TERMS OF SERVICE

4xspower.com

Last Updated: 11/3/2026

PLEASE READ THESE TERMS CAREFULLY. SECTION 18 CONTAINS AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 18.10, YOU AND XS POWER WILL RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

1. Agreement to These Terms

These Terms of Service (these “Terms”) are an agreement between you and Systematic Power Solutions, LLC, doing business as XS Power Batteries (“XS Power,” “we,” “us,” or “our”). They govern your use of 4xspower.com and any other website or online store we operate that links to these Terms (together, the “Site”), and your purchase of products through the Site.

You accept these Terms when you check the box agreeing to them before placing an order or creating an account. If you do not agree to these Terms, do not place an order or create an account. If you use the Site without placing an order or creating an account, these Terms govern that use to the extent permitted by law.

Our Return Policy, Shipping Policy, and Limited Warranty, as posted on the Site, are part of these Terms. Our Privacy Policy is addressed in Section 4.

2. Who We Are

XS Power is located at 5900 Weisbrook Lane, Knoxvville TN 37909. You can reach us at (865) 688-5953 or info@xspowerbatteries.com. Notices under Section 18 must be sent as described there.

3. Eligibility and Accounts

You must be at least 18 years old to make a purchase or create an account. The Site is not directed to children under 13. The Site is intended for customers in the United States, and we may limit or decline orders from other locations. If you create an account, you agree to provide accurate information, to keep your login credentials confidential, and to be responsible for activity under your account. We may suspend or close any account that violates these Terms.

4. Privacy and Site Technologies

Our Privacy Policy explains what information we collect, how we use and share it, and the choices available to you. Like most online stores, the Site uses cookies, pixels, scripts, and similar technologies, some of which are provided by third parties that help us operate the Site, process payments, ship and protect orders, measure performance, and market our products. Those third parties may receive information about your device and your use of the Site, as described in the Privacy Policy. By accepting these Terms, you acknowledge that you have read the Privacy Policy and consent to the collection, use, and sharing of information as described in it.

5. Orders, Pricing, and Payment

Every order is an offer to buy, subject to our acceptance. Our order confirmation email confirms that we received your order; we accept it when we ship the products. We may decline or cancel any order or limit quantities, including in cases of suspected fraud, resale, or error. Prices and availability may change without notice. If a product is listed at an incorrect price or with incorrect information, we may cancel the order and refund any amount charged, even after sending an order confirmation. You agree to pay all charges for your order, including applicable taxes and shipping, using a payment method you are authorized to use. Products sold through the Site are for the purchaser’s own use and not for resale. Purchases by authorized XS Power dealers are governed by their dealer agreements to the extent those agreements differ from these Terms.

6. Shipping, Title, and Risk of Loss

We ship to the address you provide, and delivery dates are estimates. Title and risk of loss pass to you when we deliver the products to the carrier. Batteries, including lithium batteries, are regulated as hazardous materials for shipping and may be subject to carrier restrictions, additional charges, and limits on shipping methods and destinations. Any optional package or shipping protection offered at checkout is provided by a third party, not by XS Power, under that provider’s own terms and privacy policy, and claims under that protection must be made with the provider.

7. Returns and Refunds

Returns, exchanges, and refunds are governed by our Return Policy.

8. Limited Warranty and Disclaimer of Other Warranties

Products are covered only by the XS Power Limited Warranty that comes with the product or is posted on the Site, if any, and only according to its terms.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR THE LIMITED WARRANTY, XS POWER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAIMED IS LIMITED IN DURATION TO THE PERIOD OF THE APPLICABLE LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE.

9. Product Safety and Installation

Batteries, chargers, and other electrical components can cause serious injury, fire, explosion, chemical burns, or property damage if they are installed, charged, used, stored, or disposed of improperly. Read and follow all instructions and warnings that come with each product or are posted on the Site. We strongly recommend installation by a qualified professional. Adding aftermarket electrical equipment may affect your vehicle’s electrical system and its manufacturer’s warranty. Some products are designed for high output or competition audio systems and may not be appropriate for every vehicle or use. You are responsible for choosing products suited to your vehicle and intended use and for recycling or disposing of batteries as required by law.

10. Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to: (a) use any robot, spider, scraper, or other automated means, or any network monitoring, scanning, or testing tool, to access, monitor, copy, or test the Site, other than search engines indexing the Site or with our written permission; (b) interfere with or disrupt the Site or its security, or attempt to gain unauthorized access to any part of it; (c) introduce viruses or other harmful code; (d) use the Site to violate any law or anyone’s rights; (e) provide false information, misrepresent your identity, or place orders on another person’s behalf without authority; or (f) copy or exploit any part of the Site for commercial purposes without our written permission. We may suspend or end your access to the Site for any violation of these Terms.

11. Reviews and Other Submissions

If you post a review, photo, comment, or other content on the Site, or send us feedback, you grant us a nonexclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, and distribute it in connection with our business, and to identify you by the name or username you provide with it. You represent that your submission is truthful, reflects your own experience, and does not violate anyone’s rights. We may remove submissions that violate these Terms, but we do not remove reviews because they are negative.

12. Intellectual Property

The Site and its content, including text, graphics, logos, images, and software, are owned by XS Power or its licensors and are protected by intellectual property laws. XS POWER and our other names and logos are trademarks of XS Power and may not be used without our prior written permission.

13. Third Party Services and Links

The Site may include links to, or features provided by, third parties, such as payment processors, carriers, shipping protection providers, financing providers, and social media platforms. We do not control and are not responsible for the websites or services of third parties, which are governed by their own terms and privacy policies.

14. The Site Is Provided “As Is”

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES ABOUT THE SITE, INCLUDING THAT IT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT PRODUCT DESCRIPTIONS AND OTHER CONTENT ARE COMPLETE OR CURRENT. THIS SECTION DOES NOT LIMIT THE LIMITED WARRANTY ON PRODUCTS.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) XS POWER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF USE, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT; AND (B) XS POWER’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM OR, IF THE CLAIM DOES NOT INVOLVE A PURCHASE, ONE HUNDRED DOLLARS ($100). THIS SECTION DOES NOT LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY A DEFECTIVE PRODUCT OR BY OUR NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND IT DOES NOT LIMIT ANY STATUTORY DAMAGES OR OTHER REMEDY THAT APPLICABLE LAW DOES NOT ALLOW TO BE LIMITED.

16. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless XS Power and its members, managers, officers, employees, and agents from any claims by third parties, and related losses and reasonable attorneys’ fees, arising out of your violation of these Terms or your misuse of the Site.

17. Time Limit to Bring Claims

To the extent permitted by law, any claim by you or by us arising out of or relating to these Terms, the Site, or any product purchased through the Site must be filed within one (1) year after the claim arises, or it is permanently barred. If applicable law does not permit a limit of one year for a particular claim, the claim must be filed within the shortest period that law permits. This time limit is tolled during the informal resolution period described in Section 18.2.

18. Dispute Resolution: Arbitration Agreement and Class Action Waiver

18.1 Scope. This Section 18 (the “Arbitration Agreement”) applies to any dispute, claim, or controversy between you and XS Power (including our members, managers, officers, employees, and agents) arising out of or relating in any way to these Terms, the Site, any product purchased from us, any communication or marketing you receive from us, or the collection, use, or disclosure of information about you, including claims under any federal or state privacy, wiretapping, eavesdropping, pen register, trap and trace, consumer protection, or computer access law, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each, a “Dispute”). This Arbitration Agreement applies to Disputes that arose before you accepted these Terms, except any Dispute that was already the subject of a lawsuit filed before you accepted them.

