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WEBSITE TERMS AND CONDITIONS AGREEMENT

 

CAREFULLY READ AND AGREE TO PURCHASE TERMS BELOW BEFORE ORDERING

If you have questions which are not answered here, please feel free to contact us

Telephonically toll free at 1-855-301-5611 or via Email at info@xojosports.com

 

ATTENTION: This is a binding agreement between You, the person or entity agreeing to the terms contained in this document ("You", "Your" or "Customer"), and XOJO SPORTS ("XOJO", "Our" or "Company") the owner and administrator of this Website and all content and functionality contained herein.

 

IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE WEBSITE.

 

1. INTRODUCTION

A.  These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these "Terms" or this "Agreement"), govern Your use of and access to this Website or any other website(s) owned or operated by XOJO SPORTS including but not limited to social media platforms/sites managed by XOJO SPORTS where applicable and acceptable and any and all of its sub-pages (collectively, the "Website" or "SITE").

B. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether You have read these terms or not. It is suggested that You print this form for Your personal records.

C. XOJO reserves the right to revise, amend, or modify this policy and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. Accordingly, You should periodically check this page for any modifications of these Terms.

D. If You do not agree to be bound by these Terms, You may not enter, access or use the Website, or purchase any products through this Website, and You should exit the Website immediately. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of Your state, province or country.

E. At the bottom of this page appears a "last modified" date. If the "last modified" date remains unchanged, then You may presume that no changes have been made since the "last modified" date. A changed "last modified" dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

   

2. POLICIES FOR ORDERING PRODUCTS THROUGH THE WEBSITE

If You have any questions please contact Our Customer Service Department toll-free at 1-855-301-5611. After 30 days from the original purchase all sales are final. Sales before 30 days will be handled by customer service on a case by case basis.

Our product is offered in varying packages for purchase as follows:

A. Non-Autoship/No Subscription

You receive the product ordered at the price stated BEFORE Shipping & Handling Fees (and Sales Tax where applicable).  You will only receive the product ordered and there will be no recurring charges or shipment of product associated with that order.

B. Monthly Autoship/Subscription*

You receive the product ordered at the price stated BEFORE Shipping & Handling Fees (and Sales Tax where applicable) + complimentary (FREE) Monthly Autoship/Subscription enrollment.  You will receive the product ordered in the amount ordered EVERY month following the original purchase date and shall continue without end until You cancel Your auto-shipment subscription.  You will be charged EVERY month for the product at the price listed on the website at the time of shipment each month PLUS Shipping and Handling Fees (and Sales Tax where applicable).

 

*Monthly Autoship/Subscription Terms and Conditions: 

Monthly Autoship/Subscription is offered only to online customers who purchase through our website.  Monthly Autoship is conveniently scheduled to begin with your first order and continue monthly thereafter.  The Monthly autoshipment program provides you with XOJO SPORTS products automatically shipped to you every month thereafter and shall continue without end until You cancel your autoshipment subscription. You may cancel autoshipments at any time before your monthly subscription order is shipped by logging into your online account at our SITE and cancelling Your Subscription, or by contacting our customer service department using our toll free phone number 1-855-301-5611, or by emailing info@xojosports.com.  You will be held responsible to pay for all orders that ship if you do not cancel before your next autoshipment occurs.

 

3. SHIPPING AND HANDLING FEES & SALES TAX

A. Shipping & Handling Fees

Orders placed through our website will be charged a shipping and handling fee as follows:

i. Orders with a total weight under 15 pounds: These orders will be charged $5.00 ($USD) shipping and handling. 

ii. Orders with a total weight of 15 pounds or greater and under 30 pounds: These orders will be charged $9.97 ($USD) shipping and handling. 

iii. Orders with a total weight of 30 pounds or greater and under 75 pounds: These orders will be charged $19.97 ($USD) shipping and handling. 

iv. Orders with a total weight of 75 pounds or greater and under 90 pounds: These orders will be charged $29.97 ($USD) shipping and handling. 

v. Orders with a total weight of 90 pounds or greater and under 135 pounds: These orders will be charged $39.97 ($USD) shipping and handling. 

vi. Orders with a total weight of 135 pounds or greater and under 150 pounds: These orders will be charged $49.97 ($USD) shipping and handling. 

vii. Orders with a total weight of 150 pounds or greater: These orders will be charged $59.97 ($USD) shipping and handling. 

B. Shipping/Delivery Options

Most orders are shipped using standard, overland ground delivery schedules. We use FedEx, the United States Post Office or United Parcel Service under most circumstances. Most in-stock orders will ship within our usual order processing time of 2 business days. However, please allow up to 4 business days for us to pack and ship. The total time to receive your package is dependent on many factors including the ship to address and the quantity of your order.  The total delivery time is calculated as: (2-4 days for us to pack and ship) + (shipping transit time) = Total Delivery Time

Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. We do not guarantee arrival dates or times. We do not offer International Shipping as a standard offering.  You may request international shipping by contacting us at info@xojosports.com with the subject line “INTERNATIONAL SHIPPING REQUEST”. If you need to track your shipment, please refer to your Order Number on your order Receipt. Please call our store or send us e-mail at info@xojosports.com with your request and we will respond with a status report as soon as possible. Please note that all charges are stated in United States currency ($USD). All weights are stated in US measurements (1 US pound equals approximately 0.45 kg.)

