Legal Notice of Terms and Conditions of Use

Terms of use of the website

Version May 06, 2024

The Xmarts Group website located at https://www.xmarts.com is a copyrighted work owned by Xmarts Group LLC. Certain features of the Site may be subject to additional guidelines, terms or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions that govern your use of the Site. BY LOGGING ON TO THE SITE, YOU AGREE TO THESE TERMS and represent that you have the authority and capacity to agree to these Terms. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS, DO NOT LOG IN OR USE THE SITE.

These terms require the use of Section 10.2 arbitration on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.

Site Access

Subject to these Terms. The Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your personal, non-commercial use.

Certain restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you will not sell, rent, lease, transfer, assign, distribute, host or commercially exploit the Site; (b) you will not change, make derivative works, disassemble, compile or reverse engineer any part of the Site; (c) you will not access the Site for the purpose of creating a similar or competitive web site; and (d) except as expressly provided herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, unless otherwise stated, any future releases, updates or other additions to the functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies of the Site.

The Company reserves the right to change, suspend or discontinue the Site with or without notice. You agree that the Company shall not be liable to you or to any third party for any change, interruption or termination of the Site or any part thereof.

No support or maintenance. You agree that the Company shall have no obligation to provide you with any support in connection with the Site.

Excluding any User Content you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Site and its content are owned by the Company or the Company's suppliers. Please note that these Terms and access to the Site do not grant you any right, title or interest in any intellectual property rights, except for the limited access rights set forth in Section 2.1. The Company and its suppliers reserve all rights not granted in these Terms.

Third-party links and advertisements; Other users

Third-party links and advertisements. The Site may contain links to third-party websites and services, and/or display advertisements from third parties. Such Third Party Links and Postings are not under the control of the Company, and the Company is not responsible for the Third Party Links and Postings. The Company provides access to these Third Party Links and Postings for your convenience only, and does not review, approve, monitor, endorse, warrant, guarantee or make any representations with respect to the Third Party Links and Postings. You use all Third Party Links and Third Party Advertisements at your own risk, and you should apply an appropriate level of caution and discretion in doing so. When you click on any of the Third Party Links and Ads, the terms and policies of the applicable third party apply, including the third party's privacy and data collection practices.

Other users. Each user of the Site is solely responsible for any and all of his or her own User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. You agree that the Company shall not be liable for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any user of the Site, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors and assigns, and hereby waive and relinquish any and all past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action, which have arisen or arise directly or indirectly out of or relate directly or indirectly to the Site. If you are a California resident, you hereby waive California Civil Code section 1542 in connection with the foregoing, which provides: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her, must have materially affected his or her settlement with the debtor."

Cookies and web beacons. Like any other website, Xmarts Group uses cookies. These cookies are used to store information, including visitors' preferences and the pages of the website that the visitor accessed or visited. The information is used to optimize the user experience by customizing the content of our website based on visitors' browser type and/or other information.

Resignations

The site is provided on an "as is" and "as available" basis, and the company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. We and our suppliers do not warrant that the site will meet your requirements, be available on an uninterrupted, timely, secure or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal or secure. If applicable law requires any warranties with respect to the Site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation of liability

To the maximum extent permitted by law, in no event will the company or our suppliers be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or related to these terms or your use or inability to use the site, even if the company has been advised of the possibility of such damages. Your access and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising out of or in connection with this agreement shall at all times be limited to a maximum of fifty United States dollars (US$50). The existence of more than one claim will not extend this limit. You agree that our suppliers shall have no liability of any kind arising out of or related to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and termination. Subject to this Section, these Terms shall remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time and for any reason in our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and your right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve the removal of your User Content associated with your Account from our live databases. The Company shall have no liability to you for termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

Copyright policy.

The Company respects the intellectual property of others and asks users of our Site to do the same. In connection with our Site, we have adopted and implemented a policy that respects copyright law that provides for the removal of any infringing material and the termination of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users, through the use of our Site, is unlawfully infringing a copyright in a work and you wish to have the allegedly infringing material removed, you must provide the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) to our designated Copyright Agent:

your physical or electronic signature;
identification of the copyrighted work(s) that you claim have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to enable us to locate such material;
your address, telephone number and e-mail address;
a statement that you have a good faith belief that the use of the objectionable material is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner of the copyright allegedly infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of a material fact in a written notice automatically subjects the complaining party to liability for damages, costs and attorneys' fees incurred by us in connection with the written notice and the allegation of copyright infringement.

