WHAT ARE OUR TERMS AND CONDITIONS?

Effective Date: August 16, 2021

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Welcome to GxdHood Enterprise. These Terms and Conditions (“Terms”) govern your access to and use of www.gxdhood.com (the “Website”), including its shopping, e-commerce, community, informational, and other services (collectively, the “Services”). The Website is owned and operated by GxdHood Enterprise.

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By accessing, browsing, creating an account, placing an order, or otherwise using the Website or Services, you acknowledge that you have had an opportunity to review these Terms and agree to be bound by them. If you do not agree to these Terms, please discontinue use of the Website and Services immediately.

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GxdHood Enterprise reserves the right to modify, amend, or update these Terms at any time. Changes may become effective when posted to the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. Additional terms may apply to particular products or Services, including our shipping, return, refund, and privacy policies.

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TERMS APPLICABLE TO YOU

 

Updates

We may update these Terms from time to time. The “date of last revision” above indicates when these Terms were last updated. If we make updates, we may also send you a notification. Unless we indicate otherwise, updated Terms will be effective immediately upon posting and your continued use of the Services, purchase of additional Products, or participation in Experiences will confirm your acceptance of the updates.

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Supplemental Terms

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services, Products, or Experiences (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, Products or Experiences, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict. 

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Terms of Sale

By purchasing a Product from us, you also agree to the Terms of Sale that apply in your country or region. The Terms of Sale are Supplemental Terms. For information about how to return Products, see the Return Policy that applies in your country or region.

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IMPORTANT NOTICE: THESE TERMS CONTAIN AN AGREEMENT TO RESOLVE CERTAIN DISPUTES THROUGH INDIVIDUAL, NON-CLASS ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS BELOW CAREFULLY.

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1. COPYRIGHT AND INTELLECTUAL PROPERTY

Unless otherwise expressly stated, the Website and its Content—including text, graphics, photographs, images, videos, audio, illustrations, logos, designs, layouts, and other materials—are owned by or licensed to GxdHood Enterprise and are protected by applicable intellectual-property laws.

You may access, view, print, or download materials from the Website solely for your personal, informational, and noncommercial use, unless GxdHood Enterprise expressly authorizes otherwise.

You may not, without prior written authorization:

• Modify or alter Website Content;

• Copy, reproduce, distribute, transmit, or publicly display Website Content;

• Publish, sell, license, or commercially exploit Website Content;

• Create derivative works from Website Content;

• Remove copyright, trademark, or other proprietary notices; or

• Use Website Content on another website, application, network, or computer environment in violation of applicable law.

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You are responsible for obtaining any permissions required to reuse copyrighted material appearing on the Website.

GxdHood Enterprise may display music, photographs, artwork, videos, or other materials belonging to third parties, including artists, creators, photographers, licensors, vendors, and other rights holders. GxdHood Enterprise does not claim ownership of third-party music or third-party photographs merely because such materials appear on the Website. Third-party materials remain subject to the rights of their respective owners and licensors. You agree not to remove or obscure any copyright, trademark, service-mark, or other proprietary notice displayed on the Website.

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2. PRODUCTS, CONTENT, AND SPECIFICATIONS

Product descriptions, photographs, specifications, measurements, availability, features, pricing, and other information displayed on the Website may change at any time without notice. GxdHood Enterprise makes reasonable efforts to accurately describe and display its products. However, colors and visual characteristics may appear differently depending upon your device, monitor, browser, or other technology. The appearance of a product or Service on the Website does not guarantee that the product or Service will remain available. You are responsible for complying with all applicable federal, state, local, and international laws concerning your purchase, possession, use, and resale of products purchased through the Website. By placing an order, you represent that the products will be used lawfully.

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PHYSICAL ACTIVITY DISCLAIMER

The Website may contain photographs, videos, or other Content depicting individuals participating in sports, exercise, fitness, or other physical activities. Such Content is provided for informational and illustrative purposes only. GxdHood Enterprise does not know your individual physical condition, medical history, fitness level, or other circumstances. Before beginning an exercise or physical-activity program, you should consult an appropriately qualified healthcare professional. If you experience pain, weakness, dizziness, unusual shortness of breath, exhaustion, or other concerning symptoms during physical activity, stop immediately and seek appropriate assistance. Participation in physical activity involves inherent risks, and you assume responsibility for risks associated with your participation.

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3. SHIPPING AND DELIVERY

Orders will be shipped to the address provided by the purchaser, subject to applicable shipping restrictions.

Unless otherwise required by applicable law or expressly stated by GxdHood Enterprise, purchases are made pursuant to a shipment contract, and applicable risk of loss and title provisions may transfer upon delivery of the merchandise to the carrier. Additional shipping information, including available shipping methods, delivery estimates, tracking information, and applicable limitations, may be provided in our Shipping Policy.

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4. ACCURACY OF INFORMATION AND ORDER ACCEPTANCE

GxdHood Enterprise attempts to maintain accurate, complete, and current information on the Website. Nevertheless, information may occasionally contain errors, omissions, inaccuracies, or outdated information.

Product availability, descriptions, specifications, and prices may change without notice.