C. Sales Tax

State sales taxes are applied to all shipments within States wherein we have a physical business presence. Sales taxes are not applied to shipments for destinations outside the State wherein we have a physical business presence. Sales taxes vary according to the category of item ordered and are calculated at the cash register. State tax is charged in accordance with the law and all tax collected is remitted directly to the State and is not kept by this Store. If you have a question about sales tax, please contact the store via e-mail info@xojosports.com  or toll free phone 1-855-301-5611.

 

4. REFUNDS AND RETURNS

A. Satisfaction

We want You to be satisfied with our products. If you are ever not satisfied with any product that you ordered, you may call our customer service department toll-free at 1-855-301-5611and request a refund. After 30 days from the original purchase date all sales are final. Refunds on products purchase on or before 30 days will be handled by XOJO’s customer service on a case by case basis.

B. Refund Stipulations

i. Customers are restricted to receiving a single refund per Product ordered. Repetitive refunds are not permitted unless the Product, as delivered to You, is defective. XOJO reserves the right to refuse a refund to any customer who repeatedly requests refunds or who, in XOJO’s judgment, requests refunds in bad faith.

ii. In order to process Your refund, You must supply XOJO with Your name, order number and delivery address. If You provide us with insufficient or incorrect information, Your refund will be delayed.

iii. Depending on the bank that issues the credit card You used, Your refund can take up to thirty (30) days to appear on Your credit card statement. If You have any questions about whether a refund has been issued by XOJO, please call Our Customer Service Department toll-free at 1-855-301-5611.

iv. Please note: Your original order MUST be returned intact and UNOPENED to receive your full refund and you will still be liable for whatever product you opened and used even if you have purchased the shipping protection.  After 30 days from the original purchase all sales are final.

C. Billing Errors

If You believe that You have been erroneously billed, please notify Our Customer Service Department toll-free at 1-855-301-5611 immediately of such error.

D. Return Policy

i. WE WILL NOT HONOR EMPTY BOTTLE RETURNS!

ii. We accept returns, but only if the product was found to be damaged upon arrival or if the wrong item was shipped.  It is Your responsibility to ensure you are ordering the right product. If you do have a problem with your shipment, please contact us via e-mail at info@xojosports.com, or toll free phone at 1-855-301-5611.  You will be given a product return number.  You must include this number on the outside of your returned product.  If you do not include this number your returned product will not be accepted.  The customer must pay for the shipping to return the product.  If the product is determined to be damaged or the wrong product was shipped and the product return number is posted on the outside of the returned product, the customer will be reimbursed the return shipping charges as long as the product is shipped standard US ground.

E. Payment Policy

Payment for orders will be made via your credit card upon packing the order. Sales tax and shipping charges will be added. Your credit card will be charged on the day that your order is placed.  By ordering Products from XOJO, You authorize XOJO to charge Your credit card accordingly. This authority shall remain in effect until and unless You have cancelled future orders of the Products as described in this Agreement, above. If You have any questions about the descriptor on Your credit card statement, You should call Our Customer Service Department toll-free at 1-855-301-5611.

F. Privacy Policy

We respect and value your privacy. Our complete Privacy Policy can be found herein below.  You may visit our SITE at any time and your identifying personal information will be used only to support the relationship between you and our store. In this regard, we guarantee that we will not sell or provide your personal information, either in whole or in part, to anyone for any reason, unless required to do so by order of law. For more detailed information regarding our Privacy Policy, see the Privacy Policy Statement below.

G. Security Information

We endeavor to provide you with full protection surrounding any personal information such as your name and contact information, including your mailing address, contact telephone number/s, and other pertinent identifying information you may provide to us in order to serve your needs. In addition, we use the latest and most up-to-date security software to encrypt your payment information, including your personal and credit card data. For more detailed information regarding our Security Policy, see the Security Section of the Privacy Policy Statement below.

H. Credit Card Processing Policy

We work to protect the security of your information so that no part of your Credit Card can be read during transmission by using Secure Sockets Layer (SSL) encrypting software. Credit Card payments are processed only when we have completed your order according to your instructions and have notified you that the order has been processed and your Credit Card has been charged. If you have any questions about the charges on your Credit Card, please contact us v e-mail info@xojosports.com, or toll free phone 1-855-301-5611 and be prepared provide us with your name and your Order Number.

 

5.  REPRESENTATIONS; DISCLAIMERS

A. Our Products are not intended to diagnose, treat, cure or prevent any disease. Individual results will vary.

B. You agree that if You have suspect medical history, that You either have consulted, or will consult, with a physician before taking any of XOJO’s Products, and You will cease immediately taking XOJO Products if You experience any ill effects or unintended side effects of any of XOJO’s Product.

C. All Product specifications, performance data and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.

D. We do not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person.

 

6. TERM

A. This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website.

B. We reserve the right to terminate this Agreement without notice and/or refuse to sell to anyone who We believe, in Our sole discretion,

i. has violated any of the terms of this Agreement,

ii. is abusing the Products or the services we provide, or

iii. is unable to provide us with sufficient information to allow us to properly identify the customer’s real name, address, or other contact information.

