Welcome to Xchange Mall, operated by State-of-the-Art Technologies, Inc. (â€śus,â€ť â€śwe,â€ť the â€śCompanyâ€ť or â€śXchangeâ€ť).
We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on our platform and also on xchange.world, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
You must be at least 13 years of age to create an account on Xchange and use all parts of the Service with the exception of the Social/Dating section. You must be at least 18 years of age to use the Social/Dating section of the Service.
By creating an account and using the Service, you represent and warrant that:
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Xchange Mall, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact email@example.com
You own all of the content and information you post on Xchange Mall, and you can control how it is shared through your privacy and application settings. In addition:
We do our best to keep Xchange Mall safe, but we cannot guarantee it. We need your help to keep Xchange Mall safe, which includes the following commitments by you:
3. Nudity and/or sexually explicit content are not tolerated on Xchange Mall. Photos that violate these guidelines will be deleted, and may result in account removal.
4. We do not tolerate violent, graphic or obscene photos or profiles containing hate speech on Xchange, and such content will be removed. Any content that we deem disrespectful to others in the community may be removed, and the user banned, depending on its severity.
5. If it doesnâ€™t belong to you, it doesnâ€™t belong on Xchange. Any of your profile content that someone else owns the copyright to (and has not granted you authorization to use) may be deleted.
6. If you wouldnâ€™t say it to someoneâ€™s face, donâ€™t say it on Xchange. Keep in mind, there is a human being on the other end of your screen. Be respectful with anyone you interact with in the Xchange community. If you are disrespectful, offensive, threatening or rude to another user, we reserve the right to ban you from Xchange Mall
7. Xchange Mall has a zero-tolerance policy on hate speech. Any content that promotes or condones violence against individuals or groups based on race or ethnicity, religion, disability, gender, age, nationality, sexual orientation or gender identity is strictly forbidden and may result in you being permanently banned.
8. Any reports of stalking, threats, bullying, intimidation, invading privacy, or revealing other people's personal information are taken very seriously. That means no taking screenshots of other peopleâ€™s profiles or conversations and posting or distributing them publicly. Xchange Mall reserves the right to ban any user that has exhibited behavior that is threatening, intentionally malicious, or harmful to other users.
9. Xchange Mall has a zero-tolerance policy on predatory behavior of any kind. Anyone attempting to get other usersâ€™ private information for fraudulent or illegal activity may be banned. Also, any user caught sharing their own financial account information (e.g. PayPal, Zelle, etc.) for the purpose of receiving money from other users may be banned from Xchange Mall
10. Donâ€™t be fake and do not post fake profiles or misrepresent pictures of someone else as yourself. That is a crime. Soliciting other users is prohibited on Xchange Mall. If the purpose of your message is to drive people to external websites via a link or otherwise, it is a violation of our terms of service and will get you banned from Xchange Mall.
Xchange Mall users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
We respect other people's rights, and expect you to do the same.
If you make a payment on Xchange Mall, you agree to our Payment and Purchase Terms unless it is stated that other terms apply.
If you are a developer or operator of a Platform application or website or if you use Social Plugins, you must comply with the Xchange Mall Platform Policy.
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the â€śSelf-Serve Ad Interfacesâ€ť), you agree to our Self-Serve Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on Xchange Mall or our publisher network will comply with our Advertising Policies.
If you create or administer a Page on Xchange Mall, or run a promotion or an offer from your Page, you agree to our Pages Terms.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Xchange Mall to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 14-18.
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Xchange Mall outside the United States:
Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with Xchange Mall, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Xchange Mall content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Xchange Mall's policies or rules referenced above ("Prohibited Content"). You agree not to abuse Xchange Mall's flagging or reporting processes. You agree not to collect Xchange Mall user information or interfere with Xchange Mall. You agree we may moderate Xchange Mall access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
LIQUIDATED DAMAGES. You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting Xchange Mall users' information, including personal or identifying information - $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of Xchange Mall without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of Xchange Mall - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of Xchange Mall - the price per post applicable to that section of Xchange Mall; (F) sending an unauthorized/unsolicited email to an email address obtained from Xchange Mall - $25 per violation; (G) using XCH Xchange Mall user information to make/send an unauthorized/unsolicited text message, call, or communication to a Xchange Mall user - $500 per text/call/communication; (H) creating a misleading or unlawful Xchange Mall account or buying/selling a Xchange Mall account - $4 per violation; (I) abusing or attempting to abuse Xchange Mall 's flagging or reporting processes - $1 per violation; (J) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting Xchange Mall content for any purpose without our express written consent - $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of Xchange Mall in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts - $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
Fees. You authorize us to charge your account for Xchange Mall fees in paid areas. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
Xchange Mall is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in â€śDashboardâ€ť in the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play). Xchange Mall may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Xchange Mall: Section 5, Section 6, and Sections 13 through 20.
