TERMS OF SERVICE

OVERVIEW

Operated by TM Solutions LLC, trading as Xneonled, this website offers various information, tools, and services. Throughout the site, references such as "we," "us," and "our" pertain to Xneonled. Your access and utilization of this website are contingent upon your acceptance of all terms, conditions, policies, and notices stated herein.

Your visit or purchase on our site constitutes agreement to be bound by these Terms of Service ("Terms"), encompassing additional terms, conditions, and policies referred to herein. These Terms are applicable to all users of the site, including browsers, vendors, customers, merchants, and content contributors.

Prior to using our website, kindly review these Terms of Service with care. By accessing or using any portion of the site, you signify your consent to adhere to these Terms. Failure to comply with all the terms and conditions implies that you may not access the website or use any of its services. Acceptance is explicitly limited to these Terms of Service, assuming an offer.

Any new features or tools integrated into the current store are equally subject to these Terms of Service. You can access the most recent version of these terms on this page. We retain the right to revise or modify any segment of these Terms of Service by posting updates or changes on the website. It is your responsibility to periodically review this page for alterations. Your continued use or access to the website after any posted changes constitutes acceptance of those modifications.

Our store operates via Shopify Inc., furnishing us with the online e-commerce platform to market our products and services.

SECTION 1: ONLINE STORE TERMS

By consenting to these Terms of Service, you affirm that you have attained the age of majority in your state or province of residence or have provided consent for any minor dependents to use this site. You agree not to utilize our products for any illegal or unauthorized purpose and undertake not to breach any laws in your jurisdiction (inclusive of copyright laws). You must abstain from transmitting any worms, viruses, or any form of destructive code. Breach of any of these terms will result in immediate termination of your Services.

SECTION 2: GENERAL CONDITIONS

We retain the right to decline service to anyone for any reason at any time. You acknowledge that your content, excluding credit card information, may be transmitted unencrypted and adjusted for technical purposes. You undertake not to replicate, duplicate, copy, sell, resell, or exploit any part of the Service without explicit written authorization from us. The headings used in this agreement are solely for convenience and do not impact these Terms.

SECTION 3: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We cannot be held responsible if the information available on this site is inaccurate, incomplete, or not up-to-date. The content on this site is provided for general information purposes only and should not be solely relied upon for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the content provided on this site is done at your own risk.

This site might contain historical information which, by its nature, may not be current and is provided for reference purposes only. While we reserve the right to modify the content of this site at any time, we are not obligated to update any information. You agree that it is your responsibility to monitor any changes to our site.

SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change without prior notice. We hold the right to modify or discontinue the Service, or any part of it, without notice at any time. We shall not be liable to you or any third-party for any modifications, price changes, suspension, or discontinuation of the Service.

SECTION 5: PRODUCTS OR SERVICES (if applicable)

Certain products or services may be exclusively available online through the website. These items may have limited quantities and are subject to return or exchange as outlined in our Return Policy. We strive to accurately display the colors and images of our products on the store, but we cannot guarantee that your computer monitor will accurately reflect such colors. We reserve the right, but are not obligated, to limit the sale of our products or services to specific individuals, geographic regions, or jurisdictions on a case-by-case basis. We may also limit the quantities of any products or services offered. Descriptions of products or pricing are subject to change without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order, including orders made under the same customer account, credit card, and/or utilizing the same billing and/or shipping address. If we make changes to or cancel an order, we may attempt to notify you using the contact details provided during the order placement. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. It's your responsibility to promptly update your account and other information, including email address, credit card numbers, and expiration dates, to facilitate transactions and contact you as necessary.

For more details, please refer to our Returns Policy.

SECTION 7: OPTIONAL TOOLS

We may grant you access to third-party tools over which we have no monitoring, control, or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and without any endorsement. We shall not be liable for any issues arising from or related to your use of optional third-party tools. Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s). Additionally, any new services or features offered through the website in the future will also be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

Certain content, products, and services accessible through our Service may involve materials from third parties.

Links to third-party websites on this site may redirect you to sites not affiliated with us. We do not bear responsibility for examining or evaluating the content or accuracy, and we provide no warranty or assume liability or responsibility for any third-party materials, websites, or for any materials, products, or services of third parties.

