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XOXO GINA TERMS OF USE
(“Agreement”)

ACCEPTANCE OF TERMS THROUGH USE

Welcome to xoxogina.com By using this Site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement, please do not use this Site and do not click “I agree.”

Please check this Agreement periodically for changes as the owner of this Site, xoxo Gina, LLC (hereinafter referred to as “xoxo Gina” or simply as “Company”) reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this Site following the posting of any changes constitutes acceptance of such changes.

The Company reserves the right to terminate a User’s use of this Site at any time without notice and may do so for any breach of this Agreement.

YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This Agreement must be completed, understood and agreed to by a person 18 or older. If a parent or guardian wishes to permit a person under 18 to access this Site, they should email the Company with their explicit permission and acceptance of full legal responsibility.

If you are not yet 18 or are accessing this Site from any jurisdiction where this material is prohibited, please exit now as you do not have proper authorization.

LICENSE TO USE THIS SITE

Upon your agreement, Company hereby grants you a non-exclusive, non-transferable limited license to use this Site in strict accordance with the terms and conditions in this Agreement.

You agree not to make any false or fraudulent statements as you use this Site. You acknowledge and agree that all content and services available on this Site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights under the laws and regulations of the United States and internationally.

All rights not expressly granted herein are fully reserved by the Company, its advertisers, and licensors.

You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys' fees resulting from any nonpayment.

Privacy

Your access to and continued use of this Site is also governed by Company’s Privacy Policy. Please review the Privacy Policy here:
https://nxmcdn.com/pdf/xog/new_privacy.pdf

LICENSE RESTRICTIONS

Use

Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this Site.

Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from the Company is prohibited.

In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Security

You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this Site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, using a secure Username and Password not easily guessed by a third party, and notifying the Company immediately if you discover loss or access to such information by an unauthorized party.

You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this Site.

You understand that such actions are likely to subject you to serious civil penalties and criminal actions and that the Company shall pursue such criminal or civil means to the fullest extent of the law to protect its rights and the rights of its other licensors.

Export

You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Site or materials or services received through this Site, and, in particular, you shall not export or re-export anything on or received through this Site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

Errors and Corrections

While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown.

We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors.

We may also make improvements and/or changes to the Site’s features, functionality, or content at any time.

If you see any information or description you believe to be incorrect, please contact us at info@xoxogina.com and we’ll verify it for you.

LINKS TO OTHER WEBSITES

Our Site contains links to other websites for your information and convenience or to provide additional shopping for various other goods and services through our Merchant and Services Partners.

These third-party websites are responsible for, and undertake to maintain, their own Site terms of use. We suggest that you carefully review the terms of use of each Site you choose to access from our Site.

USER’S LICENSE GRANT TO SITE

Except with regard to personal information, all information which you post on this Site or communicate to the Company through this Site (collectively “Submissions”) shall forever be the property of the Company.

The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products.

Without copy, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere.

You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright.

You hereby represent and warrant that your Submission does not infringe the rights of any third party.

USER CONDUCT

By using features of this Site that allow you to post or otherwise transmit information to or through this Site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:

1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this Site’s rules or policies;
2. infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
3. constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”), chain letters, or any form of solicitation or lottery;
4. contains software viruses or harmful code;
5. impersonates any person or entity.

You also agree not to collect user data for unsolicited communications or engage with minors without consent.

This Site may remove content at its discretion and is not liable for failure to do so.

INTELLECTUAL PROPERTY RIGHTS

Copyright

The Site and all content are protected under copyright laws, ALL RIGHTS RESERVED.

Trademark

The xoxo Gina name, logo, and all related marks are protected trademarks. Unauthorized use is prohibited.

THIRD PARTY SITES

Third-party sites are not controlled by the Company. Use at your own risk.

DISCLAIMER OF WARRANTIES

This Site is provided “as is” without warranties of any kind. Your use is at your own risk.

LIMITATION OF LIABILITY

The Company shall not be liable for any damages arising from use of this Site.

INDEMNIFICATION

You agree to indemnify and hold harmless the Company from any claims arising from your use of the Site.

