The websites, mobile websites, mobile applications, WiFi, or other online or digital services owned or operated by or on behalf of XALEZ, Inc. or its affiliates, brands and subsidiaries (collectively "XALEZ", "we", “our”, “us” or any derivatives thereof) (collectively, "Services") are made available to you by XALEZ and are subject to the following Terms of Use. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. By using the Services, you agree that these Terms of Use create a legally binding agreement between you and XALEZ.
THESE TERMS OF USE AGREEMENT CONTAIN A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE CAREFULLY REVIEW THE DISPUTES SECTION BELOW FOR MORE INFORMATION.
XALEZ reserves the right, at any time, to modify these Terms of Use. By continuing to use the Services following such modifications you agree to be bound by such modifications. We will post our most current Terms of Use on this page, and you should periodically visit this page to review them.
Please note that some of our Services or specific portions or features of our Services may be subject to additional policies, terms, or conditions ("Additional Terms"). Please review all Additional Terms for the Services you use, which are incorporated into and made a part of these Terms of Use. If there is a conflict between these Terms of Use and any of the Additional Terms, the conflicting Additional Terms shall take precedence with respect to your use of those Services that are governed by those conflicting Additional Terms. Finally, these Terms of Use incorporate by reference any other notices contained on the Services and constitute the entire agreement between you and XALEZ with respect to your access to and use of the Services.
By providing your telephone number to us in any form, including without limitation, any electronic, digital, or other written form, including via e-mail, website form, text message, telephone keypress, or voice recording, you authorize us to deliver or cause to be delivered to you, telemarketing, telephonic sales calls, and other calls and SMS/text messages using an automated system for the selection or dialing of telephone numbers or other automatic telephonic dialing system or the playing of a recorded message when a connection is completed to a number called, whether or not featuring an artificial or pre-recorded voice. You expressly consent to receive and authorize these calls and messages for any purpose, including but not limited to telemarketing, telemarketing sales calls, and advertising benefits and services that may be of interest, for the purpose of servicing your account, payment and billing, collecting any amounts you may owe, fundraising efforts and donations, informational updates, and for our operations and operational improvements. You understand that you need not enter into a written agreement or otherwise agree as a condition to purchase any property, goods, or services and that calls and messages could result in interruption or data use or charges according to your plan.
You may also communicate with us via e-mail, postal mail, telephone, the mobile applications, our website, and other services. We may issue notices via these various channels, including by sending e-mails to an address you provide us. You agree that such notices shall have legal effect. You also agree that any notices sent by e-mail satisfy any requirement that notices be provided in writing. You may have the right to withdraw your consent to receive certain emails and notices from mobile applications, and, when required by law, we will provide you with paper copies of notices upon request. You agree that you may make such a request by contacting us. To receive, access, and retain the notices we send via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these Terms of Use, you confirm that you are able to receive, access, and retain the notices we may send. You may update your contact information through the Services.
Please review our Privacy Policy, which also governs your use of the Services. Additionally, to learn more about how we treat the information that you provide about your children, please review our Child Privacy Notice. For more information about the privacy practices of XALEZ Pharmacy, see the XALEZ Pharmacy Notice of Privacy Practices. The Privacy Policy, the Child Privacy Notice, and the XALEZ Pharmacy Notice of Privacy Practices are also incorporated into and made a part of these Terms of Use.
Unless noted otherwise, the Services, in their entirety, including but not limited to all design and content, are the sole property of XALEZ or its content suppliers. The content available via the Services is protected as a collective work under United States and international copyright, trademark, and other laws. Except as stated in these Terms of Use, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written consent of XALEZ or the respective owner. You may not use XALEZ's name, logo, or other trademarks for any purpose without the express written consent of XALEZ. Any rights not expressly granted herein are reserved by XALEZ.