We are not liable for any damages or harm related to the purchase or use of goods, services, content, resources, or any transactions made in connection with third-party websites. Prior to engaging in any transaction, carefully review the policies and practices of the third party, ensuring you comprehend them fully. Any complaints, claims, concerns, or inquiries regarding third-party products should be directed to the third party.

SECTION 9: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

At our request or unsolicited, if you provide specific submissions (such as contest entries) or submit creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments you send to us. We are not obliged (1) to maintain comments in confidence; (2) to compensate for any comments; or (3) to respond to comments.

We reserve the right, but have no obligation, to monitor, edit, or remove content that we, at our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not infringe on any third party's rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor any computer virus or malware that could affect the operation of the Service or any related website. Using a false e‑mail address, pretending to be someone else, or misleading us or third parties about the origin of any comments is prohibited. You bear sole responsibility for the accuracy of your comments. We assume no liability for any comments posted by you or any third party.

SECTION 10: PERSONAL INFORMATION

Any personal information you submit through the store is regulated by our Privacy Policy. To review our Privacy Policy, please visit the designated section.

SECTION 11: ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there might be errors, inaccuracies, or omissions in information on our site or in the Service, including product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct such errors, inaccuracies, or omissions, and to modify or update information or cancel orders if there are inaccuracies in the Service or on any related website at any time without prior notice (even after you've placed your order).

We have no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specific update or refresh date applied in the Service or on any related website should imply that all information has been modified or updated.

SECTION 12: PROHIBITED USES

In addition to other prohibitions listed in the Terms of Service, you are prohibited from using the site or its content: (a) for unlawful purposes; (b) to solicit others for unlawful acts; (c) to violate any regulations, rules, laws, or ordinances; (d) to infringe upon our intellectual property rights or others' intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on various factors; (f) to submit false information; (g) to upload or transmit viruses or malicious code; (h) to collect others' personal information; (i) to engage in spamming, phishing, pretexting, scraping, or similar activities; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent security features. We reserve the right to terminate your use of the Service for any prohibited use.

SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We cannot ensure that the results derived from the use of the service will be accurate or reliable.

You acknowledge that we may, from time to time, remove the service for indefinite periods or cancel the service at any time without notifying you.

Your use of the service and any products or services provided to you through the service is at your own risk. The service, unless expressly stated by us, is provided 'as is' and 'as available' without any representation, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Neon Icons, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, revenue, savings, data loss, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured through the service, or any other claim related to your use of the service or any product, including, but not limited to, any errors or omissions in content, or any loss or damage incurred from the use of the service or any content (or product) posted, transmitted, or made available via the service, even if we have been advised of their possibility. As certain states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

SECTION 14: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Neon Icons, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15: SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service without affecting the validity and enforceability of any other remaining provisions.

SECTION 16: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service remain effective unless and until terminated by either you or us. You may terminate these Terms of Service by notifying us that you no longer wish to use our Services, or by ceasing to use our site. Additionally, we reserve the right to terminate this agreement at any time without notice if, in our sole judgment, you fail to comply with any term or provision of these Terms of Service. You will remain liable for all amounts due up to the date of termination.

SECTION 17: ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18: GOVERNING LAW

These Terms of Service and any separate agreements where we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19: CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20: CONTACT INFORMATION

Phone: +1(307) 219-0529

TERMS & CONDITIONS FOR MESSAGING SERVICES

By opting in, you agree to receive recurring automated promotional and personalized marketing messages (e.g., SMS and MMS) from TM Solutions LLC. These messages, including cart reminders, may be sent using an automatic telephone dialing system to the mobile number you provided during sign-up or any other number you designate. Consent to receive these automated marketing messages is not a prerequisite for making a purchase. Standard message and data rates may apply.

The frequency of messages may vary. TM Solutions LLC reserves the right to adjust the frequency of messages sent at any time, increasing or decreasing the total number of messages. We also reserve the right to modify the shortcode or phone number from which messages are sent, and we will inform you when such changes occur.

Please note that not all mobile devices or handsets may be supported, and our messages might not be deliverable in all areas. TM Solutions LLC, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

Your agreement to receive our messaging services also encompasses adherence to TM Solutions LLC's Terms of Use and Privacy Policy.

