PRIVACY POLICY

Xtreme Broker is the owner of the website located at www.xtremebroker.com. These terms of use (Terms of Use) govern your access to and use of the Xtreme Broker Site generally, together with the Services (as defined below), applications, software, information and Content (defined below) available through the Xtreme broker. The Xtreme Broker website is available for your access and use only on the condition that you agree to the Terms of Use. If you do not agree to all of the Terms of Use, do not access or use the Xtreme Broker. By indicating your acceptance of these Terms of Use by clicking on the I Accept buttons provided or otherwise using or accessing any of the Services, applications, software information and Content available through the Xtreme Broker site, you or the entity that you are authorized to represent (You or Your or Yourself) signify your acceptance of, and agreement with Xtreme Broker to be bound by, these Terms of Use. If You do not agree to be bound by these Terms of Use, please exit the Xtreme Broker site. If at any time You are no longer authorized to form legally binding contracts under applicable law on behalf of Your employer related to Your use of the Xtreme Broker site, You may no longer access and use the Xtreme Broker site. Please note that Your use of other websites provided by Xtreme Broker may be subject to different terms and policies which shall control as to those websites.

DESCRIPTION OF SERVICES

The Xtreme Broker site allows you to obtain information from Xtreme Broker and use the services of Xtreme Broker for which you have received authorization, which may include, without limitation:

(i) allowing You to conduct searches for products and provide you access to price lists, product availability, and Your account information;

(ii) allowing You to print a quote for Your business customers based on information You have provided Xtreme Broker through software applications;

(iii) enabling You to place orders directly to local distribution centers;

(iv) enabling you to review product specifications and configure products and product requirements for certain vehicles based on specified data (collectively, “Services”).

You acknowledge that certain services offered on the Xtreme Broker Site are premium services and, therefore, you will only have access to and may only use those services if you have paid fees required by Xtreme Broker to receive those services as set forth below in the Fees section below.

OWNERSHIP OF CONTENT

The Xtreme Broker Site and all of its contents, including, but not limited to, all information, text, images, photographs, illustrations, design, icons, video clips, trademarks, copyrighted material, trade dress, software applications, specifications, catalogs, literature, technical information, advertisements and other content or material on the Xtreme Broker (Content) are the sole property of Xtreme Broker, its vendors, licensors, licensees or other third parties. The rights in the Content are retained by the owner and are protected by copyright and other applicable law. Any use of any Content or the Services provided on the Site, except as provided in these Terms of Use, without the written permission of Xtreme Broker is strictly prohibited. You are advised that Xtreme Broker reserves the right enforce its intellectual property rights to the fullest extent of the law.

USER ACCOUNT AND PASSWORD

Upon approval of Your Order Form, You will receive a password and account designation. Only You, and authorized employees of the company registered for an account (if applicable), are permitted to access and use the Xtreme Broker Site in accordance with these Terms of Use. You are responsible for maintaining the confidentiality of the password and associated account information. You are prohibited from distributing, providing or otherwise making Your password available to any third party, and from downloading or copying any information You access on the Xtreme Broker Site for the benefit of any third party. You are also responsible for any and all activities that occur under Your password and account and any obligation which may result from such use. You agree to

(a) immediately notify Xtreme Broker of any unauthorized use of Your account or password or any other breach of security, and

(b) ensure that You exit from Your account at the end of each session. If You believe Your password has been stolen or might otherwise be misused, You are responsible for changing Your password.

LICENSE AND USE OF SERVICES

You agree to use the Xtreme Broker Site and Services only for the purposes for which they are designed. Subject to the these Terms of Use, and upon issuance of the appropriate password, user ID, and account designation, Xtreme Broker grants You a limited, personal, nontransferable, non-sublicensable, revocable license to access and make informational use of the Xtreme Broker site, Services, and Content, solely for those business purposes permitted by Xtreme Broker which may include, without limitation, obtaining product information and specifications for Your own business use, for the purpose of supplying quotes to Your business customers and to place orders directly to Xtreme Broker distribution centers. In accordance with the limited license granted above, You may view, copy and print individual pages from the Xtreme Broker Site, but You may not download (other than page caching) or modify the Content. Except for the limited license, Xtreme Broker does not convey to you any right or interest in the Xtreme Broker Site, Services, Content or information available through the Xtreme Broker Site or software applications.

