ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.
- Use of the Site. Xtreme360, authorizes you to view and download the materials at this Web site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are protected by intellectual property rights and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use. You agree not to change or delete any proprietary notices from materials downloaded or printed from the Site. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
- Modification of Terms. Xtreme360 may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms.
- Trademarks. Trademarks used or displayed at this Site are trademarks of Xtreme360 or its affiliates or third party owners. Nothing contained on this Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any such trademark without the prior written permission of Xtreme360 or such third party owner.
- Links to Other Web Sites. Links to other Internet sites operated by third parties, including Xtreme360's vendors, do not constitute sponsorship, endorsement, or approval by Xtreme360 of the Content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Xtreme360, and Xtreme360 is not responsible for the Content, availability, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk. You also understand that Xtreme360 cannot and does not guarantee or warrant that files available for downloading through the Site are or will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
- User Submissions. Except as otherwise expressly provided herein or in Xtreme360's separately posted Privacy Statement, any communication or material you transmit to Xtreme360 through the Site, by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Xtreme360, Xtreme360 vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, Xtreme360, its vendors, affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Xtreme360 through the Site for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or using information contained in such communication.
- Mobile Services. Xtreme360 may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from Xtreme360, and access certain other features (collectively the "Mobile Features"). Although Xtreme360 does not charge you for these Mobile Features, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Features. In addition, downloading, installing, or using certain Mobile Features may be prohibited or restricted by your mobile carrier, and not all Mobile Features may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Features are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Features, and how much they will cost you. By using our Mobile Features, you agree that Xtreme360 may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Features may be communicated to Xtreme360. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages Xtreme360 intends to send to you are not sent to another person who acquires your former mobile telephone number.
- Disclaimer. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Xtreme360 further does not warrant the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through our Site. Any technical documentation, drawings, brochures or catalogs provided to you by Xtreme360 are intended for guidance only and are not binding. Xtreme360 reserves all rights over such materials and information. You acknowledge that any reliance upon any materials or information is not invited or encouraged, and shall be at your sole risk. Xtreme360 reserves all rights, including but not limited to, the right, in our sole discretion, to correct any errors or omissions in any portion of the Site. Xtreme360 may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials appearing on the Site could include technical, typographical, or photographic errors. Xtreme360 does not warrant that any of the materials on the Site are accurate, complete, or current. We may make changes to the materials contained on our Site at any time without notice. Xtreme360 does not, however, make any commitment to update the materials. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. All orders are subject to acceptance by Xtreme360. Xtreme360’s obligations and responsibilities regarding its products are governed solely by the agreements under which they are sold and licensed.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Xtreme360 AND ITS AFFILIATES (INCLUDING VENDORS) SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD-PARTY CLAIMS AGAINST YOU OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR USE, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Xtreme360 AND ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE WEB SITE, ANY SERVICES OR INFORMATION, INCLUDING: (i) THE USE OR THE INABILITY TO USE THE WEB SITE, INFORMATION OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE ITEMS AND SERVICES RESULTING FROM ANY ITEMS, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR COMMUNICATIONS RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY COMMUNICATIONS OR INFORMATION; (iv) INFORMATION OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE WEB SITE OR THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE SERVICE PROVIDED. IN NO EVENT SHALL THE TOTAL LIABILITY OF Xtreme360 AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEB SITE EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00) OR, IF THE CLAIM IS RELATED TO THE PURCHASE OF A PRODUCT, THE AMOUNT PAID BY SUBSCRIBER FOR THE APPLICABLE PRODUCT. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THESE LIMITATIONS APPLY AMONG OTHER THINGS TO ANY THIRD-PARTY CLAIMS AGAINST SUBSCRIBER.
- Indemnification. You agree to defend, indemnify, and hold harmless Xtreme360, its officers, directors, employees, agents, affiliates, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, (including without limitation reasonable attorneys' fees and court costs), resulting from any violation of these Terms by you.
- Miscellaneous. These Terms shall all be governed and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in the State of New York. You agree that any legal action or proceeding between Xtreme360 and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought in an appropriate state court sitting in Springville, New York or an appropriate federal court sitting in Erie County, New York. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Xtreme360's failure to insist upon, or enforce strict performance of, any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. Xtreme360 may assign its rights and duties under these Terms to any party at any time without notice to you.