Welcome to The Extreme Consultant. This Site is provided
by The Extreme Consultant as a service to our customers.
Please review the following basic rules that govern your use of the The Extreme Consultant site. (the "Agreement"). Please
note that your use of the The Extreme Consultant site, (the
"Site") constitutes your unconditional agreement to follow and
be bound by these Terms of Use. Although you may "bookmark"
a particular portion of this Site and thereby bypass this Agreement, your
use of this Site still binds you to these Terms of Use. The Extreme Consultant reserves the right to update or modify these Terms
of Use at any time without prior notice to you. For this reason, we encourage
you to review these Terms of Use whenever you use this Site.
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Use of this Site
By accepting these Terms of Use through your use of the Site, you certify
that you are 18 years of age or older. If you are under the age of 18
but at least 13 years of age you may use this Site only under the supervision
of a parent or legal guardian who agrees to be bound by these Terms
of Use. The Extreme Consultant does not intentionally
collect personal information about children under the age of 13. Children
under the age of 13 may not use this Site other than for browsing, and
parents or legal guardians may not agree to these Terms of Use on their
behalf. If you are a parent or legal guardian agreeing to these Terms
of Use for the benefit of a child between the ages of 13 and 18, be
advised that you are fully responsible for his or her use of this Site,
including all financial charges and legal liability that he or she may
incur. If you do not agree to (or cannot comply with) any of these terms
and conditions, do not use this Site. All billing and registration information
provided must be truthful and accurate. Providing any untruthful or
inaccurate information may constitute a breach of these Terms of Use.
By confirming your purchase at the end of the checkout process, you
agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, and written and other materials that are part
of this Site (collectively, the "Contents") are intended solely
for personal, non-commercial use. You may download or copy the Contents
and other downloadable materials displayed on the Site for your personal
use only. No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or participate
in any sale of or exploit in any way, in whole or in part, any of the
Contents, the Site or any related software. All software used on this
Site is the property of The Extreme Consultant or its
suppliers and protected by U.S. and international copyright laws. The
Contents and software on this Site may be used only as a shopping resource.
Any other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the Contents
on this Site is strictly prohibited. The Extreme Consultant is a trademark of The Extreme Consultant.
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Objectionable Material
You understand that by using this Site or any services provided on
the Site, you may encounter Content that may be deemed by some to be
offensive, indecent, or objectionable, which Content may or may not
be identified as such. You agree to use the Site and any service at
your sole risk and that The Extreme Consultant and its
affiliates shall have no liability to you for Content that may be deemed
offensive, indecent, or objectionable.
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Site Security
Users are prohibited from violating or attempting to violate the security
of the Site, including, without limitation, (a) accessing data not intended
for such user or logging onto a server or an account which the user
is not authorized to access; (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization; (c) attempting to interfere with
service to any user, host or network, including, without limitation,
via means of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing" or "crashing;"
(d) sending unsolicited email, including promotions and/or advertising
of products or services; or (e) forging any TCP/IP packet header or
any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal
liability. The Extreme Consultant will investigate occurrences
that may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users who are involved in
such violations. You agree not to use any device, software or routine
to interfere or attempt to interfere with the proper working of this
Site or any activity being conducted on this Site. You agree, further,
not to use or attempt to use any engine, software, tool, agent or other
device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search this Site
other than the search engine and search agents available from The Extreme Consultant on this Site and other than generally available
third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
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Order Acceptance
Please note that there may be certain orders that we are unable to
accept and must cancel. We reserve the right, at our sole discretion,
to refuse or cancel any order for any reason. For your convenience,
you will not be charged until your payment method is authorized, the
order information is verified for accuracy and your order is completed.
Some situations that may result in your order being canceled include
limitations on quantities available for purchase, inaccuracies or errors
in product or pricing information, or problems identified by our credit
and fraud avoidance department. We may also require additional verifications
or information before accepting any order. We will contact you if all
or any portion of your order is canceled or if additional information
is required to accept your order. If your order is canceled after your
credit card has been charged, we will issue a credit to your credit
card in the amount of the charge.
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Pricing Information
While The Extreme Consultant strives to provide accurate
product and pricing information, pricing or typographical errors may
occur. The Extreme Consultant cannot confirm the price
of an item until after you order. In the event that an item is listed
at an incorrect price or with incorrect information due to an error
in pricing or product information, The Extreme Consultant shall have the right, at our sole discretion, to refuse or cancel any
orders placed for that item. In the event that an item is mispriced, The Extreme Consultant may, at our discretion, either
contact you for instructions or cancel your order and notify you of
such cancellation. We strive to provide you with the lowest prices possible
on The Extreme Consultant. However, prices and availability
are subject to change without notice.
