Welcome to Xchair.com. X-Chair, Inc and its affiliates (e.g., Xchair.com) provide their services to you subject to the following conditions. If you visit or shop at Xchair.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Xchair.com service or visit or purchase from any business affiliated with Xchair.com, whether or not included in the Xchair.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit Xchair.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Xchair.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Xchair.com and protected by U.S. and international copyright laws. All software used on this site is the property of Xchair.com or its software suppliers and protected by United States and international copyright laws.
X-Chair, Xchair.com, ELEMAX and other marks indicated on our site are registered trademarks of X-Chair, Inc. or its subsidiaries, in the United States and other countries. Xchair.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of X-Chair, Inc. or its subsidiaries. X-Chair, Inc. trademarks and trade dress may not be used in connection with any product or service that is not X-Chair Design's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Xchair.com. All other trademarks not owned by X-Chair or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by X-Chair or its subsidiaries.
License and Site Access
Xchair.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Xchair.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Xchair.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Xchair.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Xchair.com's name or trademarks without the express written consent of Xchair.com. Any unauthorized use terminates the permission or license granted by X-Chair.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Xchair.com so long as the link does not portray Xchair.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Xchair.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and/or password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Xchair.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Xchair.com only with involvement of a parent or guardian. Xchair.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send email via the Bag Builder and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Xchair.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Xchair.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Xchair.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Xchair.com or its affiliates for all claims resulting from content you supply. Xchair.com has the right but not the obligation to monitor and edit or remove any activity or content. Xchair.com takes no responsibility and assumes no liability for any content posted by you or any third party.
If you opt-in to service promotions, specials, and other marketing offers (i.e., cart reminders), you will receive text messages from X-Chair through your wireless provider to the mobile number you provided. If you opt-in to transactional messages, you will receive updates, alerts, and information (e.g., order updates, account alerts, etc.) from X-Chair via text messages through your wireless provider to the mobile number you provided.
Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Reply STOP to stop, HELP for help, or reach out directly at email@example.com. Message frequency will vary and frequency is based in part on your response to messages sent to you.
You can cancel the SMS service at any time, just reply STOP to the short code. After you send the STOP message to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
Risk of Loss
All items purchased from Xchair.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Xchair.com and its affiliates attempt to be as accurate as possible. However, XChair.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Xchair.com itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY XCHAIR.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. XCHAIR.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XCHAIR.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XCHAIR.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM XCHAIR.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XCHAIR.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Xchair.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Xchair.com or its affiliates.
Any dispute relating in any way to your visit to Xchair.com or to products you purchase through Xchair.com shall be submitted to confidential arbitration in Cypress, California, except that, to the extent you have in any manner violated or threatened to violate Xchair.com's intellectual property rights, Xchair.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
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Jessup, MD 20794