Last Updated: August 15th, 2019

Welcome to the Xena Workwear website, operated by Xena Workwear Inc. (“Xena”) and located at www.xenaworkwear.com (the "Site" or “Service”). In the Terms of Use, Xena Workwear Inc. will be referred to as “Xena,” “we,” “us,” or “our.” We provide this site as a service to our customers and this document provides a comprehensive way to understand what using our website means to you. The following terms and conditions (“Terms”) govern your use of the Site.

By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein. You further certify that you have all the necessary rights, power, and authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the Site or any content, material, products or services made available on or through the Site (collectively, the "Services") signifies that you fully accept and agree to these Terms of Use. If you have any questions about the Terms, please send us an email at info@xenaworkwear.com.

  1. Eligibility

    You may only use this Site if you are at least 13 years of age. If you are under the age of 13 and wish to use our Services, please ensure that your legal guardian is aware and agrees that you can use our Services.

    You are responsible for ensuring that your use of the Site complies with all laws, rules, and regulations applicable to you. Any breach of these Terms shall result in the immediate revocation of the license granted without notice to you.

  2. Privacy Policy

    Our Privacy Policy also governs your visits and forms part of these Terms. You can read it here.

  3. Our Rights and Responsibilities

    In general, the Site is available twenty-four hours a day, seven days a week. However, the Site may not be continuously available due to maintenance, upgrades and emergency repairs to our software and/or infrastructure hardware. We reserve the right to refuse service to you for any reason at any time. We may need to change or discontinue certain aspects of the Site at any given time. We may do so with or without notice to you.

  4. Registration

    In order to access certain content, material, products or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept a secret, safe, and secure at all times. Xena will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

    When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Xena or its third-party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site. Any personal information that you provide to us via the Site is subject to our Privacy Policy.

  5. Termination

    You agree and acknowledge that Xena, in its sole and absolute discretion, can terminate your account without prior notice if we deem any misuse of our services. In the event we terminate your account, you will still be bound by your obligation under these terms of service, including the warranties made by you, and by the disclaimers and limitations of liability. Xena shall not be liable to you or any third-party for any termination of your access.

  6. Content

    As between you and Xena, Xena owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and Xena, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Xena or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.

    Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Xena on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Xena, you grant Xena a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For the avoidance of doubt, Xena shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.

    When you submit Content to us, there are guidelines associated. You may submit your review, feedback, comments, photographs and other content (collectively known as “User Content”) to Xena. User Content must NOT:

    • Contain any material which is defamatory of any person, libelous, obscene, pornographic, offensive, hateful, scandalous, hateful, threatening, or inflammatory;

    • Promote sexually explicit material;

    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

    • Advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person;

    • Contain any unsolicited or unauthorized marketing such as spam;

    • Contain any viruses, codes, programs or files that are designed or intended to disrupt, damage, limit or interfere with our Services, Software and equipment; or to obtain unauthorized access to any data, system, information of ours or third party;

    • Include individual’s identification documents or sensitive financial information;

    • Impersonate any individual or entity;

    • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

    • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety or be likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;

    • Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

    • Give the impression that it emanates from us if this is not the case; and/or

    • Contain anything that, in the sole determination of Xena, is objectionable or inhibits any other person from using or enjoying the Site, or which may expose Xena or its users to any harm or liability of any kind.

    Failure to comply with these User Content guidelines, as determined in Xena’s sole discretion, constitutes a breach of these Terms. If you breach these guidelines, we may take such action as we deem appropriate, including but not limited to: (i) terminating your right to use the Site; (ii) removal of any Contributions; (iii) taking legal action against you, in which case you agree that we may recover reasonable costs and attorneys’ fees; and/or (iv) disclosure of information to law enforcement authorities

  7. Purchases

    Some products or services made available through the Site may be available for purchase. By purchasing products or services made available through the Site, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. Xena may use a third-party payment processor to process credit card transactions made through the Site. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase of any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on Xena’s net income). To the extent that Xena is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our shipping and return policies, which shall be made available to you on the Site or other delivered to you with your purchased goods. All refunds are in Xena’s sole discretion.

  8. Products / Pricing

    Xena moves through collections regularly. The availability of products and other items on the Site may change at any time without prior notice. We reserve the right to update any information we see fit at any time. Because our products are kept up to date, we always have a limited supply. Xena is not liable in case of stock outage or unavailability of products. Xena reserves the right to change the assortment of items offered and to limit the number of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion.

    We are constantly revising and updating our products and we may discontinue a product on the Site at no notice. All pricing on the Site may change without notice. Xena reserves the right to make adjustments due to changes in market conditions, manufacturer price changes, errors in advertisements and other extenuating circumstances. Xena reserves the right to update and change products and pricing without prior notice. We do not offer price adjustments on any purchases placed prior to a change in price.

    Xena may offer products that are not available in all countries. Any such products or references to products do not imply that such products will be made available to all countries.

  9. General Restrictions on Use

    You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.

