TERMS AND CONDITIONS OF SERVICES AND SALES
Please be aware that inappropriate use of the products could result in personal injury or property damages. Please read the User Manual and safety guidelines associated with the products before your first use of the products. These documents are included in the product packages and are also available online on the XDynamics products page at https://www.xdynamics.com/.
1. ELIGIBILITY FOR SITE USE
You must be at least 13 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your access to the Site is in compliance with all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2. ELECTRONIC COMMUNICATIONS
By accessing the Site, you (i) consent to the electronic communication and delivery of all documents related to these Terms and Conditions, (ii) agree that your act of accessing the Site binds you to the terms of these Terms and Conditions, (iii) represent that you have internet access and a valid e-mail address enabling you access this website and to receive communications and documents electronically, and (iv) represent that you have a printer or other device to print or save communications and documents, including without limitation these Terms and Conditions, and that you have printed or otherwise saved a copy of these Terms and Conditions for your records. This consent is effective until you withdraw it. You may withdraw your consent to electronic communication and delivery of documents or update your contact information at any time by logging into your account using your username and password and clicking on “Profile”.
3. YOUR ACCOUNT
When you purchase our products from our Site, you may create an account as part of the checkout process. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. Additionally, you agree to accept responsibility for all purchases and activities that occur under your account.
4. LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by XDynamics.
XDynamics has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that XDynamics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
5. PROHIBITED CONDUCT
By using the Site, you agree not to:
- Access the Site for any illegal purpose or in violation of any local, state, national, or international law;
- Conduct activities that may be harmful to others or that could damage our reputation;
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
- Interfere with security-related features of the Site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
- Interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- Perform any fraudulent activity in connection with your obtaining or accessing the Sites, including impersonating any person or entity, claiming a false affiliation, accessing any other XDynamics account without permission, or falsifying your age or date of birth;
- Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials;
- Bypass any security or other features of the Site designed to control the manner in which the Site is used, harvest or mine User Content from the Site, or otherwise access or access the Site in a manner inconsistent with individual human usage;
- Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
- Access, tamper with, or use non-public areas of the Site, XDynamics’ (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of XDynamics’ providers;
- Access the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
- Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;
- Attempt to do any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section.
6. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SITE
If you violate any provision of these Terms, your permission from us to access the Site will terminate automatically. In addition, XDynamics may in its sole discretion terminate your XDynamics account or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Site or features of the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or access to the Site. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Site, you will not have access to any data or content posted to the Site or otherwise contained in the Site, and we will have no responsibility to provide you access to such data or content. You may terminate your XDynamics account at any time by contacting customer service via e-mailing firstname.lastname@example.org.
You are responsible for your access to the Site. You will defend and indemnify XDynamics and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
8. ACCEPTANCE OF ORDER & CANCELLATION
Your placement of an order on the Site does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to process your order. Once a completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.
You may cancel your order, either before or after shipment, by sending an email to customer service stating your desire to cancel your order. If your order has not shipped yet, we will provide you with a full refund. If your order has shipped already, we will honor your request to cancel if (i) you cancel your order within 7 days of your receipt of the shipment; (ii) the product is returned within 7 days of your receipt of the shipment using the return form provided by XDynamics via email; and (iii) the product has not been activated and is in new or like-new condition in its original packaging with all of its accessories and documentation. You are responsible for return shipping costs. XDynamics reserves the right to refuse cancellation and provide any refund if (i) the cancellation request or product is returned beyond the 7-day window or (ii) the product has been activated or is not in new or like-new condition or is not in its original packaging or missing accessories and documentation. XDynamics reserves the right to postpone reimbursement until XDynamics has received the parcel back, inspected it and accepted the return.
9. PRICING AND AVAILABILITY
All prices for products, including associated costs of shipping and tax, are shown in U.S. dollars. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products without notice, even if you have already placed your order. If for some reason an item on your order is out of stock, we will issue a full refund for such item.
10. FORMS OF PAYMENT & INVOICE
XDynamics currently accepts Wire Transfer, Paypal, Visa, MasterCard and American Express for all orders. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
For pre-qualified customers only, XDynamics shall issue an invoice accompanying each shipment. Buyer shall pay such invoices in U.S. dollars in full within [ ] days after receipt of such invoice. Please contact XDynamics’ customer service by phone at +1 831-288-3506, Monday to Friday from 9am to 6pm PST, or by email at onlinesales@XDynamics.com for details.
