Last Modified: May 18, 2021
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
3. Accessing the Website and Account Security
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
If you choose or receive a user name, password, or any other piece of information as part of our security procedures or access to this Website, you must treat that information as confidential and not disclose it to any other person or entity. You also acknowledge that your account is personal to you. You agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You also agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You agree to ensure that you exit from your account at the end of each session. Use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. Intellectual Property Rights
The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that your Web browser automatically caches for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com.
The Company name, the terms PENGUIN, TOUCAN, RXIT, XIT TOOLS, XIT XTREME, RXIT, the Company logo, and all related names, logos, product and service names, designs, and slogans (including but not limited to “Indispensable Tool For Dispensing Medicine” “Get a Penguin”, and “Make Life Easy”) are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6. Prohibited Uses
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with Section 9. Content Standards.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
To defraud or mislead consumers or Website users, or promote any sort of fraudulent or misleading communication.
To engage in or assist any conduct or communication that would be considered an unfair or unconscionable trade or commercial practice in any jurisdiction.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any party's use of the Website, including their ability to engage in real time activities through the Website.
Use the Website or its features in any manner that could constitute a violation of the terms of service or use of any other website, cloud or storage platform, or electronic communications service.
Use any robot, spider, crawler, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or may compromise the privacy of the Website’s users and visitors.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
7. User Contributions
The Website may contain posts, offers, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, options to share content by or on third-party platforms or communication media (including, but not limited to, social media) and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials in each case whether proprietary or otherwise (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY USER CONTRIBUTIONS POSTED BY YOU OR ANY OTHER USER OF THE WEBSITE.
8. Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Content Standards
These content standards apply to any and all use of the Website, use of Interactive Services, and User Contributions (collectively “Website Use”). Website Use must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Website Use must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive or mislead any person.
Sell, promote, lease or offer to sell, promote, or lease any products, services or intangibles;
Promote any illegal or tortious activity, or advocate, promote, or assist any unlawful or tortious act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10. Copyright Infringement
If you believe that any User Contributions violate your copyright, please see the instructions in Section 11. Reporting Infringement Claims & Counter Notifications for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
11. Reporting Infringement Claims & Counter Notifications
We will respond to notices of alleged copyright infringement and counter notifications that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below.
Under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works. This identification must be sufficiently precise for us to locate the infringing material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
XIT XTREME LLC
3226 Collinsworth Suite B
Fort Worth, TX 76107
1 (833) 373-6484
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
DMCA counter notifications may be delivered to the designated copyright agent. All counter notifications must comply with the requirements set forth in the DMCA.
12. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not review the substance of sales postings or offers or warrant the accuracy, completeness, or usefulness of any information on the Website, or such information’s full compliance with applicable law. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, sellers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Statements from individual users or accounts, regardless of registration and any designation placed on the posting or account by the Website, are not: (i) the positions or opinions of the Company or its affiliates (ii) any endorsement by the Company or its affiliates of such statements’ content. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or any other material on the Website.
13. Changes to the Website
We may update the content on this Website from time to time at our sole discretion and without any notice or obligation to you whatsoever, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material or provide notifications or warnings to you when the material is out of date.
14. Information About You and Your Visits to the Website
15. Online Purchases and Other Terms and Conditions
16. Linking to the Website and Social Media Features
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with Section 9: Content Standards and any additional terms and conditions we provide with respect to such features. You must not use these features or otherwise link to the Website in a manner that: (1) damages our reputation or leverages it in any manner; (2) suggests any form of association with us, or approval or endorsement by us; (3) promotes or constitutes illegal, unethical, defamatory, actionable, fraudulent, or misleading conduct or communications; or (4) in connection with the sale or advertisement of any product or service not permitted to be sold on the Website. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice or disable, delete or request the deletion of any posting or accounts associated with violations of this Section.
We may disable all or any social media features and any links at any time, without notice, in our discretion.
17. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and expressly disclaim any responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
18. Geographic Restrictions
The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
19. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other compromising or destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED OR OFFERED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT (OR OFFERED OR RECOMMENDED BY IT), OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED OR OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES (NOR ARE YOU RELYING ON) ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, OR ANY PRODUCTS, OFFERS, OR INFORMATION ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED OR OFFERED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN CONNECTION WITH THE SPECIFIC SALE OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN JURISDICTIONS WHERE SUCH EXCLUSION OR LIMITATION WOULD BE UNENFORCEABLE IN ALL CIRCUMSTANCES). YOU AGREE THAT TO THE EXTENT THE DISCLAIMER ABOVE IS FOUND BY A COURT OF LAW TO BE UNENFORCEABLE OR VOID FOR PUBLIC POLICY, THAT YOU AND THE COMPANY WILL JOINTLY REQUEST THAT THE COURT REFORM THIS DISCLAIMER TO BE EFFECTIVE WHILE PROVIDING THE MAXIMUM LIMITATION OF LIABILITY AND INDEMNIFICATION PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE THAT SUCH WAIVER AND AGREEMENT TO HOLD HARMLESS MAY BE APPLICABLE TO ACTS OR COMPANY BREACHES OF THIS AGREEMENT FOR WHICH THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS MAY OTHERWISE BE STRICTLY LIABLE OR WHICH AROSE FROM THE SOLE, PARTIAL, OR CONCURRENT NEGLIGENCE AND GROSS NEGLIGENCE OF SUCH PARTIES.
FURTHERMORE, YOU AGREE THAT, TO THE EXTENT THE DISCLAIMER ABOVE IS FOUND BY A COURT OF LAW TO BE UNENFORCEABLE OR VOID FOR PUBLIC POLICY, THAT YOU AND THE COMPANY WILL JOINTLY REQUEST THAT THE COURT REFORM THIS DISCLAIMER TO BE EFFECTIVE WHILE PROVIDING THE MAXIMUM LIMITATION OF LIABILITY PERMITTED BY APPLICABLE LAW.
22. Governing Law and Jurisdiction
24. Waiver and Severability
25. Entire Agreement
26. Your Comments and Concerns
This website is operated by XIT XTREME LLC, 3226 Collinsworth Suite B, Fort Worth, TX 76107.
All notices of copyright infringement claims should be sent to the copyright agent designated in Section 11. Reporting Infringement Claims & Counter Notifications in the manner and by the means set out there.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.