 

7. LIMITATION OF LIABILITY; NO WARRANTIES.

A. In no event shall XOJO or its officers, directors, employees or subcontractors be liable for any indirect, special, incidental, exemplary, consequential or punitive damages, under any cause of action whatsoever including but not limited to contract, tort, strict liability, warranty or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, "Claims") arising from or related to this Agreement, the Products, or Customer’s use of the Website or any Product.

B. Except as otherwise specifically stated in this Agreement, the Website and all Products and services provided to You are provided "as is", without any warranty whatsoever.

C. You agree that XOJO’s entire liability for all Claims shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to XOJO in the one (1) month period immediately preceding the incident on which Your Claim is based. This limitation of liability shall apply for all Claims, regardless of whether XOJO was aware of or advised in advance of the possibility of damages or such Claims.

D. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, therefore some of the above exclusions may not apply to You.

 

8. INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless XOJO, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from You promptly, we reserve the right to defend such claim or suit and seek full recompense from You.

Effective Date: 10/01/2014

 

 

 

WEBSITE USAGE POLICIES & PROCEDURES

 

The XOJO SPORTS Company ("XOJO SPORTS") maintains this Website or any other website(s) owned or operated by XOJO SPORTS including but not limited to social media platforms/sites managed by XOJO SPORTS where applicable and acceptable and any and all of its sub-pages ("the SITE") for your personal entertainment, information, education and communication. Feel free to browse the SITE, but please read these terms and conditions before doing so.

Your access to and use of the SITE is subject to the following terms and conditions ("Terms and Conditions of Use"). XOJO SPORTS may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions. By accessing and browsing the SITE, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, then please do not use the SITE.


Terms and Conditions of Use

Please read these Terms and Conditions of Use (the "Agreement") carefully before using this website. By using this website or any other website(s) owned or operated by XOJO SPORTS (referred to herein as "XOJO SPORTS" "we," "us" and "our") including but not limited to social media platforms/sites managed by XOJO SPORTS where applicable and acceptable and any and all of its sub-pages  (collectively, the "SITE"), you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not use the SITE.  XOJO SPORTS reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the SITE. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the bottom of this Agreement. You should always check this Agreement prior to using the SITE. Your continued use of the SITE following the posting of changes to this Agreement will mean that you accept those changes.

For the purposes of this Agreement and wherever these terms are used on the SITE, the following terms have the following meanings:

“XIBA” shall mean a XOJO Independent Brand Ambassador.  A XIBA is an independent third party that: (a) has agreed, pursuant to the terms and conditions the XIBA Agreement with XOJO SPORTS, to be a representative for XOJO SPORTS, (b) remains an ACTIVE XIBA in good standing with XOJO SPORTS, and (c) has not been terminated by XOJO SPORTS.  XIBAs acknowledge and agree that their use of the SITE is subject not only to the terms and conditions in the LEGAL section of the SITE, but also the terms and conditions contained in the XIBA Agreement and related policy manual.

“Affiliate” shall mean any third party entity contracted by XOJO SPORTS to promote XOJO SPORTS and the sale of its products.


XIBA & Affiliate Independence

XIBAs and Affiliates are independent third party entities/individuals that are not otherwise affiliated with XOJO SPORTS.  XOJO SPORTS is not responsible or liable for the statements, acts or omissions of XIBAs or Affiliates, whether through or in connection with the SITE, “offline” or otherwise.  XOJO SPORTS has not taken any steps to confirm the accuracy or reliability of any materials communicated by a XIBA or Affiliate and makes no representations or warranties as to the security or validity or any communications between You and any XIBA or Affiliate.


Restricted Uses

The SITE is owned and operated by XOJO SPORTS. The contents of the SITE are copyrighted under United Stated trademark and copyright laws and may also be copyrighted under the laws of other countries. Except as stated herein, none of the material on the SITE may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of XOJO SPORTS's copyright and other proprietary rights.

"XOJO" and the other XOJO SPORTS trademarks, trade names, service marks and logos appearing on the SITE are proprietary trademarks of XOJO SPORTS. The use of any of our trademarks or any other content made available through the SITE, except as expressly provided in this Agreement, is strictly prohibited.

 

REGISTRATION

You may use the SITE without registration, but in order to take advantage of some aspects of the SITE, you will need to register for an account. For example, you may be required to register with XOJO SPORTS in order to access certain areas of the SITE, for example, to purchase XOJO SPORTS products or otherwise initiate transactions.  Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

With respect to any such registration, we may refuse to grant you, and you shall not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are solely responsible for maintaining the confidentiality of any password you may use to access the SITE, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the SITE, to any third party.

You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the SITE that occur in connection with your user name. You agree to immediately notify XOJO SPORTS of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the SITE, and to ensure that you "log off" and exit from your account with the SITE (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

 

SUBMISSION LICENSE

The SITE may include various forums, blogs and chat rooms where you can post your ideas, observations and comments on designated topics. We cannot guarantee that other users (or other parties) will not use the ideas that you share. Therefore, if you have an idea that you would like to keep confidential and/or do not want others to use, do not post it to the SITE.

THESE TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS AND YOUR PARTICIPATION AND SUBMISSION HEREUNDER CAUSES YOU TO ENTER INTO A LEGAL AND BINDING AGREEMENT WITH XOJO SPORTS. PLEASE READ THIS VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS BEFORE SUBMITTING ANY MATERIALS.