You may not, without XALEZ’s prior written consent: (a) use bots, scripts, spiders, crawlers, software, or other tools, devices, or processes on the Services for any purpose, including but not limited to mining, scraping, accessing, or collecting designs or content available on the Services; or (b) use designs or content obtained from the Services for use in any other product, service, or offering, including but not limited to websites, mobile applications, or other digital services.
XALEZ does not permit copyright infringing activities on its Services. XALEZ abides by the federal Digital Millennium Copyright Act ("DMCA") by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove materials if properly notified that such materials infringe on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content on our Services infringes upon your copyrights, you may submit a notification pursuant to the DMCA by sending an e-mail to admin@XALEZ.com.
You are not permitted to engage in any conduct that, as determined in our sole discretion, restricts, inhibits, or interferes with the ability of any other person to use or enjoy the Services. You may use the Services only for lawful purposes. You are prohibited from: (a) accessing or using the Services to collect information about users of the Services; (b) violating or attempting to violate the security of the Services; (c) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted via the Services; (d) misrepresenting your identity or providing us with false information; and (e) introducing any viruses or other computer code, files, or programs designed to interrupt destroy, or limit the functionality of the Services, software, hardware, or equipment.
You may create a text-only hyperlink labeled "XALEZ Web Site" to our home page only (www.XALEZ.com). You are not permitted to use a link that "frames" our Services or that portrays XALEZ, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. Also, you may not use any other XALEZ logo, graphic or trademark as part of the link without our express written permission. XALEZ may revoke your right to link at any time for any reason.
XALEZ reserves the right, but not the obligation, to monitor use of the Services and the content that you and other users may post in certain areas. We further reserve the right, but not the obligation, to remove information and materials that we deem, in our sole discretion, to be objectionable. Subject to the terms of our Copyright Policy language above, XALEZ expressly disclaims any obligation or warranty to screen or remove objectionable materials. XALEZ further reserves the right to disclose any content, records, or electronic communications of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Services or to protect XALEZ's rights or property, or the rights of others, including our partners, affiliates, sponsors, providers, licensors, and merchants, or other persons that use the Services.
You represent and warrant that you will not use the Services to post content (such as comments): that is false, misleading, inaccurate; that is unrelated to the Services, that infringes on the rights of others; that, as determined by XALEZ in its sole discretion, is confidential or private information, obscene, harassing, abusive, defamatory, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity; that constitutes unsolicited advertising; that impersonates another person, business, or entity; that contains malicious or otherwise harmful computer code; or that otherwise violates these Terms of Use. You also represent and warrant that you will not post content for which you received compensation from a third party without receiving written authorization from XALEZ.
You hereby grant XALEZ a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow XALEZ to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through reviews and ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
XALEZ administers rewards programs that provide benefits such as personalized discounts, gifts and other perks to members who create accounts. You are only permitted to have one (1) rewards account of any given type that is personal to you. Your account may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. Without notice to you, XALEZ reserves the right to suspend and/or terminate your account and/or your participation in the rewards program if XALEZ determines, in its sole discretion, that you have violated these Terms of Use or that the use of your XALEZ rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. XALEZ may, in its sole discretion, suspend, cancel or combine XALEZ rewards accounts that appear to be duplicative. In the event that your participation in a XALEZ rewards program is terminated, all benefits accrued by or associated with your account are void and you are prohibited from opening a new account for six (6) months.
Any health and wellness content presented on the Services is for general informational purposes only. Such content is not intended to replace or serve as a substitute for professional medical advice, diagnosis or treatment, nor is it intended as a guarantee of improvement of specific conditions or weight loss. You should regularly consult a physician or other health care provider in all matters relating to physical or mental health, particularly concerning any symptoms that may require a diagnosis or medical attention.
The content that appears on our Services is for educational and informational purposes only. We strive to provide useful and accurate information. However, errors may appear from time to time. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information presented on the Services. Any pricing shown or offered through the Services is considered an estimate only and is subject to change. Please contact your local XALEZ store if you have questions about pricing.
