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XP APPAREL, LLC and its affiliates provide their services to you subject to the following conditions. If you visit or shop at stores.xpapparel.com, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy & Security Notice, which also governs your visit to stores.xpapparel.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit stores.xpapparel.com or send e-mails to us, you are communicating with us electronically, and 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.
COPYRIGHT
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 stores.xpapparel.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 stores.xpapparel.com and protected by U.S. and international copyright laws.
TRADEMARKS
stores.xpapparel.com, XP APPAREL, LLC and other marks indicated on our site are registered trademarks of XP APPAREL, LLC or its subsidiaries, in the United States and other countries. stores.xpapparel.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of XP APPAREL, LLC or its subsidiaries. stores.xpapparel.com's trademarks and trade dress may not be used in connection with any product or service that is not stores.xpapparel.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits stores.xpapparel.com. All other trademarks not owned by XP APPAREL, LLC 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 XP APPAREL, LLC or its subsidiaries.
LICENSE AND SITE ACCESS
XP APPAREL, LLC 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 XP APPAREL, LLC. 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 XP APPAREL, LLC. 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 XP APPAREL, LLC and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing XP APPAREL, LLC's name or trademarks without the express written consent of XP APPAREL, LLC. Any unauthorized use terminates the permission or license granted by XP APPAREL, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of XP APPAREL, LLC so long as the link does not portray XP APPAREL, LLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any XP APPAREL, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. XP APPAREL, LLC does sell products to children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use stores.xpapparel.com only with involvement of a parent or guardian. XP APPAREL, LLC and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from stores.xpapparel.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.
PRODUCT DESCRIPTIONS
XP APPAREL, LLC and its affiliates attempt to be as accurate as possible. However, XP APPAREL, LLC 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 stores.xpapparel.com itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by stores.xpapparel.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by stores.xpapparel.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY XP APPAREL, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. XP APPAREL, LLC 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, XP APPAREL, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XP APPAREL, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM XP APPAREL, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XP APPAREL, LLC 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 MAY HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to stores.xpapparel.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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