Terms of Use

Welcome to our website. This website is maintained as a service to our customers. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms of use carefully. If you do not agree to these terms of use, you should not use this website.

1. Agreement

These Term of Use (“Terms of Use”) constitute a legally binding agreement specifying the terms and conditions for access to and use of the Xiltrixusa.com website (the “Site”) and describes the terms and conditions applicable to your access to and use of the Site. These Terms of Use may be modified at any time by XiltriX North America, LLC (“XiltriX”, “us”, “we” or “our”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://xiltrixusa.com/terms-of-use. Each use by you shall constitute and be deemed your unconditional acceptance of these Terms of Use, and your agreement that you have read, understood, and are of legal age to be bound by these Terms of Use. 

2. Privacy

Your visit to the Site is also governed by our Privacy Policy. Please review our Privacy Policy at https://xiltrixusa.com/privacy-policy. 

3. Ownership

All content included on the Site is and shall continue to be the property of XiltriX or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

4. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by XiltriX, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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 Site, except that you may use material on the Site for legitimate business purposes relating to your role as a potential or current supplier, distributor, or customer of XiltriX. However, you must not: 

  1. Modify copies of any materials from the Site; 

  2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or 

  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. 

5. Site Use

Except as set forth in these Terms of Use, you must not access or use for any commercial purposes any part of the Site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by XiltriX. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

6. Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. You agree not to use the Website: 

  1. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; 

  2. To impersonate or attempt to impersonate XiltriX, a XiltriX employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or 

  3. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm XiltriX or users of the Site, or expose them to liability. 

Additionally, you agree not to: 

  1. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; 

  2. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; 

  3. Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; 

  4. Use any device, software, or routine that interferes with the proper working of the Site; 

  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; 

  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; 

  7. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or 

  8. Otherwise attempt to interfere with the proper working of the Site.

7. Indemnification

You agree to indemnify and hold XiltriX, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.

8. DISCLAIMER

THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. XiltriX DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL XiltriX BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you.

10. Use of Information

XiltriX reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Any information provided by you will be considered non-confidential and non-proprietary. By providing information, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such information in a manner consistent with our Privacy Policy. You understand and acknowledge that you are responsible for any information you provide, and you, not XiltriX, have full responsibility for such information, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any information provided by you or any other user of the Site. 

11. Copyrights and Copyright Agent

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Michael Cross, who can be reached as follows: feedback@xiltrixusa.com or (858)208-0368.  

12. Governing Law; Venue; Actions

If there is any dispute about or involving the Site or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the State of California.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

13. Severability

If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

14. Waiver

The failure of operator to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by operator must be in writing and signed by an authorized representative of operator.

15. Modification and Termination of Website

XiltriX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any service provided by the Site (or any part thereof) with or without notice. You agree that XiltriX will not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any service.

16. Relationship of the Parties

Nothing contained in these Terms of Use or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

17. Intended Audience

This website is intended for adults only. This website is not intended for any children under the age of 18. 

18. Entire Agreement

This Terms of Use constitutes the entire agreement between you and XiltriX and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and XiltriX with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. XiltriX may revise this Terms of Use at any time by updating these Terms of Use and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of the Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

19. Contact Information

XiltriX North America, LLC 

9255 Towne Centre Dr., Suite 925, San Diego, CA 92121 

(858) 208-0368 

https://xiltrixusa.com/contact/