Xlear’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Xlear may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Xlear makes no commitment to update the materials on the Site with respect to such products and services.
Xlear Inc may collect personal information, such as name, contact information, demographic information, and other data relevant to customer surveys, quality control, and offers.
Use of Information:
We use the information collected to better understand our users’ needs and provide a better service, and enhance our product offerings. We also may use information in conjunction with sending promotional emails about new products, special offers, or other information that we believe you will find interesting. We may also use your information to contact you for market research purposes. We do not resell your personal data to any third-party.
We are committed to ensuring the security of your information. We have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information collected online.
We may use traffic log cookies to analyze web page traffic and improve our website to tailor it to customer needs. Cookies allow web applications to better serve users’ needs by gathering and remembering information about their preferences.
By posting or transmitting any User Content through our Sites, you acknowledge and agree that you have read, understand, and accept the terms of this disclosure information, and that you agree to be bound by them. You also agree that any User Content that you post or transmit through our Sites may be used by us for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcasting, and posting. We reserve the right to monitor User Content and to remove any User Content that we believe violates these terms and conditions or is otherwise inappropriate for any reason.
Links to Other Websites:
Our website may contain links to other websites of interest. We are not responsible for the protection and privacy of any information provided by users while visiting such sites, and such sites are not governed by this privacy statement. You acknowledge and agree that your access and use of any such third-party websites, applications, services, and resources are at your own risk and subject to the terms and conditions of use applicable to such sites and resources.
The medical information on our websites is for educational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult your healthcare provider if you have any questions or concerns about your health. We are not responsible for any harm caused by using the information on our websites.
Void Where Prohibited:
Xlear controls the Site from its American Fork, UT, USA offices. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Xlear reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY XLEAR ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. XLEAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER XLEAR’S CONTROL.
Limitation of Liability:
Responsibility for End Users:
Digital Millennium Copyright Act:
Xlear respects the rights of copyright holders and abides by the federal Digital Millennium Copyright Act and similar regulations in other jurisdictions by responding to written notifications of alleged infringement by copyright holders. To provide a notification of alleged copyright infringement, please follow the procedures set forth in our Copyright Infringement Notice and Takedown Policy.
Notice for California Residents:
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: Xlear does not currently charge any fees for access and use of the Site. If you have a question or complaint regarding the Site, please contact Xlear by writing to: email@example.com California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
Xlear may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Xlear’s rights or property, or the rights or property of visitors to or users of the Site, including Xlear’s customers. XIear reserves the right at all times to disclose any information that XIear deems necessary to comply with any applicable law, regulation, legal process or governmental request. XIear also may disclose your information when Xlear determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that XIear may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
When you visit the Site or send emails to XIear, you are communicating with XIear electronically; and you consent to receive communications from XIear electronically. XIear will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that XIear provides to you electronically satisfy any legal requirement that such communications be in writing.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Utah without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Salt Lake City, UT and waive any objection to such jurisdiction or venue.
If you need help or have any questions about Xlear, our Sites, our products, or an order, please click here for information on how to contact our customer service representatives, who will be happy to assist you.