Overview
This website and related services (“Site”) are owned and operated by XSports, LLC (“XSports,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our Site, including any subdomains or mobile versions. By accessing or using our Site, you agree to be bound by these Terms.
Access and Use
Subject to your compliance with these Terms, XSports grants you a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to use our Site and related software. You represent that you are of legal age to form a binding contract and are not barred from using the Site under applicable law.
If you are accessing the Site on behalf of a company or organization, you warrant that you have the authority to bind such entity to these Terms. “You” and “your” shall refer to that entity.
You are entirely responsible for all activities conducted through your account or device.
Third Parties and Additional Agreements
Our Site may include links to or integrations with third-party services. XSports is not responsible for the actions or content of such third parties. Your use of third-party services is governed by their respective terms and privacy policies.
Content Ownership
All text, graphics, images, videos, and other materials (“Content”) on this Site are the property of XSports, LLC or its licensors and are protected by U.S. and international copyright, trademark and intellectual property laws. You may not reproduce, modify, distribute or otherwise use any Content without prior written permission from XSports.
Restricted Activities
You agree not to:
Account Security
You are responsible for maintaining the confidentiality of your account credentials. XSports is not liable for losses resulting from unauthorized account use.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, XSPORTS, LLC, ITS RELATED ENTITIES, SERVICE PROVIDERS, LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATING TO OUR SITE, PRODUCTS, OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE, ONLINE STORE, RENTAL SERVICES, AND ALL RELATED PRODUCTS OR SERVICES IS AT YOUR SOLE RISK.
ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE COMPANY PARTIES MAKE NO WARRANTY THAT:
ANY MATERIAL OR INFORMATION DOWNLOADED, VIEWED, OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITE, PRODUCTS, RENTALS, OR SERVICES.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED FROM XSPORTS EXCEED ONE HUNDRED U.S. DOLLARS ($100 USD), REGARDLESS OF THE CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION IS FOUND INVALID, THE COMPANY PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Waiver of Unknown Claims
You acknowledge that you may have, or in the future may have, claims against XSports, LLC that you do not presently know or suspect to exist in your favor. You expressly waive all rights you may have under Section 1542 of the California Civil Code, 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.”
Indemnification
You agree to indemnify, defend, and hold harmless XSports, LLC, its affiliates, owners, officers, directors, employees, agents, licensors, and contractors (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
You agree that XSports, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate fully with XSports in asserting any available defenses.
You shall not settle any matter without the prior written consent of XSports, LLC.
This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Site or Services.
Acknowledgment
By using the XSports website, purchasing products, or engaging in any rental or demo service, you acknowledge that you have read and understood this Disclaimer, Limitation of Liability, and Indemnification clause, and agree to be bound by its terms.
Providing Feedback to XSports
We welcome your comments, feedback, and suggestions about our website, services, and retail operations. All information and materials submitted to XSports, LLC through our website or by other means—such as comments, ideas, questions, designs, or data—(collectively, “Feedback”) will be considered non-confidential and non-proprietary with respect to you.
However, XSports reserves the right to treat any such Feedback as its own confidential information and to use it at its discretion. By submitting Feedback to XSports, you hereby assign to XSports and its affiliates all worldwide rights, title, and interest in and to any copyrights, patents, trademarks, trade secrets, and other intellectual property arising from such Feedback, free of charge and without limitation.
XSports, LLC and its affiliates shall be entitled to use, reproduce, modify, adapt, publish, translate, distribute, and display any Feedback for any purpose, including but not limited to the development, manufacture, and marketing of products or services, without any obligation to compensate you.
You remain solely responsible for the accuracy, legality, and originality of the information and content you provide.
Modifications and Interruptions to the Site
XSports, LLC reserves the right to modify, suspend, or discontinue any aspect of its website, services, or online store at any time, with or without notice.
