Terms & Conditions

OVERVIEW

This website (or “site,”) is operated by XO Mints, LLC.  Throughout the site, the terms “XO Mints,” “we,” “us,” and “our” refer to XO Mints, LLC.  XO Mints offers this website, including all information, tools, and services available from this site (“Service” or “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms & Conditions” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  These Terms & Conditions apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions.  If you do not agree to all the terms and conditions of this Agreement, then you may not access or use our website.  If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

SECTION 1: ONLINE STORE TERMS

By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not violate any laws in your jurisdiction (including, but not limited to, copyright and/or trademark laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We use PayPal, Inc. as our online e-commerce platform, which allows us to sell our products to you.  When you provide your personal information, including your credit card information, during a purchase transaction, that information is provided to PayPal and is stored in PayPal’s databases.  You may obtain information about PayPal’s Terms of Service and about their Privacy Policy at:  https://www.paypal.com/us/webapps/mpp/ua/legalhub-full.

SECTION 2: RETURNS POLICY

We facilitate returns for products purchased through our website in accordance with the PayPal “Protection for Buyers” Policy available here:  https://www.paypal.com/us/webapps/mpp/ua/useragreement-full#13.

SECTION 3: GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Your credit card information is encrypted by PayPal in accordance with their Privacy Policy that is available at:

https://www.paypal.com/us/webapps/mpp/ua/privacy-full#How_We_Protect_and_Store_Personal_Information.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our website, the Service, use of the Service, or access to the Service without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

Any reliance on the material on this site is at your own risk.

This site may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.  You agree that it is your responsibility to monitor changes to our site.

SECTION 5: MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 6: PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website.

The products or services provided through our website are subject to return or exchange only according to our Returns Policy.

We have made every effort to display, as accurately as possible, the colors and images of our products that appear in our online store (i.e., shopping cart).  We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at anytime without notice, in our sole discretion.  We reserve the right to discontinue any product at any time.  Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7: ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our website.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 8: THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries or photographs) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any submissions that you forward to us.  We are and shall be under no obligation (1) to maintain any submissions in confidence; (2) to pay compensation for any submissions; or (3) to respond to any submissions.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

You agree that your submissions will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right.  You further agree that your submissions 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 our website, the Service, or any related website.  You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10: PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy.

SECTION 11: ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, 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 our website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information on our website or on any related website, including, without limitation, pricing information, except as required by law.  No specified update or refresh date applied to our website or on any related website should be taken to indicate that all information on our website or on any related website has been modified or updated.

SECTION 12: PROHIBITED USES

In addition to other prohibitions as set forth in these Terms & Conditions, you are prohibited from using the site or its content:  (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website, the Service, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website, the Service, or any related website, other websites, or the Internet.  We reserve the right to terminate your use of our website and the Service or any related website for violating any of the prohibited uses.

SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our website or the Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of our website or the Service will be accurate or reliable.

You agree that, from time to time, we may remove our website or the Service for indefinite periods of time or cancel our website or the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, our website or the Service is at your sole risk.

The service and all products and services delivered to you through our website are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

IN NO CASE SHALL XO MINTS, OUR MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, OR LICENSEES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF OUR WEBSITE OR ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR WEBSITE OR THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR WEBSITE OR THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE OR THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless XO Mints and our parent, subsidiaries, affiliates, partners, members, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15: SEVERABILITY

In the event that any provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, such provision shall, nonetheless, be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts, due up to and including through the date of termination, and/or we may deny you access to our website and the Services (or any part thereof).

SECTION 17: ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of our website and the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

SECTION 18: GOVERNING LAW

These Terms & Conditions and any separate agreements whereby we provide you our website and the Services shall be governed by and construed in accordance with the laws of the State of California, and all questions relating to their validity, interpretation, performance, and enforcement (including, without limitation, provisions concerning limitations of action) shall be governed by and construed in accordance with the internal laws of the State of California, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary.  You agree to submit to the personal jurisdiction of the courts of the State of California.

SECTION 19: CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms & Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms & Conditions by posting updates and changes to our website.  It is your responsibility to check our website periodically for changes.  Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

SECTION 20: CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to us at info@xomints.com.