1. General / Overview
The following General Terms and Conditions shall apply exclusively to the business relationship between the website www.xubees.com ("Xubees") and the users on of Xubees. By using Xubees, the user accepts the following General Terms and Conditions, as well as the manner in which Xubees operates as described on the website www.xubees.com. Variations or alterations in the following Terms and Conditions shall be binding upon users once notification has been sent via email.
Any special promotions run by Xubees shall only be valid if they are announced on Xubees's website or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, and details of any such timings will be announced on the website or in a newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant drawing or drawings have ended, the promotion is also finished.
Any advice or other written materials posted on Xubees are provided solely as suggestions and are not intended to be relied upon. Xubees is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.
2. Eligibility to Participate / Registration with Xubees / Disqualification
By committing a ticket into a drawing ("Xubee") with Xubees, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old (unless stated differently according to state or local laws).
Employees and relatives of employees of Xubees.com are not eligible to participate in Xubees' drawings under any circumstances.
Xubees' products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. Xubees reserves the right to exclude commercial resellers from the participation in the drawings and to close their user accounts at any time.
Each user may register only once using their postal address (registration using PO Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted.
During the registration process, the user must choose a username. The username must not be offensive, be selected to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If Xubees receives information of a username which is illegal or in breach of these Terms, this username can be amended by Xubees without prior notice. The corresponding user password is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Xubees, shall result in the disqualification of the user and the reporting of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password. If any of these terms are broken, Xubees' has the right to suspend or perminately disable any account. If this happens, any available drawing tickets ("Xubees") will be forfeited by the user.
Xubees reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of Xubees, a member has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of Xubees. Examples of such unauthorized usage include (but are not limited to) use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these Terms, Xubees reserves the right to withhold deliveries or refunds for bids.
Furthermore, Xubees reserves the right to limit the number of drawings a user may participate in or the number of his successfully finished drawings at its sole discretion. Please refer to our separate acceptable use policy for additional information.
3. Xubee Purchasing for Online Drawings / Payment / Validity of Xubees
Drawing rights, so-called 'Xubees', must be purchased and paid for by users prior to participating in a drawing unless the user is using their right to enter the drawing for free. In order to obtain a free (no purchase necessary) ticket, Xubees.com must receive a mailed in form (via the United States Postal Service, Federal Express, or UPS) from the registered user to Xubees within 36 hours of tickets being available. This mailed package must contained a fully completed submission form (available here). If the submission for is not filled out entirely, the submission will be voided an no free entry will be given to the submitter. The form sender will be given only one Xubee per form submission. Commitments can, however, be purchased in packages (so-called 'Xubee Packs') at the currently applicable prices.
Payment can be made by credit/debit card or via other payment methods approved by Xubees.com.
Should a payment not be honored by a user, a returned payment fee will be charged. The user will be responsible for these fees. Xubees reserves the right to block access to the user's account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.
Bids and Voucher Bids are valid forever after they have been credited to a user's account.
Once a Xubee commitment is placed in a drawing, it is deducted from the user's Xubee account and can no longer be refunded. Refunds will not be issued for Bids placed in an drawing.
4. Committing Xubees Towards A Drawing
Users can commit Xubees by viewing the items description page, entering in a number, and clicking the "Xubee!" button. The user is prohibited from using any third party software not authorized by Xubees, and doing so will result in immediate disqualification from use.
5. How The Drawings Work
With each Xubee placed the number of available tickets left drops. A commitment of a Xubee submitted by the user constitutes willingness of a user to enter into a binding contract with Xubees and in the event of a successful finishing of a drawing, the claim to receive a win notification and request for address verification. If the winning user does not validate their mailing address, the item will not be sent out.
The drawing ends when the available Xubees reaches zero. Once a drawing ends, each committed Xubee will be noted based on a unique number. Then, one number will be drawn randomly. Whichever user the number matches up to is the winner. Xubees ensures it's users that winner are drawn using a complex algorith that helps ensure a complete random winner.
