Terms of Service
Last Updated: October 11, 2019
Copyright 2019 - XKALIBER, All Rights Reserved
These Terms and Conditions of Service (“Terms and Conditions”) are a legally binding Agreement (“Agreement”) between Kaliber Enterprise, LLC, d/b/a XKaliber ("XKaliber")and you and apply to your use of the XKaliber website (“XKaliber Services”). XKaliber and you are referred to herein as a “Party” and together as the “Parties”. By accessing and/or using the XKaliber Services, you agree that you have read, agree with, and accept all of these Terms and Conditions, as well as the XKaliber Privacy Policy (“Privacy Policy”), which is available at [link] and is incorporated herein by this reference.

1. XKALIBER SERVICES

The XKaliber Services enable customers to conduct transactions with participating and approved suppliers to buy or sell hemp-derived cannabidiol ("CBD") products through the XKaliber website. The XKaliber Services can only be used on the XKaliber website and in a manner consistent with these Terms and Conditions.

2. ELIGIBILITY

By using the XKaliber Services, you represent and warrant that you are a resident of the United States, 21 years or older, and reside in a state in which hemp-derived CBD is legal. The XKaliber Services may only be used in the United States.

3. PRIVACY

Please review our Privacy Policy, which also governs your use of the XKaliber Services, to understand our practices.

4. ELECTRONIC COMMUNICATIONS
When you use XKaliber Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other XKaliber Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. COPYRIGHT

All content included in or made available through any XKaliber Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of XKaliber or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any XKaliber Service is the exclusive property of XKaliber and protected by U.S. and international copyright laws.
6. TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any XKaliber Service are trademarks or trade dress of XKaliber in the U.S. and other countries. XKaliber's trademarks and trade dress may not be used in connection with any product or service that is not XKaliber, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits XKaliber. All other trademarks not owned by XKaliber that appear in any XKaliber Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by XKaliber.

7. PATENTS

One or more patents owned by XKaliber apply to the XKaliber Services and to the features and services accessible via the XKaliber Services. Portions of the XKaliber Services operate under license of one or more patents.

8. LICENSE AND ACCESS

Subject to your compliance with these Terms and Conditions, XKaliber or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the XKaliber Services. This license does not include any resale or commercial use of any XKaliber Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any XKaliber Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by XKaliber or its licensors, suppliers, publishers, rightsholders, or other content providers. No XKaliber Service, nor any part of any XKaliber Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of XKaliber. 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 XKaliber without express written consent. You may not use any meta tags or any other "hidden text" utilizing XKaliber's name or trademarks without the express written consent of XKaliber. You may not misuse the XKaliber Services. You may use the XKaliber Services only as permitted by law. The licenses granted by XKaliber terminate if you do not comply with these Terms and Conditions.

9. YOUR ACCOUNT

You may need your own XKaliber account to use certain XKaliber Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. XKaliber does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Listings on XKaliber are intended for adults only (21 or order). XKaliber reserves the right to refuse service, terminate accounts, terminate your rights to use XKaliber Services, remove or edit content, or cancel orders in its sole discretion.

10. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

CBD-related products are considered higher risk by financial institutions and other entities. XKaliber will use all reasonable efforts to help ensure enhanced compliance with all content on the XKaliber website; therefore, no products or content can be changed without the express consent of XKaliber. You may only post approved reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. XKaliber reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant XKaliber a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant XKaliber and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify XKaliber for all claims resulting from content you supply. XKaliber has the right but not the obligation to monitor and edit or remove any activity or content. XKaliber takes no responsibility and assumes no liability for any content posted by you or any third party.

11. RISK OF LOSS

All purchases of products from XKaliber are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

12. RETURNS, REFUNDS AND TITLE

XKaliber does not take title to returned items until the item arrives at any of our suppliers' fulfillment centers. At our discretion, a refund may be issued without requiring a return. In this situation, XKaliber does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.

