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exclusions, disclaimers, and limitations of
liability
before purchasing any products from xsubc electronics, llc, please carefully read the following terms and conditions in their entirety. having had the opportunity to read these terms and conditions beforehand, if you then purchase products from xsubc electronics, llc, you acknowledge your acceptance of, and agree to be bound by, all of the following terms and conditions: definitions 1) the word "or" includes the word "and". 2) "xsubc" or "company" means xsubc electronics, llc, or any of its subsidiaries, affiliates, or successors. 3) the words "you" and "your" means any customer, client, user, or person purchasing, owning, or operating products manufactured or sold by xsubc. if you are representing or acting on behalf of a corporation, partnership, trust, group, or other entity, "you" and "your" extends to include that corporation, partnership, trust, group, or other entity. 4) "as is" means that the entire product risk falls on you as the buyer, owner, or operator of the product. exclusions and disclaimers the following exclusions and disclaimers apply to all products manufactured or sold by xsubc: - used, refurbished, or reconditioned products have no warranty coverage, and are sold as is; - promotional or free products have no warranty coverage, and are offered as is; - xsubc does not ship products internationally at this time, and is not responsible for products used outside the usa; - xsubc is not responsible for any damage to any other device(s) or equipment connected to, or used in conjunction with, any product manufactured or sold by xsubc; - xsubc shall not be held responsible for any damage caused during shipping; - xsubc shall not be held liable for any unintentional errors or omissions in manuals, sales brochures, or any other product literature; - xsubc shall not be held liable for any damages caused by product abuse, misuse, or negligence, including, but not limited to, improper installation or maintenance, operated beyond published specifications, or failure to operate it in accordance with the owner's manual; - xsubc shall not be held liable for any damages caused as a direct result of the product being connected to, or used in conjunction with, unauthorized, unqualified, or third party devices or equipment; - xsubc shall not be held liable for any damages caused by the product being operated in an unlawful manner or for an unlawful purpose; - xsubc shall not be held liable for any damages, injuries, deaths, claims, or losses caused by the product failing in any life support or other mission critical application; - xsubc shall not be held liable for any damages caused as a direct result of the product being repaired, modified, or otherwise altered in any way by someone other than xsubc; - xsubc shall not be held liable for any products resulting from consulting or sub-contracting work performed by xsubc for other organizations; - no statement, whether expressed or implied, provided by xsubc, either written or orally, shall constitute or create any warranty regarding any product's merchantability or fitness for a particular purpose; - no statement, whether expressed or implied, provided by xsubc, either written or orally, shall constitute or create any warranty regarding the products manufactured or sold by xsubc, except as expressly stated herein and in the xsubc limited warranty terms and conditions; - xsubc reserves the right to discontinue or change products or specifications (including, but not limited to, the design, hardware, software, firmware, features, functionality, manufacturing, or any other product related characteristic) at any time without notice and without incurring any obligation to upgrade, retrofit, substitute, replace, or otherwise incorporate those changes in products sold prior to when the changes were made; and - products manufactured or sold by xsubc should not be used by minors (under 18 years of age) unless done so under the direct supervision of a parent, guardian, or other responsible adult (18 years of age or older) with the parent's or guardian's full knowledge and permission. xsubc disclaims all implied warranties for any product(s) sold or offered as is, including, without limitation, implied warranties of mechantability and fitness for a particular purpose. limitations of liability to the full extent allowed by law, you or any associated party agree: (1) not to hold xsubc or any of its officers, members, executives, managers, employees, or other representatives liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages, injuries, deaths, claims, or losses (actual, intangible, economic, or otherwise) of any nature arising from any cause whatsoever, including, but not limited to, the use or misuse of products manufactured or sold by xsubc; and (2) that the sole and exclusive maximum liability to xsubc shall not exceed the original price paid for the product(s) in question. all of the foregoing applies whether or not xsubc or any associated parties were aware or advised of the possibility of such losses or damages, even in the event of fault, tort, negligence, misrepresentation, breach of warranty or contract, product or strict liability, or any other reason, and even if any remedy fails of its essential purpose. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. severability if a clause, sentence, paragraph, section, provision, or statement contained herein is found by a court of competent jurisdiction to be legally invalid, in whole or in part, the rest of the terms and conditions remain in effect. governing law you agree that the laws of the state of new jersey, and of the united states of america, shall govern all matters arising out of or relating to these terms and conditions, and that any action, suit, or other legal proceedings commenced to resolve any matter arising between you and xsubc with regard to these terms and conditions shall only be done so in a court of the state of new jersey or, if appropriate, a federal court located within new jersey, and all parties involved consent to the jurisdiction of such a court. state laws these terms and conditions detail specific legal rights. you may have other rights which vary from state-to-state that may append, amend, limit, disallow, or otherwise alter specific provisions within these terms and conditions. effective date this product liability policy is effective as of october 1, 2020. changes and questions changes and questions xsubc reserves the right to change these terms and conditions, or any other xsubc policy, at any time without notice, and you agree to be bound by any such changes. therefore, frequent visitors to this website should periodically review these terms and conditions for changes. if you have questions or comments regarding this website, these terms and conditions, or any other xsubc policy, please email us at admin@xsubc.com or through postal mail at: xsubc electronics, llc p.o. box 417 mount arlington, nj 07856-0417 copyright (c) 2006-2020 by xsubc electronics, llc. all rights reserved. before using this website you must read and agree with the terms of use and privacy policy. before buying anything from xsubc electronics, llc you must read and agree with the product liability and limited warranty terms and conditions. all of these are accessible through the ‘legal notices' link above or on the home page. "xsubc" is a registered trademark of xsubc electronics, llc. "xsubc electronics", "excitement in electronics", "enhanced equipment solutions", and the "xc" logo are all trademarks of xsubc electronics, llc. prices, specifications, and availability are subject to change without notice. xsubc does not ship products internationally at this time. |