Xchange6, INC Terms & Conditions

Xchange6 Terms of Service

1. 1.      Your Acceptance

 

Welcome to the Terms of Service for the www.xchange6.com website and any services provided by Xchange6 (collectively referred to as the “Platform”). This is an agreement (“Agreement”) between Xchange6, Inc. (“Xchange6"), the owner and operator of the Platform and you (“you”, “your” or “user(s)”), a user of the Platform.   If you wish to sell any products or items on the Platform, you’ll have to agree to additional terms which apply to Sellers (“Seller”).   The listings provided by the Seller to sell any items or products shall be referred to as “Seller Listings”.  All users who wish to purchase any goods shall be referred to as “Buyer(s)” within this Agreement.

 

Throughout this Agreement, the words “Xchange6,”  “us,”  “we,” and “our,” refer to our company, Xchange6, Inc., as is appropriate in the context of the use of the words.    

By clicking “I agree” or accessing the Platform you agree to be bound by this Agreement and the Privacy Policy.  We may amend this Agreement at any time and may notify you if we do so.    PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

 

1. 2.      Our Platform

Our Platform is a marketplace between Sellers and Buyers.   Our Platform acts as a venue to allow Buyers to contract with Sellers to purchase products offered by a Seller. We are not involved in the actual transaction or provision of any product or services between Sellers and Buyers and are not a party to any contracts created between Sellers and Buyers. As a result we do not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the products or services offered by any Sellers listed, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any users found through our Platform. We advise you to use caution and good judgment when interacting with a Buyer or Seller.  All users are solely responsible for their interactions and omissions that take place when contemplating or consummating a transaction through the Platform.   In consideration for using and accessing the Xchange6 Platform, Sellers and Buyers agree to pay us a fee.

 

1. 3.      User Accounts and Sign-up

 

Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form.  Where required, Xchange6 may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Xchange6 immediately of any unauthorized use of your account or any other breach of security. Xchange6 will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Xchange6 or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.   Companies may register via the Platform but may only have one user account.  If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf. Xchange6 has the sole discretion in granting or denying any accounts.

 

 

1. 4.      User Requirements

Any users of our Platform who wish to buy or sell goods as either Buyers or Sellers must be US citizens or residents.  Additionally, all users must also be 18 years of age or older and have the legal capacity to enter into a binding agreement. 

1. 5.      Privacy

 

Please read Xchange6’s Privacy Policy for more information regarding the collection and use of your information.

 

1. 6.      Access to the Platform

 

After properly registering for the Platform, we grant you a personal, non-exclusive, fully revocable, non-assignable, non-transferable, limited right to use and access our Platform as permitted by us.  As a user, you do not receive any ownership interest in the Platform; you merely receive the right to use and access the Platform as provided by us.  All rights not explicitly granted are reserved for Xchange6. You agree to abide by the following restrictions listed below:

• ·        You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of the Platform.

 

• ·        You may not share your license with any other parties unless permitted by us in writing.

 

• ·        You may not violate any laws, rules or procedures of the United States.

 

• ·        You may not violate any of our additional policies.

 

• ·        You may not use our Platform except through specific channels provided by us.

 

• ·        You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.

 

• ·        You may not sell, lease, loan, distribute, transfer, or sublicense the Platform unless provided by us.

Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform, at our discretion.  Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm or have harmed Xchange6 or the Platform itself. Failure by us to revoke your access does not act as a waiver of your conduct.

 

 

1. 7.      User Content

Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Platform will be owned by you.  Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content.   You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted.  You understand that we cannot guarantee the absolute safety and security of any such User Content.  Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. The Xchange6 does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted.  You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect. 

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.

When you submit any User Content to us, you grant the Xchange6, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content.  It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Platform. 

 

1. 8.      Platform Availability and Modification

 

Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time.  We make no uptime guarantees.  We reserve the right to alter, modify, update, or remove our Platform at any time.  We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications.  For example, we may provide updates to fix security flaws, or to respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.

1. 9.      Your Conduct While Using The Platform

 

When accessing or using our Platform, you are solely responsible for your use and for any use of the Xchange6 Platform made using your account.  You agree to abide by the following rules of conduct:

 

• ·             You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;

 

• ·             You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;

 

• ·             You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;

 

• ·             You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

 

• ·             You agree not to use the Platform to stalk, harass, bully or harm another individual;

 

• You agree that you will not hold Xchange6 responsible for your use of the Platform;

 

• ·             You may not post any User Content that is violent, distasteful, contains sexual nudity or sex acts, or is otherwise not up to community standards;

 

• ·             You agree not to violate any requirements, procedures, policies or regulations of networks connected to Xchange6;

 

• ·             You agree not to interfere with or disrupt the Platform;

 

• ·             You agree to not violate any US federal or state laws  while using the Platform; and

 

• ·             You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

 

If you are discovered to be undertaking any of the aforementioned actions or if we believe that any of your actions may harm Xchange6’s Platform or business interests your privileges to use our Platform may at our sole discretion be terminated, revoked, or suspended.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Xchange6 reserves the right to suspend or terminate any account at any time without notice or explanation.  

