Login

Terms and Conditions

SHOP.X.COM TERMS OF USE

 

When placing an order on X’s Online Shop, you are agreeing to all of these Terms and Conditions.

 

Welcome to the X Store website, (the "Site"). The Site is provided as a service to our fans and customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Site (the "Agreement").

 

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

 

SITE TRANSACTIONS

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. For each transaction, we will charge your form of payment upon submission of your order.

 

RIGHT TO CHANGE SITE

 

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

 

SITE CONTENTS

 

Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by X Corp. (“X”) and other trademarks appearing on the Site are the trademarks of X and/or its subsidiaries.

 

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

 

X is pleased to hear from users and welcomes your comments regarding our products and services. X's longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by X's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that X may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to X. X is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. X has the right but not the obligation to monitor and edit or remove any Comments.

 

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead X or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. X takes no responsibility and assumes no liability for any Comments posted by your or any third party.

 

PERSONAL INFORMATION SUBMITTED THROUGH THE SITE

 

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

 

ERRORS, INACCURACIES, AND OMISSIONS

 

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

 

COLORS & STYLE

 

We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color or style will be accurate.

 

INDEMNIFICATION

 

You agree to defend, indemnify and hold X harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

 

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

 

Informal Dispute Resolution

 

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and X agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute (“Initial Dispute Resolution”). Notice shall be sent:

 

(1) to X at: X Corp., 865 FM 1209, Building 2, Bastrop, TX 78602

Attn: Legal Department, or

(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

 

Both you and X agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

 

Arbitration Agreement

 

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and X expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

 

CROSS-BORDER TRANSACTIONS AND INTERNATIONAL SHIPPING

To the extent that X chooses to offer international sales in certain countries, the merchant of record is Flow Commerce Inc., d/b/a Global-e, a Delaware Corporation, or one of its affiliates, subsidiaries, or related entities. By default, X will deliver the items to purchaser Delivered Duty Paid (DDP), and any shipping charges, import fees, duties, and taxes, will be collected from you at time of purchase. You will act as the importer-of-record and be responsible for compliance with all laws applicable to importing the item into the destination country. X's carrier shall handle customs documentation and clearance on your behalf.  If your destination country not available for X to deliver DDP, based on X's sole determination, X shall deliver the goods to you Deliver at Place (DAP), and you shall be responsible for paying any import fees, duties, and taxes directly to the carrier.



THIS SECTION APPLIES TO YOU ONLY IF YOU LIVE IN THE UNITED STATES. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

 

  1. General.  The following provisions are important with respect to the agreement between you and X regarding X’s products memorialized by these Terms. Subject to the provisions below, including exceptions set forth in this Section, you and X agree to arbitrate any disputes, claims, or controversies arising out of or relating to these Terms.

 

  1. Binding Arbitration. If we cannot reach an agreed upon resolution with you regarding a Dispute within a period of thirty (30) days from the time informal dispute resolution commences under the Initial Dispute Resolution provision above, then either you or we may initiate binding arbitration, which will be the sole means to resolve any Dispute, subject to the terms set forth below and except for claims brought in small claims court or unless you opt out. Specifically, all Disputes shall be finally resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) in Tarrant County, TX, and through a single mutually agreed upon arbitrator, in accordance with the provisions of the AAA’s Consumer Arbitration Rules, available at www.adr.org or by calling the AAA at 1.800.778.7879. YOU AND X HEREBY EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY OR JUDGE.

 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute, including, but not limited to, any claim that all or any part of these Terms and Conditions are void or voidable, or whether a Dispute is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, provided that such relief (including injunctive relief) is limited to your individual circumstances. Notwithstanding the requirements of this arbitration provision, if the Dispute involves a claim for public injunctive relief, you may choose to sever that claim from the arbitration proceeding and bring it in any court of proper jurisdiction. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

 

YOU HAVE ONE YEAR TO BRING A CLAIM AGAINST X, UNLESS YOU OPT OUT. You must bring any claim against X within one (1) year after the date on which the claim arose, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If you do not bring a claim within this period, you waive, to the fullest extent permitted by law, all rights you have to such claim and X will have no liability with respect to such claim.

 

  1. Filing Process and Costs. To start an arbitration, you can get submission instructions at: https://adr.org/Support. X will pay your initial filing fee of $200 and costs of the arbitration up to the extent required and as defined in the AAA Consumer Arbitration Rules, but in no greater amounts than those set forth in this provision. If, however, the arbitrator determines that claims were filed for the purposes of harassment or were patently frivolous, the arbitrator can reallocate the arbitrator’s compensation and administrative fees, including the filing and hearing fees, as set forth in the AAA Consumer Arbitration Rules. The arbitration rules also permit you to recover attorneys’ fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

 

  1. Location. Arbitration will take place on a documents-only basis or you can choose to conduct the proceedings by telephone, video, or in-person. For in-person arbitration, the proceedings will be in the city or county where you reside or, if you do not reside in the United States, in the State of Texas, Tarrant County.

 

  1. Class Action Waiver. YOU AND WE FURTHER AGREE THAT ANY CLAIMS MAY ONLY BE BROUGHT IN OUR INDIVIDUAL CAPACITIES AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

 

  1. 30-Day Right to Opt Out.  If you wish to opt out and not be bound by these arbitration provisions set forth above, you can send written notice of your decision to opt out to the following address:

 

X Corp.

Attn: Legal Department - Arbitration Opt Out

865 FM 1209 Building 2

Bastrop, TX 78602

 

  1. Changes to this Section. This Dispute Resolution section survives the end of the relationship between you and X, including cancellation of or unsubscribing from any services or communications provided by X.

 

  1. Injunctive Relief. Notwithstanding the foregoing, you agree that money damages would be an inadequate remedy for X in the event of a breach or threatened breach of this Agreement protecting X's intellectual property or Confidential Information, and that in the event of such a breach or threat, X, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (including an order prohibiting Company from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated. No waiver by X of any covenant or right under this Agreement will be effective unless memorialized in a writing authorized by X.



TERMINATION

 

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or X. You may terminate this Agreement at any time. X also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

 

GENERAL

 

This Agreement shall be governed by the laws of the State of Texas without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of X's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.