Terms of service
Terms of Service
Effective Date of these Terms of Service: 5/19/2026.
OVERVIEW
This website is operated by XOOX Enterprises LLC (“XOOX”). Throughout the site,
the terms “we”, “us” and “our” refer to XOOX. XOOX offers this website, including
all information, tools and services available from this site 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 engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service 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 of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by these
Terms of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any Services. If these
Terms of Service are considered an offer, acceptance is expressly limited to these
Terms of Service.
Any new features or tools which are added to the current store shall also be subject
to the Terms of Service. You can review the most current version of the Terms of
Service at any time on this page. We reserve the right to update, change or replace
any part of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online
e-commerce platform that allows us to sell our products and Services to you.
However, any sales and purchases you make in our store are made directly with
XOOX. By using the Services you acknowledge and agree that Shopify is not
responsible for any aspect of any sales and purchases between you and XOOX,
including any injury, damage, or loss resulting from purchased product and/or the
Services. You hereby expressly release Shopify and its affiliates from all claims,
damages and liabilities arising from or related to your purchase and transaction
with XOOX.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, 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 use our products for any illegal or unauthorized purpose nor may you,
in the use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright 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.
SECTION 2 - 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. Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the website
through which the Service is provided, 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 3 - 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 4 - 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 at any time. We shall not be liable to you or to any third-party for any modification, pricechange, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the
website. These products or Services may have limited quantities and are subject to
return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and
images of our products that appear at our online store. Please note that colors or
product appearances may differ from how they may appear on your screen due to
the type of device you use to access the store and your device settings and
configuration. We do not warrant that the appearance or quality of any products or
Services purchased by you will meet your expectations or be the same as depicted
or rendered in our online store.
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, at the sole discretion of us. 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 6 - 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. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers
or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. 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.
For more details, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor
nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "available" without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own
risk and discretion and you should ensure that you are familiar with and approve of
the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website
(including the release of new tools and resources). Such new features and/or
Services shall also be subject to these Terms of Service.
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 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, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in any
medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion to be unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Service.
You agree that your comments 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 comments 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 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 noresponsibility and assume no liability for any comments posted by you or any third-
party.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy.
In addition, certain personal information may be subject to Shopify's privacy policy,
which can be viewed here. As our store and the Services are hosted by Shopify, Shopify
collects and processes personal information about your access to and use of the
Services in order to provide and improve the Services for you. Information you submit to
the Services will be transmitted to and shared with Shopify as well as third parties that
may be located in other countries than where you reside, in order to provide services to
you.
Our Privacy Policy and the privacy policy of Shopify detail on how we, Shopify, and our
partners use your personal information. By using the Services, you acknowledge that
you have read our Privacy Policy and Shopify’s 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
in the Service 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 in the Service
or on any related website, including without limitation, pricing information, except
as required by law. No specified update or refresh date applied in the Service or on
any related website, should be taken to indicate that all information in the Service
or on any related website has been modified or updated.
SECTION 12 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images,
graphics, product reviews, video, and audio, and the design, selection, and
arrangement thereof, are owned by XOOX, its affiliates or licensors and are protected
by US and foreign patent, copyright and other intellectual property laws.
These Terms 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 material on
the Services without our prior written consent. Except as expressly provided herein,
nothing in these Terms grants or shall be construed as granting a license or other rights
to you under any patent, trademark, copyright, or other intellectual property of XOOX,
Shopify or any third party. Unauthorized use of the Services may be a violation of
federal and state intellectual property laws. All rights not expressly granted herein are
reserved by XOOX.
XOOX name, logo, product and service names, designs, and slogans are trademarks of
XOOX or its affiliates or licensors. You must not use such trademarks without the prior written permission of XOOX. Shopify's name, logo, product and service names, designs
and slogans are trademarks of Shopify. All other names, logos, product and service
names, designs, and slogans on the Services are the trademarks of their respective
owners.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, 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 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 the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use
of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service
will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods
of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole
risk. The Service and all products and Services delivered to you through the
Service 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 XOOX, our managers, directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, Service providers or licensors 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 any of the Service or any products procured using the
Service, or for any other claim related in any way to your use of 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 the Service or any
content (or product) posted, transmitted, or otherwise made available via 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 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless XOOX and our parent,
subsidiaries, affiliates, partners, managers, 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 of Service or the
documents they incorporate by reference, or your violation of any law or the rights
of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall
not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - 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 of Service are effective unless and until terminated by either you or
us. You may terminate these Terms of Service 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 of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts due
up to and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service 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 governs your use of 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
these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with applicable United
States federal and state laws.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part
of these Terms of Service 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 of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at
support@xooxbag.com.