6. Acceptance of the Win / Payment
After a drawing has ended and a winner is chosen, an email notification will be sent out to the winning user. In the email, information such as the item won and retail price will be displayed. The user must actively confirm their shipping address by following the steps indicated within the email. Once the winner has verified their address, the win is accepted. Once the win is accepted, the item is shipped to the winner at the expense of Xubees. If a drawing win has not been confirmed within 21 days of the drawing end date, Xubees reserves the right to conclude the contract and the winner's right to receive the item. All commitments, once made towards a drawing are non-refundable.
7. Returns and Cancellations
Xubees grants winners the right to cancel a win. This right is unconditional and begins from the moment the contract is concluded. If a user cancels a contract to which the cancellation provisions apply they will be awarded seventy-five (75) percent of the items retail value by means of Xubees added to their account. Commitments placed towards a drawing are not eligible for a refund.
If a user wishes to cancel the contract, they must inform Xubees in writing (by letter or email), that they want to cancel within the time period noted above.
The following contact details must be used for canceling acceptance of a win: item identification number of item in question, winning user's account name, winning user's full name, and winning user's shipping address. Should any of these pieces not be given to Xubees within the allowed time, no cancellation will be allowed.
8. Delivery
Unless otherwise stated, delivery will be made directly from a suppliers to the address provided by the user within their user settings. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions may apply if the delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the drawings in advance. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Xubees shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Xubees upon taking delivery and is only open for discussion twenty for hours after delivery of the item.
Should Xubees not be able to deliver the item ordered, Xubees shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the drawing end price to the user based upon the user's preference. Should this occur, the winning user will receive an email notification.
9. Offsetting
The user shall only have the right to offset if his or her counterclaims are not disputed by Xubees.
10. Disclaimer of Warranty and Limitation of Liability regarding the Use of Xubees.
USER EXPRESSLY AGREES THAT USE OF XUBEES IS AT USER'S SOLE RISK. NEITHER XUBEES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT XUBEES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF XUBEES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH XUBEES.
XUBEES IS PROVIDED ON AN 'AS IS' BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, XUBEES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR 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, XUBEES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT XUBEES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL XUBEES, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A XUBEES drawing, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE XUBEES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON XUBEES. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, XUBEES, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED XUBEES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, XUBEES, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
11. Disclaimer of Warranty and Limitation of Liability regarding Purchases from Xubees.
All new products are sold with the manufacturer's limited warranty only. Xubees warrants solely that the products sold to user under these terms shall have the characteristics specified in Xubees's specifications for such Products as set forth in the description of each drawing and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Xubees. Warranty is excluded for the delivery of any used Products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE XUBEES MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY XUBEES OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
XUBEES SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY XUBEES. IN NO EVENT SHALL XUBEES BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
12. System Outage / Temporarily Halted drawings
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, drawings will be temporarily halted. After the disruption has been resolved, the drawings will be continued. Temporarily halted drawings are clearly indicated. Bids placed on a temporarily halted drawing shall not be credited back on a user's account and are not eligible for a refund for bids used or other costs incurred.
With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as 'technical faults'). Xubees, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, but not subject to, the provisions of clause number 10, Xubees shall not be liable for any damage whatsoever incurred by drawing users or third parties from using Xubees's services. In particular, Xubees shall not be liable for damage that occurs due to bids submitted by drawing users not being received by Xubees or not being received promptly or not being considered, as a consequence of technical faults.
13. Service and Support for Products Won
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
14. Applicable Law / Severability Clause
This Terms of Use Agreement and your use of the website shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. The UN Convention on the International Sale of Goods shall not apply.
15. Protection of Data: Collection, Processing, and Use of our Customers' Personal Information
The protection of your data is very important to us.
For more information on the collection, processing, and use of personal data, please read our Privacy Policy.
16. External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the Xubees website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.
17. General
The contract between Xubees and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without Xubees's prior written consent.
Xubees has the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting Xubees's business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Xubees's system capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Xubees website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or Xubees notifies its users of the changes to such policies or General Terms and Conditions before Xubees sends information relating to dispatch (in which case Xubees has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items).
Xubees is the owner or licensee of all intellectual property rights on the Xubees website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the Xubees website for commercial purposes.
