OVERVIEW

This website is operated by XOXO Inc. Throughout the site, the terms "we," "us," and "our" refer to XOXO Inc. XOXO Inc. offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions of Sale," "Terms and Conditions of Sale and Use," "Conditions"), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, are vendors, customers, merchants, and/or contributors of content.

Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services offered herein. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.

All new features and tools added to this store in the future will also be subject to these Terms and Conditions of Sale and Use. You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes to 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 modifications constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.

ARTICLE 1 - TERMS OF USE OF OUR ONLINE STORE

By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state, or province of residence, and that you have given us consent to allow any minor under your care to use this website.

The use of our products for any illegal or unauthorized purpose is prohibited, and you must not violate the laws of your jurisdiction (including but not limited to copyright laws) when using the Service.

You must not transmit any worms, viruses, or any other code of a destructive nature.

Any violation or breach of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.

ARTICLE 2 - GENERAL CONDITIONS

We reserve the right to refuse access to the services to anyone for any reason at any time.

You understand that your content (excluding your credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or affect these Conditions.

ARTICLE 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete, or current. The content on this site is provided for informational purposes only and should not be relied upon as the sole basis for making decisions, without consulting more accurate, complete, and up-to-date sources of information. If you choose to rely on the content presented on this site, you do so at your own risk.

This site may contain certain historical information. Historical information, by its nature, is not current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 - MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products may be subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content of the Service) at any time without notice.

We shall not be liable to you or any third-party for any price change, suspension, or discontinuance of the Service.

ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We 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 orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Return Policy.

ARTICLE 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

ARTICLE 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

ARTICLE 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous, unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

ARTICLE 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS

There may be occasional information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, offers, product shipping charges, delivery 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 any associated website is inaccurate, at any time without prior notice (including after you have submitted your order).

We are not obligated to update, modify, or clarify information in the Service or on any associated website, including but not limited to information on prices, unless required by law. No specified update or refresh date in the Service or on any associated website should be taken to indicate that all information in the Service or on any associated website has been modified or updated.

ARTICLE 12 – PROHIBITED USES

In addition to the prohibitions set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any regional ordinance, law, rule, or regulation, whether international, federal, provincial, or state; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of our Service, any related website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee or claim in any way that your use of our Service will be uninterrupted, fast, secure, or error-free.

We do not guarantee that the results that may be obtained through the use of the Service will be accurate or reliable.

You acknowledge that from time to time we may remove the Service for indefinite periods or cancel the Service at any time without prior notice to you.

You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service, as well as all products and services provided to you through the Service, are provided "as is" and "as available" for your use, without representation, warranties, or conditions of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title, and non-infringement, unless otherwise expressly stated by us.

XOXO Co., Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, savings, data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or product from this Service, or any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless XOXO Co., Ltd., 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 attorney's fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

ARTICLE 15 - SEVERABILITY

In the event that any provision of these Terms and Conditions of Sale and Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use. Such severance shall not affect the validity and enforceability of any remaining provisions.

ARTICLE 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If we, in our sole discretion, determine that you fail, or if we suspect that you have failed, to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice, and you will remain liable for all amounts due up to and including the date of termination (inclusive), and/or we may deny you access to our Services (or any part thereof).

ARTICLE 17 - ENTIRE AGREEMENT

Failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.

These Terms and Conditions of Sale and Use, along with any other policies or operating rules we publish on this site or regarding the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service, and supersede all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale and Use).

Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party.

ARTICLE 18 - APPLICABLE LAW

These Terms and Conditions of Sale and Use, as well as any separate agreements through which we provide you with Services, shall be governed and interpreted in accordance with the laws of Delaware.

ARTICLE 19 - CHANGES TO TERMS AND CONDITIONS OF SALE AND USE

You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our website. It is your responsibility to regularly check our website for changes. Your continued use of or access to our website following the posting of any modifications to these Terms and Conditions of Sale and Use constitutes acceptance of those modifications.

ARTICLE 20 - CONTACT INFORMATION

Questions about the Terms and Conditions of Sale and Use should be sent to us at info@mfckclothing.com.

For further inquiries, please contact us at:

XOXO Commerce, Inc.
651 N Broad St Suite 206
Middletown, Delaware
19709 United States
Email: info@mfckclothing.com
Tel: (740) 990-2625