TERMS OF USE
Effective Date: August 20, 2026
These Terms of Use (these “Terms”) are a legally binding agreement between (a) you, the end user (“you,” “your”); and (b) XV Exchange, LLC (“XV Exchange,” “STX,” “we,” “us,” “our”). These Terms govern your access of the software, services, websites, and applications (collectively, the “Services”) offered by XV Exchange through our website located at www.stxapp.io and our mobile applications (collectively, the “Site”). Your use of the Services in the U.S. is subject to all applicable federal laws and regulations of the U.S. and these Terms. XV Exchange is a U.S. Commodity Futures Trading Commission (“CFTC”) designated contract market (“DCM”).
Please read these Terms carefully.
ACCEPTANCE OF THESE TERMS. YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE TO USE THE SITE AND THE SERVICES. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE AND THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE OR THE SERVICES. By accessing or using the Site and the Services, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms, including our Privacy Policy, which is incorporated into these Terms by reference.
CHANGES TO THESE TERMS. As we improve the Services or the Site, we may need to update these Terms to provide for changes in the Services, fees associated with the Services, to comply with law or regulations, or to comply with guidance or recommendation from a regulatory body. We may change any aspect of these Terms upon prior written notice to you by electronic mail to the address that you provide when you register your account. The revised version of the Terms will be effective immediately upon posting. If you do not accept the change(s), your remedy will be to cease further use of the Services.
COMPLIANCE WITH LAW. Please note that the Services are not for use by persons under the age of majority in their state of residence. You are not permitted to participate in the Services if you are (1) under the age of majority in your state of residence, and/or (2) physically located outside of the United States. If it comes to XV Exchange’s attention through what it considers to be reliable means that a registered user is a person under the age of majority in their state of residence, physically located outside the United States, or is otherwise not permitted to use the Services, XV Exchange will use the resources available to it and XV Exchange shall not be liable for any loss, damages or harm which you may suffer or incur as a result. You understand and accept that XV Exchange is unable to provide, and is not providing, you with any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Services. Any use of the Services is at your sole option, discretion and risk. By using the Services, you acknowledge that you do not find the Services to be objectionable, unfair or inappropriate in any way.
CONFIRMING LOCATION. To confirm your location, we may use third-party methods to track the location of your desktop, laptop, or mobile device. If we are unable to confirm your location for any reason to our satisfaction, you will not be allowed to open an account or use the Services. We will handle all location information collected in accordance with our Privacy Policy.
LICENSE TO USE THE SITE AND THE SERVICES. Provided you comply with these Terms and our Privacy Policy, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and use the Services, but retain all proprietary rights to the Services. All rights not specifically granted under these Terms are reserved by XV Exchange and, as applicable, XV Exchange’s licensors. The Services are licensed for your personal use only, on a device that you exclusively control. Your license confers no title or ownership in the Services and should not be construed as a sale of any rights in the Services. In order to grant you this license, you may need to submit certain personal information to us, which may include payment information. To learn how we collect, store, use and share your information, please read our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We reserve the right to refuse, restrict, or discontinue the Services or your (or any other person or entity) access to the Site (or any portions, components, or features of the Site) for any reason or for no reason whatsoever, at any time, without notice or liability.
OWNERSHIP OF THE SITE AND THE SERVICES. All right, title and interest, including without limitation any and all intellectual property rights, in, to and associated with the Site and the Services are owned by XV Exchange or, as applicable, XV Exchange’s licensors, and may be protected by applicable copyright, trademark, patent, trade secret or other intellectual property and gaming laws and treaties. All rights not expressly granted under these Terms are reserved by XV Exchange.
YOUR OBLIGATIONS AND RESPONSIBILITIES. With respect to your access and/or use of the Site and the Services, you must always comply with these Terms, and at all times act in accordance with all applicable laws and regulations and in good faith. It is strictly prohibited to use or contact the Site and the Services to harass or disparage XV Exchange, its personnel or the Services. No unsolicited electronic messages (spam) may be directed to or through the Site or the Services. You may not use the Site or the Services in order to transmit, distribute, display, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe, violate or misappropriate the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. If you default negligently or willfully in any of the obligations set forth in these Terms (including our Privacy Policy), you shall be liable for any and all of the losses and damages that such default may cause to XV Exchange, our affiliates, partners or licensors.