18.2 Informal Resolution First. Before starting an arbitration or a small claims action, the party with a Dispute must send the other party a written notice of the Dispute (a “Notice of Dispute”). A Notice of Dispute to XS Power must be sent to [legal@xspowerbatteries.com] or to XS Power, Attn: Legal Department, 5900 Weisbrook Lane, Knoxvville TN 37909, and must include: (a) your name, mailing address, telephone number, and the email address associated with your orders; (b) any order number involved; (c) a description of the Dispute and its factual basis, including, for any Dispute involving a visit to the Site, the approximate date of the visit and the state from which you accessed the Site; and (d) the relief you request. The Notice of Dispute must be personally signed by you and, if you are represented, by your attorney. We will send any Notice of Dispute to you at the email or mailing address we have on file for you. For 60 days after a Notice of Dispute is received, the parties will try in good faith to resolve the Dispute informally. If either party asks, the parties will hold an individual settlement conference by telephone or video during that period, which you will attend personally (with your attorney, if you are represented) and which a representative of XS Power will attend. All statutes of limitations and filing deadlines are tolled from the date the Notice of Dispute is received until the end of those 60 days. A court may enforce this Section 18.2, including by staying or dismissing any arbitration or lawsuit filed without complying with it.

18.3 Agreement to Arbitrate. Except as provided in Section 18.4, any Dispute not resolved under Section 18.2 will be resolved exclusively by final and binding arbitration on an individual basis. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited, but an arbitrator can award on an individual basis the same damages and relief as a court.

18.4 Exceptions. Either party may (a) bring an individual action in a small claims court or, in Tennessee, a general sessions court, for a Dispute within that court’s jurisdiction, so long as the action remains in that court and proceeds only on an individual basis; and (b) seek injunctive or other equitable relief in court to stop the infringement or misuse of intellectual property rights.

18.5 Class Action and Jury Trial Waiver. YOU AND XS POWER AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING (THE “CLASS ACTION WAIVER”). Except as provided in Section 18.7, or as the parties agree in writing, the arbitrator may not consolidate the claims of more than one person and may not preside over any class, collective, or representative proceeding. TO THE EXTENT PERMITTED BY LAW, IF A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND XS POWER EACH WAIVE ANY RIGHT TO A JURY TRIAL.

18.6 Arbitration Procedures.

(a) Administrator and Rules. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules and, when applicable, its Mass Arbitration Supplementary Rules (together, the “AAA Rules”), in effect when the arbitration is filed, as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org. If the AAA is unable or unwilling to administer the arbitration, the parties will agree on another administrator, or a court will appoint one.

(b) Arbitrator and Hearing. A single arbitrator will decide the Dispute. If the amount in controversy is $25,000 or less, the Dispute will be decided on the parties’ written submissions unless the arbitrator decides that a hearing is necessary. Any hearing will be held by video conference unless the arbitrator decides that a hearing in person is necessary, in which case it will be held in the county of your billing address or at another location the parties agree on.

(c) Fees. The AAA Rules govern payment of all filing, administrative, and arbitrator fees, and under those rules XS Power pays most of them. If you show that the fees you would owe are prohibitive compared with the cost of litigation, XS Power will pay as much of your share as the arbitrator finds necessary to prevent the arbitration from being cost prohibitive. Each party will bear its own attorneys’ fees and costs, except as applicable law or the AAA Rules provide otherwise.

(d) Relief. The arbitrator may award, on an individual basis, any damages and other relief that a court could award to an individual under applicable law, including statutory damages and attorneys’ fees where the law allows them, and must follow these Terms as a court would. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking it and only to the extent necessary to provide relief warranted by that party’s individual claim.

(e) Public Injunctive Relief. If a claim for public injunctive relief is brought and a court determines that applicable law does not allow that claim to be waived, the claim will be severed and decided by a court in the venue described in Section 19 after the arbitration of all other claims is complete, and the court action will be stayed until then.

(f) Award. The arbitrator will issue a written decision stating the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court with jurisdiction. An award has no preclusive or precedential effect in any other arbitration or proceeding involving a different claimant.

18.7 Mass Filings.

(a) Application. If 25 or more Notices of Dispute or demands for arbitration raising substantially similar Disputes are submitted by or with the assistance of the same or coordinated counsel or organizations (a “Mass Filing”), the following procedures apply, together with the AAA’s Mass Arbitration Supplementary Rules to the extent consistent with them.