XALEZ may provide content or provide links to content on the Services (including co-branded websites) that are not under the sole control of XALEZ. A link to a third-party site on the Services does not constitute sponsorship, endorsement, approval or responsibility by XALEZ for any third-party site. XALEZ does not assume any responsibility for the operation, content, privacy practices, or technologies used by third-party services. You agree that you interact with third parties at your sole risk and that your relationship with those parties will be governed by their terms and policies. XALEZ in its sole discretion may modify or remove such links or content at any time and without notice.
XALEZ may offer you the opportunity, or you may choose, to submit information, comments, pictures, videos, or ideas to XALEZ or to other users of the Services (collectively "Submissions"). We welcome your Submissions. However, by sending Submissions to XALEZ, you acknowledge that the Submissions will not be treated by XALEZ as confidential and you agree that you grant to XALEZ a nonexclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media for any purpose whatsoever, without restriction and without compensating you in any way. You should not send us any Submissions that you are legally prohibited from transferring to us. By sending Submissions, you warrant that you are the sole author of the content, that you are at least 18 years old or that you are at least 13 years old and your parent or legal guardian agrees to be bound by these Terms of Use, and that your Submissions will not cause injury to the rights or property of any person or entity.
ALTHOUGH XALEZ RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE SERVICES, AND ALL INFORMATION CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. XALEZ DOES NOT WARRANT THAT THE SERVICES OR ANY INFORMATION, CONTENT OR FUNCTIONALITIES OFFERED THROUGH THE SERVICES, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM XALEZ, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, XALEZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
XALEZ DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICES WILL BE UNINTERRUPTED; OR (III) THAT THE SERVICES, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT XALEZ AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM: THE USE OF THE SERVICES; THE INABILITY TO USE OR ACCESS THE SERVICES; OR ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF XALEZ UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to hold harmless XALEZ, its subsidiaries and affiliates, and their respective shareholders, officers, directors, employees, agents, licensors and suppliers from any and all claims arising out of or related to your access or use of the Services or your inability to access or to use the Services or any other offerings rendered by XALEZ or its contractors in conjunction with the Services or your use of the Services.
By using the Services, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and XALEZ.
SUBJECT TO THE MANDATORY INFORMAL DISPUTE RESOLUTION PROCESS SET FORTH BELOW, ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES (“DISPUTE”) SHALL BE SUBMITTED TO BINDING ARBITRATION IN TAMPA, FLORIDA, EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT. IF YOU CAN DEMONSTRATE TO US THAT ARBITRATION IN TAMPA, FLORIDA WOULD CREATE AN UNDUE BURDEN TO YOU, WE WILL ALLOW YOU TO INITIATE THE ARBITRATION IN YOUR HOME STATE. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR. ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA'S CONSUMER RULES"), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE ON THE AMERICAN ARBITRATION ASSOCIATION'S WEBSITE.
XALEZ AND YOU AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM. YOU AND XALEZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON.
THE ARBITRATOR SHALL APPLY FLORIDA LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE OR IF THERE IS A CHALLENGE OR APPEAL, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN MIAMI DADE, FLORIDA. If for any reason a claim, challenge or appeal may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.
Before either Party may initiate an arbitration proceeding, you and XALEZ agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by agreement. If you intend to initiate an arbitration proceeding, you must first send a fully completed notice of your Dispute (the “Notice”) to XALEZ. The Notice must include your name and contact information (address, telephone number, and email address) and information sufficient to enable XALEZ to identify any transaction at issue. The Notice must also include a detailed description of (1) your Dispute; (2) the specific facts supporting your claim(s); (3) the nature and basis of the damages you claim to have suffered; and (4) a calculation and explanation of the relief sought. Your Notice shall be personally signed by you and sent to XALEZ at: XALEZ 1551 NE 167th ST, SUITE 421 MIAMI, FL 33162 Attention: General Counsel. If XALEZ intends to initiate an arbitration proceeding, it will send a Notice to you at the contact information we have on file. If requested by XALEZ as part of this mandatory informal dispute resolution process, you agree to personally participate (along with your counsel, if you are represented) in a telephone conference to discuss the potential resolution of the Dispute between you and XALEZ. If the Dispute is not resolved within 60 days after receipt of the Notice (or the longer period agreed to by the Parties), you or XALEZ may proceed with individual arbitration (this informal process is a condition precedent to doing so.). Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. If the sufficiency of a Notice or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court at either Party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in this informal process.