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Quantity Limits & Dealer Sales
The Extreme Consultant reserves the right, at our sole
discretion, to limit the quantity of items purchased per person, per
household or per order. These restrictions may be applicable to orders
placed by the same credit card, and also to orders that use the same
billing and/or shipping address. We will provide notification to the
customer should such limits be applied. The Extreme Consultant also reserves the right, at our sole discretion, to prohibit sales to
dealers.
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Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade
dress and/or other intellectual property owned, controlled or licensed
by The Extreme Consultant, one of its affiliates or by
third parties who have licensed their materials to The Extreme Consultant and are protected by U.S. and international copyright
laws. The compilation (meaning the collection, arrangement, and assembly)
of all Contents on this Site is the exclusive property of The Extreme Consultant and is also protected by U.S. and international
copyright laws.
The Extreme Consultant and its suppliers and licensors
expressly reserve all intellectual property rights in all text, programs,
products, processes, technology, content and other materials which appear
on this Site. Access to this Site does not confer and shall not be considered
as conferring upon anyone any license under any of The Extreme Consultant's or any third party's intellectual property rights.
The The Extreme Consultant names and logos and all related
product and service names, design marks and slogans are the trademarks
or service marks of The Extreme Consultant . All other
marks are the property of their respective companies. No trademark or
service mark license is granted in connection with the materials contained
on this Site. Access to this Site does not authorize anyone to use any
name, logo or mark in any manner.
References on this Site to any names, marks, products or services of
third parties or hypertext links to third party sites or information
are provided solely as a convenience to you and do not in any way constitute
or imply The Extreme Consultant's endorsement, sponsorship
or recommendation of the third party, information, product or service. The Extreme Consultant is not responsible for the content
of any third party sites and does not make any representations regarding
the content or accuracy of material on such sites. If you decide to
link to any such third party web sites, you do so entirely at your own
risk.
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User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and
other submissions disclosed, submitted or offered to The Extreme Consultant on or by this Site or otherwise disclosed, submitted
or offered in connection with your use of this Site (collectively, the
"Comments") shall be and remain The Extreme Consultant's
property. Such disclosure, submission or offer of any Comments shall
constitute an assignment to The Extreme Consultant of
all worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, The Extreme Consultant will own exclusively all such rights, titles and interests and shall
not be limited in any way in its use, commercial or otherwise, of any
Comments. The Extreme Consultant will be entitled to use,
reproduce, disclose, modify, adapt, create derivative works from, publish,
display and distribute any Comments you submit for any purpose whatsoever,
without restriction and without compensating you in any way. The Extreme Consultant is and shall be under no obligation (1) to maintain
any Comments in confidence; (2) to pay to user any compensation for
any Comments; or (3) to respond to any user Comments. You agree that
any Comments submitted by you to the Site will not violate this policy
or any right of any third party, including copyright, trademark, privacy
or other personal or proprietary right(s), and will not cause injury
to any person or entity. You further agree that no Comments submitted
by you to the Site will be or contain libelous or otherwise unlawful,
threatening, abusive or obscene material, or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass
mailings or any form of "spam".
The Extreme Consultant does not regularly review posted
Comments, but does reserve the right (but not the obligation) to monitor
and edit or remove any Comments submitted to the Site. You grant The Extreme Consultant the right to use the name that you submit in connection
with any Comments. You agree not to use a false email address, impersonate
any person or entity, or otherwise mislead as to the origin of any Comments
you submit. You are and shall remain solely responsible for the content
of any Comments you make and you agree to indemnify The Extreme Consultant and its affiliates for all claims resulting from
any Comments you submit. The Extreme Consultant and its
affiliates take no responsibility and assume no liability for any Comments
submitted by you or any third party.
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Indemnification
You agree to defend, indemnify and hold harmless The Extreme Consultant and its affiliates from and against any and all claims, damages, costs
and expenses, including attorneys' fees, arising from or related to
your use of the Site.
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Termination
These Terms of Use are effective unless and until terminated by either
you or The Extreme Consultant. You may terminate this
Agreement at any time, provided that you discontinue any further use
of this Site. The Extreme Consultant also may terminate
this Agreement at any time and may do so immediately without notice,
and accordingly deny you access to the Site, if in The Extreme Consultant's sole discretion you fail to comply with any term
or provision of this Agreement. Upon any termination of the Agreement
by either you or The Extreme Consultant, you must promptly
destroy all materials downloaded or otherwise obtained from this Site,
as well as all copies of such materials, whether made under the Terms
of Use or otherwise. The Extreme Consultant's right to
any Comments shall survive any termination of this Agreement.
