We may also use your information to verify your geographic location. We may use your geographic location data to personalize the Services, to recommend content, determine whether the information you have requested is available in your location. The Services may use location-based services in order to locate you so that we may verify your location, deliver you relevant content based on your location, and for demographic information.
We may share your information as follows: We may share your personal information with your consent or at your direction. We may disclose your information if we believe we are required to do so by law, or to comply with a court order, judicial or other government subpoena, or warrant. We also may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses or to protect Xander’s and our Services; or any rights, property, or personal safety of Xander’s or others. In the event that Xander’s is or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal) involving sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction. Finally, in the event of insolvency, bankruptcy, or receivership, information may be transferred as a business asset. We may also share aggregated and anonymized data with our partners, advertisers, and other third parties.
If you believe that Xander’s has not adhered to this Statement, please contact Xander’s by e-mail at support@Xanders.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
Welcome, you have reached the Xander’s Reservation and Rewards application or website (collectively, referred to as the "Site"), provided by Xander’s LLC ("us", "we", “us”, “our” or "Xander’s"). The Site is a copyrighted work belonging to Xander’s. Xander’s provides resources related to the cannabis industry and related products including but not limited to user submitted content such as reviews and ratings. This Terms of Service Agreement (“Terms of Service” or “TOS”) is meant to govern your access and use of the Site and any and all related websites (including mobile sites), mobile applications, interactive features, widgets, social media accounts and posts and/or other online services (collectively, with the Site and with all other services provided through the Site, the "Services"), regardless of how you access or use the Services, whether via personal computers, mobile devices or otherwise.
The TOS is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by posting notice of the changes on the Site or through the Services. These changes will be effective immediately upon notice or posting for new and existing users of the Services. You should review the posted TOS and any applicable additional terms each time you use the Services. You acknowledge and agree that your continued use of the Services following the notice or posting of revised TOS means that you accept and agree to the TOS as revised. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. You should frequently check the Site, your message account and the email you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by discontinuing use of the Services. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.
ALL INFORMATION CONTAINED IN THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY XANDER’S ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY, UNLESS EXPRESSLY STATED OTHERWISE. XANDER’S DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SERVICES, INCLUDING USER CONTENT AND THIRD PARTY MATERIALS (EACH AS DEFINED BELOW). XANDER’S IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY OTHER USERS OF THE SITE OR SERVICES. XANDER’S DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SERVICES, OR WITHIN ANY OF XANDER’S SOCIAL MEDIA PAGES OR CHANNELS IS MEANT FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES WITHOUT LIMITATION, THIRD PARTY MATERIALS, USER CONTENT AND XANDER’S GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE SERVICES AND PROVIDED VIA XANDER’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES OR ON XANDER’S SOCIAL MEDIA PAGES AND CHANNELS. THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 8 AND 9 OR ELSEWHERE IN THESE TERMS OF SERVICE.
Content: The Services contains a variety of: (a) materials and other items relating to Xander’s and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Service, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (b) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Xander’s (collectively, "Trademarks"); and (c) other forms of intellectual property (all of the foregoing, collectively "Content"). Use: These Terms of Service permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; (c) you may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution; and (d) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. You must not: (a) modify copies of any materials from the Site; or (b) delete or alter copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Services or Content. If you print, copy modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the TOS, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or Content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by the TOS is a breach of the TOS and may violate copyright, trademark and other laws. Limitations: You acknowledge and understand that Xander’s may establish limits concerning use of any and all parts of the Services, including the time frame reservations are allowed, maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. You agree that Xander’s has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. Modification: You acknowledge that Xander’s reserves the right at any time to modify, suspend or discontinue the Services or any part thereof with or without notice. You agree that Xander's will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. Ownership: Excluding your User Content (defined below), you acknowledge that the Content and all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and Content are owned by Xander's or Xander's licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Xander's and its suppliers reserve all rights not granted in these Terms of Service. The Name “Xander’s” and related names, logos, product and service names, designs and slogans are slogans and trademarks of Xander’s or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.
