Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

 By using this site you signify your acceptance of these terms of use. If you do not agree to these terms of use, please do not use this site. We reserve the right to change, modify, add to, or remove portions of these terms at any time. Please check these terms regularly to ensure you’re aware of any changes. Your continued use of Xtreme Advantage following the posting of changes to these terms (including the Xtreme Advantage Privacy Policy) means you accept any changes made to the site.

Copyright - Restrictions on use of Materials

This site is owned and operated by Xtreme Advantage. No material from Xtreme Advantage, or from any website owned, operated, licensed or controlled by Xtreme Advantage, may be copied, reproduced, republished, uploaded, reposted, transmitted, or distributed in any form. You may, however, download one copy of the materials on any single computer for your personal use only. All copyright and other proprietary notices must be kept intact. Modification of the materials or use of the materials for any other purpose is a violation of Xtreme Advantage’s copyright and proprietary rights. The use of such material on any other website or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to Xtreme Advantage.

Submissions

While Xtreme Advantage welcomes guest feedback on our services and products, we request that you be specific in your comments.

If, at our request, you send certain specific submissions (i.e. postings to chat areas, bulletin boards or contests) or, without us requesting, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain the property of Xtreme Advantage. None of the Submissions shall be subject to any obligation or confidence on the part of Xtreme Advantage. Xtreme Advantage shall not be liable for any use or disclosure of any Submissions.

Without limitation of the foregoing, Xtreme Advantage shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the Submissions provider.

 Forum and Public Communications

“Forum” means a chat area, bulletin board, or email function offered as part of Xtreme Advantage. You shall not upload to, distribute through, or otherwise publish through Xtreme Advantage, any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability, or violates any law.

The Xtreme Advantage Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Xtreme Advantage members or guests to join or become members of any commercial online service or other organisation is expressly prohibited.

It is our policy to respect the privacy of all Xtreme Advantage guests. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a Xtreme Advantage guest’s email unless required in the course of normal maintenance of Xtreme Advantage and its systems, or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Xtreme Athletes; (2) protect and defend the rights or property of Xtreme Advantage; or (3) act in an emergency to protect the personal safety of our guests or the public. Xtreme Advantage guests shall remain solely responsible for the content of their messages.

 By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials, or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

Content Linked to Xtreme Advantage

 Xtreme Advantage encourages you to exercise discretion when browsing the Internet for content linked in conjunction with our site. Xtreme Advantage is not, and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in our search results, or otherwise linked to the Xtreme Advantage site.

 Termination

These terms are effective until terminated by either party. You may terminate your acceptance of these terms at any time by destroying all materials obtained from any and all Xtreme Advantage sites, along with all related documentation and all copies and installations thereof, whether made under the conditions of these terms of service or otherwise. The conditions of these terms will terminate immediately and without notice if, at Xtreme Advantage’s sole discretion, you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under the conditions of these terms or otherwise.

Disclaimer

The materials in this site are provided “as is” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Xtreme Advantage disclaims all warranties, express or implied, including, but not limited to, implied warranties concerning merchandise and fitness for a particular purpose. Xtreme Advantage does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, or the server that makes it available, is free from viruses or other harmful components. Xtreme Advantage does not warrant or make any representations regarding the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Xtreme Advantage) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

 Under no circumstances, including, but not limited to, negligence, shall Xtreme Advantage be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Xtreme Advantage's total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount paid by you, if any, for accessing this site.

Other

These terms shall be governed by and construed in accordance with the laws of the State of Queensland, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of, or relating to these terms shall be filed only in the state or federal courts located in Queensland, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties