Terms and Conditions

By using this site, you accept all terms and conditions herein and certify that you are above the age of majority in your jurisdiction (the “Agreement”). We may change the terms of this Agreement from time to time. By continuing to use this site after we post any such changes, you accept the Agreement, as modified.

You certify that the information you provide to us is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify us immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue this site or any portion thereof at any time without notice.

Our products are intended for selling only to adults. If you are under the age of majority in your jurisdiction, you may use this site only with involvement of a parent or guardian. By ordering an age-restricted item, you certify that you satisfy the age restrictions.

You are prohibited from violating or attempting to violate the security of this site or using any engine, software, tool, agent or other device to interfere or attempt to interfere with the proper working of this site.

THIRD PARTY SITES

References on this site to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. We are not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from this site is at your own risk and will be governed by such third party’s terms and policies.

ORDER ACCEPTANCE AND BILLING

When accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a period determined by card issuer. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your purchase at the end of the check-out process, you agree to accept and pay for the items. You will not be charged for most orders until the order has shipped, except as to orders or preorders paid for with a PayPal account, a authorized ACH debit of your bank account or those made in-store.

Xtraice reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. Xtraice also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product from Xtraice for the purpose of engaging in a commercial sale of that same product with a third party.

PRICING INFORMATION

Xtraice cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the site. Xtraice reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice. Xtraice may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the site and in store.

[Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.]

SHIPPING AND DELIVERY

Delivery of items purchased from the site to addresses outside the United States is limited. Some items also have restricted delivery within the United States. Some items are available for pick-up at our store location. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.

INFORMATION PROVIDED ON THE SITE

Despite our efforts to provide useful and accurate information on the site, errors may appear from time to time. Before you act on information you have found on this site, you should confirm any facts that are important to your decision. Product information contained on the site may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).

WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON THIS SITE.

EXPORT POLICY

You acknowledge that some goods licensed or sold on this site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received; and agree to comply with all applicable laws.

INTELLECTUAL PROPERTY

All copyrights, trademarks, and other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs and video clips, and written and other materials (collectively, the “IP”) are owned, controlled or licensed by us and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on this site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of this site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP. All software used on this site is the property of Xtraice or its suppliers and protected by U.S. and international copyright laws. The IP and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on this site is the exclusive property of Xtraice and is also protected by U.S. and international copyright laws.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Xtraice and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of this site or any breach by you of this Agreement.

This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the site. Xtraice also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the site, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the Site; “Order Acceptance and Billing; “Pricing Information; “Information Provided on the Site,” “Export Policy,” “Intellectual Property; “Indemnification; “Termination,” “Disclaimer; “Limitation of Liability,” “Privacy; and “General.”

DISCLAIMER

THIS SITE IS PROVIDED BY XTRAICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. XTRAICE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XTRAICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, XTRAICE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL XTRAICE OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF XTRAICE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL XTRAICE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Xtraice to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Massachusetts law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Site must be brought in the state or federal courts of Massachusetts and you consent to the exclusive personal jurisdiction of such courts.

PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.