User Agreement

This User Agreement describes the terms and conditions applicable to your use of Xtreme Bargains' services (the "Services") available under the domain of www.XtremeBargains.Net (the "Site"). Our Services are not available to children (persons under the age of 18). If you are under the age of 18, you can use this Service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. You understand and agree that your use of the Site constitutes acceptance and agreement of all of the terms and conditions as stated herein, and a waiver of all claims of any kind against www.XtremeBargains.Net, which together form a legally binding agreement between you and www.XtremeBargains.Net in relation to your use of the Site. Collectively, this legal agreement is referred to below as the "Terms". If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our website or Services. We may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall immediately become effective. This Agreement may not be otherwise amended except in a writing signed by you and www.XtremeBargains.Net.

Information Provided

www.XtremeBargains.Net provides these materials as a service to our website users and assumes no responsibility for errors or omissions in the materials. XtremeBargains makes no commitment to update information and provides all materials on an "as is" basis without any representations or warranties, express or implied, including without limitation, implied warranties of merchantability or fitness for a particular purpose. Specifically, XtremeBargains does not edit nor control content provided by third parties. Third party materials are not reviewed for truth or accuracy. They do not represent the opinion, beliefs or statements of XtremeBargains.

Modifications of the XtremeBargains website

www.XtremeBargains.Net may modify or discontinue the XtremeBargains website with or without notice to you and without liability to you or any third party.

Pricing

Prices are subject to change without notice.

Shipping

Our shipping partners do not deliver to P.O. Boxes. You must provide a street address for shipping.

Credit Cards

If a credit card has been declined, you will be contacted immediately and if another form of payment is not received, your order will be canceled.

Delivery of Items

If product is out of stock, the shipment can be delayed up to 6 weeks. We will notify you immediately of the "Out of Stock" status. If you do not wish to wait for shipment, we will refund your money in full. If we can not reorder an out of stock item, you will be notified and we will return payment and cancel the order.

Use of www.XtremeBargains.Net Services

1.0 www.XtremeBargains.Net is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of www.XtremeBargains.Net' Services which www.XtremeBargains.Net provides may change from time to time without prior notice to you.
1.1 As part of this continuing innovation, you acknowledge and agree that www.XtremeBargains.Net may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at www.XtremeBargains.Net's sole discretion, without prior notice to you.
1.2 You acknowledge and agree that if www.XtremeBargains.Net disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.
1.3 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to www.XtremeBargains.Net will always be accurate, correct and up to date.
1.4 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
1.5 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by www.XtremeBargains.Net. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, sell, trade, resell or publicly display for any purpose any content (except Your Information) from the Site without the prior expressed written permission of www.www.XtremeBargains.Net.Net and any appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass other measures we may use to prevent or restrict access to the Site.
1.6 You agree that you are solely responsible for (and that www.XtremeBargains.Net has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which www.XtremeBargains.Net may suffer) of any such breach.
1.7 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to www.XtremeBargains.Net for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify www.XtremeBargains.Net immediately.
1.8 You agree to the use of your data in accordance with www.XtremeBargains.Net's privacy policies.

Content in the Services

2.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
2.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to www.XtremeBargains.Net (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by www.XtremeBargains.Net or by the owners of that Content, in a separate agreement.
2.3 Although the Site may link to other sites, www.XtremeBargains.Net is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By using the Site you acknowledge and agree that www..XtremeBargains.Net has not reviewed all the sites linked to the Site and is not responsible for the content of any off-site pages or any other site linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

Proprietary rights

3.1 You acknowledge and agree that www.XtremeBargains.Net (or www.XtremeBargains.Net's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by www.XtremeBargains.Net and that you shall not disclose such information without www.XtremeBargains.Net's prior written consent.
3.2 Unless you have agreed otherwise in writing with www.XtremeBargains.Net, nothing in the Terms gives you a right to use any of www.XtremeBargains.Net' trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
3.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with www.XtremeBargains.Net, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms.
3.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
3.5 Unless you have been expressly authorized to do so in writing by www.XtremeBargains.Net, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

License from www.XtremeBargains.Net

4.1 www.XtremeBargains.Net gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by www.XtremeBargains.Net as part of the Services as provided to you by www.XtremeBargains.Net (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by www.XtremeBargains.Net, in the manner permitted by the Terms.
4.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by www.XtremeBargains.Net, in writing.
4.3 Unless www.XtremeBargains.Net has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
4.4 The Services may include hyperlinks to other web sites or content or resources. www.XtremeBargains.Net may have no control over any web sites or resources which are provided by companies or persons other than www.XtremeBargains.Net.
4.5 You acknowledge and agree that www.XtremeBargains.Net is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
4.6 You acknowledge and agree that www.XtremeBargains.Net is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.



