Terms & Conditions
Disclaimer of Warranties and Limaatation of Liability
Your use of Xcellent Computer Web Site or Xcellent Computer's services in person constitutes your agreement to and acceptance of the additional terms and conditions.
Unless the context clearly requires otherwise, as used in this Disclaimer and Limitation of Liability, the name "," standing alone (as opposed to being used as a modifier in a phrase such as "Xcellent Computer ") shall be construed to include all of the following entities and persons: Xcellent Computer, its parents, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its licensees, its contractors, their respective agents and employees, and all their respective heirs, successors, and assigns.
Limitation of liabilityXcellent Computer's entire liability and your exclusive remedy with respect to use of Xcellent Computer's and any components of Xcellent Computer Web Site, as well as Xcellent Computer liability to you for breach of the General Terms of Service are limited solely to the amounts you have paid to Xcellent Computer. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Xcellent Computer's liability is limited to the extent permitted by law.
In no event shall Xcellent Computer be held liable for costs or procurement of substitute goods or services, lost profits, lost data, business interruption, attorneys' fees or any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any kind of damages whatsoever, even if Xcellent Computer has been advised of the possibility of such damages, whether in an action under contract, negligence, tort or any other legal or equitable theory of recovery, arising out of or in connection with the use, inability to use or performance of the information, merchandise, and materials available from Xcellent Computer Web Site, or any part thereof, or your reliance on or use of information, services, or merchandise provided on or through Xcellent Computer, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, any failure of performance, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of your account, whether for breach of contract, negligence or under any other cause of action. In the event Xcellent Computer is found liable under any circumstance under the terms of this agreement, Xcellent Computer's liability shall be limited to the liability as stated in this disclaimer.