Any submission(s) you make on this SITE that contain content, including artwork, audio recordings, copy, images, music, photography, text, video recordings, ideas, written materials and/or other materials ('User Content') are governed by the following license terms ('License'):

1. You hereby grant to XOJO SPORTS an irrevocable, nonexclusive, royalty-free perpetual license to use and exploit your User Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness and biographical data in connection with the User Content. XOJO SPORTS shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this License in its entirety, without payment to you.

2. You hereby acknowledge and agree that: (a) XOJO SPORTS shall have the right to crop, edit, alter or arrange the User Content in any way it desires in XOJO SPORTS's sole discretion; (b) XOJO SPORTS shall not have any obligation to provide you with any credit when using your User Content, but in the event XOJO SPORTS chooses to provide you with credit the size and placement of the credit shall be at XOJO SPORTS's sole discretion; (c) you shall waive any 'moral rights' that you may have in the User Content; and (d) you are not entitled to any compensation or other payment from XOJO SPORTS in connection with the User Content. You understand that XOJO SPORTS will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this License and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should XOJO SPORTS use your User Content.

3. You represent and warrant that: (a) You have the full power and authority to grant the License described herein and to perform all of your obligations set forth in this License; (b) you are the author of the User Content and that each and every element of the User Content is an original work created by you; (c) you are the sole and exclusive owner of the User Content and all of the trademark and copyrights therein; (d) no third party is entitled to any compensation or payment as a condition for XOJO SPORTS's use and exploitation of the User Content; and (e) the User Content conforms to the Acceptable Use Policy described below.

 

RULES OF CONDUCT

Users of the SITE are expected to respect the law as well as the rights and dignity of others. While using the SITE you agree to comply with all applicable laws, rules and regulations. In addition, your use of the SITE is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the SITE.  Users of the SITE are expected to comply with the ACCEPTABLE USE POLICY (‘AUP’) below.

The following is not permitted on the SITE:

1. Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking" is not permitted;

2. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment;

3. Any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved by XOJO SPORTS in advance;

4. Use of any personally identifiable information of another individual, without the prior consent of such individual;

5. Any material, non-public information about a company, without the proper authorization;

6. Use the SITE for any fraudulent or unlawful purpose;

7. Use of the SITE to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about users of the SITE

8. Impersonation of any person or entity, including without limitation any representative of XOJO SPORTS; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the SITE; or express or imply that we endorse any statement you make

9. Interference with or disruption the operation of the SITE or the servers or networks used to make the SITE available; or violate any requirements, procedures, policies or regulations of such networks;

10. Use of the SITE to advertise or offer to sell or buy any goods or services for any business purpose, without XOJO SPORTS's express prior written consent;

11. Actions that reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the SITE;

12. Actions that modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the SITE;

13. Removal of any copyright, trademark or other proprietary rights notice from the SITE or materials originating from the SITE;

14. Actions that Frame or mirror any part of the SITE

15. Actions that create a database by downloading and storing SITE content.

16. Use of any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather SITE content or reproduce or circumvent the navigational structure or presentation of the SITE without XOJO SPORTS's express prior written consent.

Additionally, you acknowledge and agree that you (and not XOJO SPORTS) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the SITE, and for paying all charges related thereto.


ACCEPTABLE USE POLICY ('AUP')

XOJO SPORTS expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to XOJO SPORTS here.

You are solely responsible for the User Content that you post on the SITE or transmit to other users and agree that you will not hold XOJO SPORTS responsible or liable for any User Content from other users that you access on the SITE. Any User Content you provide to us should reflect your honest opinions, findings, beliefs or experience, and are within your personal knowledge.

Categories of prohibited User Content below are merely examples and are not intended to be exhaustive. XOJO SPORTS will make the sole determination as to whether or not User Content is acceptable for the SITE. Without limitation, you agree that you will NOT post or transmit to other users anything that contains User Content that:

1. is defamatory, abusive, obscene, profane or offensive;

2. includes photographs, depictions or references to any people other than yourself, unless you have obtained all necessary permissions from those people;

3. includes any material that is owned by anyone else or any company (such as video or film footage, photographs, pictures, drawings, cartoons, artwork, trademarks, visible logos, insignia, signage, slogans, phrases, written text, or other materials), unless you have obtained all required permissions from the owners;

4. contains music (unless XOJO SPORTS specifically invites you to include music in User Content in a particular situation);

5. contains material that otherwise infringes or violates another party's right of publicity, right of privacy or intellectual property rights of any person or company;

6. contains any e-mail addresses, URLs, phone numbers, physical addresses or other forms of contact information;

7. is threatening or harassing or that promotes racism, bigotry or hatred of any kind against any group or individual;

8. promotes or encourages actual violence against a person;

9. is inaccurate, false or misleading in any way, including, but not limited to, User Content that falsely impersonates any person or organization, that misrepresents an affiliation with another person or organization, or that contains slanderous, libelous, critical, disparaging or spiteful content regarding any person or company or User Content submitted by another user of the SITE;

10. is illegal or promotes any illegal activities;

11. provides links to any external websites that violate this AUP, the Terms and Conditions or the Privacy Policy;

12. promotes illegal or unauthorized copying of another person's copyrighted work or links to websites where infringing content can be found or provides information to circumvent security measures;

13. contains 'masked' profanity (i.e., F*@&#);

14. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

15. contains any advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation or reference to any other product, offer or website;

16. is threatening, harassing, degrading, hateful or intimidating;

17. is defamatory or libelous;

18. is fraudulent or misleading;

19. is obscene, indecent, pornographic or otherwise objectionable;

20. is protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.

