entire network scan to ensure no vulnerability. Most sites out there are either not required to adhere to these standards due to their small volume or from the use of third-party software. However, we guarantee the accuracy of our compliance and, more importantly, the safety of your personal and financial information.
We host and operate our website on Hostgator (we do not use third-party hosting or networking services.) This allows us to have full control over our website and makes your information more secure. Many companies will use a third-party hosting company to store their website and your information where multiple people unaffiliated with the business may have access to your information.
How Your Personal Information Is Used by Xiri Company, LLC
XiriCompany collects personal information to make our services more rewarding and relevant for you to use. We may also use your information to track your purchase history and to contact you for the account and promotional purposes. We do not sell or solicit your name, email address, or other personal information to Third Party Sites.
Newsletters, Emails and Other XiriCompany, LLC Materials
We use email addresses and mailing addresses to send out newsletters, promotional offers, postcards, and other messages with information about our latest products, gifts, sales, and special features. After you create an account with us, you can choose not to receive these messages by opting out of delivery. If you receive an email and want to avoid further messages, look at the end of the email for instructions on how to unsubscribe from the mailing list. You can also edit your email preferences in your account.
Children Under 13
We comply with the Children’s Online Privacy Protection Act of 1998. If you are under the age of 13, you can look at our website but cannot place an order. You also cannot create an account or participate in any of our services that ask for personal information. This policy is designed to protect children. Federal law requires us to take special steps to safeguard children’s privacy.
Social Media and Other Third Party Sites
We work with trusted third parties, including social media networking sites such as Facebook, Twitter, Pinterest, Instagram, and YouTube. All of these companies operate as Third-Party Sites. We provide access to our Sites by third parties and business partners so we can generate interest in our products among members of your social networks and allow you to share those interests with friends in your network.
The use of any features made available to you by a third party may result in information being collected or shared about you by us or by the third party. Information collected or shared through any such third-party features is considered “public information” by us because the Third Party Sites made it publicly available. If you do not want us to be able to access information about you from Third-Party Sites, you must instruct Third Party Sites not to share the information. We cannot control how your data is collected, stored, used, or shared by Third Party Sites or to whom it is disclosed. Please be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a Third Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt-out of sharing such information. XiriCompany is not responsible for how these third parties may use information collected from or about you. However, we do identify any areas on our Sites where third parties share information about you.
For example, we allow you to create an account using information from your Facebook account. We also allow you to use Facebook’s “like” feature while you are on our site. Know that Facebook may collect that information and post it to your “News Feed” on Facebook and possibly to your Facebook profile’s “Wall” and “Info” pages. Finally, by “liking” one of our products, you consent to the display of that information on our site. If you do not wish this to happen, you should not click that you “like” a product and you should review your privacy settings on Facebook (or similar Third Party Site). Note that we do not have to display someone’s name, profile photo, or other “public” Facebook profile information on our website even if that Facebook user “likes” one of our products. We reserve the right to remove the information of any person that we deem to be inconsistent with our ideals or otherwise inappropriate for public association with our company. These rules govern all of our interactions with Third Party Sites, including Twitter and Pinterest. We may remove from our site, at our sole discretion, any product offering or any photo or that does not comply with this policy.
Questions About This Policy
TERMS OF SERVICE / USER AGREEMENT
1. ACCEPTANCE OF TERMS
XiriCompany, LLC, Inc. (“Xiri”) provides the www.XiriCompany.com website (together with any other website, XiriCompany may provide now or in the future, collectively, the “Sites”), all information and other content on the Sites (collectively, the “Content”), all informational and other services available through the Sites (collectively, the “Services”) and all products that may be purchased through the Sites (collectively, the “Products”) pursuant to the terms and conditions set forth below and the terms and conditions incorporated herein by reference (collectively, the “User Agreement”), which is a legally binding agreement between you and XiriCompany, LLC.