11. CREDIT CARD SECURITY
The safety of your personal information is extremely important to us. We use a wide array of electronic and physical security measures and devices to protect your personal data and credit card information from unauthorized access. The Site does not store any Credit Card numbers or other sensitive data on our servers. Any “stored cards” or orders and customers utilizing the Site’s online ordering service are securely billed through a PCI Compliant Credit Card gateway and processor.
12. SALES TAX
We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.
If XDynamics is required by law to collect sales tax on orders shipped to the State, Province, Territory, or other applicable territorial entity corresponding to your delivery address, the appropriate charge will be added to your merchandise total and displayed on your final order confirmation.
13. SHIPPING TERMS; RISK OF LOSS
We endeavor to ship all orders for in-stock items within three (3) business day(s). Our standard business hours are 9AM – 5PM (Pacific Standard Time) Monday – Friday.
Standard shipping of products purchased on the Site is via independent carrier not affiliated with, or controlled by, XDynamics, and you should allow five (5) to eight (8) business days for standard delivery once an order has been shipped. For an additional fee, we offer expedited shipping, if that is your preferred shipping choice. All shipping charges are your responsibility, unless waived by XDynamics. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. All orders are shipped FOB shipping point. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when XDynamics delivers these items to the carrier for shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
If the parcel or product arrived damaged, it is your responsibility to refuse the delivery and to state your reason for refusal to the carrier. You must also inform XDynamics by sending an email to customer service. Full refund will be given to you after reception and inspection of the returned package.
14. RETURNS OF ONLINE PURCHASES
If the product is not working properly, you must get in touch with XDynamics’ customer service by phone at 760-217-6105, Monday to Friday from 9am to 5pm PT, or by email at onlinesales@XDynamics.com to verify whether the defect is covered under warranty (terms of warranty are stated in the “Warranties” Section). We will need your name, the order number, the product(s), how many you are returning and the reason for the return.
If the defect is deemed to be covered under warranty, XDynamics will issue a prepaid transport voucher and give you a return merchandise authorization (“RMA”) number. You must return the defective product, using the prepaid transport voucher and quoting the RMA number on the parcel, at the address stated on the transport voucher.
If we, in our sole discretion, determine during inspection that the returned product is indeed defective, we will send you a replacement product or replacement parts with a new or refurbished product or parts for each defective item. If we determine after inspection that the product is not defective as claimed, it will be returned to you at your sole cost and expense.
THE IMPROPER INSTALLATION OR ASSEMBLY OF OUR PRODUCT BY YOU DOES NOT CONSTITUTE A DEFECTIVE PRODUCT FOR WHICH A RETURN OR EXCHANGE IS WARRANTED. PLEASE FOLLOW ALL INSTALLATION AND ASSEMBLY INSTRUCTIONS PROVIDED WITH OUR PRODUCT.
15. PRIVACY STATEMENT
We attempt to be as accurate as possible. However, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current or error-free. In addition, all weights and size dimensions are approximate. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
17. INTELLECTUAL PROPERTY
XDynamics does not transfer to you or license to you in any manner any patent, trade secret, trademark, service mark, copyright or other intellectual property right related to our brand, name or products, other than the right to incorporate or use the products purchased by you from us or as otherwise set forth in this agreement. XDynamics shall retain title to all logos, designs, sketches, drawings, patterns, dies, tools, special appliances and materials furnished or paid for by us in connection with the product you purchase.
18. LIMITATION OF LIABILITY
You do agree to indemnify XDynamics and its officers, directors, managers, members, employees, agents, distributors, partners and affiliates (the “XDynamics Indemnified Parties”) from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney fees, that arise from your misuse of the products purchased on the Site or your activities or omissions in connection with said products or use of the Site, including, but not limited to, your violation of these Terms and Conditions or your violation of any other applicable law or regulation that governs your use of the products or the Site.
