At Xenesta, we respect and are committed to protecting your privacy and personal information.
Please read the following to learn more about what type of information is gathered, how the
information is used and for what purposes, how or when we disclose the information and how we
disclosure of personal information that may be collected anytime you interact with Xenesta, such
as when you visit our website, when you purchase Xenesta products and services, or when you call
our Support Service representatives.
contact us via email at support@Xenesta.com or by mail at:
Xenesta Support Services, 3131 Story Road W. Irving, TX 75038 USA.
Please also visit our Terms and Conditions section establishing the use, disclaimers, and
limitations of liability governing the use of our website.
How We Use Personal Information
We collect your personal information to deliver customer service. It enables us to give you
access to our products and services. We collect from you only a minimum of personal information
on our websites (such as your name, mailing address, email address, phone number, or credit card
information) that is necessary to:
- authenticate and process your order;
- provide you with order support;
- send you communications related to your order; and
- enable you to participate in special offers and other site features.
We may use personal information to provide products that you have requested as well as for auditing,
research, and analysis to improve Xenesta’s services and products.
In addition, your personal information helps us keep you posted on the latest product announcements,
software updates, special offers, and events that you might like to hear about. If you do not want
Xenesta to keep you up-to-date with Xenesta news, software updates, and the latest information on
products and services contact support@Xenesta.com and ask to be removed from promotional emails.
Cookies, Click-Trough’s and Pixel Tags
Like many websites, "cookies" are used to enable our site's or service provider's systems to
recognize your internet browser and capture and remember certain information. For instance, we
to help us understand your preferences based on previous or current site activity, which enables
about site traffic and site interaction so that we can offer better site experiences and tools
in the future. This information can include Internet Protocol (IP) addresses, browser type,
Internet Service Provider (ISP), operating system, date/time stamp, and referring/exit pages.
This information, which does not identify individual users, would only be used to analyze
trends, to administer the site, to track users’ movements around Xenesta’s sites and to gather
miscellaneous demographic information about our visitors as a whole. Xenesta will not collect
information to market directly to that person.
If you prefer not to enable cookies, please check the help section of your preferred internet
browser for instructions on how you can disable cookies. Please note that certain features of
the Xenesta website may not be available when cookies are disabled.
In some of our email messages we use a “click-through” URL link to content on the Xenesta
website. When customers click one of these URL’s, they pass through our web servers before
arriving at the destination. Xenesta may track this click-through data to help us measure
interest in methods customers prefer to retrieve information and messages. If you prefer not to
be tracked simply avoid clicking text or graphic links in the email.
Xenesta may use pixel tags, which are tiny graphic images; to tell us what parts of our website
customers have visited.
How We Protect Personal Information
We implement a variety of security measures to maintain the safety of your personal information.
Your personal information is contained behind secured networks and is only accessible by a
limited number of persons who have special access rights to such systems and are required to
keep the information confidential. When you place orders or access your personal information, we
offer the use of a secure server. All sensitive/credit information you supply is transmitted via
Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed
as stated above.
We will not share, lease, sell, or otherwise transfer your personal information to any outside
parties for their independent use or benefit without first obtaining your permission. However,
we may release your information if we believe it is appropriate to comply with the law, enforce
our site policies, or protect ours or others' rights and safety.
Please note that Xenesta may be required by law or litigation to disclose your personal
information. Xenesta’s internal policies call for the release of required information in the
cases of subpoena, court orders and order of local, state and federal government.
Service Providers and Vendors
There are also times when Xenesta may need to make certain personal information about you
available to companies that perform work for Xenesta on products and services to you on our
behalf. These companies may help us process information, deliver products to you, manage and
enhance customer data, provide customer service, or conduct customer research or satisfaction
surveys. These companies are also obligated to protect your personal information in accordance
with Xenesta’s policies, except if we inform you otherwise at the time of collection.
Third Party Websites
In an attempt to provide you with increased value, we may include third party links on our site.
These linked sites have separate and independent privacy policies. We therefore have no
responsibility or liability for the content and activities of these linked sites. Nonetheless,
we seek to protect the integrity of our site and welcome any feedback about these linked sites
(including if a specific link does not work).