PLEASE READ THIS USER AGREEMENT CAREFULLY. YOU MAY ACCEPT THE USER AGREEMENT DURING THE REGISTRATION PROCESS OR LOGIN PROCESS, WHICH CONTAINS THE EXPRESS ACKNOWLEDGEMENT THAT YOU HAVE READ AND AGREE TO THE USER AGREEMENT.
YOU MAY ALSO ACCEPT THE USER AGREEMENT THROUGH YOUR ACTIONS. ACCESSING OR USING THE SITES OR THE SERVICES CONSTITUTES YOUR AGREEMENT BY YOUR ACTIONS TO BE BOUND BY THIS USER AGREEMENT. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS USER AGREEMENT, THEN PLEASE DO NOT ACCESS OR USE THE SITES OR THE SERVICES. THIS USER AGREEMENT WAS LAST UPDATED ON 6/20/2016.
2. AMENDMENTS TO THE USER AGREEMENT
You understand that Xiri Company may amend the User Agreement from time to time without notice to you by posting the changes on the www.XiriCompany.com website. You should review the User Agreement each time you elect to use any of the Services or purchase any Products through the Sites. The amended User Agreement will automatically be effective thirty days after changes are first posted on the Sites. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, YOU MAY REFUSE SUCH CHANGE BY DISCONTINUING ALL ACCESS TO THE SITES, CEASING ALL USE OF THE SERVICES, AND REFRAINING FROM ANY FURTHER PURCHASES OF PRODUCTS. IF YOU CONTINUE TO ACCESS THE SITES, USE THE SERVICES IN ANY MANNER OR PURCHASE ANY PRODUCTS AFTER SUCH CHANGE BECOMES EFFECTIVE, SUCH ACCESS, USE, AND/OR PURCHASE CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED USER AGREEMENT.
3. DESCRIPTION OF SITES AND SERVICES OFFERED
XiriCompany.com is a premier Cosmetologist/Aesthetician-owned and operated beauty website. Under the direction of board-certified dermatologist and cosmetic surgeon, Dr. Jamal. XiriCompany.com allows you to purchase skin care products, beauty products, and other Products and offers information (including reviews and user-generated content) relating to skincare, and beauty products, and related Services. In addition, XiriCompany may, now or in the future, offer mobile versions of the Sites and/or make available mobile applications or applications on various social media networking sites or other platforms and downloadable programs and the Services shall include any such offerings.
At its discretion, XiriCompany may offer additional Services, update, revise or otherwise modify any Content, Services, or Products, and this Agreement shall apply to any and all such additional or modified Content, Services or Products. XiriCompany reserves the right to discontinue, suspend, cancel or otherwise cease offering any Content, Services, or Products, with or without prior notice. You agree that XiriCompany shall not be held liable for any such additions, updates, revisions, modifications, discontinuances, suspensions, cancellation, or cessation of any of the Content, Services, and/or Products.
Certain of the Services offered on the Sites, including the ability to use the online store to purchase Products through the Sites are available only to users who complete the registration process (including express acceptance of the User Agreement during such registration process) and who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. You must be 18 years of age or older in order to register. XiriCompany reserves the right to refuse any or all of the Services to (and to refuse registration of or deactivate the account of) anyone at any time, in its sole discretion. Without limitation to the foregoing, XiriCompany reserves the right to refuse registration to (or deactivate the account of) anyone who has previously had a prior registered account suspended for any reason.
When you sign up, you will select a user name and a password so that you can access your account at the Sites. You agree that you will keep this information confidential. When you register, you agree to (a) furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process, and (b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. You are responsible for maintaining the secrecy and confidentially of your password and you are solely responsible for activities regarding your account and password (including activities by third parties using your user name and password or using a login session you commenced). If you think there has been unauthorized use of your account or password, you agree to immediately notify XiriCompany and cooperate to resolve the issue. You understand that if you do not follow the terms of this paragraph, XiriCompany may suspend or terminate your account, which will prevent your use of those portions of the Sites which require you to be logged in to your account. You understand that XiriCompany is not responsible in any way, and will not be liable to you or to any third person if you do not comply with the terms of this paragraph.
