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Terms & Conditions


These General Terms and Conditions of Use ("Terms") are entered into by and between you and xunergy.com. In consideration of your use of and access to this website (the "Site"), and the promises and obligations herein, and intending to be legally bound, you and xunergy.com hereby agree as follows:

1. Agreement to Terms.

Your access to and use of the Site is subject to these Terms, which incorporate the separately posted Privacy Policy, as well as any modifications to them issued by xunergy.com and all applicable laws and regulations. By using the Site, you agree to comply with the Terms and applicable laws and regulations in connection with your use of the Site and your purchases on the Site. Please review these Terms and the Privacy Policy so that you understand our practices. If you do not want to be bound by these Terms or the Privacy Policy, please do not use the Site.

xunergy.com shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. You should check these terms and conditions periodically for any modification to these Terms. By using the Site after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them. No modification to these Terms by any party other than xunergy.com shall be enforceable against xunergy.com unless expressly agreed to by xunergy.com in writing.

2. Specific Terms

These Terms and the information provided in the Site do not modify or supersede the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.

3. Discontinued Operation of Site.

xunergy.com shall also have the right without notice and at any time, for any reason, to discontinue operation of the Site or any portion thereof, or any products or services offered through the Site, or to terminate your right to access or use the Site or any portion thereof or your account, including for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or xunergy.com or its suppliers.

4. Children

You must be at least 13 years old to use the Site, and if you are under 18, you may use the Site only with the permission and involvement of a parent or guardian.

5. Content.

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."

The Content may contain errors, omissions, or typographical errors or may be out of date. xunergy.com may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on xunergy.com in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by xunergy.com or by third parties that have licensed their use to xunergy.com. You may view and use the Content only for your personal information and for shopping and ordering on the Site, and for no other purpose. You may not otherwise use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content, or use data mining, robots, or similar data gathering and extraction tools at the Site. 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 xunergy.com or its suppliers without our express, written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, written consent. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by xunergy.com, is strictly prohibited.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your rights under Australia or international copyright laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

A description of the copyrighted work or other intellectual property that you believe has been infringed;

A description of where the material that you claim is infringing is located or identified on the Site; Your name, address, telephone number, and e-mail address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

6. Linked Third Party Sites.

Links to other websites operated by third parties, including xunergy.com's suppliers and vendors, do not constitute sponsorship, endorsement, or approval by xunergy.com of the content, policies, or practices of such linked sites. Linked websites are not operated, controlled, or maintained by xunergy.com, and xunergy.com is not responsible for the availability, content, security, policies, or practices of linked websites, including without limitation privacy policies and practices. Links to other websites are provided for your convenience only, and you access them at your own risk.

7. Indemnification.

You agree to defend, indemnify, and hold harmless xunergy.com, xunergy.com's suppliers and vendors, and their respective affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site and any product or service provided to you arising out of or relating to your use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site.

8. Registration; Customer Accounts; Use of Site.

Certain services offered on or through the Site require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account. You may not attempt to gain unauthorized access to the Site, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. You agree to provide us with accurate information about yourself and your billing information as prompted by the registration process, and update that information to keep it current. You may update any of your account information by clicking on the My Account button, logging in to your account and selecting My Profile.

You may not use any automatic device, program, or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Site.