21. or does not otherwise comply with these Terms and Conditions.

You may not upload or use avatars that violate this AUP or the Terms and Conditions.

XOJO SPORTS is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with this Acceptable Use Policy. XOJO SPORTS will make all determinations as to what User Content is appropriate in its sole discretion. We may include, edit or remove any User Content at any time without notice.

You understand that when using the SITE, you will be exposed to User Content from a variety of sources, and that XOJO SPORTS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.

You may not use spiders, robots, data-mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the SITE. You may not harvest or collect e-mail addresses or other contact information of other users of the SITE by electronic means. Further, you may not use any such automated means to manipulate the SITE or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, or link the SITE to any third party, without prior written consent.


Forums and Submissions

XOJO SPORTS may offer features through the SITE that enable you to post information and materials publicly, for example, bulletin boards, social media platforms, product reviews, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described herein apply to the Forums. Additionally, without XOJO SPORTS's express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other SITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.

When you submit or make available any information or materials through the Forums or otherwise through any SITE ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by XOJO SPORTS without restriction. You grant to XOJO SPORTS the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sub licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the SITE complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.

We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the SITE. The Forums include the opinions, statements and other content of third parties, including XOJO SPORTS Independent Parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including XOJO SPORTS Independent Parties) through the Forums or otherwise through the SITE are those of such third parties and not of XOJO SPORTS, and XOJO SPORTS does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the SITE at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.

You acknowledge and agree that XOJO SPORTS has no control over, and shall have no liability for any damages resulting from, the use (including without limitation e-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the SITE. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.


Contests and Similar Promotions

Any contest, or similar promotion made available through any SITE may be governed by specific rules that are separate from this Agreement. By participating in any such contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. XOJO SPORTS urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.


Purchases and Other Transactions

If you wish to purchase any product or service or to make a payment to XOJO SPORTS through the SITE (each such purchase or other transaction, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information or bank account number. Any such information provided through the SITE will be treated by XOJO SPORTS in accordance with this Agreement and the Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.

XOJO SPORTS reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the SITE are subject to change without notice, and XOJO SPORTS shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to XOJO SPORTS's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the SITE, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.


USER CONTENT AND ELIGIBILITY TO PARTICIPATE IN CERTAIN SPORTS ORGANIZATIONS

XOJO SPORTS maintains this SITE for your personal entertainment, as well as for informational and educational purposes. XOJO SPORTS has invited you to post non-commercial User Content on this SITE. Certain sports organizations have rules on amateurism and eligibility that could potentially be implicated if you post User Content on this SITE, even User Content that you believe is noncommercial in nature. It is your responsibility to determine whether posting User Content on this SITE will affect your eligibility to participate in any sport under any applicable rules of any sports organization. By posting User Content on this SITE, you hereby release and hold harmless XOJO SPORTS and its agents from any claim or liability arising from your posting of the User Content on this SITE, including any claim that your posting of User Content has affected your eligibility to participate in any sport.

 

TERMINATION OF ACCESS

In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the SITE, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

 

INDEMNITY

You agree to defend, indemnify and hold harmless XOJO SPORTS, its parent company and all of their officers, directors, employees, business partners 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) any breach by you of any of these Terms and Conditions, (ii) your User Content, (iii) your use of materials or features available on the SITE (except to the extent a claim is based upon infringement of a third-party right by materials created by XOJO SPORTS) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

INTELLECTUAL PROPERTY

You should assume that all materials, designs, text and images (collectively, the 'Materials') contained in the SITE are either the copyrighted property of XOJO SPORTS, LLC unless otherwise noted, or are the copyrighted property of third parties. You may download one single hard copy of Materials displayed on the SITE for noncommercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, repost or use the content of the SITE for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of XOJO SPORTS, LLC, and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. XOJO SPORTS neither warrants nor represents that your use of Materials displayed on the SITE will not infringe rights

This SITE contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by XOJO SPORTS, LLC and used by XOJO SPORTS and its subsidiaries (the 'Trademarks'). The Trademarks displayed on the SITE are registered and unregistered Trademarks of XOJO SPORTS, LLC. Nothing contained on the SITE should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the SITE, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, XOJO SPORTS will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

LIMITATION OF LIABILITY/NO WARRANTY

XOJO SPORTS makes no representations that the Materials in this SITE are appropriate or available for use in other countries aside from the United States. Those who do access this SITE from other countries are solely responsible for compliance with local laws of that country.

THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED 'AS IS' AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

CHILDREN

This Web SITE is not intended for children under the age of 13. Children under the age of 13 are not permitted to register to use the interactive features of our Web SITE such as registering, signing up for e-mail notifications, or chat rooms and message boards. Please refer to our Privacy Notice for information on the types of information we collect in the registration process from children that are between the ages of 13 and 17.