REGISTRATION. To use the Services, you must first open an account with XV Exchange, which will require that you provide certain personal information to us, such as your full name, alias/preferred name, country of residence, e-mail address, mailing address, telephone number(s), identification information, date of birth, descriptive occupation, billing information, credit card or bank account information.
In addition to the above, XV Exchange will need to verify your identity in order to complete the account registration. For identification verification purposes only, we or our third-party verification provider may verify your identity with your telecommunications provider, and/or a credit bureau and access your credit file. This will not affect your credit score. For compliance purposes, other personal information may be collected from you which, when requested, is a mandatory condition to use the Services.
SECURITY. You are responsible for protecting the confidentiality and security of your account information, including email address, account name and password, and you acknowledge and agree that you should not share such information with anyone. You are prohibited from allowing others to access your account and are solely responsible for all activity that occurs in your account. Every person who identifies themselves by entering a correct username and password is assumed by us to be the rightful holder of the account and all transactions will be regarded as valid. We will not be liable for any loss you suffer whatsoever as a result of any unauthorized use of your login details or any use of your login details by anyone other than you. If you believe your account is being misused by a third party, please contact us so we may suspend your account to prevent further abuse.
If you have forgotten your password, you can click the “Forgot Password” link on the login page. You will be prompted to provide your email address. A link will be emailed which will direct you to a change password page. Once you have successfully changed your password, you can proceed to login.
PERSONAL USE OF THE SERVICES. You agree to keep your account information secret and confidential and to not allow anyone else to use or have access to it. You agree to only use the Services on your own behalf and not on behalf of anyone else, whether as an agent or otherwise. Any participation in the Services is at your sole choice, discretion, and risk. You are only allowed to wager for your own personal entertainment. Any commercial use is strictly forbidden. CHANGES IN FUNCTIONALITY. By accepting these Terms, you agree that XV Exchange is permitted to limit, deny, update, or cancel some or all of the functionality of the Services at any time. You agree to bear the risks of and hold XV Exchange harmless for any and all effects that a change in functionality may have on your ability to use the Services. XV Exchange may require, as a condition to your continued access to the Services, your acceptance of software updates, improvements, corrections, adaptations, conversions, or any other changes to the Services.
TRADEMARK. All XV Exchange brands are trademarks of XV Exchange and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, or trade dress of XV Exchange or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks, product names and company names and logos displayed on the Site and in the Services are the property of their respective owners.
COPYRIGHT AGENT. XV Exchange has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with relevant copyright laws. If you believe a copyright is being infringed by a user of the Site or by XV Exchange, please provide written notice meeting all of the requirements of the Digital Millennium Copyright Act (“DMCA”) to XV Exchange’s designated agent by sending an email to www.xvexchange.com.
Your written notice must:
- contain your physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- identify the allegedly infringing material in a sufficiently precise manner to allow us to locate the material;
- contain adequate information by which we can contact you (including mailing address, telephone number and e-mail address);
- contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
- contain a statement that the information in the written notice is accurate.
Before you file your Notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA Notice when there is no infringing use, you could be liable for costs and attorneys’ fees. Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.
YOUR AGREEMENT REGARDING XV EXCHANGE’S INTELLECTUAL PROPERTY. The Services contain copyrighted materials, trade secrets and other proprietary material. You acknowledge that the source code remains a confidential trade secret of XV Exchange. You acknowledge and agree that you shall not reverse engineer, decompile, modify, publicly display, prepare derivative works based on, disassemble, or otherwise reproduce or provide others with the Services or any portion or component of the Services. You may not sell, assign, sublicense, rent, lease, lend, or directly or indirectly transfer the Services to any third party. Any assignment in violation of these Terms is void. You also agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained on the Site or in the Services.
ANTI-MONEY LAUNDERING. We strictly adhere to anti-money laundering rules and regulations, which require that we report certain transactions to authorities. We will report any suspicious behavior to the relevant law enforcement and regulatory authorities.
SECURITY CHECKS, REVIEWS AND RELEASES. XV Exchange reserves the right to verify your identity and the fidelity of the information you have supplied by making various security and ID checks. If you fail or refuse on request to comply and sign a security request from XV Exchange, XV Exchange reserves the right to void your account.
