LIMITED WARRANTY AND WARRANTY DISCLAIMERS
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS SITE (THE “SITE”), WHICH IS PROVIDED BY XTREME MATS, LLC. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE SITE AND THE SERVICES. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY XTREME MATS, LLC. AT ANY TIME IN ITS DISCRETION. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.
Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions are also posted in particular areas of the Site. When accessing or using the Site, you are subject to those additional terms and conditions where they apply. All such additional terms and conditions are hereby incorporated by reference into the Terms and Conditions.
You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without XTREME MATS, LLC. express prior written consent. For example, you may not (and may not authorize any other party to) (i) co brand the Site, or (ii) frame the Site, or (iii) hyper-link to the Site, without the express prior written permission of an authorized representative of XTREME MATS, LLC.. For purposes of these Terms and Conditions, “co branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with XTREME MATS, LLC. in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Publicly available search engines, automated website “scrapers” and similar Internet navigation tools are not permitted to query or search information protected by a security verification system which limits access to human users. XTREME MATS, LLC. reserves the right to restrict automated queries further, for example, by correspondence to parties making queries, implementation of access restrictions by IP Address, or by use of a robots.txt access control file.
Before making a purchase, you will be asked to open a user account by filling in the applicable registration forms. When filling in the registration forms, you will provide current, complete and accurate information. If the information you entered when opening a user account changes after you have created the account, you will promptly update the information you provided in the registration form. In the event that XTREME MATS, LLC. suspects that the information you entered is false, inaccurate, not current, or incomplete, XTREME MATS, LLC. may suspend or terminate your access to the Site and/or seek corrected information from you.
User rights cannot be assigned, sub licensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered user without the express written permission. XTREME MATS, LLC. requires that each registered user maintain a valid username and a password, which shall be utilized for logging in to your account. You are not permitted to share your individual logon information with others. You are responsible for the activities that occur under your account, login, or password. XTREME MATS, LLC. is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information, or password and/or failure to comply with these Terms and Conditions. XTREME MATS, LLC. has the right to refuse service to any user, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the Terms and Conditions or abuses its rights related to the Site.
If any unauthorized use of your password or account or any other breach in security that is known or suspected by you occurs, you will notify XTREME MATS, LLC. immediately. After receiving such notification, XTREME MATS, LLC. may suspend or terminate your access to the Site and/or your account.
XTREME MATS, LLC. receives and stores any information you enter on the Site or give to us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our Site, and communicating with you.
XTREME MATS, LLC. works closely with third-parties and affiliated businesses to perform business functions on our behalf. XTREME MATS, LLC. shares customer information related to those transactions with those third parties.
You expressly agree that XTREME MATS, LLC. may provide your personal information to third parties without restriction, including but not limited to providing your personal information to third parties to contact you regarding potential unsolicited product offerings. XTREME MATS, LLC. will provide you with an option to opt-out of all unsolicited product offering communications.
XTREME MATS, LLC. attempts to provide information about the products listed on the Site as accurately as possible. However, XTREME MATS, LLC. does not warrant that product descriptions or information is accurate, complete, reliable, current, or error-free. If XTREME MATS, LLC. determines that a product is mispriced or not as described, XTREME MATS, LLC. may, in its sole discretion, authorize a refund upon return of the product in unused condition. If you become aware of any pricing or descriptive errors or inconsistencies with any products, you agree to notify XTREME MATS, LLC.. When you place an order through the Site, you agree that XTREME MATS, LLC. may, in its sole discretion, nullify or rescind the sale of a mispriced or inaccurately described product.
Pricing and availability of products are subject to change. XTREME MATS, LLC. does not guarantee that a product will be available past the time at which availability is shown and does not guarantee that a specific price of a product will remain the same after the time at which it is quoted.
You are responsible for paying all fees and applicable taxes associated with your product purchases. If your payment method fails, or your account is past due, XTREME MATS, LLC. may collect fees owed using other collection mechanisms. Any dispute over the payment of fees will be resolved pursuant to the choice of law and venue listed below.
All items purchased from XTREME MATS, LLC. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
XTREME MATS, LLC. does not take title to returned items until the item arrives at our offices. At our discretion, a refund may be issued without requiring a return. In this situation, XTREME MATS, LLC. does not take title to the refunded item.
You agree to treat all information obtained on the Site, as proprietary to XTREME MATS, LLC.. XTREME MATS, LLC. does not ensure the accuracy of, endorse, or recommend any content provided to you via the Site, and you use such content at your own risk.
You shall not use any robot, spider, or other automated process to monitor, data mine, or copy XTREME MATS, LLC. products, services, or information; or use XTREME MATS, LLC.’S products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory, or other illegal purposes.
XTREME MATS, LLC. retains all rights (including Intellectual Property Rights as defined below), title and interest in the Site. You shall use the Site solely for your own use and shall not allow others to use the Site under or through your user account and password.