Though Xchange Mall strives to encourage a respectful user experience throughout the platform, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Xchange Mallâ€™s Safety Tips, located on xchange.world, prior to using the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT XCHANGE MALL DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. XCHANGE MALL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. XCHANGE MALL RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
Xchange Mall grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sub-licensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Servicesâ€™ benefits as intended by Xchange Mall and permitted by this Agreement. Therefore, you agree not to:
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you, may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your deviceâ€™s settings.
By creating an account, you grant to Xchange Mall a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Xchange Mall, as well as any information you post, upload, display or otherwise make available (collectively, â€śpostâ€ť) on the Service or transmit to other users (collectively, â€śContentâ€ť). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Xchange Mall users).
You agree that all information that you submit upon creation of your account, including information submitted from your Xchange Mall account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Xchange Mall above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for Xchange Mall allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to Xchange Mall regarding our Services, you agree that Xchange Mall may use and share such feedback for any purpose without compensating you.
You agree that Xchange Mall may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
By using the Services, you agree that you will not:
Xchange Mall reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that Xchange Mall regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
Although Xchange Mall reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Xchange Mall cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via firstname.lastname@example.org.
In App Purchases. From time to time, Xchange Mall may offer products and services for purchase (â€śin app purchasesâ€ť) through iTunes, Google Play or other application platforms authorized by Xchange Mall (each, a â€śSoftware Storeâ€ť). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (â€śyour IAP Accountâ€ť), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Xchange Mall application from your device. Deleting your account on Xchange Mall or deleting the Xchange Mall application from your device does not cancel your subscription; Xchange Mall will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
If you choose to make a purchase through Xchange Mall, you agree to pay Xchange Mall all charges at the prices displayed to you for the services youâ€™ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Xchange Mall to charge your chosen payment provider (your â€śPayment Methodâ€ť). Xchange Mall may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Xchange Mall may terminate your account immediately in its sole discretion.
If you purchase a subscription through Xchange Mall , your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to â€śMy Profileâ€ť on Xchange Mall and follow the instructions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You may edit your Payment Method information by visiting Xchange Mall and going to â€śMy Profile.â€ť If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to Xchange Mall will be through MTCH Technology Services Limited.
Virtual Items. From time to time, you may be able to purchase, with â€śreal worldâ€ť money, a limited, personal, non-transferable, non-sublicensable, revocable license to use â€śvirtual items,â€ť (collectively, â€śVirtual Itemsâ€ť). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Xchange Mall ceases providing the Service or your account is otherwise closed or terminated. Xchange Mall , in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Xchange Mall may manage, regulate, control, modify or eliminate Virtual Items at any time. Xchange Mall shall have no liability to you or any third party in the event that Xchange Mall exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by Xchange Mall that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT XCHANGE MALL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
For Xchange Mall Plus subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Xchange Mall ) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
Notice of claims of copyright infringement should be provided to the Companyâ€™s Copyright Agent via email to email@example.com, by phone to +1 310 345-0899 or via mail to the following address:
Copyright Compliance Department c/o State-of-the-Art Technologies, Inc, 4019 W. Rosecrans Ave, Hawthorne, CA 90250
Xchange Mall will terminate the accounts of repeat infringers.
XCHANGE MALL PROVIDES THE SERVICE ON AN â€śAS ISâ€ť AND â€śAS AVAILABLEâ€ť BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XCHANGE MALL DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
XCHANGE MALL TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Xchange Mall is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such partyâ€™s terms will govern their relationship with you. Xchange Mall is not responsible or liable for such third partiesâ€™ terms or actions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XCHANGE MALL , ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF XCHANGE MALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL XCHANGE MALL â€™S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO XCHANGE MALL FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
A. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
B. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
C. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
D. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
E. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Xchange Mall does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.
For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of California, U.S.A., excluding Californiaâ€™s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. For the avoidance of doubt, the choice of California governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, all claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Los Angeles County, California, U.S.A., and you and Xchange Mall consent to personal jurisdiction in those courts.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Xchange Mall, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorneyâ€™s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.