This Agreement and any operating rules for Xubees established by Xubees constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
The following General Terms and Conditions shall apply exclusively to the business relationship between the website www.xubees.com ("Xubees") and the users on of Xubees. By using Xubees, the user accepts the following General Terms and Conditions, as well as the manner in which Xubees operates as described on the website www.xubees.com. Variations or alterations in the following Terms and Conditions shall be binding upon users once notification has been sent via email.
Any special promotions run by Xubees shall only be valid if they are announced on Xubees's website or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, and details of any such timings will be announced on the website or in a newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant drawing or drawings have ended, the promotion is also finished.
Any advice or other written materials posted on Xubees are provided solely as suggestions and are not intended to be relied upon. Xubees is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.
2. Eligibility to Participate / Registration with Xubees / Disqualification
By committing a ticket into a drawing ("Xubee") with Xubees, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old (unless stated differently according to state or local laws).
Employees and relatives of employees of Xubees.com are not eligible to participate in Xubees' drawings under any circumstances.
Xubees' products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. Xubees reserves the right to exclude commercial resellers from the participation in the drawings and to close their user accounts at any time.
Each user may register only once using their postal address (registration using PO Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted.
During the registration process, the user must choose a username. The username must not be offensive, be selected to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If Xubees receives information of a username which is illegal or in breach of these Terms, this username can be amended by Xubees without prior notice. The corresponding user password is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Xubees, shall result in the disqualification of the user and the reporting of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password. If any of these terms are broken, Xubees' has the right to suspend or perminately disable any account. If this happens, any available drawing tickets ("Xubees") will be forfeited by the user.
Xubees reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of Xubees, a member has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of Xubees. Examples of such unauthorized usage include (but are not limited to) use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these Terms, Xubees reserves the right to withhold deliveries or refunds for bids.
Furthermore, Xubees reserves the right to limit the number of drawings a user may participate in or the number of his successfully finished drawings at its sole discretion. Please refer to our separate acceptable use policy for additional information.
3. Xubee Purchasing for Online Drawings / Payment / Validity of Xubees
Drawing rights, so-called 'Xubees', must be purchased and paid for by users prior to participating in a drawing unless the user is using their right to enter the drawing for free. In order to obtain a free (no purchase necessary) ticket, Xubees.com must receive a mailed in form (via the United States Postal Service, Federal Express, or UPS) from the registered user to Xubees within 36 hours of tickets being available. This mailed package must contained a fully completed submission form (available here). If the submission for is not filled out entirely, the submission will be voided an no free entry will be given to the submitter. The form sender will be given only one Xubee per form submission. Commitments can, however, be purchased in packages (so-called 'Xubee Packs') at the currently applicable prices.
Payment can be made by credit/debit card or via other payment methods approved by Xubees.com.
Should a payment not be honored by a user, a returned payment fee will be charged. The user will be responsible for these fees. Xubees reserves the right to block access to the user's account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.
Bids and Voucher Bids are valid forever after they have been credited to a user's account.
Once a Xubee commitment is placed in a drawing, it is deducted from the user's Xubee account and can no longer be refunded. Refunds will not be issued for Bids placed in an drawing.
4. Committing Xubees Towards A Drawing
Users can commit Xubees by viewing the items description page, entering in a number, and clicking the "Xubee!" button. The user is prohibited from using any third party software not authorized by Xubees, and doing so will result in immediate disqualification from use.
5. How The Drawings Work
With each Xubee placed the number of available tickets left drops. A commitment of a Xubee submitted by the user constitutes willingness of a user to enter into a binding contract with Xubees and in the event of a successful finishing of a drawing, the claim to receive a win notification and request for address verification. If the winning user does not validate their mailing address, the item will not be sent out.
The drawing ends when the available Xubees reaches zero. Once a drawing ends, each committed Xubee will be noted based on a unique number. Then, one number will be drawn randomly. Whichever user the number matches up to is the winner. Xubees ensures it's users that winner are drawn using a complex algorith that helps ensure a complete random winner.