If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either Party may initiate an individual arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the nature and basis for the claim and includes all of the information required in the Notice. The Party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process.
If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. Regardless of who initiates the arbitration, XALEZ will pay any other arbitration fees, including your share of arbitrator compensation. If the arbitrator rules against XALEZ, in addition to accepting whatever responsibility is ordered by the arbitrator, XALEZ will reimburse your reasonable attorneys' fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith. In addition, if the arbitrator rules in our favor, we will not seek reimbursement of our attorneys' fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds some or all of your claims to be frivolous or to have been brought in bad faith.
To help resolve any issues between us promptly and directly, you and XALEZ agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived.
This paragraph sets forth additional procedures that apply to mass arbitrations. If twenty-five (25) or more similar claims are asserted against XALEZ by the same or coordinated counsel or are otherwise coordinated, you understand and agree that these additional procedures apply and that the resolution of your Dispute might be delayed. Counsel for the claimants and counsel for XALEZ shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of this bellwether process. If the Parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings after conferring in good faith, each side shall select another fifteen (15) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the Parties agree otherwise. Identical sets of arbitrators shall not be assigned to sets of bellwether proceedings. This staged process shall continue with thirty (30) cases in each set of bellwether proceedings, consistent with the parameters identified above, including that the remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed, until all the claims included in these coordinated filings, including your case, are adjudicated, settled, or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to these additional procedures that apply to mass arbitrations from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. You and XALEZ agree to engage in this process in good faith. A court shall have the authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against XALEZ.
This “Disputes” provision shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, any membership programs or subscription services and your relationship with XALEZ. Any amendments to this provision shall not affect any then active or pending arbitration proceeding.
In the event of intellectual property claims by XALEZ against you, XALEZ shall have the right to litigate such claims in any state or federal court in MIAMI, Florida, and you consent to the exclusive and mandatory venue in such courts.
XALEZ's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
You may use the Services for your personal, noncommercial use only. You may not use any Services if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Services only with involvement of a parent or guardian.
Contact us if you have any questions about these Terms of Use or you would like to receive a copy free of charge. You may also download a copy of these XALEZ Policies in PDF format.
At XALEZ, we are committed to protecting your privacy. We developed this Privacy Policy to inform you about how we treat the information that we collect about you in association with operating our business, including when you use the Services or interact with us in our physical and/or digital stores or via other channels. By using the Services, you consent to the practices described in this Privacy Policy.
XALEZ reserves the right, at any time, to modify this Privacy Policy. By continuing to use the Services following such modifications, you agree to be bound by such modifications. We will post our most current Privacy Policy on this page, and you should periodically visit this page to review it.
In the course of operating our business, we collect a range of personal information. That information includes:
Please read below for more information about the information we collect.
You may be able to use some of our Services or conduct in-store business with us without providing any personal information to us. However, in order to take advantage of certain features, offerings, or other functions available in stores or on our Services, you may be asked or required to provide personal information. For example, depending on the feature or service you wish to access, we may ask you to register an account with us, provide identification, or otherwise collect information from you such as your name, address, e-mail address, telephone number, credit card information, household information, demographic information, and/or information about your interests. You can always choose to not provide us with the requested information; however, if you choose to not provide such information, you may not be able to engage in certain in store transactions or access or use certain features or functions of the Services. When you shop in our stores or on our website, we may collect information about the products or services you buy when you use a payment card, the XALEZ App or enter a number at the register.