5.0 www.XtremeBargains.Net may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) www.XtremeBargains.Net is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) the partner with whom www.XtremeBargains.Net offered the Services to you has terminated its relationship with www.XtremeBargains.Net or ceased to offer the Services to you; or (D) www.XtremeBargains.Net is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by www.XtremeBargains.Net is, in www.XtremeBargains.Net's opinion, no longer commercially viable.
5.1 Upon termination all of the legal rights, obligations and liabilities that you and www.XtremeBargains.Net have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply indefinitely.
Limitation of Liability

6.1 You understand that the items and information provided by www.XtremeBargains.Net is provided by third parties. www.XtremeBargains.Net makes no representations or warranties of any kind, express or implied, as to the accuracy, completeness, current nature, or suitability for any use of these items or this Information. 6.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF ITEMS OR SERVICES PURCHASED IS AT YOUR SOLE RISK AND THAT THE PURCHASED ITEMS OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
6.3 IN PARTICULAR, WWW.XTREMEBARGAINS.NET, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE ITEMS OR SERVICES PURCHASED WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE ITEMS OR SERVICES PURCHASED WILL BE SECURE OR FREE FROM ERROR, AND (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE ITEMS OR SERVICES PURCHASED WILL BE ACCURATE OR RELIABLE.
6.4 ANY MATERIAL PURCHASED OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL. 6.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WWW.XTREMEBARGAINS.NET OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
6.6 WWW.XTREMEBARGAINS.NET FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6.7 YOU EXPRESSLY UNDERSTAND AND AGREE THAT WWW.XTREMEBARGAINS.NET, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY PERSONAL LOSS OR INJURY, ANY LOSS OF INCOME OR PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH WWW.XTREMEBARGAINS.NET MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (III) YOUR FAILURE TO PROVIDE WWW.XTREMEBARGAINS.NET WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL
6.8 THE LIMITATIONS ON WWW.XTREMEBARGAINS.NET'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WWW.XTREMEBARGAINS.NET HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Fraud

7.0 Without limiting any other remedies, www.XtremeBargains.Net may suspend or terminate your account if we suspect, in our sole discretion, that you have engaged in fraudulent activity in connection with the Site.

Release

8.0 In the event that you have a dispute with www.XtremeBargains.net, or one or more of www.XtremeBargains.Net’s advertisers, you release www.XtremeBargains.Net. (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

General legal terms

9.0 The Terms, and your relationship with www.XtremeBargains.Net under the Terms, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and www.XtremeBargains.Net agree to submit to the jurisdiction of New York County Supreme Court as the sole and exclusive form for the resolution of any and all disputes arising under this agreement, or the relationship created thereby. You hereby submit to the jurisdiction of said courts, and waive any defense on the basis of lack of jurisdiction, improper venue or forum non conveniens. Notwithstanding this, you agree that www.XtremeBargains.Net shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Advertiser’s Terms and Conditions