An email confirming receipt of an order does not necessarily constitute acceptance of that order or confirmation of an offer to sell.

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GxdHood Enterprise reserves the right to:

• Limit quantities;

• Correct pricing or product-information errors;

• Refuse or cancel an order;

• Require additional information or verification;

• Restrict purchases; or

• Decline service to a customer when permitted by applicable law.

 

5. THIRD-PARTY LINKS

The Website may contain links to third-party websites, applications, platforms, or services that are not owned, operated, or controlled by GxdHood Enterprise. These links are provided for convenience only. GxdHood Enterprise does not control and is not responsible for the content, policies, products, services, security, or practices of third-party websites. Your decision to access a third-party website is made at your own risk.

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6. PROHIBITED AND UNAUTHORIZED USE

You may not use the Website or Services to:

• Post or transmit unlawful, threatening, defamatory, libelous, obscene, or otherwise unlawful material;

• Encourage criminal conduct or violations of law;

• Violate the rights of another person or entity;

• Send unsolicited commercial communications or spam;

• Attempt to interfere with the Website or its systems;

• Circumvent security or access controls; or

• Engage in activity that could expose GxdHood Enterprise, its users, or third parties to legal or financial liability.

 

GxdHood Enterprise reserves the right to remove prohibited material, restrict access, suspend accounts, and cooperate with appropriate law-enforcement authorities or valid legal processes when required or permitted by law.

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7. ACCOUNT SECURITY

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials. You are responsible for activity occurring under your account and agree to notify GxdHood Enterprise promptly if you believe your account has been accessed or used without authorization. You are responsible for maintaining appropriate security measures for your account and devices.

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8. USER-GENERATED CONTENT

Users may have opportunities to submit comments, reviews, photographs, artwork, videos, links, questions, suggestions, or other materials (“User-Generated Content”). User-Generated Content represents the views and responsibility of the person who submits it and does not necessarily represent the views of GxdHood Enterprise. GxdHood Enterprise does not guarantee the accuracy, reliability, legality, or appropriateness of User-Generated Content. You acknowledge that User-Generated Content may contain information that is inaccurate, offensive, objectionable, harmful, or deceptive. You assume the risks associated with interacting with or relying upon User-Generated Content.

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9. LICENSE TO USER-GENERATED CONTENT

You retain ownership of intellectual-property rights that you possess in your User-Generated Content.

By submitting User-Generated Content to the Website, however, you grant GxdHood Enterprise a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicenseable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from that Content in connection with the Website, Services, business, marketing, and related activities, in any media now known or later developed.

You represent that you have the necessary rights and permissions to submit the Content and grant this license.

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10. CHARGES, FEES, AND PAYMENT

For purchases made through the Website, GxdHood Enterprise may charge the credit card, debit card, or other payment method selected by the customer. Any applicable fees or surcharges will be disclosed as part of the applicable order process when reasonably practicable. You are responsible for all charges associated with your purchases, as well as any Internet-access, telecommunications, or similar services required to access the Website.

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11. ACCESS, SCRAPING, AND INTERFERENCE

Without GxdHood Enterprise's prior written permission, you may not use robots, spiders, crawlers, scrapers, bots, or other automated methods to access or collect information from the Website.

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You further agree not to:

1. Impose or attempt to impose an unreasonable or disproportionate load on the Website or its infrastructure;

2. Interfere with the operation of the Website or Services; or

3. Circumvent measures designed to restrict or control access to the Website.

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12. FORCE MAJEURE

GxdHood Enterprise will not be responsible for delays, interruptions, or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, fire, flood, lightning, power failures, war, civil unrest, governmental action, labor disputes, transportation disruptions, supply shortages, energy shortages, or failures of third-party carriers or service providers.

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13. PRIVACY

Your use of the Website and Services is also governed by the GxdHood Enterprise Privacy Policy, which is incorporated into these Terms by reference.Please review the Privacy Policy to understand how information is handled in connection with the Website and Services. GxdHood Enterprise does not sell or market your personal information except as otherwise expressly disclosed in an applicable privacy notice or permitted by law.

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14. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the Website, Content, products, and Services are provided “AS IS” and “AS AVAILABLE.”

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GxdHood Enterprise does not guarantee that:

• The Website will always be available;

• The Website will operate without interruption;

• Errors will always be corrected;

• Content will always be accurate or current; or

• The Website or its servers will always be free of viruses or other harmful components.

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To the maximum extent permitted by applicable law, GxdHood Enterprise disclaims express and implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms is intended to exclude any warranty or right that cannot lawfully be excluded.

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15. LIMITATION OF LIABILITY

Your use of the Website is at your own risk. To the maximum extent permitted by applicable law, GxdHood Enterprise and its officers, directors, employees, agents, affiliates, successors, assigns, and other parties involved in providing the Website will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of, or inability to use, the Website, Content, products, Services, or third-party websites. Nothing in these Terms limits liability that cannot legally be limited or excluded. To the maximum extent permitted by applicable law, GxdHood Enterprise's aggregate liability arising from or relating to the Website, Services, or a particular purchase shall not exceed the greater of $50 or the amount you paid for the applicable purchase, except where prohibited by applicable law.