To the extent that you provide us with a mobile telephone number you hereby:
We may also receive information about you from other sources, including third parties that help us: update, expand, and analyze our records; identify new customers; collect information on our behalf; and prevent or detect fraud. We may also receive information about you from social media platforms, websites and third party applications, including but not limited to when you interact with us on those platforms, access our social media content, or use your social media login credentials to access our Services. The information we receive from these sources may include, but is not limited to, identifiers, demographics, education information, address information, Internet or other electronic network activity, and inferences about your preferences or other characteristics. The information we will be able to receive will be determined by the privacy settings, policies, and/or procedures of the applicable third party platform, website or service.
When you use the Services, we or third-parties may collect information about how you access, use, or otherwise interact with the Services, our emails, and online advertising. This information is collected for various reasons, including to help ensure that the Services continue to work correctly, to improve the Services, to support marketing campaigns (including targeted advertising), to understand our customers and how they use the Services, and to offer you a more personalized experience. The information collected may include technical information such as your IP address, the type of device or browser that you use to access the Services, the operating system on your device, the website or other online service that directed you to our Services, the URLs of the websites you visited before visiting our site, numeric identifiers for your mobile device, identifiers for advertising, identifiers generated from secure hash algorithms, session times and durations, how you use your mouse, keyboard, and other input devices to interact with the Services, and the content that you view on the Services. For more information about how this information is collected, please see our Cookies and Other Tracking Technologies section below.
When you access our Services via a mobile device, XALEZ or its third-party service providers may collect various information, including the type of mobile device you use, the temporary or persistent device identifier associated with your device, the IP address of your mobile device, the device's operating system, the browser you use to access the Services, information about how you use the Services, and your device's location as described below.
You may be able to use our mobile applications to scan barcodes or take images of products or prescription bottles in order to create shopping lists or conduct transactions. To do so, our mobile applications may request permission to access your camera and photo files. Please note that some features of our mobile applications and/or Services may not be usable or available to you if you do not grant us such permission.
Location information. Our mobile applications and websites may also collect precise information about the location of your device after you permit us to obtain such information from technologies such as Bluetooth beacons, GPS, Wi-Fi signals, or cell tower signals. We may also use technologies to determine if you are shopping in one of our stores by relying on signals transmitted by your mobile devices. We collect this information to provide you with services, content and offers based on your location. For example, we may use our mobile applications to provide you with the location of nearby stores and deals available in those stores. You may be able to enable our Services to notify us when you enter one of our stores so that we can prepare any orders you may have or to let you know about the events and deals available in the store. To opt out of the collection of precise location or presence information, you can adjust the permissions on your mobile device or uninstall our mobile applications. XALEZ has no control over your device’s settings. And adjusting these settings does not completely eliminate the ability of others to develop location information about your device.
Information you give us about others. You may give us information about other people, such as the name and address of a gift recipient, or the name and contact information of someone who will pick up items for you at a store. We will only use this information for the specific reason you provide it.
We use the information we collect to:
We may combine the information we collect from you with information that we collect from other sources.
We may share any of the categories of personal information we collect in the following circumstances:
If you post comments, pictures, or other content via public forums that may be available on the Services, that information may be publicly available. The information may be searchable by search engines and copied or republished by third parties. We have no control over those third parties. Please think carefully before you post any information via the Services.
You can opt out of interest-based advertising from third-party providers who follow the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising at www.aboutads.info/choices.
You may choose to:
To exercise your choices, you may:
If you opt-out using the directions and/or mechanisms provided in a specific type of communication, please be aware that you may only stop receiving that type of communication unless you exercise another option as described herein. Please note that if you request that your information no longer be used to provide you services, XALEZ or its vendors may retain your information for XALEZ’s business purposes, such as for backups, analysis, records of deletions, legal requirements, and data retention requirements or policies.
You may, depending on applicable laws, have certain rights regarding your personal information. For example, you may have the rights to:
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