6. Acceptance of the Win / Payment
After a drawing has ended and a winner is chosen, an email notification will be sent out to the winning user. In the email, information such as the item won and retail price will be displayed. The user must actively confirm their shipping address by following the steps indicated within the email. Once the winner has verified their address, the win is accepted. Once the win is accepted, the item is shipped to the winner at the expense of Xubees. If a drawing win has not been confirmed within 21 days of the drawing end date, Xubees reserves the right to conclude the contract and the winner's right to receive the item. All commitments, once made towards a drawing are non-refundable.
7. Returns and Cancellations
Xubees grants winners the right to cancel a win. This right is unconditional and begins from the moment the contract is concluded. If a user cancels a contract to which the cancellation provisions apply they will be awarded seventy-five (75) percent of the items retail value by means of Xubees added to their account. Commitments placed towards a drawing are not eligible for a refund.
If a user wishes to cancel the contract, they must inform Xubees in writing (by letter or email), that they want to cancel within the time period noted above.
The following contact details must be used for canceling acceptance of a win: item identification number of item in question, winning user's account name, winning user's full name, and winning user's shipping address. Should any of these pieces not be given to Xubees within the allowed time, no cancellation will be allowed.
8. Delivery
Unless otherwise stated, delivery will be made directly from a suppliers to the address provided by the user within their user settings. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions may apply if the delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the drawings in advance. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Xubees shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Xubees upon taking delivery and is only open for discussion twenty for hours after delivery of the item.
Should Xubees not be able to deliver the item ordered, Xubees shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the drawing end price to the user based upon the user's preference. Should this occur, the winning user will receive an email notification.
9. Offsetting
The user shall only have the right to offset if his or her counterclaims are not disputed by Xubees.
10. Disclaimer of Warranty and Limitation of Liability regarding the Use of Xubees.
USER EXPRESSLY AGREES THAT USE OF XUBEES IS AT USER'S SOLE RISK. NEITHER XUBEES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT XUBEES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF XUBEES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH XUBEES.
XUBEES IS PROVIDED ON AN 'AS IS' BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, XUBEES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR 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, XUBEES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT XUBEES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL XUBEES, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A XUBEES drawing, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE XUBEES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON XUBEES. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, XUBEES, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED XUBEES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, XUBEES, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
11. Disclaimer of Warranty and Limitation of Liability regarding Purchases from Xubees.
All new products are sold with the manufacturer's limited warranty only. Xubees warrants solely that the products sold to user under these terms shall have the characteristics specified in Xubees's specifications for such Products as set forth in the description of each drawing and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Xubees. Warranty is excluded for the delivery of any used Products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE XUBEES MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY XUBEES OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
XUBEES SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY XUBEES. IN NO EVENT SHALL XUBEES BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
12. System Outage / Temporarily Halted drawings
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, drawings will be temporarily halted. After the disruption has been resolved, the drawings will be continued. Temporarily halted drawings are clearly indicated. Bids placed on a temporarily halted drawing shall not be credited back on a user's account and are not eligible for a refund for bids used or other costs incurred.
With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as 'technical faults'). Xubees, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, but not subject to, the provisions of clause number 10, Xubees shall not be liable for any damage whatsoever incurred by drawing users or third parties from using Xubees's services. In particular, Xubees shall not be liable for damage that occurs due to bids submitted by drawing users not being received by Xubees or not being received promptly or not being considered, as a consequence of technical faults.
13. Service and Support for Products Won
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
14. Applicable Law / Severability Clause
This Terms of Use Agreement and your use of the website shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. The UN Convention on the International Sale of Goods shall not apply.
15. Protection of Data: Collection, Processing, and Use of our Customers' Personal Information
The protection of your data is very important to us.
For more information on the collection, processing, and use of personal data, please read our Privacy Policy.
16. External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the Xubees website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.
17. General
The contract between Xubees and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without Xubees's prior written consent.
Xubees has the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting Xubees's business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Xubees's system capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Xubees website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or Xubees notifies its users of the changes to such policies or General Terms and Conditions before Xubees sends information relating to dispatch (in which case Xubees has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items).
Xubees is the owner or licensee of all intellectual property rights on the Xubees website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the Xubees website for commercial purposes.
This Agreement and any operating rules for Xubees established by Xubees constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
