Terms of Service

SX3 CLUB TERMS OF SERVICE

Welcome to SX3 Club. By accessing or using our website (the "Site"), services, or products (collectively, the "Services"), you agree to be bound by these Terms of Service (the "Terms"). These Terms govern your access to and use of our Services, including any content, functionality, and services offered on or through the Site.

SX3 Club provides these Services subject to your acceptance of all the terms, conditions, policies, and notices stated here. It is important that you read these Terms carefully, as they establish your legal rights and obligations regarding the use of our Services.

By accessing or using any part of our Site, you agree to comply with and be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

SX3 Club reserves the right to modify or update these Terms at any time, and it is your responsibility to review them periodically. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.

DEFINITIONS

For the purposes of this Terms of Service, the following definitions shall apply:
"SX3 Club": Refers to SX3 Club LLC, including its successors, assigns, subsidiaries, and affiliates, which operates the website and related services offered on sx3club.com (the “Website”).

"Website": Refers to the internet site operated by SX3 Club, accessible at sx3club.com, including all associated subdomains, mobile applications, and services provided therein.

"User": Refers to any individual or entity who accesses, uses, or engages with the Website, including without limitation, customers, participants in sweepstakes, and any other persons who browse or interact with the Website.

"Content": Includes, but is not limited to, all text, images, graphics, logos, button icons, software, code, audio clips, digital downloads, data compilations, and any other forms of information or material that are made available on the Website by SX3 Club or any third party.

"Agreement": Refers collectively to this Terms of Service, the Privacy Policy, the Sweepstakes Rules, and any other policies, notices, or agreements referenced herein or on the Website.

ELIGIBILITY

Participation in the SX3 CLUB Sweepstakes is open exclusively to individuals who meet specific age and residency criteria. The minimum age requirement is generally set at 18 years, with state-specific exceptions for residents of Alabama (19 years), Nebraska (19 years), and Mississippi (21 years). The sweepstakes is limited to legal residents of the 48 contiguous United States and the District of Columbia, explicitly excluding territories where such promotions are restricted or prohibited by law. Entrants must comply with all relevant laws and regulations, as well as the rules set forth in the Official Rules. SX3 CLUB reserves the right to disqualify any participant found in violation of these conditions. For full eligibility requirements, including detailed criteria and exceptions, please refer to the Official Rules.

SWEEPSTAKES PARTICIPATION

SX3 CLUB Sweepstakes participation is available to all eligible entrants, with a clear emphasis that no purchase is necessary to enter. Participants have the option to enter through a qualifying purchase on the SX3 CLUB website or via the Alternate Method of Entry (AMOE), which is accessible through the downloadable form on our website. The selection of winners is conducted through a random drawing, with results announced on SX3 CLUB’s official TikTok and Instagram accounts (@SX3CLUB). All prizes are awarded in their current condition ('as is'), with the winner bearing responsibility for any associated taxes or fees. SX3 CLUB retains the right to modify, suspend, or terminate the sweepstakes at its sole discretion and reserves the authority to disqualify any entrant violating the Official Rules. For a comprehensive understanding of the entry process, prize details, and other conditions, please refer to the Official Rules.

RETAIL PRODUCT SALES

Product Descriptions: The Company ensure that all product descriptions, images, pricing, and other details presented on the website are accurate and up-to-date. However, the Company does not guarantee that product descriptions or other content are error-free, complete, or current. The Company reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice, including after you have submitted your order.

Payment Terms: All payments for products purchased through the website are processed securely via Stripe, our chosen payment gateway. By providing your payment information, you authorize the Company to charge the applicable payment method for the total amount of your purchase, including any applicable taxes and shipping fees. The customer agrees to pay all costs associated with the purchase, including but not limited to any shipping costs, duties, and taxes as applicable.

Pricing and Taxes: All prices are listed in U.S. dollars and are exclusive of applicable sales tax. The customer is responsible for any applicable sales tax or other charges imposed by their local jurisdiction. The final purchase price, including taxes and shipping costs, will be displayed at checkout before completing your purchase.

SHIPPING AND DELIVERY

Shipping and Delivery: The customer is responsible for all shipping costs associated with their order. Shipping options and costs will be displayed at checkout, and the estimated delivery time will be provided based on the selected shipping method. The Company is not responsible for any delays caused by the shipping carrier or customs clearance processes. Once the items are shipped, the risk of loss and title for the products pass to the customer. The Company will provide tracking information once the package is dispatched.

Domestic Shipping: Orders are typically processed and shipped within 2-5 business days after payment is confirmed. Once shipped, the estimated delivery time within the United States is 2-7 business days. Please note that delivery times may vary depending on the carrier and destination. The risk of loss or damage to the items passes to the customer upon the carrier’s acceptance of the package.

