XLT Standard Sales Terms and Conditions

Updated: March 13, 2020

Sales Policy

1. Prices

Prices listed do not include shipping, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions.

2. Sales Tax

XLT charges sales tax on all orders unless buyer has submitted and XLT has accepted the appropriate sales tax exemption forms from the customer's respective states.

3. Payment and Credit Terms

XLT accepts Visa, MasterCard, and PayPal. For customers with established XLT credit, payment terms are net thirty (30) days from the date of shipment or pick‑up. All credit extended by XLT to customer, and the limits of such credit, is at XLT’s sole discretion, and may be reduced or revoked by XLT at any time, for any reason. XLT reserves the right to charge a convenience fee for late payments. XLT further reserves the right to charge customer a late payment fee at the rate of one and one‑half percent (1‑1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such lesser amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. All payments must be made in U.S. dollars. XLT shall have the right of set‑off and deduction for any sums owed by customer to XLT.

If customer fails to make payment within thirty (30) days of shipment or pick‑up, or fails to comply with XLT’s credit terms, or fails to supply adequate assurance of full performance to XLT within a reasonable time after requested by XLT (such time as specified in XLT’s request), XLT may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.

Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from XLT will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.

Credit Balance. Customer agrees that any credit balance(s) issued by XLT will be applied to customer’s account within one (1) year of its issuance. IF CUSTOMER HAS NOT APPLIED FOR OR REQUESTED THE CREDIT WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE(S) WILL BE SUBJECT TO CANCELLATION, AND XLT SHALL HAVE NO FURTHER LIABILITY.

4. XLT Reserves the Right to Accept or Reject Any Order

5. Note to Federal Customers

XLT products are not offered through a GSA scheduled contract.

6. All Items Are Sold for Domestic Consumption in the United States

If exported, purchaser assumes full responsibility for compliance with US export controls.


Shipping Policy

A shipping and handling fee is charged on all orders unless waived by XLT.

Title and risk of loss pass to customer upon tender of shipment to carrier.


Shipping Policy Exceptions

Standard shipping rates will apply for all orders to Alaska and Hawaii. Any charges incurred for hazardous materials or other special handling by the carrier must be paid by the customer.
Fuel surcharges may be applied.

XLT only accepts orders for shipments within the continental US, Alaska and Hawaii. Orders to international destinations will not be processed. XLT does not ship to PO Box addresses.


International Shipping

International Shipping is the responsibilty of the customer and they must make all arrangements.


3rd Party Shipping

Title and risk of loss pass to customer upon tender of shipment to carrier.



Return Policy, Limited Warranty and Limitation of Liability

1. 30-Day Satisfaction Guarantee

If you are not satisfied for any reason products may be returned within 30 days of shipment for a full credit or exchange (provided the product is undamaged). Return documentation should clearly specify credit or exchange. Certain restrictions apply.

2. Business Customers’ Limited Warranty

XLT warrants any product purchased for use in business or resale against defects in workmanship or materials under normal use for a period of one year from the date of purchase. Any product determined by XLT to be defective in material or workmanship and returned to XLT shipping costs prepaid will, at XLT option, be repaired or replaced or the purchase price refunded.

3. Warranty Disclaimer and Limitation of Liability

DISCLAIMER AND LIMITATIONS. ALL OTHER WARRANTIES TO ANY BUSINESS CUSTOMER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SPECIFICALLY DISCLAIMED, EXCEPT WHERE PROHIBITED BY STATE LAW. 

LIMITATION OF LIABILITY. XLT EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. XLT’ LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

4. Manufacturer’s Warranty

For information on a specific manufacturer’s warranty, please contact XLT.

5. Product Compliance and Suitability.

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. XLT does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does XLT accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

6. Cross-Reference Information

Product cross‑reference comparisons do not imply that products are available or perfectly comparable. CROSS‑REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross‑referenced product specifications prior to purchase and use to determine suitability of the product for customer’s intended use.


Product Information

1. Catalog/Website Information

Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to any XLT catalog, literature or websites does not constitute the right to purchase products. XLT reserves the right to revise publishing errors in its catalogs or any of its websites.

Despite our efforts, occasional pricing errors may occur in the XLT catalogs and websites. XLT reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from XLT.

2. Product Substitution

Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.

3. Occupational Safety and Health Administration (“OSHA”) Hazardous Substance

Material Safety Data Sheets (“MSDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers. XLT MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY MSDS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.

4. California Proposition 65

Proposition 65. For products denoted with a  symbol the following warnings apply:

  1. WARNING: This product can expose you to chemicals that are known to the State of California to cause cancer. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
  2. WARNING: This product can expose you to chemicals that are known to the State of California to cause birth defects or other reproductive harm. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
  3. WARNING: This product can expose you to chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm. For a complete list of chemicals or more information go to www.P65Warnings.ca.gov.
  4. WARNING: Cancer. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
  5. WARNING: Reproductive Harm. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.
  6. WARNING: Cancer and Reproductive Harm. For more information and a complete list of chemicals go to www.P65Warnings.ca.gov.

