XcaliburTek TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH XCALIBURTEK.COM. BY ACCESSING XCALIBURTEK.COM, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, PLEASE EXIT XCALIBURTEK.COM IMMEDIATELY.

Ownership

The term “XcaliburTek" or "XcaliburTek.com" or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website. Access to and use of the Web Site is subject to any specific terms and conditions set forth on the individual pages within the Web Site and these Terms and Conditions of Use (collectively, the "Terms"), and all applicable laws and regulations, including laws and regulations governing copyright and trademark. We reserve the right at any time to change any of the terms and conditions contained herein or any information contained in the Web Site. Any such changes will appear on the individual pages of the Web Site and/or on this screen. By using the Web Site, you agree in advance to accept any such changes.

Use of XcaliburTek.com

You may not use the Web Site: to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms and Conditions of Use. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Web Site.

Promotional Information

We may make information regarding specific programs, offers or promotions, which we are conducting, available on the Web Site. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the Web Site in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Web Site in connection with each program, offer or promotion.

Availability

The Web Site is available worldwide to anyone with Internet access. However, the Web Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. A reference to a product or service on the Web Site does not imply that such product or service is or will be available in your location. The content of the Web Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

General

The Terms apply to your use of the Web Site, including all transactions you effect through the Web Site. If a court finds any of the Terms to be unenforceable or invalid, the unenforceable or invalid Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The Terms and the items made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Web Site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of the Web Site.

Warranty Disclaimer

Your use of the web site is at your own risk. The web site is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

Limitation of Liabilities

You agree that XcaliburTek shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall XcaliburTek or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the services, materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use, this site generally, or otherwise in connection with this agreement, regardless of whether XcaliburTek or any of its providers have been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law. You hereby waive any and all claims against us and our subsidiaries, divisions, affiliates, agents, representatives and licensors arising out of your use of the web site or any materials, opinions or recommendations of third parties on the web site

Links

We do not review or monitor any web site linked to the Web Site and are not responsible for the content of any such linked web site. Your linking to such web site is at your own risk. In addition, you agree not to link your web site or any other third party web site to the Web Site without our express prior written consent.

Governing Law and Choice of Forum

These Terms and Conditions of Use and any disputes arising out of or related to the Web Site or use of the Web Site, shall be governed by, construed and enforced in accordance with, the laws of the State of California, without regard to its conflict of laws rules. XcaliburTek makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site.You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this Web Site shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Questions or comments regarding the Web Site and the information contained in the Web Site should be directed to info@XcaliburTek at XcaliburTek. Any communication or material transmitted to us via the Web Site or Internet e-mail is transmitted on a non-confidential basis.