The above User terms and conditions are incorporated into and made a part of the following additional Advertiser Terms. www.XtremeBargains.Net. (Xtreme) agrees to provide advertising, and advertiser agrees to advertise on Xtreme's website subject to the following terms and conditions:
10.0 Data: Advertiser authorizes Xtreme to collect data, including photographs and other descriptive information regarding the advertiser's listings for use on Xtreme's website. Acceptance of any advertising by any employee of Xtreme is subject to approval by Xtreme's management in its sole discretion. You may be issued a password to access Xtreme's website. By accepting the password, advertiser agrees to limit the distribution of that password to only authorized employees within advertiser's organization. Disclosing the password to third parties or allowing unauthorized access may harm Xtreme, and is expressly prohibited. Xtreme retains the right to refuse passwords to any advertiser. Acceptance of this agreement allows Xtreme to communicate with customer via e-mail, fax, telephone, and mail during and after the term of this agreement.
10.1 Copy: Xtreme, in its sole discretion, reserves the right to reject or revise any advertising copy for placement on Xtreme's website. All advertising materials created by Xtreme remain Xtreme's property, and may not be reproduced in any other publication, or website without Xtreme's written consent.
10.2 Advertiser's Warranty: Advertiser accepts all liability for the content of all advertising it supplies to Xtreme. Advertiser's information shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography (g) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may not list any item on Xtreme's website (or consummate any transaction that was initiated using our service) that, by paying to us our advertising fee, could cause us to violate any applicable law, statute, ordinance or regulation. Xtreme's review and approval of any copy submitted shall not relieve advertiser of this warranty.
10.3 Hold Harmless: Advertiser agrees that Xtreme will not be liable for any direct, indirect, or incidental punitive and consequential damages arising from Advertiser's use of any service provided by Xtreme for any purpose. Advertiser agrees that it will not hold Xtreme liable in any way for (a) any inaccuracy, error or delay in, or omission of, (1) any such information or message or (2) the transmission or delivery of any such information or message, or (b) any loss or damage arising from or occasioned by (1) any such inaccuracy, error, delay or omission, (2) non-performance or (3) interruption in any such information or message, due either to any negligent act or omission by Xtreme, to any force majeure (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction) or to any other cause beyond the reasonable control of Xtreme. Advertiser agrees to defend, indemnify and hold Xtreme, our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand, liability, suit, costs or expense, including reasonable attorneys' fees arising by reason of the publication of the advertiser's advertisement or breach of the foregoing whether such claims are well founded or not.
10.4 Use of Xtreme's Service: XTREME, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES PROVIDE OUR WEB SITE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WWW.WWW.XTREMEBARGAINS.NET.NET OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 10.5 Liability: IN NO EVENT SHALL XTREME, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). XTREME'S LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE SHALL NOT EXCEED $100.00.
10.6 Termination of Services: Xtreme may immediately remove advertiser's advertisements or item listings, issue a warning, temporarily suspend, indefinitely suspend or terminate advertiser's advertisement and refuse to provide our services to advertiser if: (a) advertiser does not pay Xtreme in accordance with the terms stated in Xtreme's Insertion Order; (b) advertiser breaches this Agreement or the documents it incorporates by reference; (b) Xtreme believes that your actions may cause financial loss or legal liability for our users or us. To the extent permitted by applicable law, advertiser acknowledges and agrees that the termination of advertiser's ads for failure to make payments shall not be deemed or considered to be, and advertiser waives any right to represent or assert that any such exercise constitutes, an act or omission or an improper denial or limitation of access by Xtreme to any service provided by Xtreme to users.
10.8 Attorney and Collection Fees: Xtreme reserves the right to initiate collection proceedings against any party affiliated with an account that becomes delinquent at any time. Advertiser agrees that in the event that advertiser fails to make timely payments as agreed and stated in Xtreme's Insertion Order, or cure such delinquency in payment within 14 days from the required payment date, advertiser agrees to pay any and all Attorney and collection fees and any Court costs incurred by Xtreme for any Court action.
10.9 Jurisdiction: This Agreement shall be deemed to have been made in the United States and shall be construed and enforced in accordance with the laws of the State of New York, without giving effect to its conflict of laws principles. Advertiser hereby consents to submit to the jurisdiction of New York County Supreme Court as the sole and exclusive form for the resolution of any and all disputes arising under this agreement, or the relationship created thereby. Advertiser hereby submits to the jurisdiction of said courts, and waives any defense on the basis of lack of jurisdiction, improper venue or forum non conveniens. Advertiser agrees to pay www.XtremeBargains.Net' related costs and attorneys' fees arising from any dispute between www.XtremeBargains.Net and Advertiser.
10.10 Notices: Except as explicitly stated otherwise, any notices given to Xtreme shall be given by certified mail to www.XtremeBargains.Net Attn: Legal Department 31 Mallard Drive, Huntington, N.Y. 11743. Notices given by Xtreme to Advertisers shall be given utilizing the advertiser's email address, or mailing address provided to Xtreme. Notice shall be deemed given by Xtreme 24 hours after email is sent, unless Xtreme is notified that the email address is invalid. Alternatively, Xtreme may give advertisers notice by certified mail, postage prepaid and return receipt requested, to the address provided to Xtreme. In such case, notice shall be deemed given 3 days after the date of mailing.