Xenesta does not knowingly collect personal information from children under the age of 18. If a
child under 18 submits personal information to Xenesta – and we learn that personal information
is the information of a child under 18 – we will attempt to delete the information as soon as
How to Modify or Remove Your Information
If you have opted-in to receive our email newsletter but would no longer like to receive
promotional emails from us, please let us know by modifying your preferences in the "My Account"
section of our site. Please note that due to email production schedules, you may receive any
emails already in production.
To delete all of your online account information from our database, sign into the "My Account"
section of our site and remove your shipping addresses, billing addresses, and payment
information. Please note that we may maintain information about an individual sales transaction
in order to service that transaction and for record keeping.
Terms and Conditions
1. Acceptance of Terms
This User Agreement (the “Agreement’’) specifies the Terms and Conditions for access to and use
of the xenesta.com and xenestalife.com websites (the “Site’’). This Agreement may be modified at
any time by Xenesta upon posting of the modified agreement. Any such modifications shall be
effective immediately. The website is provided by Xenesta International, Inc. (“Xenesta”). By
using this website and related services (“Site”), you are deemed to have read and agreed to be
legally bound by the following Terms and Conditions (“Terms”) of this Agreement. When using any
other Xenesta services, you are subject to any published guidelines or rules that may apply to
such services. All such guidelines and rules applicable to such services are hereby incorporated
by reference in the Terms. If you have any questions about the Agreement, you may contact us at
2. Description of Service
Enables its Independent Brand Partners and Customers to sell Xenesta products and services or
refer other Customers to Xenesta to purchase Xenesta products or services. Xenesta’s Brand
Partners may use their personalized website to introduce others to the Xenesta Brand Partner
opportunity. Additionally, Xenesta provides its Brand Partners and Customers with a web-based /
cloud-based Business Center/Personal Account Center. This provides the Brand Partners and
Customers with access to personal information such as their passwords, Auto-Delivery Order
product and payment information, and Customer and Brand Partner team information. This account
center also provides access to the Xenesta Store, which sells print, apparel, and promotional
products, as well as sales tools, through its website. Unless specifically stated otherwise, any
new features that enhance or modify the current service shall also be subject to these Terms.
Each use of this service by you shall constitute and is deemed to be your unconditional
acceptance of this Agreement.
3. User Account, Password, Security, and Termination
Brand Partners and Preferred Customers will log in using their existing Username and Password
that is stored and managed in the Brand Partner’s Business Center or Customer’s Personal Account
at the xenesta.com or xenestalife.com websites. Retail customers registering directly on the
xenesta.com or xenestalife.com websites will receive a password and account designation upon
completing the Site’s registration process. You are responsible for maintaining the
confidentiality of your password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify Xenesta of any
unauthorized use of your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. Xenesta cannot and will not be
liable for any loss or damage arising from your failure to comply with Section 3.
You agree that Xenesta, at its sole discretion, may terminate your password, account (or any
part thereof) or use of the Site, and remove and discard any content you may have contributed to
the Site, at any time for any reason. Xenesta may also, at its sole discretion and at any time,
discontinue providing the Site, or any part thereof, with or without notice. You agree that any
termination of your access to the Site under any provision of this Agreement may be effected
without prior notice, and acknowledge and agree that Xenesta may immediately deactivate or
delete your account and all related information and files in your account and/or bar any further
access to such files of the Site. Further, you agree that Xenesta shall not be liable to you or
any third party for any termination of your access to the Site. Should you object to any terms
and conditions of the Agreement or become dissatisfied with the Site in any way, your only
recourse is to immediately discontinue your use of the Site and/or terminate your account.
for information about how Xenesta collects and uses personal information. By accepting this
Agreement, you expressly consent to the disclosure and use of your personal information by
5. Use of Content/User Drive Content
Xenesta grants permission to access and view the Site and to electronically copy and print in
hard copy portions of the Site for the sole purpose of doing business as a Brand Partner. Any
other use of the Site or the content, in whole or in part, without permission of the applicable
rights holder is strictly prohibited, including without limitation: modification,
re-publication, deletion, transmission, public performance, distribution, proxy caching,
uploading, posting, reproduction for purposes other than those noted above, or other similar
unauthorized exploitation of the Site or the content. If you violate any of the above, you could
be subject to criminal prosecution as well as personal liability for damages in a civil suit.
