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
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
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
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
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
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.
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.
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
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
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.
unenforceable, then that provision will be deemed severable from and will not
affect the validity and enforceability of any remaining provisions