(b) Bellwether Arbitrations. Counsel for the claimants and XS Power will each select up to ten (10) demands, twenty (20) in all, to proceed first in individual arbitrations, each before a different arbitrator. If either side does not make its selections within 30 days, the AAA will select that side’s demands at random. The remaining demands will not be filed or, if already filed, will be held in abeyance, and no fees will be assessed for them, until the bellwether arbitrations conclude. Bellwether awards do not bind any other claimant and have no precedential effect.

(c) Mediation. Within 60 days after the bellwether arbitrations conclude, the parties will mediate the remaining demands in good faith, and XS Power will pay the mediator’s fees.

(d) Remaining Demands. Any demands not resolved through mediation will proceed in individual arbitration under the AAA Rules, and the AAA may administer them in whatever groups it finds efficient.

(e) Tolling; Small Claims Option. All statutes of limitations and filing deadlines for a demand held back under this Section 18.7 are tolled from the date its Notice of Dispute is received until the demand proceeds. While a demand is held back, the claimant may instead pursue the Dispute in small claims court under Section 18.4(a).

(f) Enforcement. A court, not an arbitrator, will decide whether this Section 18.7 applies and whether it is enforceable, and may enforce it. If a court decides that this Section 18.7 is unenforceable, it will be severed, and the remaining demands will proceed in individual arbitration under the AAA Rules.

18.8 Who Decides. Except as provided in this Section 18.8, the arbitrator will decide all issues relating to the scope, interpretation, applicability, and enforceability of this Arbitration Agreement. A court will decide (a) whether the Class Action Waiver, Section 18.6(e), or Section 18.7 is enforceable; (b) whether a Dispute falls within the small claims exception in Section 18.4(a); and (c) whether you accepted these Terms.

18.9 Severability. If any part of this Arbitration Agreement other than the Class Action Waiver is found unenforceable, that part will be severed and the rest will remain in effect. If the Class Action Waiver is found unenforceable as to any Dispute brought on a class, collective, or representative basis, that Dispute (and only that Dispute) will be severed and decided by a court in the venue described in Section 19, and the court action will be stayed until any related individual claims in arbitration are resolved. In no event will any Dispute proceed as a class, collective, or representative arbitration.

18.10 Right to Opt Out. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT by sending notice to legal@xspowerbatteries.com or to the mailing address in Section 18.2 within 30 days after you first accept these Terms. Your notice must include your name, mailing address, the email address associated with your orders, and a clear statement that you are opting out of the Arbitration Agreement. If you opt out, the rest of these Terms will still apply, and any Dispute will be resolved in court as provided in Section 19.

18.11 Changes to This Section. If we change this Section 18 (other than our contact information), we will post the change on the Site, and the change will apply only to Disputes for which a Notice of Dispute is sent after the change takes effect. You may reject the change by notice sent as provided in Section 18.10 within 30 days after it is posted, in which case the most recent version you accepted will continue to apply to you.

18.12 Survival. This Arbitration Agreement survives the termination of these Terms and the completion of any purchase.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 18. Except for actions in small claims or general sessions court under Section 18.4(a), and subject to Section 18, any lawsuit between you and XS Power must be brought exclusively in the state courts located in Knox County, Tennessee, or in the United States District Court for the Eastern District of Tennessee at Knoxville, and you and XS Power each consent to the personal jurisdiction of those courts and waive any objection to venue there.

20. Electronic Communications and Text Messages

By creating an account or placing an order, you consent to receive communications from us electronically, including order confirmations, shipping notices, and notices about these Terms, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. Marketing emails will include a way to unsubscribe. If you sign up to receive text messages from us, the terms presented when you sign up also apply; consent to receive marketing text messages is never a condition of purchase, and you may opt out at any time by replying STOP.

21. Changes to These Terms

We may revise these Terms by posting a new version on the Site with an updated “Last Updated” date. Except as provided in Section 18.11, a revised version applies to orders placed and use of the Site after it is posted, and the version in effect when you placed an order applies to that order.

22. General

These Terms and the policies they reference are the entire agreement between you and XS Power about their subject matter. Except as provided in Section 18.9, if any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, a sale of assets, or by operation of law. We are not responsible for delays or failures caused by events beyond our reasonable control. Headings are for convenience only, and “including” means “including without limitation.”

23. Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.