Terms of Use

 

  1. Acceptance: This terms of use agreement (the “Agreement”) is entered into by and between xCraft Enterprises, LLC (“XCraft,” “we,” or “us”) and you, individually or on behalf of the legal entity you represent (“Buyer” or “you”).  XCraft operates www.xcraft.io, related subdomains and other merchandising channels including web and mobile sites or applications, forums and social media platforms (collectively, the “Website”).  By accessing this Website and by submitting an order for XCraft products on the Website, you acknowledge that you have read, understood and accepted the following terms.  If you do not understand or agree to this Agreement, you should immediately exit this Website and should refrain from purchasing any XCraft products.  XCraft reserves the right to update this Agreement at any time without notice to you. These Terms and Conditions shall supersede any inconsistent provisions contained on any buyer’s purchaser order.

 

If this Agreement is modified, we will post the updated Agreement on the Website, and any use of the Website after we post the revised Agreement constitutes agreement to the new terms.  The also apply to your use of the Website, and are hereby incorporated and made a part of this Agreement.

 

  1. Product Specifications: This Website and its contents are provided for your convenience only. The specifications provided on our Website, literature, or in any written quotations are intended to be accurate.  However, XCraft reserves the right to change specifications and assumes no obligation or responsibility regarding the accuracy of the information whatsoever.

 

 

  1. Pricing: Published prices are subject to change without notice.  Prices do not include freight, duty and insurance fees and export licenses, if required.  Prices quoted are exclusive of, and Buyer agrees to pay, any state or local excise, sales, use, VAT, personal property or any other tax.

 

  1. Minimum Order: $50.00

 

  1. Delivery: Items in stock will be shipped within 5 to 120 business days from receipt of order. For items not in stock, an estimated delivery date will be specified upon acceptance of the order.  After acceptance of an order, XCraft will provide an estimated delivery date and will use its best efforts to meet the estimated delivery date.  Estimated delivery dates are subject to change due to circumstances outside of XCraft’s control.  XCraft will notify Buyer of any anticipated delay in delivery.  XCraft reserves the right to ship ahead or reschedule, unless the Buyer specifies otherwise. XCRAFT IS NOT RESPONSIBLE FOR ANY DAMAGES, WHETHER CONSEQUENTIAL OR OTHERWISE, CAUSED BY LATE DELIVERY.

 

  1. Shipping Terms: XCraft assures proper packaging and will ship by any method selected by XCraft, unless specified by you at the time of purchase.  Shipping and handling charges must be prepaid and added to your total at the time of checkout.  XCraft may, but is not required to, provide you the option to purchase insurance for the shipment.  XCRAFT SHALL NOT BE LIABLE FOR LOSS OR DAMAGE TO THE GOODS AFTER DELIVERY OF THE PRODUCT TO A COMMON CARRIER.

 

  1. Terms of Payment: Orders for delivery to Buyers must be fully prepaid in US dollars, or Euros, unless specified differently in the formal quotation.  XCraft only accepts major credit cards or bank wire transfers.

 

  1. Warranties: XCraft products are warranted to meet or exceed the stated specifications, and to be free from defects in material or workmanship.  This warranty shall be valid for thirty days from invoice date (unless indicated otherwise in the product’s User Manual) and is subject to the Return Policy.  This limited warranty does not extend beyond the first purchaser of any XCraft product.  This limited warranty is conditioned upon compliance with all aspects of the relevant User Manual and related documentation provided with each XCraft Product.  The full terms, conditions and limitations of XCraft’s product warranty is stated in the User Manual that accompanies the product, and such terms, conditions and limitations shall control in the event the terms, conditions and limitations in this Terms of Use are inconsistent in any way.

 

 

OTHER THAN THE EXPRESS LIMITED WARRANTIES PROVIDED ABOVE AND IN THE APPLICABLE USER MANUAL, XCRAFT MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS SOLD ON THE WEBSITE OR ANY COMPONENTS OR ACCESSORIES THEREOF OR RELATED THERETO. XCRAFT HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  YOU ACKNOWLEDGE THAT THE YOU ALONE HAVE DETERMINED THAT ANY PRODUCT PURCHASED FROM THE WEBSITE WILL SUITABLY MEET THE REQUIREMENTS OF YOUR INTENDED USE.  THE EXTENT OF XCRAFT’S LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT AS PROVIDED IN THE RELEVANT USER MANUALS, AND IN NO EVENT SHALL XCRAFT’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR ANY PRODUCTS PURCHASED ON THE WEBSITE.

 

XCRAFT’S TOTAL MAXIMUM AGGREGATE LIABILITY FOR DAMAGES RELATING TO THE SALE AND OPERATION OF ANY PRODUCT PURCHASED ON THE WEBSITE SHALL NOT EXCEED THE PURCHASE PRICE PAID. IN NO EVENT SHALL XCRAFT BE LIABLE FOR, AND YOU AND ALL OPERATORS OF THE PRODUCT WAIVE AND RELEASE ANY CLAIM (IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) AGAINST XCRAFT FOR, ANY AND ALL INDIRECT, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES AS WELL AS ANY AND ALL LOST REVENUES, PROFITS OR PROSPECTIVE ECONOMIC OR NON-ECONOMIC ADVANTAGE (WHETHER DIRECT OR INDIRECT).