LIMITATIONS ON LICENSE

All rights not expressly granted to You under these Terms of Use are reserved and retained by Xtreme Broker. You shall not, directly or indirectly, without the express written consent of Xtreme Broker,

(i) copy, reproduce, modify, create derivative works from, adapt or translate the Xtreme Broker Site or any Content;

(ii) reverse engineer, decompile, or disassemble any software or technology provided in connection with the Xtreme Broker Site;

(iii) offer for sale, sell, distribute, transfer, assign, sublicense, lend or encumber the Xtreme Broker Site software or any license or right granted in these Terms of Use or otherwise make any resale use of the Xtreme Broker Site or Content;

(iv) insert a virus, trojan horse or other disabling mechanism;

(v) collect and use or aggregate any product listings, descriptions, or prices;

(vi) make any derivative use of the Xtreme Broker Site or Content;

(vii) use data mining, robots, or similar data gathering and extraction tools in connection with the Xtreme Broker Site;

(viii) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form); 

(ix) use any meta tags or any other “hidden text” utilizing Xtreme Broker name or trademarks. Any unauthorized use may result in termination or suspension of Your account or access to the Xtreme Broker Site.

You are further prohibited from using the Xtreme Broker Site or any of its Contents

(i) to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, 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;

(ii) for any purpose that is unlawful or prohibited by these Terms of Use;

(iii) in any manner which could damage or disparage Xtreme Broker,

(iv) in any manner that could disable, overburden, or impair the Xtreme Broker Site or interfere with any other party’s use and enjoyment of the Xtreme Broker Site;

(v) to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Xtreme Broker Site.

Tampering with the Xtreme Broker Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Xtreme Broker Site are strictly prohibited. Xtreme Broker will fully cooperate with any law enforcement authorities or any court order requesting or directing Xtreme Broker to disclose the identity of anyone posting or transmitting any such information or materials. Any advertising or commercial solicitation on the Xtreme Broker Site is prohibited, except with the prior written permission of Xtreme Broker.

LICENSEE INFORMATION

You grant Xtreme Broker a perpetual, irrevocable, worldwide, nonexclusive, royalty-free, fully paid-up right and license to any information You provide to the Xtreme Broker Site to

(i) produce, transmit, perform, display, access and use Your information as Xtreme Broker deems necessary to provide the Services and fulfill orders, etc.;

(ii) to conduct analyses in order to make or offer changes or enhancements to services, features or functionalities available from Xtreme Broker

(iii) to perform statistical analyses of Your behavior, characteristics and experience in order to measure actual or potential interest in or use of various features, functionalities, or offerings.

FEEDBACK AND SUBMISSIONS

Xtreme Broker encourages You to report to Xtreme Broker any defects, errors, or faults You find in the Xtreme Broker Site or with any Services, relating to any access or use of the Site, or any exchange of information or data therewith. Such report should document, to the best of Your ability, the events that led up to the problems(s) with the Xtreme Broker Site and the manifestations of such problem(s). Xtreme Broker also encourages You to inform Xtreme Broker of Your opinions regarding the design of the Xtreme Broker Site and Services, its performance, its suitability for its projected use, its limitations, its appearance, its ease of access and use and the exchange of information and data with the Xtreme Broker Site. This information and any other comments, information, data or suggestions that You provide to Xtreme Broker shall be collectively referred to herein as Feedback. You acknowledge and agree that Xtreme Broker shall own all rights, title and interest in and to all Feedback, including without limitation, any ideas, concepts, know-how, or techniques contained in such Feedback, and Xtreme Broker shall be free to reproduce, use, disclose, exhibit, display, perform, transform, create derivative works based on such Feedback, distribute, offer for sale, sell, transfer and assign such Feedback to others, without limitation. Xtreme Broker shall have no obligation to keep confidential any Feedback. This section does not affect Your obligation to keep such Feedback confidential pursuant to the confidentiality requirements of these Terms of Use.

