Terms of use agreement
Xhigabaa
Effective 12/09/2024
This agreement contains important information regarding your legal rights, remedies, and obligations regarding your use of the Xhigabaa website located at www.xhigabaa.com
The use of this website and services on this website provided by Xhigabaa (“Company”) are subject to the following Terms and Conditions (“Agreement.”). This Agreement shall govern the use of all pages on this website (“Website”) and any services provided by or on this Website (“Services”).
Definitions.
The parties to this Agreement shall be defined as follows:
- Company: The Company, as the creator, operator, and publisher of the Website, makes the Website and certain Products on it available to users. Xhigabaa, Company, us, we, our, ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
- b) Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as User or Client.
- Authentication information, including user IDs, log-in names, passwords, password reminders, etc. (in addition to other personal data such as contact information, birth date and the like).
- c) Parties: Collectively, the parties to this Agreement (the Company and Client) will be referred to as Parties.
Assent & acceptance
By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website to you if you assent to this Agreement.
Access to this website.
You must be twenty-one (21) years or older to use this Website. If you are under twenty-one (21) years of age, you are not permitted to access this Website for any reason. By using this Website (and, thus, agreeing to the Terms and Conditions) you warrant and represent that you are at least twenty-one (21) years of age. All content, offers and promotions on this Website are intended for legal use and may not be used or discussed in a manner that is illegal. As the consumer, it is your responsibility to know your local, state and federal laws regarding use. You agree that Company shall not be responsible for any liability arising from the alleged illegality of products offered to you via this website. Any governmental employee, agency, or agent must identify themselves to the operators of Company upon their entering the Website. The shipper reserves the right to request a scan of any customer’s photo ID for age verification before shipping any item
License to use website.
The Company may provide you with certain information as a result of your use of the Website. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of the Website (“Company Materials”). Subject to this Agreement, the Company grants you a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with your use of the Website. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.
Intellectual property.
You acknowledge that the Website, all content on the Website (including designs, text, graphics, images, video, information, and their arrangement), and all Services provided by the Company are the sole property of the Company, encompassing all copyrights, trademarks, trade secrets, patents, and other forms of intellectual property (“Company IP”). You agree that the Company holds all rights, title, and interest in the Company IP and that you will not use it for any unlawful or infringing purpose. You further agree not to reproduce or distribute the Company IP in any manner, including electronically or through registration of new trademarks, trade names, service marks, or URLs, without the Company’s express written consent. You are prohibited from using, replicating, modifying, copying, distributing, framing, reproducing, republishing, downloading, displaying, posting, transmitting, or selling any Company IP, in whole or in part, in any form or by any means, without our prior written authorization, which we may deny at our sole discretion. For as long as you comply with the terms of this Agreement: (i) You are granted a limited license to access and use the Website for personal, non-commercial purposes only; and (ii) You are granted a limited license to access, use, download, or print a copy of any content on the website that you have legitimately accessed for personal, non-commercial purposes only. You are not permitted to download or republish any website content or Company IP on any Internet website, nor incorporate related information into any database or compilation. Any other use of the website content or Company IP is strictly forbidden. This limited license is subject to the terms of this Agreement. Any violation of this Agreement will result in the termination of all licenses granted herein. Additionally, the Company will pursue legal action in the event of any breach. Unauthorized use of the Website, Company IP, or any website content without prior written consent (which we may withhold at our discretion) is strictly prohibited and may violate applicable laws, including copyright, trademark, and communications statutes and regulations. This Agreement does not confer any license or rights to intellectual property, whether by grant, estoppel, implication, or otherwise. The Company reserves the right, at any time and without notice or reason, to revoke any licenses granted.
User obligations.
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy and security of this information. You must not share your identifying user information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Acceptable use.
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website or general business of the Company.
Privacy information.
Our policies relating to the privacy of any information gathered or transmitted on our Website are included in our Privacy Policy, which is fully incorporated herein by reference. By continuing to use the Website, you agree to be bound by our Privacy Policy and all future amendments, modifications, and changes thereto.
Assumption of risk.