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Disclaimer
THIS SITE IS PROVIDED BY The Extreme Consultant ON AN
"AS IS" AND "AS AVAILABLE" BASIS. The Extreme Consultant MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, The Extreme Consultant DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, The Extreme Consultant DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE
OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE The Extreme Consultant WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED
BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL
PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT
APPLY TO YOU.
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Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER
IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL The Extreme Consultant OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES
OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE
OF OR INABILITY TO USE THE The Extreme Consultant WEB
SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS
OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER
FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF The Extreme Consultant HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL The Extreme Consultant BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION
WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE
DATE ON WHICH THE CLAIM AROSE.
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General
This Agreement represents the complete agreement between the parties
and supersedes all prior agreements and representations between them.
Headings used in these Terms of Use are for reference purposes only
and in no way define or limit the scope of the section. If any provision
of this Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable
and the other terms of this Agreement shall remain in full force and
effect. The failure of The Extreme Consultant to act with
respect to a breach of this Agreement by you or others does not constitute
a waiver and shall not limit The Extreme Consultant's
rights with respect to such breach or any subsequent breaches. This
Agreement shall be governed by and construed under California law without
regard to conflicts of law provisions. Any action or proceeding arising
out of or related to this Agreement or your use of this Site must be
brought in the state or federal courts of California and you consent
to the exclusive personal jurisdiction of such courts.
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DMCA Notice
Procedure for Making and Responding to Claims of Copyright Infringement
It is the policy of The Extreme Consultant to respond
to claims of copyright infringement. We will promptly process and investigate
notices of alleged infringement by third parties and will take appropriate
actions under the Digital Millennium Copyright Act, Title 17, United
States Code, Section 512(c)(2) ("DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement
by third parties should be sent to The Extreme Consultant's
Designated Agent. If you believe that your copyrighted work has been
infringed under U.S. copyright law and is accessible on this Site, please
notify us by contacting our Designated Agent. Even if you believe that
the alleged infringing work was not posted by a third party, please
send all notifications of claimed copyright infringement to The Extreme Consultant's Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright
infringement by third parties must be a written communication to The Extreme Consultant's Designated Agent that includes the following:
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site; Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably sufficient
to permit The Extreme Consultant to locate the material;
Information reasonably sufficient to permit The Extreme Consultant to contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted; A statement that the complaining party has a
good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law;
and A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
The Extreme Consultant's Designated Agent for notice
of claims of copyright infringement can be reached as follows:
By mail:
The Extreme Consultant
5318 E. 2nd Street
No. 370
Long Beach, CA 90803
By e-mail:
info@extremeconsultant.com
This contact information is only for reporting claims of copyright
infringement. Contact information for other matters is provided elsewhere
on this Site.
Upon receipt of a valid notification of alleged copyright infringement
by a third party, The Extreme Consultant shall remove
or disable access to the material identified in the notice, forward
the written notification to the alleged infringer, and take reasonable
efforts to notify the alleged infringer that it has removed or disabled
access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations
concerning copyright infringement may be liable for shall be liable
for any damages, including costs and attorneys' fees, incurred by the
alleged infringer or by The Extreme Consultant, if injured
by relying upon such misrepresentation in removing or disabling access
to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you
may file a counter notification with the Designated Agent at the address
listed above.
To be effective, a counter notification must be a written communication
provided to the The Extreme Consultant's Designated Agent
that includes the following:
A physical or electronic signature; Identification of the material
that has been removed or to which access has been disabled and the location
at which the material appeared before it was removed or access to it
was disabled; A statement under penalty of perjury that you have a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled;
and Your name, address, and telephone number, and a statement that you
consent to the jurisdiction of Federal District Court for the judicial
district in which the address is located and that you will accept service
of process from the complainant who provided the original notification
or an agent of such person or entity.
If The Extreme Consultant receives a valid counter notification,
it shall provide the complainant with a copy of the counter notification,
inform the complainant that it will replace the removed material or
cease disabling access to it in 10 to 14 days from receipt of the counter
notification, and replace the removed material or cease disabling access
to it in 10 to 14 business days, provided that The Extreme Consultant has not received notice from the complainant that an action has been
filed seeking a court order to restrain the alleged infringer from engaging
in infringing activity relating to the material on The Extreme Consultant's system.
You should be aware that the DMCA provides substantial penalties for
a false counter notice filed in response to a notice of copyright infringement.
Claimants who make misrepresentations in their the counter notification
statement may be liable for shall be liable for any damages, including
costs and attorneys' fees, incurred by any copyright owner or copyright
owner's authorized licensee, or by The Extreme Consultant,
if injured by relying upon such misrepresentation in replacing the removed
material or ceasing to disable access to it.
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