LICENSEE REPRESENTATIONS

Licensee represents and warrants that

(i) You are an individual that resides in, or a business entity with, a principal place of business in the Territory;

(ii) You are authorized to agree to these Terms of Use and perform the obligations set forth in these Terms of Use;

(iii) You will only use the Services solely for the purpose authorized pursuant to these Terms of Use;

(iv) You will not provide any information You obtain from the Xtreme Broker Site to third parties, other than as quotes to Your business customers,

(v) all information provided to Xtreme Broker in connection with these Xtreme Broker, including, without limitation, registration information and content is true, correct and accurate. PRODUCT, SERVICE AND TECHNICAL INFORMATION ON THE Xtreme Broker SITE. Xtreme Broker has made a conscientious effort to display and describe the products, services and related specifications available on the Xtreme Broker accurately and completely. However, the detail and accuracy of the image and specifications of products that You see as a visitor to the Xtreme Broker Site will depend on a number of things, including Your computer equipment and Internet connections. Consequently, Xtreme Broker cannot and does not guarantee that the product images, services or specifications displayed or described to You on the Xtreme Broker Site are or will remain accurate in every detail. Furthermore, Xtreme Broker is constantly updating the products services depicted on the Xtreme Broker Site in response to the technological advancements made in the industry. You agree that the technical information, opinions, recommendations and other information made available to You on the Xtreme Broker Site and other sites to which the Xtreme Broker Site is linked, including recommendations regarding product selections, are not reasonable substitutes for thorough consultation with appropriately trained professionals familiar with Your particular needs and circumstances.

The products and services depicted on the Xtreme Broker Site are available only while supplies last. Xtreme Broker reserves the right to discontinue the offering for sale of any product or service at any time, without notice. Xtreme Broker is not a party to any sales or other transaction that You may make with a customer by phone, online, or otherwise. Xtreme Broker, therefore, does not guarantee that any customer will honor any commitment, promise, or other obligation to You.

YOU ACKNOWLEDGE THAT ANY QUOTES PROVIDED BY THE Xtreme Broker SITE ARE VALID ONLY UNTIL MIDNIGHT EASTERN STANDARD TIME OF THE DAY YOU REQUESTED THE QUOTE. Xtreme Broker IS NOT RESPONSIBLE FOR ANY PRICE CHANGE THAT OCCURS AFTER THAT TIME.

LINKS TO THE ROAD XTREME BROKER SITE

You agree not to establish a hypertext link to the Xtreme Broker Site or any pages hereof without Xtreme Broker prior written consent.

INDEMNIFICATION BY YOU

You agree to indemnify, defend and hold harmless Xtreme Broker, its employees, directors, officers, agents, parents, subsidiaries and affiliates from and against any and all claims, demands, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to Your unauthorized use of the Xtreme Broker Site or the material provided therein, any breach by You of these Terms of Use and any claim that You have violated anothers privacy rights by collecting or using information about that person.

ELECTRONIC COMMUNICATIONS

When You visit the Xtreme Broker Site or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically.

NOTICES

Xtreme Broker may provide notices to You by email or regular mail. Such notices may include changes to the Services or these Terms of Service, and may refer to relevant links on the community intranet website. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

REVISIONS TO THE TERMS

Xtreme Broker may at any time and without notice revise these Terms of Use by updating this posting. You are bound by any such revisions by accessing and/or using the Xtreme Broker Site following such revisions and should therefore periodically visit this page to review the current Terms of Use.

QUESTIONS & COMPLAINTS

Xtreme Broker hopes that You are fully satisfied with the Xtreme Broker Services. Should You have any questions about the Services or be dissatisfied with any aspect of the Services, please email Your question or complaint to xtremebroker@yahoo.com

VIOLATIONS OF TERMS AND CONDITIONS OF SERVICE

Should You become aware of any violations of these Terms of Use, please email reports of such violations to xtremebroker@yahoo.com with the word violation in the subject of Your message.

INJUNCTIVE RELIEF

If You breach or threaten to breach these Terms of Use, You acknowledge and agree that Xtreme Broker will be greatly and irreparably damaged and that the damage will be difficult to quantify. Therefore, Xtreme Broker may apply to any court of competent jurisdiction for injunctive or equitable relief under this specific provision. Such a determination will not impair, invalidate, negate or void Xtreme Broker rights to relief in law or equity.