While we strive to maintain uninterrupted service, we cannot guarantee that our Site will always be available, secure, or error-free. Usage of our Site may occasionally be interrupted or adversely affected by technical issues, maintenance, internet outages, or other circumstances beyond our control.
XSports shall not be responsible for any delays, interruptions, errors, or omissions in the operation of the Site or for any resulting loss or inconvenience. XSports reserves the right—but not the obligation—to correct any such delays or errors and to:
Governing Law
These Terms, and any disputes arising from or related to them, shall be governed exclusively by the laws of the State of Colorado, without regard to its conflict of law principles.
Each party agrees that any action or proceeding arising from or relating to these Terms shall be brought exclusively in the courts located in Grand County, Colorado, and each party hereby irrevocably submits to the personal jurisdiction of such courts.
By using the XSports Site or services, you agree that Grand County, Colorado shall be the proper and exclusive venue for resolving any disputes or claims under these Terms.
Dispute Resolution
By agreeing to these Terms, you waive any right to participate in a class action, class arbitration, or other representative proceeding. All claims arising out of or related to these Terms or your use of the Site must be brought individually.
You further agree that any claim or cause of action arising out of or related to the use of the Site must be filed within one (1) year after the cause of action arises, or such claim will be permanently barred.
If a claim proceeds in court, both parties waive any right to a jury trial.
Compliance with Laws
You assume full responsibility for understanding and complying with all applicable local, state, federal, and international laws and regulations related to your use of the Site, products, or services.
You may not use the Site for any unlawful purpose or in violation of any applicable laws or regulations.
Notice for California Residents
If you are a California resident, in accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to:
400 R Street, Sacramento, CA 95814
or by calling (800) 952-5210.
Consent to Electronic Communications
By using our Site or services, you consent to receive electronic communications from XSports, LLC regarding your use of the Site, transactions, and related matters. You agree that any notices, agreements, disclosures, or other communications that XSports sends to you electronically shall satisfy any legal communication requirements, including that such communications be in writing.
To withdraw your consent for electronic communications, please contact:
✉️ info@xsportsco.com
Changes to These Terms
XSports, LLC reserves the right, at any time and without prior notice, to modify, amend, or update these Terms and Policies. Updates will be posted directly on our Site with a revised effective date.
Your continued use of our Site after such changes constitutes your acceptance of the updated Terms. You are encouraged to check this page periodically for any updates.
Assignment – These Terms are binding upon and inure to the benefit of each party and their respective successors and permitted assigns. You may not assign these Terms without prior written consent from XSports. XSports may assign its rights or obligations at any time, including as part of a merger, acquisition, or sale of assets.
Integration – These Terms, including any referenced policies, represent the entire agreement between you and XSports concerning your use of the Site and supersede all prior agreements or understandings.
Waiver – Failure by XSports to enforce any provision of these Terms shall not be considered a waiver of that provision or any other rights.
Severability – If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to reflect the original intent as closely as possible.
Limitation – Regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to these Terms must be filed within one (1) year after it arose, or it will be permanently barred.
No Relationship – Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and XSports, LLC.
Force Majeure – XSports shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to labor disputes, internet outages, communication failures, acts of nature, weather events, governmental restrictions, or other force majeure events.
Overview
Your privacy is important to XSports, LLC. This Privacy Policy outlines how we collect, use, and protect your information.
Information We Collect
We may collect:
How We Use Your Information
We use your information to:
Sharing Your Information
We do not sell your personal information. We may share limited data with trusted service providers (e.g., payment processors, shipping carriers) to complete transactions or fulfill orders.
Cookies
We use cookies and analytics tools to enhance site performance and personalize your experience. You may disable cookies through your browser settings, but some features may not function properly.
Data Security
We implement reasonable security measures to protect your personal information. However, no online transmission is completely secure, and you use our Site at your own risk.
Your Rights
You may request to review, correct, or delete your personal data by contacting info@xsportsco.com
Changes to This Policy
We may update this Privacy Policy periodically. Updates will be posted on this page with the revised effective date.