Xenesta will protect its interests to the fullest extent of the law.
You acknowledge that Xenesta does not pre-screen print-on-demand submitted content, but that
Xenesta and its designees shall have the right (but not the obligation) at their sole discretion
to reject or remove any content that is available via the Site. Upon placing your order, you
acknowledge that Xenesta may review your order, and the content it contains, for adherence to
our guidelines and compliance with the terms and conditions set forth in this Agreement. Without
limiting the foregoing, Xenesta and its designees reserve the right to remove any content that
violates the Agreement or is otherwise objectionable to Xenesta. You agree that you must
evaluate, and bear all risks associated with, the use of any content, including any reliance on
the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that
you may not rely on any content created by or submitted to Xenesta. You acknowledge and agree
that you are responsible for the creation and compilation of your print-on-demand content and
that neither Xenesta nor any other party involved with the production of any product
incorporating such content, assumes that responsibility. Xenesta’s production of any product
depicting your print-on-demand content does not indicate that Xenesta approves of the content,
that the content obeys all applicable laws, or that you are absolved of any liability or harm
arising from the use of the content.
You acknowledge and agree that Xenesta may preserve the content and may also disclose the
content if required to do so by law or in the good faith and belief that such preservation or
disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the
Agreement; (iii) respond to claims that any content violates the rights of third parties; or
(iv) protect the rights, property, or personal safety of Xenesta, its users, and the public.
You understand that the technical processing and operation of the Site, including your content,
may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to
technical requirements of network connections or devices.
In addition, you agree that you are solely responsible for actions and communications undertaken
or transmitted under your account. Xenesta takes no responsibility and assumes no liability for
any content uploaded or otherwise transmitted by or to you or by or to any third party, or for
any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity,
pornography, or profanity you or a third party may encounter. Xenesta reserves the right but not
the obligation to remove any materials it deems objectionable. You hereby agree to waive any
claims against Xenesta and its affiliates, owners, officers, contractors, agents, and employees
for losses, damages, and injuries that are based on or relate to communications or materials
made available to the Site or posted on the Site by persons other than Xenesta or its Brand
Partners. You hereby agree to indemnify Xenesta and its affiliates from all claims and expenses,
including reasonable attorneys’ fees, which claims are based on or arise from your violation of
any of the provisions of this User Agreement.
You acknowledge and agree that you will use this Site and any products ordered on this Site at
all times in accordance with all applicable federal, state/provincial/territorial and local
laws, statutes, regulations, ordinances, and international laws and will not take any action
that harms or violates the rights of any person or entity.
6. Restrictions of Use of Site
a. Proprietary Rights.
The Site contains information, text, data, photographic images, designs, logos, graphics, and
other materials and effects that are protected by copyrights, trademarks, service marks, trade
dress, or other intellectual or proprietary rights owned by Xenesta, its affiliates, or other
third parties. You agree that these rights belong to their respective owners and are protected
in all forms, media, and technologies existing now or hereinafter developed. The Xenesta logo
and web/product service names are also likewise protected. You may not use or distribute any
content received through the Site without the authorization of the content owner, except for
uses permitted by law. You agree not to publish, reproduce, copy (in whole or in part), upload,
download, post, email, sell, or otherwise distribute content available through the Site,
including code and software, in violation of applicable copyright and other intellectual
property laws. You agree not to use, display, or “mirror” any of the content on this Site in any
manner without first obtaining written permission from the owner of the intellectual property
b. Intellectual Property.
You retain all ownership rights to your content. However, by submitting content to Xenesta, you
grant Xenesta a perpetual, worldwide, non-exclusive license to use, reproduce, distribute, and
display your content in accordance with our non-exclusive license agreement.
You acknowledge and agree that the Site and any software used in connection with the Site
(“Software”) contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You agree not to modify, rent, lease, loan, sell,
distribute, or create derivative works based on the Site or the Software, in whole or in part.
The intellectual property rights in or relating to the content of any notes, messages, emails,
postings, letters, ideas, suggestions, concepts, or other written materials that you submit or
communicate to Xenesta (excluding the content which is not intellectual property) will
automatically be deemed to be assigned, granted and transferred by you to Xenesta upon their
submission or communication to Xenesta, and you agree that the same will automatically become
the property of Xenesta and that Xenesta shall be entitled to use, exploit, copy, publish,
implement, transfer, and in all other ways deal with such materials and all of the intellectual
property rights therein in any way and for any purpose Xenesta may elect, forever.
c. Online Conduct.
By using this Site, you agree to be subject to all applicable local,
state/provincial/territorial, federal and international laws. You agree not to use this Site or
any of the contents contained herein for any illegal purpose nor to transmit to or through this
Site any material that is illegal, harmful, threatening, defamatory, obscene, hateful, or
otherwise objectionable, or to interfere with, abuse, or otherwise violate the legal rights of
any third party using the Site (including by using any products, merchandise, or the services
offered on or in connection with the Site). You specifically agree not to:
1. Upload, download, post, email, or otherwise transmit any materials, including but not limited
to text, data, photos, graphics, or any of these elements in combination as a design for
products available on this Site or otherwise (“Content”) that is illegal, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, pornographic, indecent, inflammatory, libelous,
tortuous, hateful, or invasive of another’s privacy (including but not limited to rights of
celebrity, privacy, and intellectual property), or racially, ethnically, or otherwise deemed
objectionable at Xenesta’s sole discretion.
2. Harm minors in any way. The Xenesta website is not designed for or targeted at children. We
do not knowingly collect, use, or disseminate any personally identifiable information from
children under the age of 18. If, however, we become aware that personally identifiable
information regarding a child under the age of 18 has been collected at the Xenesta website, we
will use such information for the sole purpose of contacting a parent or guardian of the child
to obtain verifiable parental consent. If we cannot obtain consent after a reasonable period of
time, or if when contacted a parent or guardian requests that we do not use or maintain such
information, we will make reasonable efforts to delete it from our records. Upon request by a
parent or guardian, Xenesta will provide a description of the specific types of personal
information collected from a child who is under the age of 18.
3. Impersonate any person, entity, corporation, or government, or falsely state your association
with said person or entity.
4. Disguise the origin of any content transmitted through the service.
5. Upload, post, email, or otherwise transmit any content that:
a. You do not have the right to transmit under any law or any contractual or fiduciary
b. Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any
party. By uploading or downloading any content, you represent and warrant that you have the
lawful right to reproduce and distribute such content and that the content complies with all
applicable local/state/ provincial/territorial, federal, and international laws, regulations,
c. Would constitute or encourage a criminal offense, violate the rights of any party, or
otherwise create liability or violate any local, state/provincial/territorial, national, or
d. Is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain
letters, or any other form of solicitation.
e. Contains software viruses or any other computer code, files, or programs designed to
interrupt, interfere with, destroy, or limit the functionality or service of any computer
software or hardware, servers, networks, or telecommunications equipment
6. Act in any way that would negatively affect other users’ ability to engage in real-time
7. Access, tamper with, or use non-public areas of the Site. Unauthorized individuals attempting
to access these areas of the Site may be subject to prosecution.
8. Frame or link to the Site except as permitted in writing by Xenesta.
7. Copyright and Trademark Policy
Xenesta respects the intellectual property rights of others. We ask our users to do the same.
Xenesta may terminate the accounts of users who appear to infringe the copyright or other
intellectual property rights of others
8. Warranty of Ownership and Non-Infringement
You represent and warrant that you are the owner of the content that you submit and that the
content does not infringe upon the property rights, intellectual property rights (copyrights and
trademarks), or other rights of others. You also represent that there are no outstanding
disputes in connection with the property rights, intellectual property rights or other rights,
in the content or any parts of the content.
9. Disclaimer and Limitation of Liability
This site and its contents are provided “as is” and “as available” without any warranty or
representations of any kind, whether express or implied. Xenesta is a distributor and not a
publisher of the content supplied by third parties and users of the site; as such, Xenesta
exercises no editorial control over such content and makes no warranty or representation as to
the accuracy, reliability, or currency of any information, content, service, or merchandise
provided through or accessible via the site. Without limiting the foregoing, Xenesta
specifically disclaims all warranties and representations as the publisher of any content
transmitted on or in connection with the site or on sites that may appear as links on the site
or as the manufacturer of the products provided as a part of, or otherwise in connection with,
the site, including without limitation any warranties of merchantability, fitness for a
particular purpose, or noninfringement of third-party rights. No oral advice or written
information given by Xenesta or by any of its affiliates, employees, officers, directors,
agents, or the like shall create a warranty. Price and availability of information is subject to
change without advance notice.