You acknowledge and agree that any information posted on our Website is not intended to be legal advice or medical advice, and no fiduciary relationship has been created between you and the Company. The Company does not assume responsibility or liability for any advice or other information given on the Website.
Sale of goods or services.
The Company may allow third parties to offer goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
Reverse engineering & security.
You agree not to undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
- b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Data loss
The Company does not accept responsibility for the security of your account or content. You agree that your use of the Website is at your own risk.
Indemnification.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
Spam policy
You are strictly prohibited from using the Website for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Third-party links and content.
The Website may contain links to external websites that are beyond our control and may have different privacy policies. You acknowledge that the Company is not responsible or liable for any loss or damage that may occur due to your use of third-party services linked from our Website, whether now or in the future. The Company provides third-party links solely for convenience and does not endorse or sponsor any such websites or their content. The Company is not liable for the content of any linked third-party websites and makes no representations or warranties about the materials found on such websites. If you choose to access or rely on information from a linked third-party website, you do so at your own risk. The Company is not responsible for the collection, use, or disclosure of information gathered through those external sites, and explicitly disclaims any and all liability related to such activities. Furthermore, the Company does not explicitly endorse the content of these third-party sites and only provides the links as a convenience to users. We encourage you to review the privacy policies of any websites linked from our Website.
Modification and variation.
The Company may, from time to time and at any time without notice to you, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
- a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
- c) In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
Entire agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
Service interruptions.
The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
Term, termination and suspension.
The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Disclaimers.
You acknowledge and agree that your use of the Website is at your own risk. To the fullest extent permitted by law, Xhigabaa and its affiliates disclaim all express and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, noninfringement, and usefulness regarding any service, the Website, any website content, or any information contained on the Website (collectively, the “Works”). The Works are provided “as is” and “as available.” You assume all risk in relying on the Works. We do not guarantee or warrant that the Works will be uninterrupted or error-free. Delays, omissions, interruptions, or inaccuracies in the information or materials available through the Works may occur. You assume full responsibility and risk of loss, including data loss, resulting from the download or use of the Works. While we may take reasonable measures to prevent the introduction of viruses or other harmful elements to the Works, we do not warrant that the Works or downloadable materials from the Works are free from such destructive components. We are not liable for any damages or harm arising from these risks.
Limitation on liability.
You do hereby acknowledge and agree that Xhigabaa and its related parties are not liable for any injury, liability, claim, loss, damage, expense, cost (including attorneys fees incurred at trial, on appeal, or otherwise), debt, fine, charge, or lien, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise, that arises out of or relates to (a) this agreement, (b) your use or inability to access the website, (c) inability to use the service, (d) any unauthorized access or alteration of your transmission or data. you do hereby waive any and all claims with respect to the foregoing, whether based in breach of contract, breach of warranty, tort (including negligence), statutory, or other grounds, even if we have been advised of the possibility of such damages. our total liability for any and all contract, warranty, tort (including negligence), statutory, or other claims arising out of or relating to (i) this agreement, (ii) your use of the website, or (iii) inability to use the service (iv) any unauthorized access or alteration of your transmission or data is limited to the sum of ten dollars ($10.00). some jurisdictions do not allow for limited liability or exclusion of implied warranties; and, if any of those laws apply to you, then some or all of the above disclaimers, exclusions, or limitations might not apply to you, and you might have additional rights.
General provisions:
- a) Language: All communications made or notices given pursuant to this Agreement shall be in the English language.
- b) Jurisdiction, Venue and choice of law: Through your use of the Website, you agree that the laws of México shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts in Puebla, México. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- c) Arbitration: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Puebla, México. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- d) Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
- e) Severability: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- f) No waiver: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- g) Headings for convenience only: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- h) No agency, Partnership or Joint venture: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- i) Force majeure: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, pandemics and epidemics, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- j) Electronic communications permitted: We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically or post on the Website satisfy any legal requirement, if any, that such communications be in writing.
Your consent
By using our Site, you consent to our Terms of Service.
Questions? Please Contact Us
If you have any questions about these Terms of Service, please contact us at info@xhigabaa.com