Without limitation to the foregoing, XiriCompany reserves the right to access, preserve and/or disclose member account information and/or Content if it is requested to do so by law enforcement or if XiriCompany in the good faith belief that any such action is reasonably necessary for: (i) compliance with any legal process; (ii) enforcement of this User Agreement; (iii) responding to any claim that such Content violates the rights of any third party; (iv) responding to requests for customer service; (v) protecting the rights, property or personal safety of XiriCompany its visitors, users, and members, including the general public.
In order to log into your account, you must have your browser configured to accept cookies.
6. CONTENT ON SITES
Except for Your User-Generated Content (as described below), as between XiriCompany and you, the Sites (including, any necessary software used in connection with the Sites), the Services and all information, text, software, data, photographs, music, video, messages, tags or any other Content made available through the Sites or Services shall remain the sole property of XiriCompany. The Sites and the Content may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by XiriCompany, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the Sites or any Content, in whole or in part. You will not attempt to hack, crack, or otherwise access any portion of the Sites which is not made available by XiriCompany in the ordinary course of making the Sites generally available to the public and registered users.
XiriCompany herein reserves the right to use security components that may permit digital Content to be protected (including, by way of example and not limitation, digital watermark technology), and that use of protected Content is subject to usage guidelines established by XiriCompany or any other providers supplying the Content. You shall not attempt to override or circumvent any such security components.
The Sites may contain information, text, software, data, photographs, music, video, messages, tags, and other Content submitted by visitors, users, or third parties (“User-Generated Content”). User-Generated Content may include, without limitation, product reviews, product ratings, survey responses, forum postings, message board posts, instant messages, and similar comments and feedback. You agree that all User-Generated Content, whether it is publically or privately posted and/or transmitted, is the sole responsibility of the individual from whom such User-Generated Content originated and, accordingly, that (i) you are solely responsible for evaluating any and all User-Generated Content made available by way of the Sites or Services, and (ii) XiriCompany provides no assurances concerning the accuracy, integrity or quality of such User-Generated Content. It is expressly understood that by use of the Sites or Services, you shall be responsible for any losses or liability to which you may be exposed as a result of User-Generated Content including, but not limited to, any errors or omissions in any User-Generated Content, and/or any loss or damage of any kind incurred as a result of the use of any User-Generated Content posted, emailed, transmitted or otherwise made available by XiriCompany. XiriCompany reserves the right to remove, redact or edit User-Generated Content posted or transmitted through the Sites (including, by way of example and not limitation, by removing or condensing reviews of Products posted by users), but no exercise of such right shall make XiriCompany responsible in any way for the contents of User-Generated Content.
XiriCompany does not lay claim to ownership of any User-Generated Content which you may submit, provide or otherwise make available to XiriCompany (“Your User-Generated Content”). Therefore, you hereby grant to XiriCompany a worldwide, fully-paid, royalty-free, irrevocable, transferrable, and fully-sublicensable, non-exclusive right and license to use, permit the use of, copy, reproduce, distribute, publish, modify, adapt or otherwise create derivative works from, publicly perform, publicly display and otherwise exploit and utilize in any manner all of Your User-Generated Content.
7. SOFTWARE APPLICATIONS
To the extent that XiriCompany makes available through the Sites any software that may be used in connection with the Site or Services (“Software”), including, without limitation, any “app” or similar mobile software that may be downloaded for use in connection with the Site or Services, you agree that such Software is provided to you pursuant to the terms of the end-user license made available with such Software. If no end-user license is made available with such Software, then XiriCompany grants you only a personal, non-transferable, and non-exclusive license to make use of the object code of the Software on a single device and you shall not, duplicate, alter, modify, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to the Sites or Services.
