Terms Of Use
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the Xpogo.com domain name, the “Xpogo Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Use”), and (2) Xpogo LLC’s privacy notice, found at www.Xpogo.com/privacy If you do not agree to any of these terms, please do not use the Xpogo.com Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. Xpogo LLC may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Warranty Disclaimer
You agree that your use of the Xpogo.com Website shall be at your sole risk. To the fullest extent permitted by law, Xpogo LLC, its officers, directors, employees, and agents disclaim all warranties, expressed or implied, in connection with the website and your use thereof. Xpogo LLC makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content, (2) personal injury, death, or property damage, of any nature whatsoever, resulting from your access to and use of the website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our website, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Xpogo.com website. Xpogo LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Xpogo.com website or any hyperlinked website or featured in any banner or other advertising, and Xpogo LLC will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
3. Limitation of Liability
In no event shall Xpogo LLC, it’s officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) errors, mistakes, or inaccuracies of content, (2) personal injury, death, or property damage, of any nature whatsoever, resulting from your access to and use of our website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our website, (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Xpogo LLC website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Xpogo LLC shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Website is controlled and offered by Xpogo LLC from its facilities in the United States of America. Xpogo makes no representations that the Xpogo.com Website is appropriate or available for use in other locations. Those who access or use the Xpogo.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
4. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13 or if you are under 13 you are using this site in the direct supervision of an adult guardian, as the Xpogo.com Website is not intended for unsupervised children under 13. If you are under 13 years of age and unsupervised, then please do not use the Xpogo.com Website.
5. Indemnity
You agree to defend, indemnify and hold harmless Xpogo LLC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Xpogo.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Xpogo.com Website.