Last updated: Oct 25, 2021
INTRODUCTION
Please read this Disclaimer carefully before accessing the website (www.xponentpower.com) (the “Site”) operated by Xponent™ Power, Inc. This Disclaimer contains important information regarding limitations of Xponent™ Power’s (“us,” “we,” “our,” or “Xponent™”) liability. Your access, to and use of, the Site is conditional upon your acceptance of, and compliance, with this Disclaimer. This Disclaimer applies to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the Site.
By accessing or using the Site, you agree to be bound by this Disclaimer. IF YOU DO NOT AGREE WITH ANY PART OF THIS DISCLAIMER, PLEASE DO NOT ACCESS THE SITE.
LEGAL DISCLAIMER
WE ENDEAVOR TO KEEP ALL INFORMATION ON THIS SITE UP TO DATE AND CORRECT, AND RESERVE THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES. HOWEVER, THE SERVICE AVAILABLE THROUGH THE SITE AND ALL SUCH INFORMATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUFFICIENCY, SUITABILITY OR FITNESS OF THE INFORMATION AND PRODUCTS (INCLUDING RELATED TEXT, IMAGES, PHOTOGRAPHS, GRAPHICS, AND OTHER CONTENT) FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH MATERIAL IS THEREFORE STRICTLY AT YOUR OWN RISK.
XPONENT™ WILL BE RESPONSIBLE FOR ACTING ONLY ON THOSE INSTRUCTIONS SENT TO US THAT ACTUALLY ARE RECEIVED AND DOES NOT ASSUME RESPONSIBILITY FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES NOT UNDER OUR CONTROL THAT MAY AFFECT THE ACCURACY OR TIMELINESS OF ANY ORDERS YOU SEND. WE ARE NOT RESPONSIBLE FOR ANY LOSSES OR DELAYS IN TRANSMISSION OF ORDERS ARISING OUT OF THE USE OF ANY INTERNET ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER SOFTWARE OR ANY COMPUTER VIRUS OR RELATED PROBLEM THAT MAY BE ATTRIBUTABLE TO SERVICES PROVIDED BY ANY INTERNET ACCESS SERVICE PROVIDER. XPONENT™ IS NOT RESPONSIBLE SHOULD YOU GIVE INCORRECT INSTRUCTIONS OR IF YOUR CREDIT CARD PAYMENT IS NOT PROCESSED BY YOUR CREDIT CARD COMPANY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF THE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS OR REPRESENTATIVES THEREOF, SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR (A) THE USE OF OUR PRODUCTS OR ANY DECISION MADE (OR NOT MADE) OR ACTION TAKEN (OR NOT TAKEN) IN RELIANCE ON THE USE OF OUR PRODUCTS OR THE INFORMATION ON THIS WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATE, OR (C) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE, OR (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY. NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF THE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS OR REPRESENTATIVES THEREOF, WARRANT THAT THE WEBSITE OR ANY OF THE SERVICES AVAILABLE THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF THE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS OR REPRESENTATIVES THEREOF, SHALL BE LIABLE TO YOU OR ANYONE ELSE, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED BY SUCH LAW.
CHANGES
We reserve the right to amend this policy at any time without any prior notice to you.
QUESTIONS
If you have any questions about this Disclaimer, please contact us at xpanse@xponentpower.com.