Terms & Conditions

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE (“THE SITE” OR “THIS SITE”). THIS SITE IS PROVIDED TO YOU (THE “USER”) BY “XTREMEPOWERUS” AND ONE OR MORE OF ITS GLOBAL AFFILIATES AND/OR BUSINESS PARTNERS. THE TERMS “COMPANY”, “WE”, “US” AND “OUR” WHEN USED IN THIS TERMS OF USE REFER TO XTREMEPOWERUS AND ITS SUBSIDIARIES AND AFFILIATES. ALSO, THE USE OF THE TERM “YOU” AND “YOUR” REFERS TO CUSTOMERS UTILIZING OUR SITE FOR PURCHASES. BY ACCESSING AND USING XTREMEPOWERUSA.COM, YOU AGREE TO BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.

ACCEPTANCE OF TERMS OF USE

By accessing any information from this Site, or making any purchases from our Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, ”Terms of Use”). If you do not agree to the following Terms of Use, do not use this Site or download any materials from the Site. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content. You can review the most current version of the Terms of Service at any time on this page. These Terms of Use may be periodically updated or changed by us at any time without notice to you. We retain the right to make changes, updates, or replace any section of the Terms of Use. Your continued use of or access to the website following posting of any changes constitutes acceptance of those changes.

COPYRIGHT AND OWNERSHIP

The collective content featured on Xtremepowerusa.com, including without limitation to text, graphics, design, functionality, organization, selection and all other matters related to the Site, are protected under the United States applicable copyrights laws, trademarks, and other proprietary rights as the property of XtremepowerUS. You do not acquire ownership or copying rights when viewing this Site. Permission is only granted to electronically copy and print hard copy portions of the Site for the sole purpose of non-commercial use when placing an order with XtremepowerUS or purchasing XtremepowerUS products. Any other use, including without limitation to the reproduction, distribution, publishment, and transmission of the content of this website is strictly prohibited, unless given authorization by XtremepowerUS. You further agree to not change or delete any proprietary notices from materials downloaded from this website.

TRADEMARKS

All trademarks, logos, product names, service marks and/or trade names of XtremepowerUS used in this website are trademarks or registered trademarks of XtremepowerUS.

LIMITED RIGHTS TO USE THE SITE

You may view print or download any content, graphic, form or document from the Site so long as the activity is for your own personal and non-commercial use. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Terms of Service, violate any laws in your jurisdiction to United States copyright laws, trademarks and other proprietary rights. You activities on the Site shall not contain or subject this Site to any viruses, trojans, worms, or other computer programming routine that may damage or detrimentally interfere with, intercept or expropriate any system, data or personal information. The violation or breach of any of the Terms of Service will result in an immediate termination of your Services. Any other uses, including not limited to the reproduction, distribution, publishment, transmission, sublicensing and selling of the content of this website is strictly prohibited, unless given authorization by XtremepowerUS.

DISCLAIMER OF WARRANTIES

XtremepowerUS does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. All services (including materials) and products delivered to you through our website are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, expressed or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, title and non-infringement.

LIMITATION OF LIABILITY

XtremepowerUS shall not be liable for any special or substantial damages, whether direct or indirect, that result from the use of, or inability to use, the materials on this Site or the performance of the products, even if XtremepowerUS has been advised of the possibility of such damages. In no case shall XtremepowerUS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

MODIFICATION

In the event that an XtremepowerUS product is mistakenly listed at an incorrect price, XtremepowerUS reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. In the case that the order has been confirmed and your credit card charged, XtremepowerUS shall issue a credit to your credit card account in the amount of the incorrect price. XtremepowerUS retains the right at any time to make changes or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.

ACCURACY OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless XtremepowerUS, its officers, partners, directors, agents, contractors, licensors, suppliers, employees, subsidiaries, affiliates, service providers, and subcontractors harmless from any claim or demand, including reasonable attorneys’ fees, resulting from any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, certain materials available on our website including without limitation content, products, or services may link to sites operated by third-parties. Third-party links on this site may direct you to third-party website that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER FEEDBACK AND SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PROHIBITED USE

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SEVERABILITY AND TERMINATION

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

If you have any questions in regards to these Terms of Use or any other matter, please feel free to reach out to us at (909) 628-0880 or customer@xtremepowerusa.com.