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Xcluder products contain NO POISIONS and NO CHEMICALS

Xcluder products are NON-TOXIC and ECO-FRIENDLY

Xcluder products are safe to use around pets, children, and food

Terms of Use

Welcome to BuyXcluder.com!

These terms and conditions outline the rules and regulations for the use of Xcluder's Website. If you visit or shop BuyXcluder.com, you accept and agree to be bound by these conditions and terms of use. Please read them carefully. This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

 

PRIVACY
Please review our Privacy Notice, which also governs your visit to the Site, to understand our practices.

 

COOKIES
We employ the use of cookies. By using Xcluder's website you consent to the use of cookies in accordance with Xcluder’s privacy policy. 

 

ELECTRONIC COMMUNICATIONS/AGREEMENT
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notice, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that these terms and conditions of use is a document that serves as a "writing" as defined by law. You acknowledge that you have the capacity to print out this Agreement and store the same for record keeping purposes and waive any claim under the statute of frauds or any similar statute that would block enforceability or admissibility of this Agreement for failure to meet the requirement of a "writing."

 

COPYRIGHTS
The Site is a copyrighted collective work and incorporates separately copyrighted literary works (including works written in markup language and other works of computer software), musical works, pictorial and graphic works, audiovisual works and sound recordings. The copyrights in all of these works are owned by Xcluder, Xcluder’s parent company, Global Material Technologies (GMT), or are owned by GMT’s or Xcluder’s suppliers and licensed to GMT or Xcluder. All such works are protected by United States and international copyright law.

 

Xcluder grants to you a limited, nonexclusive, nontransferable license to access and make personal, noncommercial use of the website.

Without the prior written authorization by Xcluder or GMT, any other use of the website is expressly prohibited, and such use terminates the license. You may not download (except for page caching), reproduce, distribute copies of, retransmit, sell, publicly display, or create derivative works of, the Site or any work incorporated into the Site. You may not use the Site or any work incorporated into the Site for commercial purposes. You may not collect or use product listings, descriptions or prices, or download account information for the benefit of any third party. You may not use data mining, robots or similar data gathering or data extraction tools on the Site.

 

Xcluder and GMT vigorously enforces its copyrights, trademarks and other intellectual property. Any use of the Site or any of the works incorporated into the Site other than for personal, noncommercial use, or as otherwise expressly permitted by the copyright statute, will be deemed a willful infringement of Xcluder’s rights, and will subject you to liability for damages, statutory damages and/or attorneys’ fees.

 

YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian. Xcluder reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

YOUR SUBMISSIONS
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through our website, mobile sites, or social media sites.

Submissions: By directly sending us any questions, comment, suggestion, idea, feedback or other information, you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

You are responsible for what you send, post or upload to this Site and our social media sites: By sending us submissions through any part of this website or any of our social media sites you:

 

 

  • Confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the website any submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • To the extent permissible by applicable law, waive any and all moral rights to any such submission;
  • Warrant that any such submission is original to you or that you have the necessary rights and licenses to submit such submissions and that you have full authority to grant us the above-mentioned rights in relation to your submissions; and
  • Warrant and represent that your submissions do not constitute confidential information.
  • You are solely responsible for your submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (d) applicable law.

PROHIBITED ACTIVITIES
You may not access or use this website for any purpose other than that for which we make the Site available. This Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
  • Delete the copyright or other proprietary rights notice from any content
  • Attempt to impersonate another user or person or use the username of another user
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanisms, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any kind of service to you
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site
  • Copy or adapt the services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site as a part of any effort to compete with us or otherwise use the Site and or the content for any revenue-generating endeavor or commercial enterprise.

TERMINATION OF USE
Xcluder may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Xcluder reserves the right to change, suspend or discontinue all or any aspects of the website at any time without prior notice.

 

RISK OF LOSS
All items purchased from Xcluder are made pursuant to a shipment contract, which means that the risk of loss and title for such items pass to you upon our delivery of said item(s) to the carrier

 

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

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XCLUDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XCLUDER DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM XCLUDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XCLUDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOST PROFITS, LOST REVENUES, LOSS OF BUSINESS OPPORTUNITIES, AND CONSEQUENTIAL DAMAGES, EVEN IF XCLUDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE EXTENT THAT WE DISPLAY OR OFFER FOR SALE THE PRODUCTS OF THIRD PARTIES, OUR LISTING OR DISPLAY DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH PRODUCTS.

CERTAIN STATE LAWS 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 TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

DISPUTES – ****IMPORTANT, THIS AFFECTS YOUR RIGHTS

 

We agree that any dispute or claim relating in any way to your visit to the Site or to products or services sold or distributed by Xcluder or through the Site 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 these terms and conditions as a court would.

 

To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Global Material Technologies at 750 W Lake Cook Road Suite 480, Buffalo Grove, IL 60089. 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, Xcluder 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 action, class arbitration, or a 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.

 

APPLICABLE LAW
By visiting and/or ordering through the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, 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 Xcluder.

 

ORDER ACCEPTANCE/CONFIRMATION
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Xcluder reserves the right at any time after receipt of your order to accept or decline your order for any reason. Xcluder reserves the right to reject any order you place, and/or to limit quantities on any order, without giving any reason. If Xcluder rejects your order; we will generally attempt to notify you using your email address you gave when you placed the order.

 

PRODUCT DISPLAY/COLORS
The Site attempts to display product images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

 

USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we preform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

WEBSITE ERRORS
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Xcluder reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Xcluder will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Xcluder’s Return Policy.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing the online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

 

INDEMNITY
You agree to indemnify and hold Global Material Technologies and Xcluder and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your violation of any rights of another.

 

LINKS
Xcluder may provide, or third parties may provide, links to other Internet Sites or resources. You acknowledge and agree that Xcluder is not responsible for the availability of such external Sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Sites or resources. You further acknowledge and agree that Xcluder shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or resource.

 

SITE POLICIES, MODIFICATIONS AND SEVERABILITY
Please review our other policies, such as our shipping policy, posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies and these terms and conditions at any time. You understand that the terms and conditions of this Agreement may be revised at any time by Xcluder and agree that you will bound by such terms if you fail to give notice of objection within 40 days of receiving notification of the change in contractual terms via email delivered to the email address elsewhere provided by you. Please contact Xcluder customer service at the contact information provided on the Site to discuss any provision of this Agreement that you object to before placing an order with Xcluder or your continued use of the Site. 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.

 

TERMINATION OF USE
Xcluder may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Xcluder reserves the right to change, suspend or discontinue all or any aspects of the website at any time without prior notice.

 

MISCELLANEOUS
These legal terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these legal terms shall not operate as a waiver of such right or provision. These legal terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these legal terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these legal terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these legal terms or use of the Site. You agree that these legal terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these legal terms and the lack of signing by the parties hereto to execute these legal terms.

 

OUR CONTACT INFORMATION
If you have any questions regarding any of our terms, please contact us at 

Global Material Technologies, Inc / Xcluder

750 W Lake Cook Road, STE 480

Buffalo Grove, IL 60089

Email: Info@BuyXcluder.com

Phone: 847.495.4700

 

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