XDYNAMICS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, XDYNAMICS’ LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
XDynamics warrants to the original purchaser that the product purchased will be free of defects related to manufacturing, parts, materials and workmanship under normal and accepted use from the date of purchase, the date of the receipt being the effective reference date, for the following period:
Ground Station: 12 months
Gimbal and Camera: 12 months
Olympus 17mm Lens: 12 months (manufacturer’s warranty)
Vision Positioning System: 12 months
Propulsion system (excluding propellers): 12 months
Battery : 6 Months and Charge Cycle less than 200 Times
Charger: 12 months
Frame: No warranty
Propeller: No warranty
XDynamics’ liability for warranty claims is limited to the purchase price of the product or free of charge replacement of the products or of parts, specifically recognized as defective by XDynamics. Any replacement made under warranty shall not have the effect of extending the initial warranty period thereof.
This Standard Warranty does not apply to:
- Product subjected to abnormal use or conditions, accident (including without limitation, collision, crash or fire), alteration, or improper maintenance or repair;
- Damage from exposure to moisture, wind or extreme environmental conditions;
- Product subjected to improper installation of components and parts, whether such components or parts are supplied by XDynamics, any XDynamics authorized dealer or supplier or any third party;
- Damage caused by flights which did not follow instruction manual recommendations;
- Damage from use with any accessory, software or other product not expressly authorized by XDynamics;
- Damage caused by operating the product at a weight greater than the safe takeoff weight, as specified by instruction manuals;
- Damage from external causes such as dirt, sand, battery leakage, blown fuse, or improper usage of any electrical source;
- Damage caused by operating the product in an environment suffering from interference from other wireless devices (i.e. transmitter, video-downlink, Wi-Fi signals, etc.);
- Damage caused by operating the unit with a low-charged or defective battery;
- Damage due to repair and/or modification made by you or any unauthorized third party;
- A gradual weakening over time of the capacity of a rechargeable battery from XDynamics (if applicable), which does not constitute a defect in materials or workmanship in the product;
- Inadequate packaging on return of the product to the XDynamics office / warehouse;
- Lost or stolen Product; or
- Use in violation of law or ordinances in effect in the jurisdiction in which the Product is used.
THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM XDYNAMICS RELATING TO THE PRODUCTS YOU PURCHASE FROM THE SITE. XDYNAMICS MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS ARE PROVIDED BY XDYNAMICS “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
20. GOVERNING LAW; VENUE
These Terms and Conditions and your purchase of products from XDynamics through the Site shall be governed and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or your purchase of products shall be filed only in the state and federal courts located in Orange County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions.
21. FORCE MAJEURE
XDynamics will not be responsible for any delay or failure in any performance due, without limitation, to acts of God, war, warlike conditions, blockade, embargoes, riots, governmental restriction, labor disturbances, unavailability of anticipated usual means of supplies, transportation or loading facilities, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances or any other causes beyond its reasonable control. XDynamics shall have no obligation or liability whatsoever arising out of or in connection with any such failure.
These Terms and Conditions together with the Privacy Statement applicable to the Site constitute the final, complete, exclusive and entire agreement between you and XDynamics with respect to your purchase of products from the Site hereunder, and supersede any contemporaneous or prior agreements, correspondence or information, oral or written. The failure of either party at any time to enforce any provision of these Terms and Conditions shall not prevent either party from enforcing any other provision. In the event that any portion of these Terms and Conditions shall be held to be unenforceable, the remaining portions of these Terms and Conditions shall remain in full force and effect. Any obligations and duties which by their nature extend beyond the expiration or termination of this agreement shall survive any expiration or termination of these Terms and Conditions. These Terms and Conditions have been written in English (USA). In the event of divergence between a translated version and the English version, the latter shall prevail.
23. DISPUTE RESOLUTION AND ARBITRATION
In the interest of resolving disputes between you and XDynamics in the most expedient and cost-effective manner, you and XDynamics agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND XDYNAMICS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of the above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and XDynamics will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Our address for Notice is: 9281 Irvine Boulevard, Irvine, California, CA 92618, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or XDynamics may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or XDynamics must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Any arbitration hearing will take place at a location to be agreed upon in Orange County, California. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse XDynamics for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND XDYNAMICS 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and XDynamics agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If XDynamics makes any future change to this arbitration provision, other than a change to XDynamics’ address for Notice, you may reject the change by sending us written notice within 30 days of the change to XDynamics’ address for Notice, in which case your account with XDynamics will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
24. CONTACT US
Please send any questions or comments regarding this Site or your order to:
9281 Irvine Blvd.
CA 92618, USA
+1 831-288-3506 from 9AM – 6PM