 

 

  1. Copyright: All content and copyrighted and copyrightable materials on the Website, including, without limitation, the text, graphics, pictures, videos, sound files and other files, design, compilation, XCraft logo, and the selection, arrangement, organization and magnetic translation thereof (the “materials”) are the property of XCraft or various third parties and are protected by United States and international copyright laws.  XCraft and various third parties whose copyrighted material appears on the Website, own all right, title, and interest in and to the materials, and nothing in this Agreement shall be interpreted to grant a license or ownership interest in or to the Materials.  None of the Materials may be copied, in whole or in part, without express written permission by the copyright holder, and all rights are expressly reserved.

 

  1. Trademarks: The xCraft, xCraft logo, xPlusOne, PhoneDrone, Ethos, and all other marks and logos found on this Website (the “Marks”) are property of XCraft or an applicable third party and may not be copied, imitated or used as a trademark or otherwise, in whole or in part, without the express prior written permission of XCraft or the third-party owner of the mark.  All rights are expressly reserved, and nothing in this Agreement shall be interpreted to grant a license or ownership interest in or to the Marks or any other trademarks.

 

  1. Additional Disclaimers: XCRAFT ENTERPRISES LLC ASSUMES NO OBLIGATION OR RESPONSIBILITY FOR THE USAGE OF ITS PRODUCTS.  PLEASE CONSULT WITH YOUR LOCAL REGULATORY AUTHORITIES ABOUT THE UAV SYSTEMS FLIGHTS RULES AND REGULATIONS AND THOROUGHLY READ AND UNDERSTAND THE PRODUCT USER MANUAL PRIOR TO ANY OPERATION OF AN XCRAFT PRODUCT. Read and follow all safety and operating instructions before using an xcraft product, and ensure that basic safety precautions are always followed during operation of the X PlusOne. Failure to do so can result in serious injury or death to the operator and/or bystanders.

 

THE WEBSITE AND ALL RELATED INFORMATION GIVEN BY XCRAFT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, XCRAFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  XCRAFT DOES NOT WARRANT THAT THE WEBSITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR XCRAFT’S SERVERS, OR ANY EMAIL OR OTHER COMMUNICATIONS SENT BY XCRAFT IS ACCURATE, COMPLETE, RELIABLE, TIMELY, UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK AND RESPONSIBILITY.  XCRAFT, ON BEHALF OF ITSELF AND ITS LICENSORS AND CUSTOMERS, MAKES NO WARRANTY OF NON-INFRINGEMENT WITH RESPECT TO ITS PRODUCTS, THE WEBSITE, SERVICES, ANY CONTENT, OR ANY OTHER MATERIAL.

 

EXCEPT WHERE STATED EXPLICITLY ON THE WEBSITE OR OTHER XCRAFT MATERIALS, XCRAFT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY QUALITIES, TRAITS, CONTENT OR GRADE OF, OR INFORMATION RELATING TO, THE PRODUCTS SOLD OR ADVERTISED FOR SALE ON THE WEBSITE.

 

  1. Limitation of Liability: NEITHER XCRAFT, NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE.

 

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 disclaimers, exclusions or limitations in these Terms and Conditions may not apply to you, and you may have additional rights.

 

  1. Use of Site: You may not use the Site for any purpose that is unlawful or prohibited by this Agreement. We may discontinue some or all of the functionality of the Site at any time for any reason or for no reason. We may also terminate your right to use the Site at any time or modify the Site with or without any notice to you.

 

  1. Governing Law: These Terms and Conditions shall be governed by and construed according to the laws of the State of Washington.  You agree that any claim or dispute arising under or relating to these Terms and Conditions or the Website will be subject to the jurisdiction of the applicable state or federal courts located in Spokane County, Washington, USA, and you consent to exclusive jurisdiction and venue in such courts.

 

  1. Entire Agreement: This Agreement constitutes the entire agreement between the Parties with regard to the subject matter contained herein. All prior or contemporaneous agreements, written or oral, between the Parties relating any subject matter covered herein, are hereby superseded by this Agreement. Notwithstanding the foregoing, in the event the terms and conditions of an applicable User Manual are in any way inconsistent with the terms and conditions of this Agreement, the User Manual will control

 

  1. Severability: The invalidity or unenforceability of any provision within this Agreement shall in no way affect the validity or enforceability of the remainder of this Agreement or any other provision hereof. If any provision is deemed to be invalid or unenforceable, the court shall make efforts to enforce the remainder of this Agreement to the maximum extent possible.

Guarantee:

    If the seal on the box is broken upon return. The end user will be charged 30% of the purchase price as a restocking fee. The end user will be charged the cost for any irreparable damage cause to the craft in addition to the restocking fee.