TERMS AND CONDITIONS
By visiting xfactorbelt.com Website you agree to the following terms & conditions.
Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.
This website is provided by X Factor Partners LLC, makers of the X-Factor Belt® (or the X-Belt™). By using this Website or by placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account.
This website is not intended for persons under 18 years of age.
You shall not do any of the following or permit any other third parties to do any of the following:
(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
(b) Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;
(c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
Modification of these Terms & Conditions:
X Factor Partners LLC, makers of the X-Factor Belt® (or the X-Belt™), reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.
You agree to pay the full price for all products you purchase from the Website. You are responsible for providing us with a valid Credit Card or PayPal account details for payment of all purchases, taxes and shipping charges.
When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions.
Copyright and Licenses
This Website and the entire contents contained on this Website, including but not limited to: text, graphics, logos, button icons, images, audio clips, videos, animation, digital downloads, data compilations, and software, are the sole and exclusive property of X Factor Partners LLC. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of X Factor Partners LLC.
X Factor Partners LLC, makers of the X-Factor Belt® (or the X-Belt™), grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of X Factor Partners LLC. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of X Factor Partners LLC. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
X Factor Partners LLC authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices ‘© Copyright 2019 X Factor Partners LLC' contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.
Disclaimer of Warranty/Limitation of Liability:
This website and related information is provided on an ‘as is’ and ‘as available’ basis. X Factor Partners LLC makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk, to the full extent permissible by applicable law. X Factor Partners LLC disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability or fitness for a particular purpose. X Factor Partners LLC does not warrant that this Website, its servers, or email sent from Website are free of viruses or other harmful components. X Factor Partners LLC will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Website uses reasonable efforts to include accurate and up-to-date information on this Website. X Factor Partners LLC assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information, X Factor Partners LLC shall have the right to refuse or cancel any orders placed for the product listed incorrectly.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Third Party Links
For your convenience, X Factor Partners LLC may provide links to third party websites operated by other entities on the Website. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. X Factor Partners LLC does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that X Factor Partners LLC sponsors, endorses, is affiliated or associated with any linked third party websites.
By visiting the Website, you agree that the laws of the state of New York, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and X Factor Partners LLC.
Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in New York County, New York State. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
You agree to indemnify, defend and hold harmless X Factor Partners LLC, its officers, directors, owners, partners, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties, and supersede any and all preceding and contemporaneous agreements between you and X Factor Partners LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director of X Factor Partners LLC.
© Copyright 2019 X Factor Partners LLC, makers of the X-Factor Belt® (or the X-Belt™)