ABUSIVE OR OFFENSIVE LANGUAGE. Abusive or offensive language will not be tolerated on the Site or in the Services or with XV Exchange’s staff. Any violation of this policy may result in a suspension of playing privileges or such other action as may be required by XV Exchange to ensure compliance.
SECURITY REVIEW. In order to maintain the level of security and integrity in the system, XV Exchange reserves the right to conduct a security review at any time in order to verify identity, age, the registration data provided by you, in order to verify your use of the Services, including but not limited to your compliance with these Terms and the policies of XV Exchange and your financial transactions carried out via the Services for potential breach of these Terms and of applicable law. As such you authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate the information you provide to us or should provide to us in accordance with these Terms, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases, including with your telecommunications provider. In addition, to facilitate the security reviews, you agree to provide such information or documentation as needed to XV Exchange at its discretion.
COMPLAINTS AND NOTICES. In the event of you having any complaints, claims or disputes (collectively “Complaint”) with regard to any outcome regarding the Services or any activity provided by XV Exchange, you must submit your Complaint to XV Exchange in writing as soon as is reasonably practicable following the date of the original transaction to which the Complaint refers. Complaints may be submitted by email to www.xvexchange.com and we will work to resolve the Complaint within 90 days of receiving said notice. Any notice we give to you will be sent to the email address that you provide when you register your account. It is your responsibility to give us notice of any changes to this address. Complaints by players about unfair treatment, cheating, and collusion will be investigated. Report any suspicious betting and/or activity to www.xvexchange.com.
GOVERNING LAW AND CHOICE OF FORUM: These Terms shall be governed by and construed in accordance with the laws of the State of Illinois. Any dispute between XV Exchange and You arising from or in connection with this Agreement will be settled in accordance with the procedures set forth in the XV Exchange Rulebook.
DISPUTE RESOLUTION. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES, YOU AND XV EXCHANGE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND XV EXCHANGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
You and XV Exchange agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms, your use of the Site, or your and XV Exchange’s dealings with one another shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. This agreement to arbitrate is intended to be interpreted broadly.
You and we agree that all challenges to the validity and applicability of the arbitration provision—i.e. whether a particular claim or dispute is subject to arbitration—shall be determined by the arbitrator. Notwithstanding any provision in these terms to the contrary, if the class-action waiver above is deemed invalid or unenforceable, neither you nor we are entitled to arbitration. If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the courts of competent jurisdiction of Illinois, and you agree to submit to the personal jurisdiction of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Terms. This arbitration agreement will survive termination of your use of the Site and your relationship with XV Exchange. LINKED SITES. For your convenience, certain hyperlinks may be provided on the Site or in the Services that link to other Websites which are not under our control. We do not endorse or sponsor such Web sites and we are not responsible for the availability, accuracy, content, or any other aspect of such Websites. We disclaim any and all liability arising in any way from or through such Websites, for all access to and use thereof, and for use of the links to such Websites. We also disclaim any and all liability, and to the fullest extent permitted by law, make no representations or warranties, with respect to any of the Services or services made available, sold, or provided to you by any third-party. Your use of other Websites, and any purchases of services, volunteering of time or services, or making of charitable contributions through other Websites, is subject to the terms and conditions of such other Websites. You acknowledge and agree that you will bring no suit or claim against XV Exchange arising from or based upon any such use you make of other Websites, whether linked through the Site or not. Hyperlinks to other Websites that are provided on the Site or in the Services do not imply that: (a) XV Exchange is affiliated or associated with any linked sites; (b) XV Exchange is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of XV Exchange.
LINKS TO THE SITE. Without our express, prior, written permission, you shall not: (a) “frame” the Site or the Services or otherwise cause the Site or the Services to appear in a window with any other material that does not constitute Content; (b) cause the hyperlink to the Site, or the Services, to be displayed in any way that is disparaging to XV Exchange or any entity that is affiliated or associated with XV Exchange; (c) otherwise imply or state that any type of relationship or special arrangements exist with XV Exchange and any other entity; or (d) use any tradename, trademark, or brand name of XV Exchange in metatags, keywords and/or hidden text, including for the purpose of affiliate marketing.