 

CUSTOMER SERVICE

If you have a general questions or comments regarding the SITE, please email XOJO at info@xojosports.com. You may also contact us by calling toll free: 1-855-301-5611.

 

THIRD PARTY LINKS

This SITE may link to other SITEs not maintained by or related to XOJO SPORTS. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this SITE or with the products and services of XOJO SPORTS. XOJO SPORTS has not reviewed all of the SITEs linked to the SITE and is not responsible for the content of any off-SITE pages or links to any other SITEs. Viewing all other SITEs is at your own risk. 

XOJO SPORTS cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the SITE because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

XOJO SPORTS shall have the right, at any time and at its sole discretion, to block links to the SITE through technological or other means without prior notice.


DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE

Materials may be made available via the SITE by third parties not within our control (such as User Content). We are under no obligation to, although we reserve the right to, review content used in connection with the SITE for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the SITE.

If you believe any materials on the SITE infringe a copyright, you should provide us with written notice that at a minimum contains:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online SITE are covered by a single notification, a representative list of such works at that SITE;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

All DMCA notices should be sent to our designated agent as follows:

XOJO SPORTS, LLC

Attn: DMCA Questions

P.O. Box 785

Salem, UT 84653

We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there may be penalties for false claims under the DMCA. It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.


Disclaimer

THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. XOJO SPORTS MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE SITE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. XOJO SPORTS MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY XOJO SPORTS INDEPENDENT PARTIES; (B) THAT THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITE ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

While we try to maintain the integrity and security of the SITE and the servers from which the SITE are operated, the SITE may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the SITE. If you become aware of any unauthorized third party alteration to the SITE, contact us info@xojosports.com with a description of the material(s) at issue and the URL or location on the applicable SITE where such material(s) appear.


Limitation of Liability

IN NO EVENT SHALL XOJO SPORTS, ITS PARENT COMPANY OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "XOJO SPORTS ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE SITE, (C) YOUR USE OF OR INABILITY TO USE THE SITE, OR (D) THE ACTS OR OMISSIONS OF XOJO SPORTS INDEPENDENT PARTIES, IN EACH EVENT, EVEN IF XOJO SPORTS OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. XOJO SPORTS IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. XOJO SPORTS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY XOJO SPORTS INDEPENDENT PARTY), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. YOU AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. WITHOUT PREJUDICE TO WHAT IS STATED HEREINABOVE IN THIS CLAUSE, IN NO EVENT SHALL XOJO SPORTS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITE, OR YOUR USE OF OR INABILITY TO USE THE SITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE SITE.

 

GOVERNING LAW

These Terms and Conditions are governed and interpreted under the laws of the state of Utah, United States of America.

YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN COOK COUNTY, ILLINOIS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.

Any claims asserted by you in connection with the SITE must be asserted in writing to XOJO SPORTS within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms and Conditions set forth the entire understanding and agreement between you and XOJO SPORTS with respect to the SITE. You acknowledge that any other agreements between you and XOJO SPORTS with respect to the SITE are superseded and of no force or effect.


Termination and Enforcement

This Agreement is effective until terminated by XOJO SPORTS. You agree that XOJO SPORTS, at its sole discretion, may terminate your access to or use of the SITE, at any time and for any reason, including without limitation if XOJO SPORTS believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the SITE will immediately cease. You agree that any termination of your access to or use of the SITE may be effected without prior notice and that XOJO SPORTS may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that XOJO SPORTS shall not be liable to you or any third party for any termination of your access to the SITE or to any such information or files, and shall not be required to make such information or files available to you after any such termination. XOJO SPORTS reserves the right to takes steps that XOJO SPORTS believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the SITE and/or a third party claim that your use of the SITE is unlawful or violates such third party's rights).


Waiver / Severability

Both you and XOJO SPORTS acknowledge and agree that no partnership is formed and neither of you nor XOJO SPORTS has the power or the authority to obligate or bind the other.

No waiver of any provision or of any breach of these Terms and Conditions shall constitute a waiver of any other provisions or any other or further breach. In the event that any provision of these Terms and Conditions shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Terms and Conditions shall continue in full force and effect.

 

Effective Date: 10/01/2014

 


PRIVACY POLICY STATEMENT

XOJO SPORTS (“XOJO SPORTS,” “us,” or “we”) has created this Privacy Statement to inform you about how we collect, use and disclose information. This Privacy Statement applies to information collected through this website and any mobile websites, applications, widgets, and other interactive features that link to this Privacy Statement or any other website(s) owned or operated by XOJO SPORTS including but not limited to social media platforms/sites managed by XOJO SPORTS where applicable and acceptable and any and all of its sub-pages (the “SITE“). Except as specifically provided below, this Privacy Statement does not apply to information collected by XOJO SPORTS by or through any other means, such as information collected offline.

XOJO SPORTS grants independent contractors selling rights to its products (hereinafter referred to as Representatives). Representatives are not employed by XOJO SPORTS. Therefore, XOJO SPORTS does not control, and is not responsible or liable for the collection, use or disclosure of Personal Information by Independent Sales Representatives, including for their marketing purposes. If you provide information to an Independent Sales Representative through the SITE, XOJO SPORTS will have access to it and shall treat it in accordance with this Privacy Statement. Representatives may provide XOJO SPORTS with information regarding their customers, in which case XOJO SPORTS will treat such information, once in its possession, in accordance with this Statement. If you are the customer of an Independent Sales Representative, you should check with your Representative directly to learn about its privacy practices.