Your Content: “User Content” means any and all information and content that a user submits to, or uses with, the Services, including without limitation, content in the user’s profile, user reviews and/or postings. You understand that you may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. You acknowledge and agree that Xander's is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Xander's does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. All of your User Content either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with the TOS. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears or is referred to in the User Content, then you must also have their permission to submit such User Content to Xander’s. (For example, if you or someone takes a photo of you and a friend of yours, and you want to submit that photo to Xander’s as your User Content, then you must obtain your friend's and the photographer's permission to do so.) You agree that your User Content will not contain pictures, videos, or images of anyone other than yourself and your friends and family. If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know but only if you have their express permission to submit it. Use of User Content: We may use User Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Outside Media"). User Responsibilities: You are solely responsible for User Content; you understand that once published, it may not always be withdrawn. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content as described herein. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Xander's. Because you alone are responsible for your User Content (and not Xander's), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Xander's is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire. In addition to the other restrictions contained in this TOS, you expressly agree and understand that any user content posted on the Services or any of Xander's social media pages or channels must not: (a) be written exclusively in capital letters; (b) be plagiarized; (c) contain spam or advertisements; (d) contain personally identifying information about any Xander’s employees or any other person; (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with Xander’s; (f) contain references to competitors; or (g) contain unrelated personal grievances. If you are an owner, volunteer, or employee of a Licensed Marijuana business you may not post reviews about your business or products or about your competitors’ business or products. Compensation and Advertising: Xander’s and its licensees may publicly display advertisements and other information adjacent to or included with User Content. You are not entitled to any compensation for such advertisements or any use of your User Content. The manner, mode and extent of such advertising and content usage are subject to change without specific notice to you. License: You hereby grant, represent and warrant that you have the right to grant, to Xander's an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, reformat, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sub-licenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sub-license (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate your User Content for any purpose and in any manner whatsoever, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You irrevocably grant the users of the Services and any Outside Media the right to access your User Content in connection with their use of the Services and any Outside Media. You irrevocably waive, and cause to be waived, against Xander's and its users any claims and assertions of moral rights or attribution with respect to your User Content. In order to further effect the rights and license that you grant to Xander's to your User Content, you also hereby grant to Xander's, the unconditional, perpetual, irrevocable right to use your name, persona, and likeness in connection with any of your User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any of your User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. Disclaimer of Liability For Content: You understand that Xander’s does not control, and is not responsible for, User Content made available through the Services, and that by using the Services, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, malicious or otherwise objectionable. Furthermore, the Services and User Content available through the Services may contain links to other websites, which are completely independent of Xander’s. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such third party site. Your visiting, clicking or linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, that you may not rely on said User Content, and that under no circumstances will Xander’s be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise made available via the Service. You also acknowledge that Xander’s does not pre-screen or approve User Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse, delete or move any User Content that is available via the Service, for violating the terms of the TOS or for any other reason. Unsolicited Content and Materials: In your communications with Xander’s, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the Services are deemed User Content and licensed to us as set forth within these Terms of Service. In addition, Xander’s retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Our receipt of your Unsolicited Ideas and Materials is not an admission by Xander’s of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. Feedback, Comments, and Suggestions: If you provide Xander's any feedback, comments or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Xander's all rights in the Feedback and agree that Xander's shall have the right to use such Feedback and related information in any manner it deems appropriate. Xander's will treat any Feedback you provide to Xander's as non-confidential and non-proprietary. You agree that you will not submit to Xander's any information or ideas that you consider to be confidential or proprietary.