XiriCompany believes that all users of the Sites and Services benefit from basic rules regarding conduct while using the Services so that information and ideas may be shared freely, and so that commerce can be conducted fairly. To achieve these ends, you agree to follow the following basic rules of conduct when using the Sites and/or Services:
- You will comply with the User Agreement and all applicable laws;
- You will never give your password to anyone and you will not provide your billing or credit information except to make a purchase;
- You will not harass, threaten or abuse other people when using the Sites or Services in any manner, and you will not post, upload, post, email, or otherwise transmit to or through the Sites any Content that XiriCompany determines to be unlawful, harmful, fraudulent, libelous, defamatory, vulgar, obscene, or tortuous, or that XiriCompany determines to be hateful, and/or racially, ethnically, or otherwise objectionable;
- You will not post, upload, post, email, or otherwise transmit to or through the Sites any Content in violation of another’s trademark, copyright, privacy rights, or other proprietary or intellectual property rights;
- You will not post, upload, post, email, or otherwise transmit to or through the Sites any Content that may contain a virus, cancelbot, Trojan horse, harmful code, or other computer code, files, and/or programs that have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- You will not attempt to harvest any screen names or e-mail addresses for any commercial use; and you will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
- You will not impersonate any other person or misrepresent a relationship with any person or entity, including, without limitation, impersonating a XiriCompany representative or misrepresenting a relationship with XiriCompany, and you will not adopt a false identity or deceive or defraud another user;
- You will not disrupt the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions through the Sites or Services;
- You will not manipulate the Services so as to hide your identity or participation in Services on any Site (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
- You will not knowingly use any device, software, or technique to interfere with or attempt to interfere with the proper working of the Site; nor will you redeliver any content using framing, hyperlinks, or other technology without XiriCompany’s express written permission;
- You will not intentionally or unintentionally violate any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange;
- You will not upload, post, email, transmit, offer or otherwise send any bulk unsolicited advertising, promotional information, e-mail, or other solicitation (including without limitation junk mail, “spam,” chain letters, or pyramid schemes of any sort) to any person through the use of the Sites or Services, except in any such areas that may have been designed specifically for such purpose (e.g., classified forums);
If you violate any of the rules of conduct set forth above or any other aspect of the User Agreement, XiriCompany reserves the right to suspend or terminate your account and your access to and use of the Services without giving you any notice. XiriCompany further reserves the right (but shall have no obligation) to at any time remove and/or delete any Content that XiriCompanydetermines in its sole discretion to be inappropriate or undesirable for the Site.
9. FEEDBACK BY USERS
XiriCompany may provide mechanisms for users to contribute feedback to the Sites or Services. If and to the extent that you submit any feedback, ideas, documents, suggestions, and/or proposals concerning the Site or the Services (“Contributions”), you agree that: (1) XiriCompany is granted a worldwide, fully-paid, royalty-free, irrevocable, transferrable and fully-sublicensable, non-exclusive right and license to use, copy, reproduce, distribute, publish, modify, adapt or otherwise create derivative works from and otherwise exploit and utilize in any manner all such Contributions, (2) XiriCompany is under no obligation to either compensate or provide any form of reimbursement in any manner or nature for any such Contribution nor is XiriCompany under any obligation to ensure or maintain the confidentiality of any Contribution; and (3) XiriCompany shall accordingly be entitled to make use of and/or disclose any such Contributions in any such manner as it may see fit. You further represent and warrant that your Contributions do not contain any type of confidential or proprietary information and are not subject to any proprietary rights of any third party.
10. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS PROCEDURES
If you believe that any of the Content on the Sites infringes upon your copyright, or otherwise violates your intellectual property rights, you should provide to the XiriCompany agent identified below all of the following:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the Content, and its location on the Site, which you allege is infringing upon your intellectual property;
- The physical address, telephone number, and email address of the owner of the intellectual property;
- A statement, in which you state that the alleged and disputed use of your copyright or other intellectual property is not authorized by the owner of the copyright or other intellectual property, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The XiriCompany agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
492C Cedar Lane, Suite 408
Attn: Copyright and IP Claims Agent
Local: (201) 836-7359
Email: [email protected]
11. THIRD PARTIES ADVERTISERS AND LINKS TO OTHER SITES
Any correspondence or business dealings with, or the participation in any promotions of, any third parties advertising through the Sites or Services (which business dealings may include the payment and/or delivery of goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings) are and shall be solely between you and any such third party. You agree that XiriCompany shall not be responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings with any such third party.