5. MSDS

MSDS information is available upon request.

6. California, Louisiana, Maryland and Vermont Customers

Regulations in CA, LA, MD and VT prohibit the introduction into commerce of any solder, flux, pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption that is not “lead free”. The maximum allowable lead content is 0.25 percent lead in wetted surfaces of pipes, pipe fittings, and plumbing fittings and fixtures, as determined by a weighted average. The maximum allowable lead content is 0.2 percent lead in solder and flux.

7. Product Compliance and Suitability.

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. XLT does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does XLT accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

8. Conflict Minerals Policy Statement

Introduction: As many supply chain participants and others have acknowledged publicly, the Dodd-Frank Act1 created a new expectation for product manufacturers, which may be far removed from the source of the raw minerals in their products.

XLT is not a manufacturer. It distributes thousands of products that are manufactured by other companies located around the world.

XLT is committed to acting in a socially and environmentally responsible manner, to supporting the objectives of the Dodd-Frank Act, to meeting its customer commitments, and to supporting its customers’ businesses.

Because of the complexity of many supply chains, especially those of distributors like XLT, and the lack of an established system for product manufacturers to track Conflict Minerals back to their source, the joint efforts over an extended period by many governments, industry groups, and companies will be required to make it possible to effectively trace Conflict Minerals back to their source.

This document sets forth the policy of XLT regarding Conflict Minerals.

Overview: As a responsible company, XLT supports the goal of the Dodd-Frank Act of preventing armed groups in the Democratic Republic of the Congo and adjoining countries from benefitting from the sourcing of Conflict Minerals from that region.

As a distributor of thousands products manufactured by other companies located around the world, XLT is invariably many levels away from the beginning of the supply chain for the products it distributes.

This Policy shows XLT’s commitment and its expectations for the manufacturers of products XLT distributes regarding actions to address Conflict Minerals.

Our commitment: Not continue to source any product that contains Conflict Minerals if XLT determines the product is not DRC Conflict Free and the manufacturer fails to implement reasonable steps to transition to DRC Conflict Free sources.

Commitment to Responsible Sourcing: XLT distributes thousands products that are manufactured by other companies located around the world.

XLT supports the humanitarian goals of the Dodd-Frank Act and encourages manufacturers of the products distributed by XLT to adopt that same policy for their businesses.

As a distributor of products manufactured by other companies, XLT does not directly purchase any raw Conflict Minerals from any source and is many levels removed from the mines, smelters, and refiners that produce the metals used in the products distributed by XLT.

The supply chain for Conflict Minerals is complex and lacks an established structure for manufacturers to trace the minerals in the finished goods distributed by XLT back to their source.

XLT’s Expectations for Manufacturers: XLT has the following expectations for the manufacturers of products XLT distributes:

In doing so, manufacturers are expected to:

Manufacturers also are encouraged to support industry efforts to enhance traceability and responsible practices in Conflict Minerals supply chains.

Consequences of Manufacturer Non-Compliance XLT reserves the right to evaluate the extent to which a manufacturer has failed to take adequate steps to manufacture DRC Conflict Free products.

In the event XLT determines that a manufacturer’s Conflict Minerals efforts have been deficient XLT may discontinue distribution of the manufacturer’s products.

Conclusion XLT fully understands the importance of this issue to its customers and is committed to supply chain initiatives and overall corporate social responsibility and sustainability efforts that work towards a DRC Conflict Free supply chain.


General Terms

1. Intellectual Property

Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by XLT, or any trademarks or service marks owned by suppliers to XLT. All materials contained on the www.XLT.com website are subject to the ownership rights of XLT and its suppliers. Customer shall have no right to copy or use any of the intellectual property of XLT or its suppliers without XLT’s permission.

2. Force Majeure

XLT shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of XLT in the conduct of its business.

3. Assignment

Customer shall not assign any order, or any interest therein, without the prior written consent of XLT. Any actual or attempted assignment without XLT’s prior written consent shall entitle XLT to cancel such order upon notice to customer.

4. No Third Party Benefit

The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.

5. Waiver, Choice of Law and Venue

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non‑performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Texas, excluding its conflict of law rules, and venue shall either be in the state or Federal courts in Collin County, Texas.

6. Severability

If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

7. Modification of Terms

XLT’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of XLT’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of XLT’s terms and conditions by customer shall be binding upon XLT, unless agreed to in writing by an authorized representative of XLT. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in XLT’s acknowledgment, XLT’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by XLT of any of the terms and conditions contained herein or in XLT’s acknowledgment.