General Restrictions: You agree not to use the Services, or any of Xander's social media pages or channels to collect, upload, transmit, display, or distribute any User Content: (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party. Reviews: You agree not to post reviews on the Services, or any of Xander’s social media pages or channels that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users on the Services with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not permitted. Photos: Image files must exclusively feature the products they illustrate and must not include body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 5. Technology Restrictions: In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage, compromise, or alter the Service, a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or Xander's in order to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Services; or (g) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services. Monitoring, Suspension, Content Removal, and Termination: We reserve the right to suspend or terminate your access to the Services, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Xander's Account in accordance with Section 10, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of these Terms of Service or otherwise create liability for us or any other person. If you submit User Content that Xander’s reasonably believes violates these Terms of Service, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to within these Terms of Service in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Services. Any suspension or termination will not affect your obligations to Xander’s under the TOS. Upon suspension or termination of your access to the Service, or upon notice from Xander’s all rights granted to you under the TOS will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of the TOS, which by their nature should survive your suspension or the termination of your account or access to the Services will survive, including the rights and licenses you granted to Xander’s in the TOS, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Third Party Materials: The Services might display, include or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties such as deals (collectively, “Third Party Materials”). You acknowledge and agree that Xander's is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Xander's does not assume and will not have any liability or responsibility to you or any other person or user for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Material. Deals, Promotions, and Giveaways: The Services might display, include or make available coupons, promotional codes, giveaways, samples, and other offers from listed Vendors (collectively, “Deals”). Deals constitute “Third Party Materials” under these Terms of Service. Xander's displays these Deals on the Services as a form of advertisement. All Deals may be subject to additional terms, conditions, restrictions, or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on the Site, Services, or Deal descriptions. Other Users: Each user of the Services is solely responsible for any and all of their User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Services users are solely between you and such user. You agree that Xander's will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other Services user, we are under no obligation to become involved. Release: You hereby release and forever discharge Xander's (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Services users or Third Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, XANDER’S (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XANDER'S (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, XANDER’S (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID XANDER'S IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Subject to this Section, these Terms of Service t will remain in full force and effect while you use the Services. We reserve the right to and may: (a) suspend your rights to use the Services (including your Xander's account); or (b) terminate these Terms of Service, at any time for any reason at our sole discretion, including for any use and access of the Services in violation of these Terms of Service. Upon termination of these Terms of Service, your Xander's account and right to access and use the Services will terminate immediately. You understand that any termination of your Xander's account involves deletion of your User Content associated therewith from our Site, Services, and live databases. Xander's will not have any liability whatsoever to you for any termination of these Terms of Service, including for termination of your Xander's account or deletion of your User Content. Even after these Terms of Service are terminated, the following provisions of these Terms of Service will remain in effect: Sections 3–12.
Xander's respects the intellectual property of others and asks that users of our Services do the same. In connection with the Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of the Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests; (b) identification of the copyrighted work(s) that you claim to have been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (c) identification of the URL or other specific location on the Services where the material that you claim is infringing is located, that you request us to remove; (d) sufficient information to permit us to locate such material; (e) your address, telephone number, and e-mail address; (f) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. It is often difficult to determine if your copyright or trademark has been infringed. Xander’s may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. Without limiting the other rights of Xander’s, we may, in appropriate circumstances, terminate a repeat infringer's access to the Services and any other website owned or operated by Xander’s. Contact Information Xander’s Green Goods Attn: Legal Dept. Address: 3111 S Pine St, Tacoma, WA 98409 Email: email@example.com
Legal and Security Investigations: Xander’s reserves the right, without any limitation, to: (a) investigate any suspected breaches of its Services security or its information technology, infrastructure or other systems or networks; (b) investigate any suspected breaches of the TOS; (c) investigate any information obtained by Xander’s in connection with reviewing law enforcement databases or complying with criminal laws; (d) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; and (e) prosecute violators of the TOS. No Support or Maintenance: You acknowledge and agree that Xander's will have no obligation to provide you with any support or maintenance in connection with the Services. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE: Except for disputes brought in small claims court, all disputes between you and Xander's arising out of, relating to or in connection with the Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. If any provision of the TOS is found by an arbitrator to be invalid, the parties nevertheless agree that the arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. YOU AND XANDER'S AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these Terms of Service to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these Terms of Service to the contrary, we agree that if Xander's makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Xander's. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Pierce County, Washington. You hereby accept the exclusive jurisdiction of such court for this purpose. These Terms of Service are governed by the laws of the State of Washington without regard to conflict of law provisions. Copyright/Trademark Information: Copyright © 2017, Xander's LLC. All rights reserved. Xander's®; the Xander's logo. You acknowledge and agree that You are not permitted to use Xander's Marks or any third party marks displayed on our site without prior written consent from, respectively, Xander's, or the owners of such third party marks. Miscellaneous: These Terms of Service constitute the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and Xander’s. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Xander's of any right or power hereunder preclude further exercise of that or any other right hereunder. The order of information, section titles and other text formatting in these Terms of Service are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Service will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Xander's. These Terms of Service, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Xander's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms of Service shall be binding upon assignees. Xander's Contact Information: Address: 3111 S Pine St, Tacoma, WA 98409 Telephone: (253) 302-3365 Email: firstname.lastname@example.org ©2017 Xander's LLC. All Rights Reserved.