Copyright and Ownership of Site; Agreement to Terms of Use and Purchasing
Website contents copyright© 2003-2004 XleratedPC. All rights reserved. These Terms and Conditions of Use and Purchasing (the "Terms of Use") apply to the XleratedPC web site located at www.xleratedpc.com, and all associated pages and sites linked to www.xleratedpc.com by XleratedPC, and affiliates (collectively, "XleratedPC Site"). This includes but is not limited to all pages linked and associated with the sub-domain audio.xleratedpc.com and with the domain www.xleratedaudio.com. The XleratedPC Site is the property of St. Marys Computers ("XleratedPC"). All of its divisions are hereinafter referred to as "XleratedPC". BY USING THE XLERATEDPC SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE XLERATEDPC SITE.

XleratedPC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the XleratedPC Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, XleratedPC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the XleratedPC Site.

Fulfillment and Substitution
In complete product/system fulfillment, XleratedPC reserves the right to substitute for discontinued, unavailable or incompatible components with equivalent components of equal or greater value.

Order Processing
XleratedPC does everything possible to expedite your order's processing and fulfillment. Please note that XleratedPC does not process orders during weekends or Catholic and civil holidays.

Payment Methods
Payment may be made only via Visa, MasterCard, and Discover credit cards through the XleratedPC Internet Web Store. No other medium of transaction or payment method is accepted at XleratedPC. All payment and charges will be in U.S. Dollars. XleratedPC is unable to accept credit cards issued by banks outside of the United States.

Photography and Typography
All product photos are intended only for illustrative purposes. Photos displayed on website may contain extrinsic items that are not included in the particular or default configuration for that system or component. XleratedPC cannot be held responsible for errors in photography or typography.

Pricing and Availability
Pricing, configurations, and availability may change without notice. XleratedPC cannot be held responsible for pricing discrepancies due to errors in website functionality. Taxes and shipping charges are in addition to product price and are not shown until the final stages of purchase. Sales tax is added to all orders placed and/or shipped within the State of Kansas at the rate currently in effect on the date of invoice.

Sizing, Compatibility and Performance
For hard drives, a "GB" indicates 1 billion bytes and actual accessible capacity may vary with particular configuration. For CD-ROM, DVD-ROM, CD-R, CD-RW, DVD±R, and DVD±RW drive(s), maximum data transfer rates may vary and discs created with these drives may not be compatible with all other machines. For modems and network internal or external components, maximum attainable data transfer rates may vary.

Return, Refund and Warranty Policy
Read the XleratedPC Return Policy

Privacy and Security Policy
Read the XleratedPC Privacy Policy

Title and Risk of Loss
Title and risk of loss to all products, except software, will pass to you upon delivery. For software, title is retained by the licensing entity with whom the customer/end user enter into a licensing agreement. Upon delivery of software products the risk of loss passes to the customer.

Governing Law: Dispute Resolution, Forum Clause and Choice of Law
You agree that all matters relating to your access to or use of the XleratedPC Site and any and all of its products, including all disputes, will be governed by the laws of the United States and by the laws of the State of Kansas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Pottawatomie County, Kansas, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses and the exact purchase price for any actual purchases, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between XleratedPC and you arising out of or in connection with your use of the XleratedPC Site and/or purchased product(s), the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Trademarks
All registered trademarks and trademarks are the property of their respective owners.