8. Complete Agreement

The terms and conditions in: (i) XLT’s forms, (ii) acknowledgments, (iii) quotations, (iv) invoices, (v) websites, (vi) catalogs are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and XLT.


XLT Website Terms of Access

Updated: March 13, 2020

Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “XLT Property”), and the features at this XLT Property, are subject to these Terms of Access (“Terms”). The XLT Property is owned or controlled by XLT Tools, Inc. and its parent company, subsidiaries, division, affiliates, and brands (“collectively XLT”). By accessing this XLT Property in any way, including, without limitation, browsing this XLT Property, using any information, and/or submitting information to XLT, you agree to and are bound by the terms, conditions, policies and notices contained here (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Texas law.

From time to time we may update this XLT Property and these Terms. Your use of this XLT Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. XLT may, in its sole discretion, and at any time, discontinue this XLT Property or any part thereof, with or without notice, or may prevent your use of this XLT Property with or without notice to you. You agree that you do not have any rights in this XLT Property and that XLT will have no liability to you if this XLT Property is discontinued or your ability to access the XLT Property or any content you may have posted on the XLT Property is terminated.

By accessing or linking to this XLT Property, you assume the risk that the information on this XLT Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this XLT Property at any time, without notice and without liability.

All information provided on this XLT Property is subject to change without notice. While efforts have been made to make this XLT Property helpful and accurate, due to the open nature of this XLT Property, and the potential for errors in the storage and transmission of digital information, XLT does not warrant the accuracy of information obtained from this XLT Property.


Access and Use of XLT Property

Access to this XLT Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any XLT computer system or other information contained on the system for any purposes is strictly prohibited.


XLT Content

Content on this XLT Property that is provided by XLT or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“XLT Content”) is the property of XLT and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any XLT Content located on the XLT Property for use in any publications, in public performances, on websites other than this XLT Property for any unpermitted commercial purpose, in connection with products or services that are not those of XLT, in any other manner that is likely to cause confusion, that disparages or discredits XLT and/or its licensors, that dilutes the strength of XLT’s or its licensors’ intellectual property, or that otherwise infringes XLT’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree to in no other way misuse any XLT Content or User Content that appears on this XLT Property.


Use of the XLT Property and Posting Policy

The following requirements apply to your use the XLT Property: (a) you will not use any electronic communication feature of the XLT Property for any purpose that is unlawful, tortuous, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the XLT Property for any commercial transactions that are unrelated to the purposes for which the XLT Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

From time to time on certain areas of the XLT Property you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by XLT; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of XLT, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the XLT Property, or feature of the XLT Property. You further understand and agree that you have no ownership rights in any account you may have with us or other access to the XLT Property or features therein. XLT may cancel your account and delete all User Content associated with your account at any time, and without notice, if XLT deems that you have violated these Terms, the law, or for any other reason. XLT assumes no liability for any information removed from our XLT Property, and reserves the right to permanently restrict access to the XLT Property or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the XLT Property, you hereby grant to XLT a limited, non‑exclusive, sub‑licensable, worldwide, fully‑paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the XLT Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to XLT or our initiatives (your "Ideas"). With respect to Ideas you acknowledge that: (a) XLT receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that XLT’s review of the Ideas is not an admission of novelty, priority or originality; and (b) XLT’s use of any similar Ideas, whether based on your User Content, provided to XLT by third parties, or independently developed or considered by XLT, shall be without obligation to you.


Indemnification

You agree to indemnify and hold XLT, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to XLT or this XLT Property.


Representations and Limitations of Liability

XLT makes no representations about the reliability of the features of this XLT Property, the Content, User Content, or any other XLT Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. XLT makes no representations regarding the amount of time that any Content or User Content will be preserved.

XLT does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by XLT without the prior review and written approval of XLT.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL XLT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL XLT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND XLT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL XLT OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF XLT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Cross Reference Information

Product cross‑reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.


Hypertext Links

This XLT Property may be linked to other sites which are not maintained by XLT. XLT is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by XLT of the linked sites. XLT disclaims any liability for links: (i) from another site to the XLT Property and (ii) to another site from the XLT Property.


Miscellaneous

These Terms will be governed by and construed in accordance with the internal laws of Texas without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Collin County, Texas. These Terms operate to the fullest extent permissible by law. Accessing materials on this XLT Property by certain persons in certain countries may not be lawful, and XLT makes no representation that materials on this XLT Property are appropriate or available for use in locations outside the United States. If you choose to access this XLT Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

On certain areas of our XLT Property, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this XLT Property, and you hereby agree to the terms of that Policy.

If XLT fails to act with respect to your breach or anyone else’s breach on any occasion, XLT is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and XLT, and is accepted by you upon your use of the XLT Property. These Terms constitute the entire agreement between you and XLT regarding the use of the XLT Property. By using the XLT Property you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.


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