    You will not (and will not attempt to):

    • Access any of the Services by any means other than through the interface that is provided by Xena;

    • Gain unauthorized access to Xena’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Xena’s networks, and computer systems;

    • Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);

    • Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

    • Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and

    • Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Xena in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

  10. Errors, Inaccuracies, and Omissions

    Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.

  11. Shipping

    Your shipping address cannot be changed after placing your order. Xena packages do not require a signature upon delivery. If you would like to require a signature at the time of delivery, please contact us at info@xenaworkwear.com; there will be an additional charge.

    The risk of loss for purchases made on this site passes onto you when we deliver it to the shipment carrier (i.e. FedEx, UPS, USPS, etc.)

  12. Disclaimers and Warranties

    We have made every effort to display as accurately as possible the colors of our products that appear on the Site so you are clear on what to expect when you place your order. However, the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the product upon delivery.

    Xena expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Services, Site Content, goods, advice, information or links provided on the Site will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected; (iv) regarding the Site Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Site, Site Content, goods, services, advice, or information displayed on the Site will meet your requirements; and (vi) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.

    You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Xena assumes no responsibility for (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Site.

    No conditions, warranties or other terms (including any implied terms as to the satisfactory quality, fitness for purpose or conformance with description) apply to the Site, Site Content and/or Services except to the extent that they are expressly set out in these Terms.

  13. Returns and Exchanges

    If you are not completely satisfied with your Xena purchase, you have 30 days to request a return or exchange. Products must be unworn, unaltered or undamaged in any way for it to be accepted as a return or exchange. To complete your return or exchange, please contact us at info@xenaworkwear.com.

  14. Contests and Promotions

    On Occasion, Xena will run contests and promotions where we will issue promotional codes, site credits and/or gift credits, which will provide a credit towards your purchase on the Site when redeemed at checkout. Codes are non-transferable and are to be used by the intended recipient. Xena reserves the right to cancel a promotion and/or to reject redemption of a promotional code. Promotions are limited to one per transaction. Minimum spends may be required and will be communicated on any correspondence. Where the promotion is communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. Xena will not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.

    Promotional codes do not cover the costs of any shipping, duties and/or regional taxes where applicable. These are to be paid by you. There may be specific guidelines associated with the promotional code, which will be clearly laid out to you. The guidelines are in addition to what is laid out in these Terms. All promotions will have an expiry date, which will be indicated to you. Once a promotion is expired or used, no refund will be issued for future credit.

  15. Limitation of Liability

    IN NO EVENT WILL XENA BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL XENA’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF XENA AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).

    Without limiting the foregoing, you understand and acknowledge that Xena shall not be liable to you for:

    • Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or

    • Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Site or the Services; (ii) any changes that Xena may make to the Site or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site or the Services; (iv) the use of any products or services obtained on or through the Site; or (v) any other matter relating to the Site, the Services, the Site Content, or the Comments.

    The limitations on Xena’s liability to you in this Section 15 shall apply whether or not Xena has been advised of or should have been aware of the possibility of any such losses arising.

    IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.

  16. Indemnity

    You agree to defend, indemnify and hold harmless Xena, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing this Site using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Site and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 16 without the prior written consent of Xena.

  17. Dispute Resolution

    Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. The arbitration shall take place in Milwaukee, Wisconsin unless Xena elects otherwise.

    The arbitrator will decide the substance of all claims in accordance with the laws of the State of Wisconsin. The arbitrator shall not be bound by rulings in prior arbitrations involving different Xena users but is bound by rulings in prior arbitrations involving the same Xena user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Xena will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Xena should be submitted by mail to the AAA along with your demand for arbitration and Xena will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Xena will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Xena for all fees associated with the arbitration paid by Xena on your behalf that you otherwise would be obligated to pay under the AAA's rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

    You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Xena account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the agreement to arbitrate. If you opt-out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

  18. Links to Other Websites

    The Site may contain links or references to other websites (“Third Party Services”) outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that Xena has no control over these websites and that these Terms of Use do not apply to any third party sites. Xena cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Xena encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

    Xena does not endorse or make any representations about Third-Party Services, or any information, or other products or materials found there, or any results that may be obtained from them. If you decide to access any of the Third-Party Services linked to this Site, you do so entirely at your own risk.

  19. Complaint Procedures

    If you believe that any content or postings on this Site violate your intellectual property or other rights, please notify Xena by email at info@xenaworkwear.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

  20. Miscellaneous

    The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

    These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Xena and govern your use of the Site, Services and any transactions you may have with Xena through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Xena in relation to such matters. In the event, any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms of Use shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Xena may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, Xena will make a new copy of the Terms of Use available on the Site. You agree that Xena is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes.

    You agree that if Xena does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Xena has the benefit of under any applicable law), this will not be taken to be a formal waiver of Xena’s rights and that those rights or remedies will still be available to Xena. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

    The Site is controlled and operated from within the United States. Without limiting anything else, Xena makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.