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Terms and Conditions

Terms and Conditions


The following Terms of Use contain the complete terms and conditions that apply to an individual's or entity's use of Extraordinary Buyers Inc. site. As used in this Agreement, "We," "Us" or "Our" refers to Extraordinary Buyers Inc., and "You" or "Your" refers to the user. "Site" means any Extraordinary Buyers Inc. site posted on the World Wide Web.

The use of this site is governed by the policies, terms and conditions set forth below:



Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase of services to Extraordinary Buyers Inc. indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Extraordinary Buyers Inc. Extraordinary Buyers Inc. reserves the right to make changes to this site and these terms and conditions at any time. 

Use of Our Site constitutes your acceptance of these terms and conditions and your waiver of any and all claims against Extraordinary Buyers Inc., its parents, subsidiaries, affiliates, contractors, agents, officers, directors or employees arising out of Your use of Our Site or any materials, information, opinions or recommendations contained on Our Site.

Copyright and Trademark Notice


This site is owned and operated by Extraordinary Buyers Inc. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Extraordinary Buyers Inc., Copyright © 2003, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Extraordinary Buyers Inc. or their respective content providers. All software used on the site is the sole property of Extraordinary Buyers Inc. or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Extraordinary Buyers Inc. prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Extraordinary Buyers are registered trademarks, trademarks or service marks of Extraordinary Buyers, Inc. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Extraordinary Buyers Inc. All other trademarks or service marks are property of their respective owners. The use of any Extraordinary Buyers trademark or service mark without Extraordinary Buyer's express written consent is strictly prohibited.

Disclaimer and Limitation of Liability as to Products Sold


Except as expressly stated herein, Extraordinary Buyers Inc. makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Extraordinary Buyers sites. Except as expressly stated herein, Extraordinary Buyers Inc. expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Extraordinary Buyers Inc. arising from any product or service sold on the Extraordinary Buyers sites shall be the price of the product ordered. In no event shall Extraordinary Buyers Inc., its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product or service sold.


Disclaimer and Limitation of Liability as to the Extraordinary Buyers Web Sites 



The Extraordinary Buyers web sites and the materials therein are provided exmmo.com. Extraordinary Buyers Inc. makes no representations or warranties, either express or implied, of any kind with respect to the Extraordinary Buyers sites, their operations, contents, information, materials or year 2000 compliance. Extraordinary Buyers Inc. expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Extraordinary Buyers Inc., its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Extraordinary Buyers sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.


Typographical, Website, and Inventory Errors


In the event a product is listed at an incorrect price, quantity or with incorrect information due to typographical error or error in pricing, quantity or product information, Extraordinary Buyers shall have the right to refuse or cancel any orders placed for product listed at the incorrect information. Extraordinary Buyers shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Extraordinary Buyers shall immediately issue a credit to your credit card account in the amount of the charge.


Links 



This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Extraordinary Buyers Inc. is not responsible for the operation of or content located on or through any such site.


Order Acceptance Policy


Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Extraordinary Buyers reserves the right at any time after receipt of your order to accept or decline your order for any reason. Extraordinary Buyers reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the service you ordered of any type. All orders placed over $1.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Extraordinary Buyers is a reseller to end user customers and does not accept orders from computer dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Extraordinary Buyers. 



Sales Taxes


Extraordinary Buyers Inc. is responsible for any sales tax within the state of Texas due to the products that it offers for sale.  Extraordinary Buyers Inc. is not responsible for any "use" or other applicable taxes that might occur in states outside of Texas.


Service and Support


All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.


Limitation of Liability


WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING OUR SITE. 


Indemnification



You will defend and hold harmless Extraordinary Buyers Inc., its parents, subsidiaries, affiliates, contractors, agent, officers, directors and employees against all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees and costs) made due to or arising out of a violation of these Terms of Use or Your use of this Site, including, without limitation, any claim arising out of unauthorized links to Our Site.


Jurisdiction and Venue


You agree that any legal action brought against Extraordinary Buyers Inc. shall be governed by the laws of the State of Texas without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Extraordinary Buyers sites shall be an appropriate federal or state court located in Harris County Texas.


English Language Governs


It is the express wish of the parties that these Terms of Use be drawn up in English. 

Independent Contractor

These Terms of Use will not be interpreted or construed to create or evidence a partnership, joint venture or franchise relationship among the parties or as imposing any partnership or franchiser obligation or liability on either party.


Compliance with Laws


You will comply at your own expense with all statutes, regulations, rules, ordinances and orders of any governmental body, department or agency that apply to or result from your use of Our Site.


Severability



If any provision of these Terms of Use will be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from and will not affect the validity and enforceability of any remaining provisions