XiriCompany and third parties may provide links to other websites and/or resources. You acknowledge and agree that XiriCompany is not responsible for the availability of any such external sites or resources, and XiriCompany does not endorse, nor is it responsible or liable for, any content, products, advertising, or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that XiriCompany shall not be responsible or liable, directly or indirectly, for any damage or loss which may be a result of, caused, or alleged to be caused by or in connection with the use of or the reliance on any content, goods or services made available on or through any such site or resource.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.
12. SALE OF PRODUCTS
To the extent that you place an order for a Product or Product through the Site, such order is subject to this User Agreement and any additional terms (if any) expressly set forth on the listing for such Product.
The terms of the Return Policy available here, the Accepted Payment Methods page available here, the Shipping Policy available here and In-Store Pickup available here), in each case as in effect on the date you place an order for a Product or Products through the Site, are hereby incorporated into and made a part of this User Agreement and shall be applicable to such order.
You are responsible for payment of any sales, use, consumption, VAT, excise, or other taxes (including taxes measured by receipts from any transaction) imposed by any taxing authority and required to be paid or collected by XiriCompany or you as a result of transactions completed using the Sites or Services. XiriCompany may withhold any such taxes assessed in any transaction. However, even if XiriCompany does not withhold and pay such taxes, you remain responsible for any taxes that may be assessed by any governmental authority. Risk of loss of or damage to any items purchased passes to you upon delivery to the carrier.
XiriCompany attempts to accurately describe the Products and display them Products accurately. However, XiriCompany does not warrant that product description or other content of any Service is accurate, complete, reliable, current, or error-free. Without limitation to the foregoing, while XiriCompany has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. Use of the Sites and Services is not meant to serve as a substitute for professional medical advice; the Sites and Services are solely online stores for skincare products, beauty & wellness products, and other Products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Sites or Services before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. All Products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
You shall indemnify and hold harmless XiriCompany and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, printers, contractors, licensors, suppliers, vendors, partners, agents, and representatives (collectively “XiriCompany Parties”) from and against any liability, loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, incurred or suffered by the XiriCompany Parties and arising out of or in connection with (a) your User-Generated Content; (b) your use of the Sites or Services; (c) the use of the Sites or Services by any person who uses the Sites or Services while logged on under your user name and password; (d) your violation of any provision in the User Agreement; or (e) your violation of any laws or of any rights of a third party.
SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.
14. WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SITES, SERVICES, AND SOFTWARE ARE AT YOUR SOLE RISK. THE SITES, SERVICES, AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. EXCEPT FOR EXPRESS WARRANTIES SET FORTH IN ANY LISTING FOR A PRODUCT AND EXCEPT AS SET FORTH IN THE RETURNS POLICY IN EFFECT AT THE TIME AN ORDER FOR A PRODUCT IS PLACED, ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. EXCEPT FOR EXPRESS WARRANTIES SET FORTH IN ANY LISTING FOR A PRODUCT AND EXCEPT AS SET FORTH IN THE RETURNS POLICY IN EFFECT AT THE TIME AN ORDER FOR A PRODUCT IS PLACED, XIRI COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITES, SERVICES, SOFTWARE, AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION TO THE FOREGOING, XIRICOMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES THAT (i) THE SITES, SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SITES, SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SITES, SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH THE SITES, SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF XIRI COMPANY SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
15. LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE XIRI COMPANY PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH THE XIRI COMPANY PARTIES MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR. IN ADDITION, THE LIABILITY OF THE XIRI COMPANY PARTIES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF $500 OR THE AMOUNT YOU HAVE PAID TO XIRI COMPANY IN THE 12 MONTHS BEFORE THE ACTION GIVING RISE TO LIABILITY.
