Welcome to Xylvanta LLC (referred to as “we,” “us,” or “our”). This Disclaimer and Limitation of Liability applies to your use of our website, https://xylvanta.com/ (the “Site”), and your purchase or use of products from Xylvanta LLC. By accessing or using our Site or purchasing our products, you agree to this Disclaimer and Limitation of Liability.
1. General Disclaimer of Warranties
THE SITE AND ALL PRODUCTS OFFERED BY Xylvanta LLC ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Xylvanta LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Xylvanta LLC DOES NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Xylvanta LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR PRODUCTS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOUR RELIANCE ON ANY INFORMATION OR PRODUCT OBTAINED FROM THE SITE IS SOLELY AT YOUR OWN RISK.
2. Accuracy of Information
While Xylvanta LLC strives to provide accurate and up-to-date information on the Site, we do not warrant the accuracy, completeness, or reliability of any product descriptions, pricing, or other information available on the Site. Product images are for illustrative purposes only and may not exactly represent the product you receive. All specifications, descriptions, and prices of products are subject to change at any time without notice. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
3. Product Use Disclaimer
Our products are household cleaning supplies. You are solely responsible for ensuring that the products you purchase are suitable for your intended use and for adhering to all product instructions, warnings, and safety guidelines provided on the product packaging and our Site. Xylvanta LLC is not responsible for any damage, injury, or adverse effects that may result from the misuse, improper application, or failure to follow product instructions for any product purchased from us. Always read labels and warnings carefully before using any cleaning product. If you have any allergies or sensitivities, please review product ingredients before use.
4. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Xylvanta LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR OUR PRODUCTS; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Xylvanta LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF Xylvanta LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR PURCHASING PRODUCTS FROM THE SITE.
5. Indemnification
You agree to indemnify, defend, and hold harmless Xylvanta LLC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this policy, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Xylvanta LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Xylvanta LLC in asserting any available defenses.
6. Third-Party Links
The Site may contain links to websites operated by third parties. These links are provided for your convenience only. Xylvanta LLC does not control and is not responsible for the content, privacy policies, or practices of any third-party websites. The inclusion of any link does not imply endorsement by Xylvanta LLC of the site. Your use of third-party websites is at your own risk.
7. Governing Law
This Disclaimer and Limitation of Liability shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law principles. Any dispute arising under or in connection with this policy shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, US.