TERMS OF USES
YOUR USE OF OUR WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE WEBSITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE OUR WEBSITE.
1. Who We Are.
The website xmfg.com is a URL owned and operated by Xtreme Manufacturing, LLC, a Nevada limited liability company (“Xtreme”).
2. Definitions.
The terms “we” and “us” refer to Xtreme. The terms “you” and “user” refer to all individuals and/or entities accessing this website for any reason.
3. Limited License.
You are granted a limited, non-exclusive, non-transferable, revocable license (a) to access and use the website strictly in accordance with these Terms of Use; (b) to use the website solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
4. Restrictions and Prohibitions of Use.
Your license for access and use of the website and any information, materials or documents therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 3 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the website or any content and materials retrieved from it; (b) use the website or any materials obtained from the website to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any content and materials from the website; (d) use any content and materials from the website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the website; (f) make any portion of the website available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any website software or use any network monitoring or discovery software to determine the website architecture; (h) use any automatic or manual process to harvest information from the website; (i) use the website for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the website in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the website or any portion thereof, or any software available on or through the website, in violation of the export control laws or regulations of the United States.
5. Intellectual Property Rights
- Copyright. Except where otherwise indicated, all materials contained in this website are the copyrighted property of Xtreme, its affiliated companies and/or third party licensors. We may possess intellectual property rights in other logos, words, or phrases not listed here. Intellectual property rights of third parties may apply where noted. Except where otherwise indicated, all materials on this site, including, but not limited to, graphics, website design, text, content, software, audio, video, files, selection and arrangement of elements, organization, compilation, magnetic translation, digital conversion and other matters related to the website are protected by copyright or other intellectual property laws, ALL RIGHTS RESERVED. The posting of any such elements on the website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the website. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission, which may be granted or withheld in our sole discretion.
- Trademark. All product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Xtreme, or its affiliates or other companies under common ownership or control (the “Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited or otherwise indicated on the website are the property of their respective owners. The use or misuse of any Marks or any other materials contained on the website, without the prior written permission of Xtreme, is expressly prohibited.We reserve all rights to intellectual property. You may print out a single copy of pages on this site for your personal, non-commercial use provided that all copyright, trademark or other notices are retained. ALL OTHER USES ARE PROHIBITED WITHOUT OUR EXPRESS WRITTEN CONSENT, WHICH MAY BE GRANTED OR WITHHELD IN OUR SOLE DISCRETION. Unless expressly permitted by us, you are not authorized to use any portion of this site or any other intellectual property on any other site, in the meta-tags of any other site or in any other materials. You may not modify, publish, create derivative works, copy, distribute, or otherwise use any of this website’s content or frame this site within any other site.
6. Termination.
We may, in our sole discretion, terminate or suspend your right to use our website at any time, for any reason, including, without limitation, for lack of use or if we, in our sole opinion, believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or that you are a repeat infringer of intellectual property rights. You agree that any termination of your access to the website under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that we 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 or the website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the website.
7. Disclaimer of Warranties.
EXCEPT AS EXRESSLY SET FORTH HEREIN, THE MATERIAL ON THIS WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS WEBSITE OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS WEBSITE. WE DO NOT WARRANT THAT THE OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE. ANY RISK ARISING OUT OF USE OR PERFORMANCE OF THE INFORMATION, SERVICES, MATERIALS, SOFTWARE OR OTHER ITEMS REMAINS ENTIRELY WITH YOU.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS WEBSITE AND ANY INFORMATION ON THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, OR AFFILIATES, BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM THIS WEBSITE), OR OTHERWISE, EVEN IF WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES, OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY IN ANY EVENT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE WEBSITE AND YOU HEREBY RELEASE US AND OUR EMPLOYEES, REPRESENTATIVES, AND AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS WEBSITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
9. Responsibility for Use of Password.
Some portions of this website are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact us.
In accessing the website, you agree that:
- We are not liable for any unauthorized access to your personal information.
- You will keep your password confidential and you will notify us immediately if you believe someone else has obtained your User ID and password or any unauthorized access to the online service site has occurred or may occur.
- We may block access to the online service site without prior notice if we believe your User ID and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons.
10. Indemnity.
You agree to indemnify, defend and hold us, and our directors, officers, employees, representatives, partners, agents, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any and all losses, liability, claims and expenses (including, but not limited to, attorney’s fees) arising out of or related to your violation of this Terms of Use or use of the website, or resulting from any claims that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this website. You further agree to indemnify, defend, and hold us and the Affiliated Parties from any and all losses, liability, claims and expenses (including, but not limited to, attorney’s fees) resulting from claims of third parties arising out of or related to violations by you, or any individual using your password, of these Terms of Use.
11. Links to Other Websites.
You acknowledge that we have not reviewed the content of all sites linked to or from our website and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them. We suggest that you carefully review the terms of use of each site you choose to access from our website.
12. Nontransferable.
You may not transfer or assign any of your rights hereunder. Any password or right given to you to obtain information or documents is not transferable or assignable.
13. Modifications.
We reserve the right, in our sole discretion, to modify these Terms of Use and any policies affecting the website. Any modification is effective as the posting of the changes or new Terms of Use on this website. Your continued use of the website following the effective date of any modification(s) to these Terms of Use shall be conclusively deemed an acceptance of all such modification(s).
14. Compliance with Law.
In using this website, you agree that you will comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the website and the content and materials provided therein.
15. Governing Law and Jurisdiction.
These Terms of Use are governed by and construed in accordance with the laws of the State of Nevada, without giving effect to conflict of law principles. Any controversy or dispute arising out of your use of our website shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in, or whose district includes, Clark County, Nevada.
16. Force Majeure.
We shall not be held liable for any delay or failure in performance of any part of these Terms of Use from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers, and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation of telecommunications common carriers or acts, omissions, overloading or slow-downs over the Internet or any third party Internet service providers.
17. Survivability.
The ownership and proprietary rights provisions set forth in these Terms of Use, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of these Terms of Use and any obligations hereunder for any reason.
18. Severability.
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions, but such remaining provisions shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
19. Interpretation.
The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of these Terms of Use. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
20. Entire Agreement.
These Terms of Use embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations and understandings between the parties hereto relating to the subject matter here of.