Your use of the site and its contents is at your own risk. Neither Xenesta nor any of its
affiliates or other parties involved in creating and delivering the site, or the service, or any
products provided as a part of, or otherwise in connection with, the site, will be liable for
any compensatory, direct, indirect, or consequential damages; loss of data, income, or profit;
loss of or damage to property; or any claims of third parties arising from use of the site,
regardless of the legal theory on which the claim is based, and even if advised of the
possibility of such damages, including without limitation any damages arising out of reliance by
the user on information obtained from Xenesta or the site, or for damages that result from any
mistake, omission, virus, delay in operation, interruption in service, or failure of
performance, whether or not resulting from an act of God, communications failure, theft, or
unauthorized access to Xenesta’s records or the site. Some states/provinces/territories do not
allow the exclusion or limitation of liability of consequential or incidental damages, so the
above exclusions may not apply to you; in such states/provinces/territories, liability is
limited to the fullest extent permitted by law.
You agree to indemnify and hold Xenesta and its subsidiaries, affiliates, officers, partners,
owners, and employees harmless from any claim or demand, including reasonable attorneys’ fees,
expert witness fees, and costs of litigation made by any third party due to or arising out of
your use of the service, use of your account by any third party, the violation of the terms and
conditions of use by you, or the infringement by you or any third party using your account of
any intellectual property or other right of any person or entity.
11. No Resale
You agree not to reproduce, duplicate, copy, sell, resell, or exploit, for any commercial
purposes, any portion of the Site, use of the Site, or access to the Site without Xenesta’s
express written consent.
12. Dispute Resolution
This Site is controlled by Xenesta which is headquartered in Corinth, Texas, U.S.A. Any and all
disputes regarding, or related to, this Agreement, and all other documents incorporated herein,
shall be governed and construed in accordance with the laws in the State of Texas, and shall be
resolved by binding arbitration administered by the American Arbitration Association (“AAA”) and
conducted under its rules; the arbitration proceeding shall be held in Dallas County, Texas. The
arbitration shall be conducted before a single arbitrator, and shall not be conducted on a
class-wide, class-action, or multiple-complaining-party basis. The prevailing party shall
recover its attorneys’ fee and costs from the losing party.
13. Third-Party Dealings
The Site may contain links to other websites, content, or resources. These linked Sites are not
under the control of Xenesta and therefore Xenesta is not responsible or liable for any content,
advertising, products, services, or other matters on or available from such sites or resources
from such advertisers or third parties; you agree that you shall not seek to recover any
damages, whether at law or in equity, from Xenesta arising out of, or related to, any such third
parties or other companies. Your communications or business dealings with, or participation in
promotions of, advertisers or other third parties found on or through Xenesta are between you
and such advertisers or third parties. You agree that Xenesta shall also not be responsible or
liable for any loss or damage of any kind related to such dealings with advertisers or third
You agree not to violate or attempt to violate the security of this Site, including without
limitation (a) accessing data that is not intended for your use; (b) logging on to a server or
account that you are not authorized to access; (c) probing, scanning, or testing the
vulnerability of any system or network related in any way to the Site without proper
authorization; (d) breaching security or authentication measures without proper authorization;
(e) interfering with service to any host, network, other user, including without limitation
sending unsolicited email, flooding, spamming, mail bombing, or crashing; (f) sending promotions
and/or advertising products or services; or (g) attempting to do any of the preceding.
If any provision of these terms is held by a court of competent jurisdiction to be contrary to
law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions
of the parties, with all other provisions remaining in full force and effect. If Xenesta fails
or declines to enforce any right or provision in these terms, it shall in no circumstance
constitute a waiver of such right or provision unless acknowledged and agreed to by Xenesta in
writing. The terms comprise the entire agreement between you and Xenesta and supersede all prior
or contemporaneous negotiations, discussions, or agreements, if any, whether written or oral,
between the parties regarding the subject matter contained herein. Your use of the Site is
subject to the additional disclaimers that may appear throughout the Site. If you violate these
terms, Xenesta reserves the right to terminate your access to the Site and related services
without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused
services, if applicable.