LEGAL COMPLIANCE

The Company may terminate access and disclose user identity if required by law.

CHOICE OF LAW AND FORUM

This Agreement is governed by Nevada law. Legal proceedings must be filed in Nevada.

MISCELLANEOUS

This Agreement constitutes the entire agreement between parties. If any provision is unenforceable, the remainder remains valid.

The Company may revise this Agreement at any time. Continued use constitutes acceptance.

Last Revised: May 30, 2025

PRIVACY POLICY NOTICE
Effective March 11, 2025

xoxo Gina, LLC (“xoxo Gina” “We”, or “Us”) recognizes and values the importance of privacy. We want you as a visitor to our website (“Site”) to feel confident using our products and services, and this privacy policy notice (“Notice”) is to help you better understand how we collect, use, and disclose your information.

This Policy describes the following:

• What information we collect and how it is collected;
• How we use your information;
• With whom we may share your information;
• Your rights and choices;
• Security and storage of the information;
• Third party websites;
• Transfer of your information;
• Do Not Track;
• Children and privacy;
• Contact information and changes to this notice;

INFORMATION WE COLLECT

We collect information about you directly from you and automatically through your use of our Site. We may combine information automatically collected with other information that we have collected about you including from publicly available sources.

A. Information You (and others) Give Us

We collect information you (and others) give us when using this Site. As examples:

• When you register an account, you provide personally identifiable information such as name, email address, phone number, username and password.
• If you make a purchase, we may collect payment information, purchase activity, and shipping/contact details.
• You may provide information through surveys, questionnaires, or marketing preferences.

We may also collect personal information from third party sources where legally permitted.

B. Information Collected Automatically

When you visit our Site, we may automatically collect information such as IP address, device type, browser type, and geographic location.

• Log & Device Data: Includes device model, operating system, browser type, IP address, and usage data.
• Cookie Data: Includes session and persistent cookies used to enhance user experience.
• Analytics Services: Third-party tools used to analyze user behavior and site performance.

This information helps us understand site usage and improve our services.

HOW WE USE YOUR INFORMATION

• Provide Services: Manage accounts, process transactions, and support customers.
• Communications: Send marketing and promotional content where permitted.
• Operations: Improve products, troubleshoot issues, and analyze performance.
• Legal Compliance: Meet regulatory obligations and respond to authorities.
• Other: As disclosed at time of collection with consent.

WITH WHOM WE MAY SHARE YOUR INFORMATION

We do not sell your information. We only share it as described in this Notice.

• Service Providers: Third parties assisting with payments, IT, analytics, and support.
• Legal & Security: To enforce policies, prevent fraud, and comply with law enforcement.

All providers are required to safeguard your information.

YOUR RIGHTS AND CHOICES

IMPORTANT: WE ARE ONLY REQUIRED TO HONOR RIGHTS TO THE EXTENT THEY APPLY UNDER APPLICABLE LAW.

Depending on your location, you may have rights including:

• Access to personal information
• Correction of inaccurate data
• Deletion of data
• Restriction of processing
• Objection to processing
• Data portability
• Withdrawal of consent
• Right to complain to authorities

California Residents: May request disclosure details under California law.

Nevada Residents: May opt out of sale of personal data.

SECURITY AND STORAGE OF INFORMATION

We take reasonable steps to protect your data, but no system is completely secure. Users are responsible for safeguarding their credentials.

We retain data as long as necessary to fulfill business and legal obligations.

THIRD-PARTY WEBSITES

We are not responsible for the privacy practices of third-party websites linked from our Site.

TRANSFER OF YOUR INFORMATION

Your data may be processed and stored in the United States or other jurisdictions with different data protection laws.

DO NOT TRACK

We do not currently respond to Do Not Track signals due to lack of standardized interpretation.

CHILDREN AND PRIVACY

The Site is not intended for individuals under 18. We do not knowingly collect data from children.

CONTACT INFORMATION & CHANGES TO THIS NOTICE

For questions, contact: info@xoxogina.com

We may update this Notice at any time. Continued use of the Site constitutes acceptance of changes.

Last Revised March 11, 2025