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16. LEGAL RIGHTS OF NEW JERSEY RESIDENTS

Nothing in these Terms is intended to waive or limit any rights or remedies that cannot lawfully be waived or limited under New Jersey law.To the extent applicable, New Jersey consumers retain rights and remedies provided by applicable consumer-protection, product-liability, commercial, and other laws.

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17. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless GxdHood Enterprise and its affiliated companies, officers, directors, employees, agents, contractors, successors, and assigns from claims, liabilities, damages, costs, and reasonable attorneys' fees arising out of:

• Your violation of these Terms;

• Your misuse of the Website or Services;

• Your violation of applicable law;

• Your User-Generated Content; or

• Your violation of the rights of another person or entity.

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18. RELEASE

If you have a dispute with another user of the Website, you agree, to the extent permitted by applicable law, to release GxdHood Enterprise and its officers, directors, employees, agents, subsidiaries, affiliates, and joint ventures from claims and damages arising from or relating to that dispute. GxdHood Enterprise does not sell or market your personal information except as otherwise disclosed in its applicable privacy notices or permitted by law.

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19. TERMINATION

GxdHood Enterprise may suspend or terminate your account or access to the Website or Services at any time, with or without notice, where permitted by law. You remain responsible for orders, charges, and obligations incurred before termination. GxdHood Enterprise may restrict or terminate access if you violate these Terms, provide information that cannot be verified, or engage in conduct that may create financial, security, legal, or other risks.

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20. WEBSITE DISPUTES

“Website Disputes” include claims arising from or relating to your use of the Website, claims GxdHood Enterprise may have against you relating to the Website, and disputes concerning the interpretation or enforcement of these Terms. Claims arising primarily from the purchase of products or Services or from the content of a particular offer or advertisement may constitute separate disputes (“Non-Website Disputes”).

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21. DISPUTE RESOLUTION, ARBITRATION, AND CLASS-ACTION WAIVER

***PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.***

To the extent permitted by applicable law, Website Disputes shall be resolved through individual arbitration rather than through a court proceeding or class action. By continuing to use the Website after having an opportunity to review these Terms, you agree to the arbitration provisions contained herein. The parties intend the arbitration agreement to be enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1–16. The parties waive the right to a jury trial for disputes subject to the arbitration agreement. The current Terms provide for arbitration in Oregon, before a single arbitrator, with the arbitration administered pursuant to California law, subject to applicable law and any rights that cannot legally be waived. Courts of appropriate jurisdiction may be available for provisional remedies in aid of arbitration. You and GxdHood Enterprise agree not to bring or participate in a class action or class arbitration concerning a Website Dispute, to the extent such waiver is enforceable under applicable law.

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22. GOVERNING LAW AND GENERAL PROVISIONS

Except where applicable law requires otherwise, these Terms and your use of the Website shall be governed by the laws of the State of California, without regard to conflict-of-law principles. If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in effect. GxdHood Enterprise's failure to enforce a provision of these Terms does not constitute a waiver of its right to enforce that provision later. GxdHood Enterprise may assign these Terms as permitted by law. Certain provisions—including those concerning User-Generated Content, access restrictions, limitation of liability, indemnification, and release—shall survive termination of these Terms.

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23. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE

GxdHood Enterprise may provide access to third-party materials, links, photographs, music, videos, or other Content that it does not own or control. If you believe that material available through the Website infringes your copyright, you may submit a copyright-infringement notice to GxdHood Enterprise.

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A valid notice should identify:

1. The copyrighted work allegedly infringed;

2. The allegedly infringing material and sufficient information to locate it;

3. A statement that you have a good-faith belief that the disputed use is unauthorized;

4. A statement, under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on the owner's behalf;

5. Your mailing address, telephone number, and email address; and

6. Your physical or electronic signature.

Copyright notices may be directed to the appropriate designated agent identified in GxdHood Enterprise's Contact information.

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24. ENTIRE AGREEMENT

These Terms, together with any policies or additional terms expressly incorporated into them, constitute the entire agreement between you and GxdHood Enterprise concerning your use of the Website and Services and supersede prior understandings concerning the same subject matter.

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If you have questions regarding these Terms, you may contact GxdHood Enterprise Customer Service:

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GxdHood Enterprise
Email: gxdhoodent@gmail.com
Telephone: (279) 283-8232

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25. COPYRIGHT AND TRADEMARK NOTICE

Unless otherwise indicated, Website design, graphics, text selections, arrangements, software, logos, and other original materials are protected by applicable copyright and intellectual-property laws.

GxdHood Enterprise's name, logos, trademarks, service marks, trade names, and other branding elements may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, distributed, or otherwise used without prior written permission, except as expressly permitted by applicable law. You may not use GxdHood Enterprise trademarks as links to other websites or in advertising, publicity, or other commercial materials without prior written authorization. Unauthorized use of GxdHood Enterprise intellectual property is prohibited.

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ACCEPTANCE OF THESE TERMS

By accessing or using www.gxdhood.com, creating an account, purchasing merchandise, submitting User-Generated Content, or otherwise using the Website or Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions and any policies incorporated into them.​​