Intellectual Property Rights means all intellectual property rights (in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights and moral rights; (b) rights associated with trademarks, service marks, trade names, logos and trade dress; (c) rights relating to the protection of trade secrets and confidential information; (d) rights relating to patents, know-how and related rights in inventions; and (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property.
You hereby grant to XTREME MATS, LLC. a royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to XTREME MATS, LLC. through the Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. XTREME MATS, LLC. will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations of XTREME MATS, LLC..
XTREME MATS, LLC. reserves the right to monitor use of the Site to determine compliance with these Terms and Conditions, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submission. You acknowledge and agree that neither XTREME MATS, LLC. nor any third party that provides Content to XTREME MATS, LLC. will assume or have any liability for any action or inaction by XTREME MATS, LLC., or such third party with respect to any Submission.
This site may be hyper-linked to other sites that are not maintained by, or related to, XTREME MATS, LLC.. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the Site or XTREME MATS, LLC.. XTREME MATS, LLC. has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and XTREME MATS, LLC. makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by XTREME MATS, LLC. of that site. XTREME MATS, LLC. shall have no responsibility or liability for any information, software, or materials found at any other Web site or Internet resource.
Trademarks, service marks, and logos appearing in the Site are the property of XTREME MATS, LLC. or the party that provided the trademarks, service marks, and logos to XTREME MATS, LLC.. XTREME MATS, LLC. and any party that provided trademarks, service marks, and logos to XTREME MATS, LLC. retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on the Site.
You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, XTREME MATS, LLC. reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
XTREME MATS, LLC. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing XTREME MATS, LLC. to disclose the identity of anyone in violation of these Terms and Conditions.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS XTREME MATS, LLC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY XTREME MATS, LLC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER XTREME MATS, LLC. OR LAW ENFORCEMENT AUTHORITIES.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY XTREME MATS, LLC. “AS IS” WITHOUT WARRANTY OF ANY KIND UNLESS OTHERWISE SPECIFIED IN WRITING. XTREME MATS, LLC. MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS OR SERVICES MADE AVAILABLE ON THE SITE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XTREME MATS, LLC. SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. XTREME MATS, LLC. MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM THE SITE IS ACCESSED AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO THE USER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM XTREME MATS, LLC. OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
XTREME MATS, LLC., ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, INACCURACIES, ERRORS OR OMISSIONS IN THE PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE SITE, OR YOUR FAILURE TO KEEP YOUR LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL) EVEN IF XTREME MATS, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
XTREME MATS, LLC. reserves the right to modify, suspend or discontinue all or any portion of the Site at any time, without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms and Conditions.
XTREME MATS, LLC. reserves the right to terminate any user’s account at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of XTREME MATS, LLC. services, nonpayment of fees owed by you in connection with the Site, account inactivity, or technical or security issues. Upon termination, XTREME MATS, LLC. shall have no obligation to maintain or forward any content in your account.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site.
You send electronic communications to XTREME MATS, LLC. when you visit the Site or send e-mails to XTREME MATS, LLC. You agree to receive electronic communications from XTREME MATS, LLC. XTREME MATS, LLC. will communicate with you electronically, including by e-mail or by posting notices on the Site. You agree that all communications that XTREME MATS, LLC. provides to you electronically satisfy any legal or other requirement that such communications be in writing.
You hereby acknowledge and grant XTREME MATS, LLC. the permission to communicate with you via email (as well as other communication channel such as phone and fax) for mandatory communications concerning user account creation and changes to your account. Under no circumstances will XTREME MATS, LLC. have any liability for sending any email to its registered users/customers.
XTREME MATS, LLC. respects the intellectual property rights of others, and asks that everyone using the Site do the same. Anyone who believes that their work has been reproduced on the Site in a way that constitutes copyright infringement may notify XTREME MATS, LLC.’S copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Identification of the copyrighted work you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Site so we can locate it;
Your address, telephone number, and, if available, e-mail address, so that we may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
XTREME MATS, LLC.
1071 West Morse Blvd., Suite 200
Winter Park, FL 32789
Attention: Copyright Agent
By e-mail: email@example.com
If you give notice of copyright infringement by text e-mail, XTREME MATS, LLC. copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
This Agreement, and the Service provided by XTREME MATS, LLC., shall be governed by the laws of the State of Florida, without reference to any jurisdiction’s conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Orange County, Florida for the adjudication of any disputes or claims arising out of and/or related to this Agreement.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sub licensed or otherwise transferred by you without the prior written consent of XTREME MATS, LLC., which retains the right to withhold consent in its sole discretion.
The failure of XTREME MATS, LLC. to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, you agree that the remaining terms and provisions remain in full force and effect.
All notices to XTREME MATS, LLC. must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Customer Service Department at XTREME MATS, LLC..
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.