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USE OF MATERIALS; RESTRICTIONS
This website and all materials on the website, including, but not limited to, images, illustrations, articles, postings (the "Materials") are the property Xcel and its affiliates and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Xcel and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from xcelwetsuits.com, our forums, or any other site owned or operated by Xcel without the prior written permission of Xcel. However, you may download or make one copy of the Materials and other downloadable items displayed on the website, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of Xcel’s copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from Xcel.
Xcel and its related names and logos are all trademarks and/or trade names owned or licensed by Xcel and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with Xcel, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of Xcel or its affiliated companies and are protected by federal and state law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. Xcel will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.
THIRD PARTY PRODUCTS AND SERVICES
Xcel is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this website is independent from Xcel, and Xcel has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by Xcel of that third party or of any product or service provided by a third party.
Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This website and all elements thereof are provided on an "as is" basis without warranty of any kind, express or implied. Xcel disclaims all warranties, express and implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you rely on this website or any information, product or service available through this website, you do so at your own risk. Xcel does not warrant that the site will operate or perform in a manner that is uninterrupted or error-free, or that the site or host server will be maintained free of viruses or other harmful code. Xcel makes no warranties that the information, products and services presented on the site is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will Xcel be liable to you or any other party for any indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including without limitation, any damages relating to your use of this website, any product or service linked to from or advertised or promoted on this website, lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the site.
WORLD-WIDE APPLICABILITIES AND LAWS
This website is presented by Xcel from within the United States, and Xcel makes no representation that materials in the website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the website.
JURISDICTION AND VENUE
You agree that any legal action brought against Xcel shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Xcel sites shall be an appropriate federal or state court located in Orange County California.
GIFT CARD TERMS AND CONDITIONS
PURCHASE OF GIFT CARDS Gift Cards may be purchased in dollar denominations from $15.00 to $500.00. Gift Cards and Gift Card balances may not be used to purchase additional Gift Cards. Gift Cards usually arrive within 24 business hours from time of purchase. Coupons and other promotions may not be used to purchase Gift Cards. Purchases of Gift Cards are non-refundable and gift cards cannot be exchanged for cash, except as required by law. No taxes are charged on the purchase of Gift Cards, however, applicable taxes are charged when Gift Cards are redeemed toward purchases.
Gift Cards may only be used toward purchases made online on the Merchant website. Purchases are deducted from the Gift Card balance. Any unused balance will remain with the Gift Card account. If an order exceeds the available balance of the Gift Card, the balance must be paid by credit card. Merchant may provide Gift Card purchasers with information about the redemption status of Gift Cards that they purchase. Gift card balances may be viewed online on merchant website, or by contacting merchant customer service staff. Gift cards cannot be redeemed for cash except to the extent required by law.
RISK OF LOSS
Merchant is not responsible for Gift Cards or Gift Card balances lost, stolen, destroyed or used without purchaser's permission. Risk of loss passes to Gift Card purchaser upon electronic transmission of the Gift Card to the designated recipient.
Merchant reserves right to cancel issued Gift Cards, close user accounts, and / or request alternative forms of payment if a fraudulently obtained Gift Card is redeemed or used to make purchases on merchant website.
LIMITATION OF LIABILITY
MERCHANT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OF CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ACCEPTANCE OF TERMS AND CONDITIONS
Your purchase or use of a Gift Card constitutes acceptance of these Terms and Conditions. These Terms and Conditions are subject to change without notice.