Email Marketing

The Leader in North American Made Xylitol Products

 

Terms and Conditions

This Website is provided for your information and entertainment, and we hope you enjoy using it. Please browse the Website and make use of its various features, but please be aware that your use of the Website is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this Website.

Ownership and Operation
This Website belongs to Xylitol USA, Inc. Xylitol USA, Inc. may, in its sole discretion and at any time, modify or discontinue this Website or specific portions of it.

Agreement to Be Bound
Your use of this Website constitutes your agreement with Xylitol USA, Inc. to be bound by, and to act in accordance with, these Terms of Use.

Continuing Agreement
We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the Website to keep up to date with the current terms regarding your use of the Website. Your use of the Website reaffirms your continuing agreement to the current Terms of Use.

Use of Site Materials
Xylitol USA, Inc. owns the copyright for all of the material on the Website or has a valid right from a third party to use material on the Website. Xylitol USA, Inc. also owns or has a valid right to use all trademarks, service marks, and trade names used on this Website. No part of the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except in such cases as fair use under copyright law may be applied. Any modification of the materials or use of the materials for any other purpose is a violation of Xylitol USA, Inc. copyright and other proprietary rights. The use of any such material on any other Website or computer network without Xylitol USA, Inc. written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this Website in any manner other than as authorized in these terms and conditions, or as authorized in writing by Xylitol USA, Inc., is strictly prohibited.

Privacy
For information on how Xylitol USA, Inc. uses and protects the personal information you may provide on this Website see our privacy statement.

Submissions
All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Xylitol USA, Inc. through this Website will become and remain the exclusive property of Xylitol USA, Inc., including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Xylitol USA, Inc. unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Xylitol USA, Inc. has no obligation to keep your submissions confidential.

Geographic Scope of Site
Xylitol USA, Inc. controls and operates this Website from within The USA. Unless otherwise specified on or by this Website, this Website is intended to promote only those Xylitol USA, Inc. products that are sold by Xylitol USA, Inc. in the USA and its territories, and Xylitol USA, Inc. makes no representation that materials in this Website or the products described therein are appropriate or available for use in other locations. All visitors to this Website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Website.

Links to Other Sites
For your convenience and enjoyment, this Website may provide links to other Websites on the World Wide Web that are not operated by Xylitol USA, Inc. These links do not mean that Xylitol USA, Inc. endorses, approves or sponsors any information available at the linked site or any products that may be sold there, nor is Xylitol USA, Inc. liable for any damage that might result from your use of such information or products.

Contents of the Website – Disclaimer
The materials in this Website (including any graphics, software, recommendations or other materials) and any materials made available through this Website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Xylitol USA, Inc. disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Xylitol USA, Inc. does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability, or otherwise. The materials in this Website could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Xylitol USA, Inc. undertakes no obligation to verify or maintain the currency of such information.

Certain links in this Website may link you to other sites on the World Wide Web. The linked sites may not be under the control of Xylitol USA, Inc. and Xylitol USA, Inc. is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Xylitol USA, Inc. is not responsible for Web casting or any other form of transmission received from any linked site. Xylitol USA, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by Xylitol USA, Inc. to, or an endorsement by Xylitol USA, Inc. of, the linked site or any products or services which may be offered there.

Operation of the Website – Disclaimer
Xylitol USA, Inc. endeavors to maintain this Website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Website or its operation. As to the operation of the Website, Xylitol USA, Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Emerald Forest Sugar Inc. makes no warranty that (i) the operation of the Website will meet the user’s requirements; (ii) access to the Website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Website will be accurate or reliable; or (iv) defects will be corrected. You (and not Xylitol USA, Inc.) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Website.

Limitation of Liability
Under no circumstances shall Xylitol USA, Inc. be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Website or any materials in this site, whether in an action of contract, negligence or other torturous action, arising out of or in connection with the use or performance of the Website or information available in the Website. Xylitol USA, Inc. shall not be liable even if Xylitol USA, Inc. or a Xylitol USA, Inc. authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

Limitations as to Paragraphs 11, 12 and 13
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Xylitol USA, Inc. total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

Availability of Help
This Website may provide a Help file or other instructions for the use of this site. However, you understand that Xylitol USA, Inc. is under no obligation to provide any support for the use of the Website.

Corrections of Errors and Inaccuracies; Limitation on Quantity; Returns; Risk of Loss
The information on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any error, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. The risk of loss and title to items purchased from Xylitol USA, Inc. pass to the purchaser upon delivery to the shipping carrier.

Order Cancellation
Xylitol USA, Inc. will be happy to help you cancel your order prior to shipping. However, orders may be only eligible for cancellation upon request via email. Our Customer Service team will inform you of cancellation charges depending on any required preparation completed at the time of your cancellation.

Returns and Refunds
Customers must notify Xylitol USA, Inc within 30 days of order submission to notify any defects discovered in ordered product. In order to receive replacement or refund, Customers must notify Xylitol USA, Inc via email, or letter to receive approval. Orders returned without approval are not eligible for refund or replacement.

All shipping charges, and other fees associated with your order, are refundable solely at Xylitol USA, Inc.’s discretion.

Order Shipping and Delivery
Xylitol USA, Inc. will always act to make sure that your order is shipped in a timely manner. In no case shall Xylitol USA, Inc. be liable for any consequential damages resulting from any delay in shipment or delivery.

All Xylitol USA, Inc. customers agree not to hold Xylitol USA, Inc. liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues, or any other circumstances beyond Xylitol USA, Inc.’s direct control.

Shipping Errors And Lost Packages
Xylitol USA, Inc. must be notified within 30 days of lost or damaged shipments. Xylitol USA, Inc. is not responsible for 3rd party shipping errors, omissions, or damaged shipments.

Customer Supplied Incorrect Address
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Xylitol USA, Inc. will reship the package with corrected address and charge an additional shipping fee for the shipment, providing Xylitol USA, Inc. receives the package back from the shipping carrier.

We Reserve the right to refuse service for any reason, but will always supply a reason.

All prices are subject to change without notice.

Applicable Law; Jurisdiction
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, malicious conduct or otherwise) will be governed by the laws of the State of Colorado, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, malicious conduct or otherwise) will be brought exclusively in the State courts of Colorado, and you hereby accept and submit to the personal jurisdiction of these Colorado courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.

Severability
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver
No failure on the part of Xylitol USA, Inc. to enforce any part of these Terms of Use shall constitute a waiver of any of Xylitol USA, Inc. rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Xylitol USA, Inc. nor the reliance of any person on Xylitol USA, Inc. actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Xylitol USA Inc. shall have any legal effect whatsoever.

No Legal Effect
The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.