Terms and Conditions of Sale

The following terms and conditions govern the sale of products by Xtreme Prototypes Inc. By submitting your order to Xtreme Prototypes Inc., you have indicated your acceptance to be bound by these terms and conditions of sale. These terms and conditions may be changed without prior notice at any time before your order is accepted, at Xtreme Prototypes Inc.'s sole discretion.

Copyright Information

All content and graphics contained in our software and websites are protected by the copyright law and may not be copied without the express permission of Xtreme Prototypes Inc., which reserves all rights.

Payment Terms

Payment is due by credit card or PayPal.

Credit card payments will be verified at the time the order is placed. Should a credit card is declined, so will be the order. Orders are processed upon receipt of payment. Xtreme Prototypes Inc. may cancel your order at any time.

Prices

Prices shown on the Xtreme Prototypes Inc.'s website do not include shipping and handling (applicable to CD sales) or taxes. All prices are in U.S. dollars; the currency converter is available for convenience only. If payment is made with a non U.S. currency credit card, the invoice/receipt amount may not reflect the amount on your credit card statement. The price charged for an order will be the price in effect at the time the order is made. Xtreme Prototypes Inc. will charge you the U.S. dollar prices that are indicated to you when you place your order, subject to availability on the date you place your order, and reserves the right to revise its prices at any time.

Disclaimer of Warranty

The software, design and accompanying documentation are provided "as is" and without warranties as to performance of merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which the package may be used, the user must assume the entire risk of using this package.

In no case shall Xtreme Prototypes Inc. be liable for any incidental, special or consequential damages or loss, including, without limitation, lost profits or the inability to use equipment or access data, whether such damages are based upon a breach of express or implied warranties, breach of contract, negligence, strict tort, or any other legal theory. This is true even if Xtreme Prototypes Inc. is advised of the possibility of such damages. The maximum liability to you for products purchased from Xtreme Prototypes Inc. shall be limited to the purchase price you have paid for the products.

Technical Support

Xtreme Prototypes Inc. may at its sole discretion provide technical support. Technical support is not guaranteed.

Ownership

All products are property of Xtreme Prototypes Inc. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified.

Limited Usage Granted

You may only use each individual product on a single computer. You have to purchase a separate license for the product in order to use it on another computer.

Shipping & Risks during Shipping

Xtreme Prototypes Inc.'s liability to you for breakage and/or non-delivery of the products shipped by common carrier to you will be limited by the limits of liability provided by the common carrier's terms and conditions of carriage.

Interpretation

These terms and conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.

Arbitration

All dispute, controversy, or claim against Xtreme Prototypes Inc. arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau (BBB).

The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and Xtreme Prototypes Inc. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.

The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorney's fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator's fees, if any) in the proportion that the final award bears to the amount of the initial claim.

No Modification

Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by Xtreme Prototypes Inc.

These terms and conditions may not be modified, altered or amended without the written agreement of Xtreme Prototypes Inc.

Severability

If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

The terms and conditions stated herein are declared to be Severable.

General

You may not assign this agreement without Xtreme Prototypes Inc.'s prior written consent. Xtreme Prototypes Inc. is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from Xtreme Prototypes Inc., this agreement shall take precedence.