SEE SECTION 16 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.
16. EXCLUSION AND LIMITATIONS; CONSUMER PROTECTION NOTICE
THERE ARE SOME JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS SET FORTH UNDER “WARRANTY DISCLAIMERS” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU.
If you are a consumer, the terms of Sections 10, 12, 14, 16, and 18 do not limit or waive your rights as a consumer under the local state law of your State of residence. Furthermore, if you are a consumer, the provisions in this User Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. Without limitation to the foregoing, if you are a New Jersey consumer, the terms of Sections 10, 12, 14, 16, and 18 do not limit or waive your rights as a consumer under the New Jersey law and the provisions in this User Agreement are intended to be only as broad and inclusive as is permitted by New Jersey law. In any event, XiriCompany reserves all rights, defenses, and permissible limitations under the local state law of your State of residence.
17. ACCESS TO SERVICES; RESALE OF PRODUCTS
The Sites and Services are intended for use by consumers of skincare products, beauty products, and other products made available through the Sites. You agree not to replicate, duplicate, copy, trade, sell, resell or exploit for any commercial reason any part, use of, or access to XiriCompany’s Sites, Services, or Software.
In addition, the Products available through the Sites are intended for sale to end-users and are not intended for resale. To the extent that you obtain any Product(s) through the Sites, you shall indemnify and hold harmless the XiriCompany Parties from and against any liability, loss, cost, claim, demand, or other harm of any kind, including reasonable attorneys’ fees, incurred or suffered by the XiriCompany’s Parties in connection with or as a result of any resale, offer to resell or further distribution of the Products by you or any person acting through you.
SEE SECTION 16 ABOVE FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 17.
18. REWARDS PROGRAM
XiriCompany may from time to time offer a rewards program in connection with the sale of Products through the Sites or the Services available through the Sites. XiriCompany reserves the right to revise, modify, discontinue, suspend, cancel or otherwise change or cease offering any reward program at any time, with or without prior notice. You agree that XiriCompany shall not be held liable for any such revisions, modifications, discontinuances, suspensions, cancellation or cessation, or changes to any reward program.
19. CHOICE OF LAW AND FORUM
(A) You and XiriCompany mutually agree that the relationship between the parties shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE.
(B) You and XiriCompany mutually agree that any and all claims, causes of action and/or disputes, arising out of or relating to the User Agreement, or the relationship between you and XiriCompany shall be filed within the state courts having jurisdiction within Bergen County, New Jersey, or the U.S. District Court for the District of New Jersey; provided, however, that in the event that XiriCompany asserts a right to indemnification under the User Agreement with respect to any third-party action filed and pending in the court of another jurisdiction, XiriCompany may assert such claim for indemnification in the court in which such third party action has been filed. You and XiriCompany agree to submit to the jurisdiction of the state courts having jurisdiction within Bergen County, New Jersey, or the U.S. District Court for the District of New Jersey, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
20. GENERAL TERMS
This User Agreement constitutes the entire agreement between you and XiriCompany and shall govern the use of the Sites, Services, and Software and the purchase of the Products, superseding any prior version of this User Agreement. No failure or delay in exercising or enforcing any right or provision of this User Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this User Agreement remain in full force and effect. The parties agree that there are no third-party beneficiaries to this User Agreement.
XiriCompany may furnish you with notices relating to this User Agreement by any reasonable means currently known or which may be developed including, but not limited to email, regular mail, MMS or SMS, text messaging, or postings on the Sites. To the extent that XiriCompany uses any contact information you have provided through the registration of your user account or otherwise, you agree that transmittal in accordance with such contact information shall be deemed valid notice to you, and any failure by you to update such information shall not affect the validity of such notice given to you.
If you wish to contact XiriCompany, you may use the following contact information.
492C Cedar Lane, Suite 408
Teaneck, New Jersey 07666
Telephone: Local (201) 836-7359 or (866) 836-2796
Email: [email protected]