TERMS OF USE

The use of this site is governed by the policies, terms and conditions set forth below.
Please read them carefully. By using this site, you agree to these terms of use. If you do not agree to these terms, you may not use this site. XCCESSORY.COM reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.

Typographical Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, XCCESSORY.COM shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. XCCESSORY.COM 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, XCCESSORY.COM shall immediately issue a credit to your credit card.

Copyright
Everything on our web site is copyrighted (unless otherwise noted) and may not be used except with our express written consent. Use of these images by you or other third parties for purposes other than placing an order with our web site, or using this site as a shopping resource is strictly prohibited and may violate the copyright laws, trademark laws, privacy laws and other laws and regulations. Nothing contained on this site may be construed as granting any license or right to use any of our trademarks or service marks without our prior written consent.

Trademarks
All trademarks, service marks, and trade names (collectively the "marks") that appear on our site are proprietary to XCCESSORY.COM, or other respective owners that have granted XCCESSORY.COM the right and license to use such marks.

Disclaimers and Your Safety
All information, services, products, and materials contained on this site, including text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, XCCESSORY.COM disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, XCCESSORY.COM does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice.

Promotions
Periodically, we send out newsletters, promotions and discount coupons via e-mail to our customers. Certain offers may only apply to first time customers. These offers exclude all taxes and shipping fees. Only one discount per household may be allowed. These offers may not be valid with any other coupons or discounts and may not be applied to previously placed orders. Coupons have no cash value. XCCESSORY.COM reserves the right to refuse to allow certain businesses, such as auto dealers and repair facilities, to purchase products pursuant to these special promotions. Any offers of Free Shipping may be applied to domestic (continental United States) orders only. XCCESSORY.COM reserves the right to establish minimum purchase amounts required to qualify for any special offers.

Order Acceptance
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. XCCESSORY.COM reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Dispute Resolution
If any controversy, dispute or claim arising out of or related to your use of this site arises, the dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. However, XCCESSORY.COM will have the right to petition a court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of XCCESSORY.COM trademarks, service marks, copyrights, patents, trade secrets or other intellectual property (collectively, the "Intellectual Property") or any act or omission by you that may impair the goodwill associated with the Intellectual Property.

Enforcement
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated by you must and will be venued exclusively in Orange County, California. This Terms of Use and the relationship between you and XCCESSORY.COM will be governed by the laws of the state of California as if you signed this Terms of Use in California. The provisions of this Terms of Use which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.

Limitation on Liability
XCCESSORY.COM, will not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if XCCESSORY.COM has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations will apply notwithstanding to any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

External Sites
This site may include links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "external sites"). You agree that XCCESSORY.COM is not responsible for the availability of, or the content located on or through, any external site. You should contact the site administrator or Webmaster for those external sites if you have any concerns regarding such links or the content located on such external sites.