Our messaging services are compatible with the following mobile phone carriers

Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

CANCELLATION

To stop receiving messages, text the keywords STOP, CANCEL, or UNSUBSCRIBE to our phone number. Upon texting any of these keywords, you'll receive one additional message confirming your cancellation request. Please note that our text message platform might not recognize or respond to unsubscribe requests lacking these specific keyword commands. In such cases, TM Solutions LLC and its service providers hold no liability for not honoring these requests. If you opt out of one program, you may still receive messages through other programs until you separately unsubscribe from them.

HELP

For customer care details, text the keyword HELP to our number.

CUSTOMER CARE

For assistance, visit https://Xneonled.com/contact-us/ to submit a support request via the provided form or phone number +1(307) 219-0529.

CONTACT INFORMATION

This messaging service is provided by TM Solutions LLC, situated at 2201 MENAUL BLVD NE STE A ALBUQUERQUE, NM 87107.

DISPUTE RESOLUTION

General Overview

In the interest of efficiently resolving disputes between you and TM Solutions LLC, both parties agree that any dispute arising from or related to these messaging terms and conditions ("Messaging Terms") or the receipt of text messages from TM Solutions LLC or its service providers shall be settled through binding arbitration. Arbitration is less formal than court litigation, employing a neutral arbitrator instead of a judge or jury.

It may involve more restricted discovery compared to court proceedings and can be subject to limited review by courts. Arbitrators possess the authority to grant the same damages and relief as a court. By agreeing to these Messaging Terms, you and TM Solutions LLC are waiving the right to a trial by jury or participation in a class action, and these Messaging Terms will be governed by the Federal Arbitration Act.

Exceptions to Arbitration

Despite the "General" section above, these Messaging Terms do not waive, preclude, or limit you or TM Solutions LLC's right to: (i) pursue individual action in small claims court; (ii) seek enforcement action through applicable federal, state, or local agencies; (iii) request injunctive relief from a court for arbitration support; or (iv) file a lawsuit in a court of law concerning intellectual property infringement.

Arbitration Process

Any arbitration between you and TM Solutions LLC will be regulated by the Federal Arbitration Act and the American Arbitration Association ("AAA") Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes ("AAA Rules"). The arbitrator will exclusively resolve disputes regarding the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notification and Process

If either party intends to seek arbitration, they must first send a written notice of the dispute by U.S. Mail ("Notice") to the other party. TM Solutions LLC's address for Notice is: 2201 MENAUL BLVD NE STE A ALBUQUERQUE, NM 87107. Attn: Chief Executive Officer.

The Notice should outline the nature of the claim or dispute and specify the relief sought ("Demand"). While both parties will endeavor to resolve the claim directly, if an agreement isn't reached within 30 days after receiving the Notice, either party may start an arbitration proceeding.

Fees and Payment

If you initiate arbitration under these Messaging Terms, TM Solutions LLC will reimburse your filing fee, unless your claim exceeds $15,000 or as determined by the AAA Rules. For claims under $15,000, you can select arbitration based on document submissions, non-appearance telephone hearings, or in-person hearings following AAA Rules. If the arbitrator deems your claim or the relief sought frivolous, TM Solutions LLC may seek reimbursement as per the AAA Rules. The arbitrator will provide a written decision, kept confidential unless necessary for enforcement or limited judicial review.

No Class Actions

Both parties agree that claims shall be brought in an individual capacity and not as part of a class or representative action, unless agreed upon otherwise in writing. The arbitrator may not consolidate claims or oversee any representative or class proceeding, unless mutually agreed upon.

Changes to Arbitration Provision

If TM Solutions LLC modifies this arbitration provision, except for changes in its Notice address, you have 30 days to reject the change by sending written notice to TM Solutions LLC's Notice address. In such a case, the arbitration provision prior to the changes you rejected will continue to govern disputes between you and TM Solutions LLC.

Enforceability

Should an arbitrator determine that applicable law restricts enforcing limitations regarding class or consolidated proceedings for a particular relief claim, that claim must be separated from arbitration and handled in court. Any unenforceable provision in these Messaging Terms shall be considered void, leaving the remainder of these Messaging Terms intact.