PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
These Terms and Conditions (these "Terms") apply to use of the Xaveon Corporation ("Xaveon") website located at http://www.xaveon.com (this "Site"). This Site is the property of Xaveon.
Before you make any purchases, you must first establish a customer account.
BY CLICKING "I AGREE" BELOW, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS, DO NOT CLICK THE "I AGREE" BUTTON AND DO NOT USE THIS SITE.
Xaveon reserves the right, at its sole discretion, to change, add or remove portions of these Terms, at any time, in its sole discretion and without prior notice to you. It is your sole responsibility to check these Terms before using this Site. Your continued use of this Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to these Terms, which will apply until we post a modified Terms and then in accordance with such modified Terms.
As long as you comply with these Terms and any such modifications, Xaveon grants you a personal, non-exclusive, revocable, non-transferable, non-sublicensable, limited privilege to enter and use this Site.
1. Registration; Customer Accounts; Use of this Site. Certain services offered on or through this Site require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Xaveon immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Xaveon or any other user of this Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to this Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of this Site, or in any way reproduce or circumvent the navigational structure or presentation of this Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or any of the systems or networks comprising or connected to this Site.
You also agree that Xaveon may, at any time, in its sole discretion and without prior notice to you, terminate your access to this Site and your account for any reason, including without limitation: (a) any attempt to gain unauthorized access to this Site or assistance to others' attempting to do so, (b) any attempt overcome security features protecting this Site, (c) discontinuance or material modification of this Site or any service offered on or through this Site, (d) violations of these Terms, (e) failure to pay for purchases, (6) suspected or actual copyright infringement, (f) unexpected operational difficulties, or (g) requests by law enforcement or other government agencies. You agree that Xaveon will not be liable to you or to any third party for termination of your access to this Site.
2. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (a) your name as it appears on the card, (b) your credit card number, (c) the credit card type, (d) the date of expiration, (e) billing address, and (f) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
3. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, or American Express. We currently do not accept cash, checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT XAVEON, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Xaveon of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Xaveon does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Xaveon or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Xaveon will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required.
4. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Xaveon reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Xaveon upon our delivery of products or services that you have ordered. All orders placed over US$3000.00 must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
5. No Responsibility To Sell Mispriced Products Or Services. Xaveon will have the right to refuse or to cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Xaveon will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Xaveon will immediately issue a credit to your credit card account in the amount of the charge.
6. Modifications to Prices or Billing Terms. XAVEON RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD ON THIS SITE, EFFECTIVE IMMEDIATELY UPON POSTING ON THIS SITE OR BY E-MAIL DELIVERY TO YOU.
7. Product Information Policy. Xaveon provides product descriptions, features, images, and technical specifications as an added service to our customers. We will not be held responsible for product misinformation displayed on our site. For product information, consult the product manufacturer's website. Click here for a list of manufacturer and distributor contacts. To report product information errors, contact the webmaster.
8. Service and Support Policy. Xaveon provides limited support for its products and full support for its online services. All non-general requests for technical support of products sold through this Site must be made directly to the product's manufacturer or distributor. Contact the manufacturer or distributor directly for service or technical support. If you need service or technical support on a product sold through this Site click here for a list of manufacturer and distributor contacts.
9. Return Policy. Price, specification, and terms are subject to change without notice. All parts come with original manufacturer's warranty. Customer pays return shipping on all services. All products may be returned within 30 days from the original purchase date as shown in order history for a refund, unless otherwise specified. A Return Merchandise Authorization (RMA) is required for all returns. Customers must inform Xaveon of any order discrepancy within 7 days of the original purchase date so that we may investigate and resolve the situation accordingly. Physical damage to any product purchased at our site will effectively void the standard 30 day return policy. A 15% restocking fee will be applied for all returns for refund. Shipping charges are non-refundable. No refund after 30 days.
While Xaveon takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT WILL XAVEON BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER XAVEON WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
11. Consent To Our Communication With You By E-Mail. By establishing a Xaveon account, and each time you make a purchase through this Site, you grant permission for Xaveon to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us or follow the opt-out procedures set forth in such marketing emails.
12. Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on this Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on this Site is owned or licensed by or to Xaveon, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms, no part of this Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Xaveon's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Xaveon reserves all rights not expressly granted hereunder. Xaveon expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with this Site.
"XAVEON" is a trademark of Xaveon. All custom graphics, icons, logos and service names are trademarks of Xaveon. All other trademarks are property of their respective owners. The use of any Xaveon trademark without Xaveon's express written consent is strictly prohibited.
13. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "DMCA"), Xaveon will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Xaveon and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Xaveon will terminate the infringing customer's account. Xaveon may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), Xaveon has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Xaveon respects the intellectual property of others and we ask others to do the same. If you believe that your copyright has been infringed through the Xaveon.com website, please contact "Legal Department", via facsimile at (626) 296-6301, or mail at: Xaveon Corporation, 2400 North Lincoln Avenue, Altadena, California 91001, Attn: Legal Department. Any written notice describing the infringing activity must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; (b) a description of the allegedly infringing work or material; (c) a description of where the allegedly infringing material is located on this Site; (d) information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and (f) a statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
14. Indemnification. You agree to indemnify, defend and hold harmless Xaveon and its officers, directors, employees and agents from any liability arising out of or relating to your violation of these Terms, or your violation of any law, regulation or third party's rights.
15. Disclaimer of Warranties. THIS SITE, AND ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THIS SITE ARE PROVIDED "AS IS." ALL OF XAVEON'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, XAVEON EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
16. Limitation of Liability. THE ENTIRE RISK ARISING OUT OF THE USE OF THIS SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THIS SITE REMAINS WITH YOU. IN NO EVENT WILL XAVEON OR ITS VENDORS, SUPPLIERS, LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OR THE USE OF OR INABILITY TO USE ANY PRODUCTS AND/OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF XAVEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR POSTED ON THIS SITE, THE MAXIMUM LIABILITY THAT XAVEON WILL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO XAVEON BY YOU. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT ARE NOT THE RESPONSIBILITY OF XAVEON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
17. General. No delay or failure to take action under these Terms will constitute any waiver by Xaveon of any provision of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms will continue in full force and effect. These Terms will bind and inure to the benefit of Xaveon's permitted successors and assigns. Any claim under these Terms must be brought within one (1) year after the cause of action arises. These Terms will be governed by the laws of the State of California without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles County, in the State of California. These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms will be null and void. Xaveon may freely assign these Terms without consent or notice. These Terms constitute the complete and exclusive agreement between Xaveon and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.