International Shipping: We offer international shipping to select countries. Customers are responsible for all shipping costs, as well as any applicable customs duties, taxes, and import fees. International delivery times vary depending on the destination country and customs processing. The customer assumes all risks associated with shipping, including potential delays due to customs clearance.

Tracking and Notifications: Upon shipment, customers will receive a tracking number via email to monitor the progress of their delivery. It is the customer’s responsibility to track the shipment and ensure the successful delivery of the package. The Company is not responsible for delays caused by the carrier or any issues that arise after the package has been handed over to the carrier.

Risk of Loss: Once the Company hands over the package to the shipping carrier, all risk of loss, theft, or damage passes to the customer. The Company is not responsible for any delays, loss, or damage that occurs during transit. Customers are encouraged to contact the carrier directly in case of any issues.

Delivery Issues: If an item is damaged during shipping or incorrectly shipped by the Company, the customer must contact Customer Support immediately. The Company will work with the customer to resolve the issue, which may include a replacement or exchange of the damaged or incorrect item.

USER CONDUCT

Prohibited Activities: By accessing or using this website, you agree to abide by all applicable local, state, national, and international laws and regulations. You further agree not to engage in any of the following prohibited activities:

Fraud and Deception: You must not engage in any fraudulent or deceptive practices, including, but not limited to, submitting false or misleading information during the registration or sweepstakes entry process, or impersonating any person or entity.

Tampering with Services: You are prohibited from tampering with the operation of the website or engaging in any activity that disrupts or interferes with the normal functioning of the website or related services. This includes, but is not limited to, hacking, uploading viruses, spyware, or any other malicious code.

Unauthorized Access: You must not attempt to gain unauthorized access to any portion of the website, including but not limited to user accounts, servers, or networks connected to the website, by any means including hacking, password mining, or any other illegal methods.

Automated Entry and Bots: The use of any automated systems, bots, scripts, or other means to interact with the website, submit entries to sweepstakes, or engage with any part of the website’s services is strictly prohibited. All entries or interactions must be made manually by the individual user.

Spamming: You are prohibited from engaging in any activity that involves the sending of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.

Harassment and Abuse: Users must not engage in any behavior that is abusive, threatening, harassing, defamatory, libelous, or otherwise harmful to other users, the company, or third parties associated with the website. This includes communication in any form, such as through comments, emails, or customer service interactions.

Intellectual Property Infringement: You are prohibited from using the website to infringe upon the intellectual property rights of the company or any third party. This includes unauthorized use, reproduction, distribution, or display of any content, trademarks, or copyrighted materials found on the website.

User-Generated Content If the website permits users to submit content (e.g., reviews, comments, or other forms of user-generated content), you agree to ensure that any content you submit:

  • Does not infringe on the intellectual property rights, privacy, or other legal rights of any third party.
  • Is not obscene, offensive, defamatory, or otherwise inappropriate.
  • Is free from malware, viruses, or any harmful software.

The company reserves the right, but is not obligated, to review, monitor, and remove any user-generated content that it deems, in its sole discretion, to be in violation of these Terms of Service or applicable laws

Consequences of Violation: Any violation of these Terms of Service, particularly this User Conduct clause, may result in immediate suspension or termination of your user account, disqualification from sweepstakes, and potential legal action. The company reserves the right to report any suspected illegal activity to law enforcement authorities and will cooperate fully with any investigations

Indemnification: You agree to indemnify, defend, and hold harmless the company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your violation of this User Conduct clause, any applicable law, or the rights of any third party.

Reporting Violations: If you become aware of any conduct that violates these Terms of Service, particularly this User Conduct clause, you agree to report such conduct to the company immediately at SX3CLUB@OUTLOOK.COM

INTELLECTUAL PROPERTY CLAUSE

Ownership of Content: All content on the SX3 Club website, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of SX3 Club LLC, its affiliates, or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks: All trademarks, service marks, trade names, and trade dress appearing on the SX3 Club website, including but not limited to the SX3 Club name, logo, and design, are the property of SX3 Club LLC. These trademarks may not be used in connection with any product or service that is not SX3 Club’s, in any manner that is likely to cause confusion among customers, or in any way that disparages or discredits SX3 Club. Any unauthorized use of these trademarks is strictly prohibited.

Copyrights: All content included on this site, such as text, graphics, logos, images, audio clips, video clips, digital downloads, and data compilations, is the exclusive property of SX3 Club LLC or its content suppliers and is protected by U.S. and international copyright laws. The compilation of all content on this site is the exclusive property of SX3 Club LLC and protected by U.S. and international copyright laws. All software used on this site is the property of SX3 Club LLC or its software suppliers and is protected by U.S. and international copyright laws.