Collection of Personal Information 

“Personal Information” is information that can identify you such as name, postal address (including billing and shipping addresses), telephone number, e-mail address, credit card number, and user name. We collect Personal Information from you when you choose to participate in our offers and programs or otherwise provide information directly to us, including when you register with us, purchase products, participate in our interactive features or otherwise interact with us on the SITE.


Use of Personal Information

XOJO SPORTS may use Personal Information:

1. for the purposes for which you specifically provided it including, without limitation, to enable us to respond to your inquiries and process and fulfill your requests;

2. to send you information about your relationship or transactions with us;

3. to tell you about products, services, programs, and offers that we believe may be of interest to you via e-mail, SMS, telephone or postal mail;

4. to personalize your experience with us including by presenting products or offers tailored to you;

5. to allow you to use, communicate and interact with others on our SITE;

6. to help you find an Independent Sales Representative including suggesting a new XOJO SPORTS Representative if your XOJO SPORTS Representative has discontinued selling XOJO SPORTS products, and to facilitate the business activities of an Independent Sales Representative;

7. for our internal business purposes, such as data analysis, audits, developing new products, enhancing the SITE, improving our services, identifying usage trends, and determining the effectiveness of our promotional campaigns;

8. to allow you to participate in sweepstakes, contests and similar promotions and to administer these activities (Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully);

9. to complete and fulfill your order, or otherwise provide you with products or services, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service; and

10. to allow you to send an e-mail to other people through our “send to a friend” type functionality. (By using this functionality you are telling us that you are entitled to use and provide us with your friend’s name and e-mail address for that purpose. Your friend’s information will only be used to send the forwarding e-mail and is not saved in our databases).

 

Sharing Personal Information

XOJO SPORTS may disclose your Personal Information:

1. to companies that are affiliated with us, that is, are part of the XOJO SPORTS family of companies, but not for their direct marketing purposes;

2. to third-party service providers who provide services to XOJO SPORTS, such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, information technology services, customer service, e-mail delivery services, credit card processing, auditing, training, and other similar services (These third parties will be supplied with, or have access to, your Personal Information for the purpose of providing these services to us or on our behalf);

3. to Independent Sales Representatives, to the extent necessary for them to contact you, fulfill your orders or provide a service to you;

4. to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings); and

5. as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

 

Collection of Non-Personal Information

“Non-Personal Information“ is any information that does not reveal your specific identity, such as: browser information, information collected through cookies, pixel tags and other technologies, demographic information and other information provided by you or XOJO SPORTS Representatives, or aggregated information.

We and our third-party service providers may collect Non-Personal Information in a variety of ways. For example, we collect information such as your computer type (Windows or Macintosh), screen resolution, operating system version and internet browser type and version, collect demographic information, such as your location, education, profession, age, gender, as well as other information, such as your hobbies and special interests when you voluntarily provide this information to us. 

Unless combined with Personal Information, this information does not personally identify you or anyone else.

 

Aggregating information 

We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

 

Use and Sharing of Non-Personal Information  

Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose.

 

COOKIES AND OTHER TECHNOLOGIES

Cookies: We and our third-party service providers may use “cookies” on the SITE. Cookies allow a web server to transfer data to a computer for recordkeeping and other purposes. We use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the SITE. We also allow vendors to use cookies on our website. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. To learn more about cookies, please visit the following website, which is not affiliated with XOJO SPORTS:  http://www.allaboutcookies.org/.

Local Storage Objects:  We and our third-party service providers may use Flash Local Storage Objects (“Flash LSOs”) in certain situations including recognizing you and remembering what is in your shopping cart. Flash LSOs are different from browser cookies because of the amount and type of data stored. In addition, you generally cannot control, delete or disable the acceptance of Flash LSOs from your browser. For more information on Flash LSOs, and to learn how to control them, click on the support Page for the Flash Player and choose Global Storage Settings Panel and follow the instructions. To see the Flash LSOs on your computer now, go to the Website Storage Settings Panel and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

Pixel tags and other technologies: Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. However, in contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on website pages. We may use clear GIFs (also known as web beacons, web bugs or pixel tags) in connection with the SITE to, among other things, track the activities of our SITE visitors and compile statistics about SITE usage and response rates. We and our third-party service providers also may use clear GIFs in HTML-formatted e-mail messages to help us track e-mail response rates, measure the success of our marketing campaigns, and identify when our e-mails are viewed or forwarded.

SITE Analytics: XOJO SPORTS may work with third-party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our SITE.

Widgets, Applications and similar technologies: If you choose to utilize technology provided by us (such as a widget), any Personal Information or other information you make available through such technology may become available publicly, for example, through social media and other websites and platforms on which you may make the applicable technology available. In addition, some technology may have the capability to be distributed “virally” in other locations (for example, a friend or a customer of yours may post the widget that contains your information to his or her blog). XOJO SPORTS is not responsible or liable for the collection, use or disclosure of Personal Information and/or other information that is made publicly available.

 

How We Collect IP Addresses

Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).  An IP Address may be identified and logged automatically in our server log files whenever a user visits the SITE, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites.

