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Welcome to the xtreamgadgets.com terms and conditions, which apply to your use of the xtreamgadgets.com
Website. By accessing this Website, you agree to be bound by them.
Important Ordering Information
• All sales are subject to xtreamgadgets.com's Terms and Conditions of Sale.
• xtreamgadgets.com will not be responsible for typographical or other errors or omissions regarding
prices or other information.
• xtreamgadgets.com reserves the right to refuse any order.
• xtreamgadgets.com offers No technical support.
• xtreamgadgets.com does not process orders during weekends.
• xtreamgadgets.com issues refunds in the form of Gift Certificates.
• Customer pays return shipping on all services.
• No Shipping Status will be provided if shipped to P.O. Boxes.
• Original shipping is a service already paid to UPS and used, therefore it will not be refunded under
any condition.
• All orders require 24-48 hours processing time. Please allow one extra day for alternate shipping
address verification.
Order fulfillment
Order fulfillment is subject to availability. Due to the low pricing of our products, your order may not
be fulfilled even after it has been processed. We are not responsible for pricing errors.
1. Orders from xtreamgadgets.com will show up on your credit card statement as e-store.
Typographical and Listing Errors
At xtreamgadgets.com , we strive to maintain as accurate and specific website as possible through our
product listings and descriptions. However, we cannot guarantee that all content, pricing or
specifications are always current and complete. In the event that a product is listed at an incorrect
price due to typographical information, technical or other error, xtreamgadgets.com reserves the right
to refuse or cancel any order for that product.
OEM Products
Some software and hardware manufacturers and/or copyright holders require that hardware (sometimes
specific hardware) be purchased with their OEM products. xtreamgadgets.com does not have affiliations or
agreements with any of these manufacturers or copyright holders. xtreamgadgets.com currently sells a
number of software products but only a limited amount of hardware or peripheral items. The End User
License Agreement is a contract between the user of the software or hardware item and the manufacturer
or copyright holder of the software or hardware product. By purchasing OEM software or hardware from
xtreamgadgets.com You are providing xtreamgadgets.com with Your assurance that You are acquiring the
qualifying hardware or items (from Us or some other vendor) required by the manufacturer of the software
or hardware or copyright holder. OEM products do not receive manufacturer telephone support and may have
limited or no technical support at all. xtreamgadgets.com provides limited technical support for OEM
products on a fee basis. By purchasing OEM items from xtreamgadgets.com You have agreed to comply with
all of the terms of the End User License Agreement and have purchased or intend to purchase the
qualifying hardware or items required. With Your purchase of OEM software and hardware products from
xtreamgadgets.com You hold xtreamgadgets.com harmless for any damages or violations of the Agreement
between the End User (you) and the software or hardware manufacturer or copyright holder.
DEFINITIONS
"Conditions" means these terms and conditions: "Personal Information" means any personal details
provided by you via the Website; "User(s)" means (a) user(s) of the Website either collectively or
individually, as the context requires; "We/us/our" means xtreamgadgets.com, "Website" means the website
located at https://www.xtreamgadgets.com or any subsequent URL which may replace it; and "You/your"
means you as a user of the Website.
1 .ACCESS
We will provide you with access to the Website in accordance with these Conditions.
2 .YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in
accordance with all relevant laws; 2.1.2 agree not to upload or transmit through the Website any
computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with,
interrupt or disrupt the normal operating procedures of a computer; 2.1.3 will not upload or transmit
through the Website any material which is defamatory, offensive, or of an obscene or menacing character,
or that may cause annoyance, inconvenience or needless anxiety; 2.1.4 will not use the Website in a way
that may cause the Website to be interrupted, damaged, rendered less efficient or such that the
effectiveness or functionality of the Website is in any way impaired; 2.1.5 will not use the Website in
any manner which violates or infringes the rights of any person, firm or company (including, but not
limited to, rights of intellectual property, rights of confidentiality or rights of privacy); 2.1.6
agree that in the event that you have any right, claim or action against any Users arising out of that
User's use of the Website, then you will pursue such right, claim or action independently of and without
recourse to us.
3 .INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability,
damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach
of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by
any other person accessing the Website using your PC or internet access account.
4 .OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website, Prices (or any part of) with or
without notice to you and you confirm that we shall not be liable to you or any third party for any
modification to or withdrawal of the Website; and/or 4.1.2 change these Conditions from time to time,
and your continued use of the Website (or any part of) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly to determine whether the
Conditions have been changed. If you do not agree to any change to the Conditions then you must
immediately stop using the Website. 4.2 We will use our reasonable endeavors to maintain the Website.
The Website is subject to change from time to time. You will not be eligible for any compensation
because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all
or part of the Website due to circumstances beyond our control.
5 .THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or
resources. You acknowledge and agree that we are not responsible for the availability of such external
sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for
the privacy practices or the content (including misrepresentative or defamatory content) of such
websites, including (without limitation) any advertising, products or other materials or services on or
available from such websites or resources, nor for any damage, loss or offence caused or alleged to be
caused by, or in connection with, the use of or reliance on any such content, goods or services
available on such external sites or resources.
6 .MONITORING
We have the right, but not the obligation, to monitor any activity and content associated with the
Website. We may investigate any reported violation of these Conditions or complaints and take any action
that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending,
terminating or attaching conditions to your access and/or removing any materials from the Website).
7 .YOUR DATA
7.1 We respect your personal information and undertake to comply with applicable UK Data Protection
legislation from time to time in place. 7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority investigating
suspected illegal activities, or upon receipt of a court order, to provide your Personal Information
and/or information concerning your activities whilst using the Website we shall do so; and 7.3 We
reserve the right in our reasonable discretion to disclose details of your use of the Website in
relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone
under your control, of the Website whether in connection with the matters set out in these Conditions or
otherwise. 7.4 Please view our Privacy Policy, which forms part of these Conditions.
8 .INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights
in all material or content supplied as part of the Website shall remain at all times vested in us or our
licensors. You are permitted to use this material only as expressly authorized by us. 8.2 The Website is
Copyright, xtreamgadgets.com, 2003. All rights reserved.
9 .NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by post to 23911 Garnier Street Suite A Torrance CA 90505;
9.1.2 by email to [email protected]
9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have
received an acknowledgement from us, which will be sent within 3 working days of our receipt and should
be retained by you.
10 .LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVORS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE
WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY. 10.2 The Website
is provided on an "as is" and "as available" basis without any representation or endorsement. Unless
specified in separate terms and conditions related to a particular product or service, we make no
warranties of any kind, whether express or implied, in relation to the Website, or products or services
offered on the Website whether by us or on our behalf (including free software downloads) including but
not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-
infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty
arising from course of dealing or usage or trade. 10.3 Unless specified in separate terms and conditions
related to a particular product or service, we make no warranty that the Website or products or services
offered on the Website whether by us or on our behalf (including free software downloads) will meet your
requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or
that the Website or the server that makes it available or products or services offered on the Website
whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are
fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of
content or material as a result of uploading to or downloading from the Website. 10.4 Notwithstanding
any other provision in the Conditions, nothing shall limit your rights as a consumer under United States
law. 10.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for
the security or privacy of the Website and any information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the
Website through a third party's hyper-text link. 10.7 We will not be liable, in contract, tort
(including, without limitation, negligence), pre-contract or other representations (other than
fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or
services offered on the Website whether by us or on our behalf (including free software downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business
or anticipated savings); or 10.7.2 any loss of goodwill or reputation; or 10.7.3 any special or indirect
or consequential losses; in any case whether or not such losses were within the contemplation of either
of us at the date on which the event giving rise to the loss occurred. 10.8 Nothing in the Conditions
shall exclude or limit our liability for death or personal injury resulting from our negligence or that
of our servants, agents or employees.
11 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that
provision shall be deemed to be severable from these Conditions and shall not effect the validity and
enforceability of any of the remaining provisions of the Conditions.
12 .WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
13 .SURVIVAL
Each provision of these Conditions shall be construed as separately applying and surviving even if for
any reason one or other of those provisions is held to be inapplicable or unenforceable in any
circumstances.
14 .ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating
to the subject matter covered and supersede any previous agreements, arrangements, undertakings or
proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral
information given by either of us shall alter the interpretation of these Conditions. You confirm that,
in agreeing to accept these Conditions, you have not relied on any representation save insofar as the
same has expressly been made a representation in these Conditions and you agree that you shall have no
remedy in respect of any misrepresentation which has not become a term of these Conditions save that
your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation
whether or not such has become a term of these Conditions.
15 .LAW
The Conditions will be exclusively governed by and construed in accordance with the laws of United
States whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our
sole discretion, to commence and pursue proceedings in alternative jurisdictions.
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