DISCLAIMER. YOU UNDERSTAND THAT XV EXCHANGE, ITS AFFILIATES, AND ITS SOFTWARE, HARDWARE, AND SERVICE PROVIDERS PROVIDE THE XV EXCHANGE PLATFORM “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. XV EXCHANGE, ITS AFFILIATES AND ITS SOFTWARE, HARDWARE AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
LIMITATION OF LIABILITY. IN NO EVENT SHALL XV EXCHANGE, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, OR ANY OTHER THIRD-PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SITE AND THE SERVICES, AND ALL FEATURES, MATERIALS, INFORMATION AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR OTHERWISE MADE AVAILABLE BY XV EXCHANGE, INCLUDING ANY OF THE SERVICES; (B) THE USE, COPYING, OR DISPLAY OF THE SITE OR THE SERVICES OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET; (C) OUR PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU, YOUR ORGANIZATION, OTHER USERS OF THE SITE, OR OTHER THIRD-PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY NOT-FOR-PROFIT ORGANIZATIONS; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SITE OR THE SERVICES. UNDER NO CIRCUMSTANCES SHALL XV EXCHANGE, ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR ORGANIZATION, ANY NOT-FOR-PROFIT ENTITY, OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD-PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF XV EXCHANGE, EVEN IF XV EXCHANGE WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF XV EXCHANGE, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF XV EXCHANGE, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD-PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, OR THE SITE OR THE SERVICES, XV EXCHANGE AND SUCH PARTIES’ CUMULATIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL IN NO EVENT EXCEED THE LESSER OF (1) THE PURCHASE PRICE OF ANY OF YOUR ASSETS PURCHASED VIA THE PLATFORM ASSOCIATED WITH THE CLAIM; OR (2) THE TOTAL FUNDS YOU HAVE DEPOSITED TO THE PLATFORM PRIOR TO MAKING A CLAIM. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
BY USING THE SITE AND THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU: (A) ASSUME ALL RISK OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR THE SERVICES; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE XV EXCHANGE, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE AND THE SERVICES; AND (D) YOU VOLUNTARILY WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST XV EXCHANGE FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF XV EXCHANGE AND ITS AGENTS AND EMPLOYEES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. EACH MEMBER OF XV EXCHANGE AGREES THAT IT MAY NOT BRING ANY ACTION AGAINST AN XV EXCHANGE PARTY UNLESS IT BRINGS SUCH ACTION WITHIN 2 YEARS OF THE FIRST OCCURRENCE OR LACK OF OCCURRENCE OF THE ACT OR OMISSION COMPLAINED OF. EACH MEMBER OF XV EXCHANGE AGREES THAT ANY ACTION IT BRINGS AGAINST AN XV EXCHANGE PARTY OR AGAINST ANOTHER XV EXCHANGE MEMBER WILL BE RESOLVED BY BINDING ARBITRATION, IN ACCORDANCE WITH THE RULES OF THIS CHAPTER AND OTHER RULES OF XV EXCHANGE, IF APPLICABLE.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless XV Exchange, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, licensors, and partners from any and all claims, losses, liabilities, demands, damages, costs, or expenses (including reasonable attorneys’ fees), arising from or asserted by any third party relating in any way to (a) your use of the Site or the Services, or any other feature, product, service or promotion offered to you by XV Exchange; (b) any claim of infringement of third party intellectual property rights; (c) uploading, posting, emailing, reproducing, transmitting or otherwise distributing any content or other materials by you; or (d) the breach of any of these Terms by you or any users of your account with XV Exchange. XV Exchange reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
MISCELLANEOUS. These Terms and the Privacy Policy (as each may be revised and amended at any time and from time to time) collectively constitute the entire agreement with respect to your access to and use of the Site, the Services and any other features, materials, information or other services available on or through the Site or through XV Exchange. Our electronically or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic and enforceable copy of these Terms, and you agree that you shall not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you and XV Exchange may assign its rights and duties under these Terms at any time to any third-party without notice. You may not assign these Terms without our prior written consent. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Site, the Services, or any other services, features, information or materials on the Site in violation of the aforementioned laws or these Terms.
ADDITIONAL TERMS FOR CALIFORNIA CONSUMERS. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1(800) 952-5210.