13. PRODUCT DESCRIPTIONS

XKaliber attempts to be as accurate as possible. However, XKaliber does not warrant that product descriptions or other content of any XKaliber Service is accurate, complete, reliable, current, or error-free. If a product offered by XKaliber itself is not as described, your sole remedy is to return it in unused condition.

14. PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on XKaliber and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on XKaliber.

With respect to items sold by XKaliber, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by XKaliber is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

15. APP PERMISSIONS

When you use apps created by XKaliber, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.

16. SANCTIONS AND EXPORT POLICY

You may not use any XKaliber Service if you are the subject of U.S. sanctions or sanctions consistent with U.S. law imposed by the governments of the country where you are using XKaliber Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including XKaliber Software), technology, and services.

17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE XKALIBER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XKALIBER SERVICES ARE PROVIDED BY XKALIBER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. XKALIBER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE XKALIBER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH XKALIBER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF XKALIBER SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, XKALIBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XKALIBER DOES NOT WARRANT THAT XKALIBER SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH XKALIBER SERVICES, XKALIBER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM XKALIBER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, XKALIBER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY XKALIBER SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY XKALIBER SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

18. MEDICAL AND LEGAL DISCLAIMER

NO STATEMENTS MADE REGARDING THE PRODUCTS SOLD THROUGH THE XKALIBER WEBSITE HAVE BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA), NOR HAS THE EFFICACY OF ANY PRODUCTS SOLD THROUGH THE XKALIBER WEBSITE BEEN CONFIRMED BY FDA-APPROVED RESEARCH. NEITHER XKALIBER NOR ITS SUPPLIERS ARE OFFERING MEDICAL ADVICE, AND THE PRODUCTS SOLD THROUGH THE XKALIBER WEBSITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR OTHER MEDICAL PROBLEM. YOU SHOULD ALWAYS SEEK PROFESSIONAL MEDICAL ADVICE BEFORE TAKING ANY SUPPLEMENT OR ATTEMPTING TO TREAT ANY HEALTH ISSUE NATURALISTICALLY.

THE XKALIBER WEBSITE IS NOT OFFERING LEGAL ADVICE. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR PURCHASE AND SUBSEQUENT USE OF ANY PRODUCTS OBTAINED THROUGH THE XKALIBER WEBSITE COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS REGARDING HEMP-DERIVED CBD.

19. DISPUTES

Any dispute or claim relating in any way to your use of any XKaliber Service, or to any products or services sold or distributed by XKaliber or through XKaliber.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow theses Terms and Conditions.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 1451 W Cypress Creek Rd.,Suite 300, Ft. Lauderdale, FL 33309. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, XKaliber will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

20. APPLICABLE LAW

By using any XKaliber Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and XKaliber.

21. SITE POLICIES, MODIFICATION, AND SEVERABILITY

These policies govern your use of XKaliber Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

22. ADDITIONAL XKALIBER SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with XKaliber Services (the "XKaliber Software").

 i. Use of the XKaliber Software. You may use XKaliber Software solely for purposes of enabling you to use the XKaliber Services as provided by XKaliber, and as permitted by these Terms and Conditions. You may not incorporate any portion of the XKaliber Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the XKaliber Software in whole or in part. All software used in any XKaliber Service is the property of XKaliber or its software suppliers and is protected by United States and international copyright laws.

 ii. Use of Third Party Services. When you use the XKaliber Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

 iii. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the XKaliber Software, whether in whole or in part.

 iv. Updates. We may offer automatic or manual updates to the XKaliber Software at any time and without notice to you.
 
v. Government End Users. If you are a U.S. Government end user, we are licensing the XKaliber Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the XKaliber Software are the same as the rights we grant to all others under these Terms and Conditions.

 vi. Conflicts. In the event of any conflict between these Terms and Conditions and any other XKaliber or third-party terms applicable to any portion of XKaliber Software, such as open-source license terms, such other terms will control as to that portion of the XKaliber Software and to the extent of the conflict.

24. HOW TO CONTACT XKALIBER

If you have questions or concerns regarding these Terms and Conditions, you may contact us by clicking on the ‘Contact’ tab on the website, or email us at support@XKaliber.co.

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