XYTE, INC. TERMS OF SALE
Last Modified: November 1, 2015
- Your Account
When you purchase from the Site, you are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
- Acceptance of Order
Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order at our sole discretion. Also, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is completed with accepted form of payment, you should be allowe to access your products.
- Pricing and Availability
All prices for services products (and associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and to discontinue services or products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens, depending on changes in tax rates.
- Payment Terms
Xyte currently invoices customers for services and products provided and accepts payment by credit card only. Xyte does not currently electronic fund transfers. By submitting your order, you represent and warrant that you are authorized to use the designated account represented by the credit card(s) you will provide for payment.
- Shipping Terms and Policies
Most Xyte services will be provided online via a dedicated secure portal or electronic transfers. Our standard business hours are Monday through Friday, from 8 a.m. to 5 p.m. Central Time.
- Return and Exchange Policies
If your order is incomplete, incorrect, or damaged, please contact us immediately at [email protected] during normal business hours, weekdays Monday-Friday 8 a.m. – 5 p.m.
We attempt to be as accurate as possible; however, we do not warrant that all product or service descriptions, photographs, pricing, or other information on the Site are accurate, complete, current, or error-free. If a product offered by Xyte is not as described or pictured, please contact us immediately at [email protected]. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product, or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
- Limitation of Liability
XYTE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, XYTE’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS OR SERVICES FROM THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Xyte’s products may be returned or exchanged following the policies described above. THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM XYTE RELATING TO THE SERVICES OR PRODUCTS YOU PURCHASE. XYTE MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SERVICES AND PRODUCTS ARE PROVIDED BY XYTE “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
- Governing Law; Venue
These Terms and your purchase of products from Xyte through the Site shall be governed and construed following the laws of the State of Wisconsin, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to these Terms or your purchase of products shall be filed only in the state and federal courts located in Dane County, Wisconsin, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.