Terms and Conditions of Use

The following rules ("Terms and Conditions") govern the use of the web site located at URL www.XPrime.com and the services offered on the site, such as the ability to order products, receive promotional emails, access XPrime Support, send us feedback and link to other sites (collectively, our "Site"). Please read the following Terms and Conditions carefully. Additional terms and conditions related to the XPrime Store are available at store.

By using our Site, you understand and agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing our Site. XPrime, Inc. (“XPrime,” “we,” or “us”) reserves the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.

Copyrights and Trademarks of XPrime
Our Site is owned and operated by us. Unless otherwise specified and as between you and us, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of XPrime, Inc., copyright © 2003, All Rights Reserved. All audio and video clips are the sole property of XPrime or our respective content providers. The content and software on our Site is the property of XPrime and/or its partners, distributors, or suppliers and is protected by U.S. and international copyright laws. Except as set forth herein, you may only view, download, print, and retain a copy of pages of our Site provided that (1) use of such information from our Site is for informational, personal, and noncommercial use only, (2) such information will not be copied, transferred, or transmitted to another person or entity, posted on any network computer or broadcast in any media, (3) any copy of this information which you make shall retain all legal notices, copyright, and other proprietary notices contained therein, and (4) no modifications to, or derivatives of, such information shall be made. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit, or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at webmaster@XPrime.com. All rights not expressly granted herein are reserved.

The following is a list of trademarks, service marks, and/or logos owned by XPrime.:

XPrime, Inc

DPC

X1

The absence of a product or service name, slogan, or logo from the above list does not constitute a waiver of our trademark or other intellectual property rights concerning that name, slogan, or logo. All custom graphics, icons, logos and service names are trademarks or service marks of Xprime, Inc. All other trademarks or service marks are the property of their respective owners. The use of any XPrime trademark or service mark without our express written consent is strictly prohibited. To maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at webmaster@XPrime.com.

XPrime Store
Access to the XPrime Store is governed by additional terms and conditions available at store.

Accounts
The terms and conditions that apply to your account
at the XPrime Store may be viewed at store.

Feedback
We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us through or in conjunction with our Site. Please note that Feedback shall be considered nonconfidential and become the property of XPrime. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title, and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.

Third Party Content
Certain content from third party sources may be made available as part of our Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.

Links and Search Results
Our Site may automatically produce search results that refer or link to other sites. Clicking on such a link to a third party site will let you leave our Site. The linked third party sites are not controlled or endorsed by XPrime and XPrime is not responsible for the contents of any linked third party site, any link contained in a linked third party site, or any changes or updates to such third party sites. XPrime cannot guarantee, represent, or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. XPrime is not responsible for webcasting or any other form of transmission received from any third party linked site. These links are provided to you only as a convenience and the inclusion of any third party link does not imply endorsement by XPrime of the third party site. By using our Site to link to another site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to link to another site. However, if you have a problem with a link from our Site, please notify us at webmaster@XPrime.com. We will investigate the link and take appropriate action.

Violation of these Terms and Conditions
By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and may remove any content you have provided if we believe that the content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of XPrime, another user, or a third party.

Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our Site and your use of the services we offer through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or our privacy policy (“Privacy Policy”), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Privacy
We respect and make efforts to protect the privacy of all users of our Site. Our current Privacy Policy available at privacy is incorporated herein by reference and made a part of these Terms and Conditions.

Restrictions
To shop at the XPrime Store, you must comply with the restrictions of the XPrime Store at store. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.

Policy For Individuals Under Age Thirteen (13)
Individuals under 13 should only use our Site under parental or guardian supervision. If parents have any questions about their children’s use of our Site or our collection, storage, and deletion of information please review our current Privacy Policy available at privacy or contact us at webmaster@XPrime.com

U.S. Export Controls
The United States laws and regulations including, but not limited to, export control laws, regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Software from our Site is subject to United States export controls. No software from our Site may be downloaded or otherwise exported (a) to any country to which the U.S. has an embargo on goods, or to a national or resident of any such country; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and shall comply with all U.S. export laws.

Disclaimers
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION CONTAINED IN OUR SITE MAY, AT TIMES, CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. WE CANNOT GUARANTEE THAT THE CONTENT OR OTHER INFORMATION PROVIDED THROUGH OUR SITE WILL BE ACCURATE OR UP TO DATE OR THAT OUR SERVICES WILL OPERATE CORRECTLY. IN THE EVENT ANY SERVICE IS NOT ACTUALLY AVAILABLE OR IS NOT FUNCTIONING PROPERLY OR A PRODUCT IS NOT ACTUALLY AVAILABLE PER THE TERMS STATED ON OUR SITE DUE TO TYPOGRAPHICAL ERROR, OR OTHERWISE, WE SHALL HAVE THE RIGHT TO REFUSE TO PROVIDE SUCH SERVICES OR PRODUCTS. INFORMATION ON SERVICE OR PRODUCT AVAILABILITY IS SUBJECT TO CHANGE WITHOUT NOTICE.
OUR SITE AND THE CONTENT ON OUR SITE ARE PROVIDED BY US ON AN “AS-IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF OUR SITE, AND THE INFORMATION, CONTENT, SERVICES, OR PRODUCTS INCLUDED OR OFFERED ON OUR SITE. IN ADDITION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY OF THE SERVICES OR PRODUCTS OFFERED THROUGH OUR SITE OR USED IN CONJUNCTION WITH OUR SITE AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitation or exclusions may not apply to you. Please contact us at webmaster@XPrime.com if you have any questions or need further information.

Limitation Of Liability
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF OUR SITE OR THE SERVICES OR PRODUCTS OFFERED AS PART OF OUR SITE INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Applicable Law
You agree that any legal action brought against us shall be governed by the laws of the State of California, without regard to conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in San Diego County, California. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Indemnity
By using our Site, you agree to indemnify and hold XPrime, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Site, including providing a link to another site or uploading any content to our Site.

How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at webmaster@XPrime.com or at 1 (888) 977-4631, or write us at:

XPrime, Inc.
12568 Kirkham Court
Poway, California 92064
USA