License and Site Access: SX3 Club grants you a limited, non-exclusive, non-transferable, and revocable license to access and make personal, non-commercial use of the SX3 Club website. This license does not include any resale or commercial use of the SX3 Club website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

Restrictions on Use: You are expressly prohibited from:

  • Modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any content, products, or services obtained from this website.
  • Using any meta tags or any other "hidden text" utilizing SX3 Club’s name or trademarks without the express written consent of SX3 Club LLC.
  • Engaging in any unauthorized framing of or linking to the website.

User-Generated Content: If you submit or post any content to the SX3 Club website, including but not limited to reviews, comments, suggestions, ideas, or other information, you grant SX3 Club LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant SX3 Club LLC the right to use the name that you submit in connection with such content, if it so chooses. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify SX3 Club LLC for all claims resulting from content you supply.

Termination of Use: SX3 Club LLC reserves the right to terminate your access to the website at its sole discretion, including for violations of these Intellectual Property provisions or any other terms set forth in this document.

Reservation of Rights: All rights not expressly granted to you in these Terms of Service are reserved and retained by SX3 Club LLC or its licensors, suppliers, publishers, rights holders, or other content providers. No aspect of this document or the site should be interpreted as granting any license or right to use any intellectual property displayed on the site without the express written consent of SX3 Club LLC.

LIMITATION OF LIABILITY

General Disclaimer: To the maximum extent permitted by applicable law, SX3 CLUB, its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the "Released Parties") shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to, loss of profits, revenue, data, goodwill, or any other intangible losses, arising out of or in connection with:

  • Your use or inability to use the SX3 CLUB website or its services, including participation in any sweepstakes, contests, or promotions.
  • Any errors, mistakes, or inaccuracies in the content or services provided through the SX3 CLUB website.
  • Any unauthorized access to or use of our servers, databases, or any personal information stored therein.
  • Any interruption, suspension, or discontinuance of the website or sweepstakes services, including for technical reasons, regardless of whether we are aware of the possibility of such damages.

Product and Service Liability: SX3 CLUB provides its products and services, including sweepstakes entries, "as is" and "as available," without any warranties or guarantees of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

SX3 CLUB does not warrant that:

  • The website or services will be available uninterrupted or error-free.
  • Any defects or errors will be corrected in a timely manner.
  • The website or services are free of viruses or harmful components.

Sweepstakes Participation: In connection with participation in any sweepstakes offered by SX3 CLUB, the Released Parties are not responsible for any:

  • Technical failures of any kind, including but not limited to malfunctioning of any network, hardware, software, or databases.
  • Lost, incomplete, delayed, or misdirected entries, transmissions, or communications.
  • Failures caused by any human error, unauthorized access, or interference with the sweepstakes process.

No Liability for Third-Party Services: SX3 CLUB may provide links to third-party websites, services, or products. We are not responsible for the content, privacy policies, or practices of these third-party sites, nor do we assume any liability arising from your use of these services. Access to third-party services through SX3 CLUB is at your own risk, and you should review the terms and conditions of such third-party services before using them.

Maximum Liability: Notwithstanding anything to the contrary contained herein, in no event shall SX3 CLUB’s aggregate liability for any and all claims related to the use of the website, sweepstakes participation, or any products and services exceed the greater of:

The total amount paid by you, if any, for the use of the website or for participation in the sweepstakes in the three months immediately preceding the event giving rise to the liability.

GOVERNING LAW
These Terms of Service, along with any disputes or claims arising out of or in connection with the use of the SX3 CLUB website or its services, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. This means that any legal action related to these terms or the website must be brought in the state or federal courts located in New Jersey. By using the SX3 CLUB website, you agree to submit to the exclusive jurisdiction of the courts located in New Jersey for the resolution of any disputes or claims.

MODIFICATIONS TO TERMS

Right to Modify: SX3 CLUB reserves the right, at its sole discretion, to modify, amend, or update these Terms of Service at any time and for any reason. Such modifications may be made to reflect changes in legal requirements, industry practices, or the features and functionality of our services, among other reasons. All modifications will be effective immediately upon posting to the SX3 CLUB website, unless otherwise stated.

Notice of Modifications: It is the responsibility of the user to review these Terms of Service periodically for any changes. SX3 CLUB will make reasonable efforts to notify users of significant changes to the Terms, such as by posting a notice on our website or sending an email notification. However, continued use of the SX3 CLUB website or services after the effective date of the modifications constitutes your acceptance of the new Terms.

Binding Nature of Modifications: By continuing to access or use the SX3 CLUB website following the posting of any modifications to these Terms of Service, you agree to be bound by the updated Terms. If you do not agree to any changes, you must discontinue use of the website and services immediately.

Governing Law: These Terms of Service, as modified from time to time, are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles. Any disputes arising under or in connection with these Terms shall be resolved in accordance with the dispute resolution provisions set forth herein.