Acceptance of Contract Terms
The following (“Contract Terms”) are terms of a legal agreement between you and X-Life, LLC (“X-Life”). By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by X-Life from its offices within the United States.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Florida.
YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY SUPPLEMENT SOLD ON XMSHOT.COM OR MARKETED UNDER THE X-MODE NAME. X-Life does not warrant and shall have no liability for information provided on this site, or through any other medium, regarding recommendations concerning supplements for any and all health purposes. Information provided by X-Life, through any medium, is provided solely as a guideline to be used when discussing a program with a healthcare professional. Consult with a healthcare professional before starting any diet, exercise or supplementation program. X-Life makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.
The information contained in this online site and on X-Life packaging and marketing materials is presented in summary form only and intended to provide broad consumer understanding and knowledge of X-Life products and dietary supplements. The information should not be considered complete and should not be used in place of the advice of your physician or other health care provider. Information accessed through this online site is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. X-Life and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. X-Life and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. X-Life is not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments.
The information is compiled from a variety of sources. Neither X-Mode, nor any purveyor of information on the X-Mode website or other media, should be held responsible for information provided herein under any theory of liability or indemnity. The liability of X-Mode or purveyors of information on xmshot.com or other media, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort, product liability, product mislabeling, marketing misinformation, or patent or copyright infringement) shall not exceed the fees paid by the user for the particular product or service provided. In no event shall X-Mode or any purveyor of information be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if X-Mode or purveyor of information has been advised of the possibility of such damages. You agree that any legal dispute you may have with X-Mode or any purveyor of information will be settled via mediation in St. Lucie County, Florida with the mediator selected by X-Mode and paid for by you.
The Service is an online information and communications service provided by X-Mode, subject to your compliance with the terms and conditions set forth below, including all exhibits hereto and the other information which is available in the registration process and on the Service (“Information”) and incorporated by reference in this Agreement. This Agreement consists of the Disclaimer set forth above and the terms and conditions set forth below, including all exhibits hereto and the Information. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND THE DISCLAIMER AND CONTRACT TERMS SET FORTH ABOVE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE. X-MODE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Software License. By this Agreement, X-Mode grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use for your personal use only any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by X-Mode and/or its Licensors. X-Mode has no obligation to update or modify any of the foregoing.
2. Equipment. You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the Service.
3. Copyright, Licenses, Use Restrictions and Idea Submissions. The copyright in all material provided on this Site is held by X-Mode. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of X-Mode. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without X-Mode’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You agree to grant to X-Mode a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Service (such as bulletin boards, forums and chat rooms) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against X-Mode for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
You agree that you are at least 18 years old and will not: violate any local, state, federal and international laws and regulations, transmit any material that is unlawful, disruptive, threatening, profane, abusive, or otherwise objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
X-Mode is not responsible for the comments and postings therein and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion.
5. Review. X-MODE DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND; IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, X-MODE RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO X-MODE AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
6. Indemnification. You agree to indemnify, defend and hold harmless X-Mode, its officers, directors, employees, agents, licensors, suppliers and Licensors (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.
7. Third Party Rights. The provisions of paragraph 5 (Indemnification) are for the benefit of X-Mode and its officers, directors, employees, agents, licensors, suppliers, and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
8. Term and Termination. This Agreement shall commence upon your accessing the Service and/or completing the registration process. This Agreement may be terminated by X-Mode without notice at any time for any reason and may be terminated by you upon notice to X-Mode at any time for any reason. If you participate in any referral program, then X-Life may terminate your participation in the program at anytime; X-Life may terminate, for any reason, any orders through any website rewards program so long as you are refunded the purchase amount. The provisions of paragraphs 3 (Copyright, License, Use Restrictions and Idea Submission), 5 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement. If you terminate this Agreement you further agree to never again visit xmshot.com, purchase X-Mode brand products, or visit any X-Mode affiliated website.
9. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any legal action or proceeding between X-Mode and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively under mediation in St. Lucie County, Florida with the mediator selected by X-Mode and paid for by the plaintiff party. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. X-Mode’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. X-Mode may assign its rights and duties under this Agreement to any party at any time without notice to you. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND X-MODE, HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR X-MODE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY
10. The terms of the contract are independent of one another. If a term in the contract is deemed unenforceable by a court, the contract as a whole will not be deemed unenforceable.
11. Notice. X-Mode may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in our account information. You may give notice to X-Mode at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address: X-Life, LLC, 1391 NW St. Lucie West Blvd., Port St. Lucie, FL 34986