Terms of Service
OVERVIEW
This website is operated by XO Crumbs. Throughout this site, the terms “we,” “us,” and “our” refer to XO Crumbs. We provide this website, along with all the information, tools, and services available, to you, the user, contingent upon your acceptance of all the terms, conditions, policies, and notices outlined here.
By visiting our site and/or purchasing products from us, you engage with our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms or policies referenced herein or available through hyperlinks. These Terms of Service apply to all users of the site, encompassing browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or utilizing any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. Should these Terms of Service be considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you have obtained consent from a parent or guardian to allow any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws applicable in your jurisdiction while using the Service, including but not limited to copyright laws.
You must not transmit any worms, viruses, or other destructive code. Any breach or violation of these Terms will result in the immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website without our express written permission.
The headings in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible for any inaccuracies, incompleteness, or outdated information available on this site. The material provided is for general information only and should not be solely relied upon for decision-making without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify the content of this site at any time but have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products may change without prior notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These offerings may have limited availability and are subject to return or exchange only in accordance with our Return Policy.
We strive to display the colors and images of our products as accurately as possible; however, we cannot guarantee that your computer monitor will display colors accurately. We reserve the right, at our discretion, to limit the sales of our products or services to any individual, geographic region, or jurisdiction, and we may exercise this right on a case-by-case basis. Furthermore, we reserve the right to limit the quantities of any products or services offered. All product descriptions and pricing are subject to change at any time without notice at our sole discretion, and we may discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may apply to orders placed using the same customer account, credit card, and/or billing and/or shipping address. If we make changes to or cancel an order, we will attempt to notify you using the email and/or billing address/phone number provided at the time the order was placed. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all transactions made at our store. You are responsible for promptly updating your account and other information, including your email address and credit card details, so that we can complete your transactions and reach you as necessary. For more details, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor, control, or input. You acknowledge and agree that we offer access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind, and without endorsement. We are not liable for any issues arising from your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion; it is your responsibility to ensure you are familiar with and accept the terms provided by the relevant third-party provider(s). We may also offer new services and/or features in the future through the website, including the release of new tools and resources. Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties. Links to third-party websites on this site may direct you to sites that are not affiliated with us. We are not responsible for reviewing or evaluating the accuracy of content on these third-party sites, nor do we warrant or accept any liability for third-party materials or websites, or for any other products, services, or materials from third parties.
We are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions connected to third-party websites. We encourage you to carefully review the policies and practices of any third parties and ensure you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you submit specific materials at our request (such as contest entries) or send creative ideas, suggestions, proposals, plans, or other materials—whether online, via email, postal mail, or otherwise (collectively referred to as “comments”)—you agree that we may edit, copy, publish, distribute, translate, and utilize these comments in any medium at our discretion, without any restrictions. We are under no obligation to (1) keep any comments confidential; (2) compensate for any comments; or (3) respond to any comments.
While we may choose to monitor, edit, or remove content at our sole discretion, we do not have an obligation to do so for content we consider unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be accessed here: [LINK TO PRIVACY POLICY].
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, our site or the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on related websites is inaccurate at any time, without prior notice (including after you have submitted your order).
We have no obligation to update, amend, or clarify information in the Service or on related websites, including pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be interpreted as an indication that all information has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content for the following purposes: (a) any unlawful purpose; (b) soliciting others to perform or participate in unlawful acts; (c) violating any international, federal, provincial, state regulations, rules, laws, or local ordinances; (d) infringing upon our intellectual property rights or those of others; (e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service, related websites, other websites, or the Internet; (h) collecting or tracking the personal information of others; (i) spamming, phishing, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purposes; or (k) interfering with or circumventing the security features of the Service or any related websites, other websites, or the Internet. We reserve the right to terminate your access to the Service or any related websites for violating any of these prohibitions.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. Additionally, we do not warrant that any results obtained from using the Service will be accurate or reliable. You acknowledge that we may occasionally remove the Service for indefinite periods or cancel it at any time without prior notice. Your use of, or inability to use, the Service is solely at your own risk. The Service, along with all products and services delivered through it, are provided “as is” and “as available” without any representations, warranties, or conditions of any kind—whether express or implied. This includes all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. Under no circumstances shall XO Crumbs, including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, revenue, savings, data loss, replacement costs, or any similar damages arising from your use of the Service or any products acquired through it. This applies to any claims related to your use of the Service, even if we have been advised of the potential for such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability will be limited to the maximum extent allowed by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless XO Crumbs and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand— including reasonable attorneys’ fees—made by any third party due to or arising from your breach of these Terms of Service, any incorporated documents, or your violation of any law or third-party rights.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be severed from these Terms. This determination will not affect the validity and enforceability of any remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities incurred by the parties before the termination date will survive for all purposes. These Terms of Service remain effective unless terminated by either you or us. You may terminate these Terms at any time by informing us that you no longer wish to use our Services or by ceasing to use our site. Should we determine, in our sole discretion, that you have failed to comply with any term or provision of these Terms, we may terminate this agreement without notice. You will remain liable for all amounts due up to the termination date, and we may deny you access to our Services (or any part thereof) accordingly.
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. These Terms of Service, along with any policies or operating rules we post on this site regarding the Service, comprise the complete agreement and understanding between you and us. They govern your use of the Service, overriding any prior or simultaneous agreements, communications, or proposals—whether oral or written—between you and us, including any previous versions of the Terms of Service. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you Services shall be governed by and interpreted in accordance with the laws of the United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time by visiting this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates on our website. It is your responsibility to check our website periodically for any changes. Your continued use of or access to our website or the Service after the posting of changes constitutes your acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
If you have any questions regarding the Terms of Service, please reach out to us at info@xocrumbs.com.