Terms and Conditions
Last Updated May 20, 2020
• When we say “XS Medical LLC,” we mean XSMedical.com and and any subsidiaries of XS Medical LLC (including any subsidiaries that XS Medical LLC may form or acquire in the future). We also refer to XS Medical LLC as “we,” “us” and “our.” But when we say “XS Medical LLC Entities,” we mean XS Medical LLC and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
• When we say “XS Medical LLC Sites,” we mean www.XS Medical LLC.com, the XS Medical LLC Apps, and all related functionality, services, and Content offered by or for XS Medical LLC on or through www.XS Medical LLC.com and the XS Medical LLC Apps or the systems, servers, and networks used to make the XS Medical LLC Sites available.
• When we say “you” or “your” we mean any user (like you!) of any XS Medical LLC Site.
• When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
• When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the XS Medical LLC Sites.
• When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the XS Medical LLC Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the XS Medical LLC Sites through the tools offered by such social media platforms).
• When we say “Materials,” we mean Content that XS Medical LLC Entities make available on or through the XS Medical LLC Sites, including In Store Now information.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 19 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND XS MEDICAL LLC ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
2. Your Use of the XS Medical LLC Sites
You certify that the Content you provide on or through the XS Medical LLC Sites is accurate and that the information you provide on or through the XS Medical LLC Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. XS Medical LLC is not responsible for any losses arising out of the unauthorized use of your account. You agree that XS Medical LLC does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the XS Medical LLC Sites. You agree that XS Medical LLC is not a party to any such agreement, nor is XS Medical LLC responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the XS Medical LLC Sites or any portion of the XS Medical LLC Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the XS Medical LLC Sites or any portion of the XS Medical LLC Sites.
• In connection with the XS Medical LLC Sites, you will not:
• Make available any Content through or in connection with the XS Medical LLC Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
• Make available through or in connection with the XS Medical LLC Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
• Use the XS Medical LLC Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the XS Medical LLC Sites.
• Interfere with or disrupt the operation of the XS Medical LLC Sites or the systems, servers, or networks used to make the XS Medical LLC Sites available, including by hacking or defacing any portion of the XS Medical LLC Sites; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the XS Medical LLC Sites.
• Reverse engineer, decompile, or disassemble any portion of the XS Medical LLC Sites, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark, or other proprietary rights notice from the XS Medical LLC Sites.
• Frame or mirror any portion of the XS Medical LLC Sites, or otherwise incorporate any portion of the XS Medical LLC Sites into any product or service, unless you obtain XS Medical LLC’s express prior written consent to do so.
• Systematically download and store any Materials.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the XS Medical LLC Sites, without XS Medical LLC’s express prior written consent.
• Cause injury to any person or entity.
• You will not use the XS Medical LLC Sites or XS Medical LLC’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a XS Medical LLC trademark, logo, URL, or product name without XS Medical LLC’s written consent;
3. Content and Ideas
A. Submitting Content and Ideas
B. XS Medical LLC’s Rights to Use Content and Ideas
You grant to XS Medical LLC a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that XS Medical LLC is free to use any Ideas for any purpose. XS Medical LLC may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. XS Medical LLC is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to XS Medical LLC the right to use any name associated with any Content or Idea that you make available to XS Medical LLC, although XS Medical LLC has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
C. Prohibited Content
You agree that you will not make available Content in connection with the XS Medical LLC Sites that:
• is false, fraudulent, inaccurate, or misleading;
• contains your full name(s), or any other confidential personally identifiable information of yourself or others;
• violates any local, state, federal, or international laws or is otherwise tortious;
• is protected by or would infringe on the rights of others (including XS Medical LLC), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
• is obscene, indecent, pornographic, or otherwise objectionable;
• is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by XS Medical LLC in its sole discretion;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
• is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
• contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from XS Medical LLC;
• contains or relates to chain letters or pyramid schemes;
• impersonates another business, person, or entity, including XS Medical LLC, its related entities, employees, and agents;
• violates any policy posted on the XS Medical LLC Sites; or
• is intended to cause harm, damage, disable, or otherwise interfere with the XS Medical LLC Sites or our partners.
4. Monitoring by XS Medical LLC
5. Materials Available on the XS Medical LLC Sites
XS Medical LLC and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The XS Medical LLC Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the XS Medical LLC Sites, we would appreciate it if you let us know by contacting us at firstname.lastname@example.org. (Your feedback is a big part of what helps XS Medical LLC to get better at helping you!)
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
THE XS MEDICAL LLC ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We sell Products for children’s use; however, these Products are intended for sale to adults.
XS Medical LLC has no liability to you for content on the XS Medical LLC Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
XS Medical LLC is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any XS Medical LLC Entity, our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on XS Medical LLC Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with XS Medical LLC’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
7. Third Party Sites
8. Placing an Order
A. Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will be charged for most orders at time of order placement.
B. Pricing Information; Availability
XS Medical LLC cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the XS Medical LLC Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. XS Medical LLC reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from XS Medical LLC. XS Medical LLC may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the XS Medical LLC Sites or from prices available in XS Medical LLC stores or on XS Medical LLC Apps.
C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
D. Gift Cards
The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. XS Medical does not offer Gift Cards at this time.
9. Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the XS Medical LLC Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased from the XS Medical LLC Sites to addresses outside the United States is limited. Some Products also have restricted delivery within the United States. Some Products may be available for pick up at physical XS Medical LLC store locations. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
10. Export Policy
You acknowledge that (a) goods licensed or sold on the XS Medical LLC Sites, and (b) any software or technology purchased, downloaded, or used from the XS Medical LLC Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.
11. Intellectual Property
No license, right, title, or interest in the XS Medical LLC Sites or any Materials is transferred to you as a result of your use of the XS Medical LLC Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the XS Medical LLC Sites. The XS Medical LLC Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the XS Medical LLC Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the XS Medical LLC Sites and Materials is the exclusive property of XS Medical LLC and is also protected by U.S. and international copyright laws.
XS MEDICAL LLC, the XSMEDICAL.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the XS Medical LLC Sites are trademarks or trade dress of XS Medical LLC in the U.S. and other countries. All other marks are the property of their respective companies.
12. Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the XS Medical LLC Sites in a way that constitutes copyright infringement, please contact us to report possible copyright infringement at email@example.com.
14. Third-Party Software & Licensing Notices
16. Disclaimer of Warranties
17. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, XS MEDICAL LLC WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE XS MEDICAL LLC SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A XS MEDICAL LLC ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO XS MEDICAL LLC ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE XS MEDICAL LLC SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO XS MEDICAL LLC ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE XS MEDICAL LLC SITES.
19. Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the XS Medical LLC Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and XS Medical LLC will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.
23. How to Contact Us
If you have any questions or comments, please contact us at firstname.lastname@example.org, or by mail at the following address: XS Medical LLC; PO Box 7044, Huntington Beach, CA 92615-2477. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.