General

These Terms are subject to revision from time to time, and if we make any material changes, we may notify you by sending you an e-mail at the last e-mail address you provided to us and/or by posting a prominent notice of the changes on our Site. You are responsible for providing us with your most recent email address. In the event that the last e-mail address you provided to us is not valid, our sending of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days after we send you an e-mail notice or thirty (30) calendar days after we post notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Your continued use of our Site following notice of such changes will indicate your acknowledgment of such changes and your agreement to be bound by the terms and conditions of such changes. Dispute resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS.

Applicability of the Arbitration Agreement. All claims and disputes regarding the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and the Company, and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the services or goods provided under the Terms.

Notice requirement and informal dispute resolution. Before either party may request arbitration, the party must first send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the relief requested. A Notice should be sent to the Company at: 12201 SW 194 St, Miami, FL 33177. After receiving the Notice, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after receipt of the Notice, either party may initiate an arbitration proceeding. The amount of any settlement offer made by either party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR provider. The rules of the ADR Provider shall govern all aspects of the arbitration, except to the extent such rules conflict with the Terms. The AAA's Consumer Arbitration Rules governing arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claim or dispute in which the total amount of relief sought is less than ten thousand United States dollars (US$10,000.00) may be settled by binding arbitration without appearance at the option of the party seeking relief. For claims or disputes in which the total amount of the award requested is ten thousand United States dollars (US $ 10,000.00) or more, the right to a hearing shall be determined by the Arbitration Rules. Any hearing will be held at a location within 100 miles of your residence, unless you reside outside the United States, and unless the parties agree otherwise. If residing outside the U.S., the arbitrator shall give reasonable advance notice to the parties of the date, time and place of the oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator awards you an award that is greater than the last settlement offer the Company made to you prior to the commencement of the arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising from the arbitration and shall pay an equal share of the ADR Provider's fees and costs.

Additional rules for arbitration without appearance. If non-appearance arbitration is chosen, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific form shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance of the parties or witnesses, unless otherwise agreed by the parties.

Time limits. If you or the Company seek arbitration, the arbitration action must be commenced and/or demanded within the statute of limitations and within any time period imposed under the AAA Rules for the relevant claim.

Arbitrator's authority. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matter or joined with any other case or party. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to award any non-monetary remedies or relief available to a person under applicable law, the AAA Rules and the Terms. The arbitrator shall issue a written award and a statement of decision describing the essential findings and conclusions upon which the award is based. The arbitrator has the same authority to award relief on an individual basis as would a judge in a court of law. The arbitrator's award is final and binding on you and the Company.

Waiver of jury trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY, electing instead to have all claims and disputes resolved by arbitration under this Arbitration Agreement. Arbitration procedures are generally more limited, more efficient and less costly than the rules applicable in a court of law and are subject to very limited review by a court. In the event any litigation arises between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, electing instead to have the dispute resolved by a judge.

Waiver of class or consolidated actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated individually and not collectively, and claims of more than one customer or user may not be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceedings shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award or to seek injunctive or equitable relief.

Divisibility. If a court of competent jurisdiction determines that any part or parts of this Arbitration Agreement are invalid or unenforceable as a matter of law, such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right of waiver. The party against whom the claim is asserted may waive any or all of the rights and limitations set forth in this Arbitration Agreement. Such waiver shall not waive or affect any other part of this Arbitration Agreement.

Survival of the agreement. This Arbitration Agreement shall survive the termination of your relationship with the Company.

Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency equitable relief. In any event, either party may seek emergency equitable relief in state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other right or obligation under this Arbitration Agreement.

Claims not subject to arbitration. Notwithstanding the foregoing, claims for defamation, violation of the Computer Fraud and Abuse Act and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstance where the above Arbitration Agreement permits the parties to litigate in court, the parties agree to submit to the personal jurisdiction of the courts located in the county of California for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export or transfer, directly or indirectly, any U.S. technical data acquired from the Company, or any products using such data, in violation of U.S. export laws or regulations.

The Company is located at the address shown in Section 10.8. If you are a California resident, you may file complaints with the Complaint Assistance Unit of the Consumer Products Division of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic communications. Communications between you and the Company use electronic means, whether you use the Site or send e-mails to us, or whether the Company posts notices on the Site or communicates with you by e-mail. For contractual purposes, you (a) consents to receive communications from the Company in electronic format; and (b) you agree that all terms and conditions, agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal obligation that such communications would satisfy if they were written on paper.

Complete terms. These Terms constitute the entire agreement between you and us with respect to your use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held invalid or unenforceable, the remaining provisions of these Terms will not be affected and the invalid or unenforceable provision will be deemed modified to be valid and enforceable to the maximum extent permitted by law. Its relationship with the Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the prior written consent of the Company, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing shall be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding on assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/trademark information. Copyright © . All rights reserved. All trademarks, logos and service marks displayed on the Site are owned by us or third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.