Terms of Use
Overview
Welcome to Goes2xi.com! These Terms of Use (“Terms”) govern the website, Goes2xi.com, available by desktop or mobile web, or smartphone application, (the “Site”) controlled by Oliver Avenue LLC and its web host Squarespace. Goes2xi is a trade name owned by Oliver Avenue LLC (“we,” “us”, “our”, “Company”).
The Goes2xi.com website (“Site”) located at www.Goes2xi.com is a copyrighted work belonging to Oliver Avenue LLC. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms whenever you use or access the Site. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms.
By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
Content Permission & Restrictions
Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.
Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content.
Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.
Accuracy of Information on the Site
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. Company reserves the right to refuse or cancel any such orders prior to shipment whether or not the order has been confirmed and your payment processed. If your payment has already been processed for the purchase and your order is cancelled prior to shipment, Company shall issue a credit to your payment account in the amount of the incorrect price.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
Shipping and Handling: Provider, Charges, Timing; Lost, Stolen or Damaged Items
We use the United States Postal Service (USPS) to deliver orders. The cost of shipping within the contiguous 48 United States and the District of Columbia is included in the unit price. The shipping cost to Hawaii, Alaska, Canada, UK, Europe and other destinations is researched and quoted prior to final order processing and subject to your approval.
Products are made to order and may take two or more days to complete depending on material availability.
We seek the lowest cost USPS shipping rate which may mean the slowest delivery time. Within the 48 contiguous United States and the District of Columbia transit time is approximately one week. You will be notified when your order has been processed; it will be shipped within a couple of days. You may request a tracking number via Customer Service.
We do not insure shipments. You are responsible for contacting USPS regarding any claims for damaged and/or lost shipments via their Find Missing Mail processes. Customer Service can provide the tracking number. Please contact Customer Service to request a possible replacement item at a discount. You must provide photos of the damaged shipping box and item.
See also the Shipping, Returns, Refunds and Exchanges page.
Shipping Limitation
When an order is placed, it will be shipped to an address designated by you as long as that shipping address is serviceable by USPS. We are not responsible for issues caused by incorrect billing/shipping information provided by the customer upon checkout. We are not responsible for delayed shipments caused by the shipping carrier.
Returns, Refunds, and Exchanges
All sales are final and items cannot be returned for a refund or exchanged. Please place your order carefully.
See also the Shipping, Returns, Refunds and Exchanges page.
Email Communication
By making a purchase on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).
Text Communication
By making a purchase on the Site, you understand and agree that we may send you SMS communications in order to complete a sale, update you on the order or delivery status, or provide you with other information related to a purchase. We will give you the opportunity to opt-out of receiving these SMS communications from us by following the opt-out instructions provided in such message(s).
Payment Methods
Purchases on the Site may be made electronically using PayPal as our payment processor in conjunction with our web host Squarespace. Alternative payment methods such as Venmo or personal check may be accepted on an exception basis by contacting Customer Service. See the Returns and Exchanges page for
Confirmation of Orders
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Cancellation or Refusal of Orders
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer name or account, the same payment account or credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Merchandise & Availability
The merchandise sold through the Site is intended to comply with U.S laws and regulations. If you are a non-U.S based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S.
Merchandise availability on our Site is not guaranteed. Products are made to order and may take two or more days to complete depending on material availability. We will notify you of a delay via e-mail. You can always verify availability by contacting Customer Service. You will receive a shipping confirmation e-mail once your items have shipped.
User Comments
From time to time, we may allow users to post comments, suggestions, ideas, materials and other submissions ("User Comments") on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.
Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.
User Content
“User Content” means any and all information and content that a user submits to the Site such as photos, comments, ratings, feedback. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Prohibited Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Links to Third Party Site
The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.
Prohibited Use Policy
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.
Registration, Accounts and Passwords.
If you choose to create a customer account to store your orders, payment information and shipping information, you are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your account username or password. You are obligated to immediately report a lost or stolen password or username to Customer Service.
If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.
Disclaimer of Warranty & Limitation of Liability
Your use of the Site is at your risk. The information, materials, content and services provided on or through the Site are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. With respect to our products, there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
We will not be liable for any damages of any kind arising from the use of the site, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if we are expressly advised about the possibility of such damages. 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 above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Indemnification
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.
Jurisdiction
These Terms shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Dispute Resolution
Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both you and Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of submission to respond to the dispute. Notice shall be sent to both: Goes2xi@gmail.com and Oliver Avenue LLC, Customer Service, 4916 Oliver Avenue South, Minneapolis, MN 55419.
Unless you indicate otherwise in your notice, Company shall respond to your notice using your last-used billing address or the billing and/or shipping address in our records.
In the event that we are unable to resolve the dispute with you through the Customer Service department referenced above, you and Company both agree the parties shall resolve their dispute utilizing binding arbitration, which shall be adjudicated by binding arbitration under rules then in effect in Minnesota before one arbitrator to be mutually agreed upon by both parties. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.
Resale of Product & Order Acceptance
The Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. In addition, we do not accept orders from any resellers, dealers, exporters, or distributors who may resell the products offered by us. We reserve the right to immediately bar access to the Site and terminate of any user who violates this provision.
Privacy Statement
We are committed to protecting the privacy of the visitors to the Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our Privacy Policy.
Customer Service
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact Customer Service.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information
All trademarks, service marks and trade names of www.Goes2xi.com used in the site are trademarks or registered trademarks of www.Goes2xi.com. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
All trademarks, service marks and trade names of other interests used in the site are trademarks or registered trademarks of their owners.
Porsche, the Porsche marque, 356, 912, 911 and sub-Types, 914, 924, 944, 928, 968, 930, Carrera, Targa, are registered trademarks of Dr. Ing. h.c. F. Porsche AG.
General
These Terms are subject to occasional revision and without notification. These changes will be effective immediately for new users of our Site. Continued use of our Site following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Contact Information
Goes2xi.com c/o Oliver Avenue LLC
4916 Oliver Avenue South, Minneapolis, MN 55419
Goes2xi@gmail.com
Version 1.2 August 2022