 

How We Use and Disclose IP Addresses

We may use IP Addresses for purposes such as calculating SITE usage levels, helping diagnose server problems, detecting fraud, and administering the SITE. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.

 

Social network and interactive tools

Certain features on our SITE may give you an opportunity to interact with us and others. These may include blogs, message boards, messaging functionality, chat functionality, social media platforms, and creating community profiles. When you use these features you should be aware that any information you submit, including your name, location and e-mail address, may be publicly available to others. We are not responsible for any information you choose to submit through these interactive features and we strongly discourage you from disclosing any sensitive Personal Information through these features. If you use these features, your Personal Information may remain on the SITE even after you cease use of the SITE.  The Terms and Conditions of Use listed above apply to all of these interactive tools.

 

THIRD-PARTY Websites

Our SITE may link to websites operated by other third parties. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our SITE, or for the privacy practices of third party Internet advertising companies. The inclusion of a link on the SITE does not imply endorsement of the linked SITE by us. XOJO SPORTS’s Representatives are solely responsible for their own websites and for any information collected on those websites. If an Independent Sales Representative uses the SITE to collect information from you, XOJO SPORTS may have access to that information and shall treat it in accordance with this Privacy Statement.

 

THIRD-PARTY ADVERTISER

We may use third-party advertising companies to serve ads when you visit our SITE. These companies may use information about your visit to the SITE in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this SITE, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://networkadvertising.org/optout_nonppii.asp.    


Security

XOJO SPORTS uses reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the Contacting Us section below.

 

CHOICE and ACCESS

If you no longer wish to receive marketing-related e-mails from XOJO SPORTS on a going-forward basis, you may opt-out of receiving such marketing-related e-mails by contacting us at info@xojosports.com. We will endeavor to comply with your request as soon as reasonably practicable.

 

RETENTION

XOJO SPORTS may retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or allowed by law.

 

UPDATES TO THIS PRIVACY STATEMENT

From time to time we may change this Privacy Statement. Please take a look at the “EFFECTIVE DATE” legend at the bottom of this page to see when this Privacy Statement was last revised. Any changes to this Privacy Statement will become effective when we post the revised Privacy Statement on the SITE. Your interaction with us following these changes means that you accept the revised Privacy Statement.

 

CONTACTING US

If you have any questions about this Privacy Statement, please email us at info@xojosports.com.  You may also contact us by calling toll free: 1-855-301-5611.

 

XOJO INDEPENDENT BRAND AMBASSADORS AND AFFILIATES

The following provisions are applicable only to XOJO Independent Brand Ambassadors (XIBAs) and Affiliates.  Both XIBAs and Affiliates shall comply with all terms and conditions found at www.xojosports.com/legal.  If you seek to become an XOJO Independent Brand Ambassador (XIBA) we may collect and use your Personal Information including credit-related information to determine your eligibility.

In order to be appointed an XIBA, you will be required to enter into a separate agreement with XOJO SPORTS and comply with the terms, conditions and expectations of the XOJO Policy Manual as part of the XOJO INDPENDENT BRAND AMBASSADOR AGREEMENT (“Ambassador Agreement”).  XOJO may collect, use and disclose your Personal Information as necessary to fulfill our obligations under the Ambassador Agreement.

Once you are an XIBA, we may disclose your Personal Information to current and potential customers who are seeking the assistance of XIBA, and as necessary to comply with legal requirements such as tax and record keeping obligations.  We may also combine the Non-Personal Information that we and our third-party service providers collect about XIBA information including use of your unique Code.  We may use the combined formation for purposes (such as to SITE analysis) in order to evaluate and make improvements to our business model, and for other internal analytics purposes.

 

XIBA AND AFFILIATE CONDUCT

 

1. No Deceptive or Unlawful Consumer Practices

A. No Ambassador or Affiliate shall engage in any deceptive, false, unethical or unlawful consumer practice. Ambassadors shall ensure that no statements, promises or testimonials are made that are likely to mislead consumers.

B. Ambassadors and Affiliates must comply with all requirements of law governing their sale of XOJO Products.

C. Ambassadors shall be legally obligated to properly file and pay any applicable registrations and taxes related to their sale of XOJO Product.

D. Ambassadors shall respect any lack of commercial experience of consumers and shall not abuse the trust of individual consumers, or exploit a consumer’s age, illness, handicap, lack of understanding or unfamiliarity with a language.

 

2. Accurate and Truthful Representation of Products, Services and Promotional Materials

A. The offer of XOJO Products shall be accurate and truthful as to price, grade, quality, value, performance, quantity and availability. A consumer's order for products and services shall be fulfilled in a timely manner.

B. Promotional literature, advertisements and mailings shall not contain product descriptions, claims, photos or illustrations that are false, deceptive or misleading.

 

3. Identification and Privacy

A. Ambassadors shall truthfully and clearly identify themselves, their company, and the nature of their company’s products or services and an independent brand representative.

B. Contact with the consumer shall be made in a polite manner and during reasonable hours. A demonstration or sales presentation shall stop upon the consumer’s request.

C. Ambassador and its Affiliates shall take appropriate steps to safeguard the protection of all private information provided by a consumer, a prospective consumer, or other independent salespeople.

 

Effective 10-01-2014


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