 

1. 10.  Seller Disclaimer

XCHANGE6 EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY SELLERS AND ANY LOSS OR INJURY ARISING OUT OF A BUYER’S PURCHASE OR USE OF ANY SELLER PRODUCTS OR ITEMS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT XCHANGE6 MAY PROVIDE INFORMATION ABOUT A SELLER, BASED ON LOCATION, FEATURES OR RELEVANCY.  HOWEVER, SUCH INFORMATION IS BASED SOLELY ON DATA THAT IS SUBMITTED BY THE SELLER, AND XCHANGE6 PROVIDES SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF ALL USERS AND IS NOT AN INTRODUCTION, ENDORSEMENT, OR RECOMMENDATION BY XCHANGE6.   All Seller Listings and the products sold are sold on an “as is” basis. All users release Xchange6 from any liability associated with user’s use of the Platform or purchase or sale of any products or items. 

Xchange6 is not a party to any contracts between Buyers and Sellers. Additionally, Xchange6 does not control or direct the Seller or the Seller Listings, including but not limited to delivery date, performance, or quality. Xchange6 does not introduce Buyers to Sellers.  Xchange6 merely makes the Platform available to enable Sellers to identify and determine the suitability of Buyers for themselves and to enable Buyers to identify and determine the suitability of Sellers for themselves. Any opinions, advice, or information expressed by any Seller are those of the individual and the individual alone and they do not reflect the opinions of Xchange6.  Xchange6 does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Seller Listings or the products or items provided by Seller. 

1. 11.  Buyer Responsibilities

Xchange6 requests that Buyers exercise common sense and reasonable judgment when making any purchases from the Platform.  Buyers agree that we are not responsible for any Seller Listings or any items purchased by the Buyer.  Buyers are responsible for completely reading and understanding all purchase and delivery conditions listed on a Seller Listing.  Buyers agree that once an Order (defined below) has been created that a legally binding contract is entered into between the Buyer and Seller.  Xchange6 is not responsible for transferring ownership of any products listed on the Platform. The Texas Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership of any products between the Buyer and the Seller, unless the Buyer and the Seller agree otherwise.

1. 12.  Product Sizing and Descriptions

Please be aware that all photos of any products sold on Xchange6 are for illustrative purposes only.  Although Sellers may use reasonable best efforts to insure that their Seller Listings and products are almost entirely similar to the photos offered on the Platform, it is possible that some photos shown on the Platform may not be entirely representative of the actual product.  The final products received by you may vary slightly in color, size, look, finish, or style.  Additionally, Buyers should be aware that all sizing is approximate and not exact.  Sellers are solely responsible for all product sizing, descriptions, and listing information.

1. 13.  Payments

In order to purchase anything offered by Sellers, Buyers may be required to pay a fee as listed on the Platform by the Seller.   Seller shall receive all such fees minus any fees deducted by Xchange6.  If you wish to purchase anything from our Platform you agree that we may charge your payment method on file and you agree to pay the fee listed on the Platform.   Your credit card information or other payment method will be processed and stored by us.  All payment information is stored by our third party payment processors. 

1. 14.  Reserve Option

For any Seller Listings valued over $500 USD Seller shall have the option to post a reserve price (“Reserve”) for potential Buyers.  If the Buyer wishes to exercise the Reserve option, it must pay the Reserve amount listed on the Platform.  Buyer and Seller will have seventy two (72) hours (“Reserve Period”) to meet and examine the product or item for which Buyer has paid a Reserve.  During the Reserve Period, after examining the product, Buyer may choose to purchase the product and the Reserve funds shall be credited towards the purchase price of the product.  Seller may not sell the item to another Buyer during the Reserve Period.  If Buyer elects not purchase the item held on Reserve, after the Reserve Period the funds will be credited to the Seller and Buyer shall not be entitled to any refunds or proceeds.

1. 15.  Order Confirmation

Any purchase is not confirmed until a Buyer receives an order confirmation (the “Order”) from the Seller.  All Orders are subject to additional terms and conditions of the Seller as listed by the Seller.  Seller may list information for each Order or other relevant information.  Xchange6 is not responsible for any Orders or the delivery of any Seller products or services sold.

1. 16.  Buyer Confirmation  and Shipping

All shipping information shall be listed within the Seller Listing.  Buyer and Seller are solely responsible for agreeing to the shipping and delivery methods for any products bought or sold on the Platform.  Once the Buyer has received a product purchased on the Xchange6 Platform, Buyer may confirm receipt of the product by using their account dashboard.

1. 17.  Refunds

 

At Xchange6 we want Buyers to be satisfied with any products offered by Sellers.  For any items that are delivered in person, Buyer shall have three (3) days from the receipt of the item to request a refund for the item.  If the item was shipped, Buyer shall have ten (10) days to request a refund for the item.   After such time period, all sales are final and no refunds shall be given. In order to request a refund, Buyer must log into their account dashboard and request a refund via the purchase link.  Buyer must request a refund before returning the item to the Seller.  Buyer is responsible for all return shipping for any refunds.  No refunds may be issued until the item has been returned to the Seller.  After receiving a request for refund Xchange6 shall make a determination on whether any such refunds will be furnished to the Buyer, all refunds are issued at the sole discretion of Xchange6.  If you wish to request a refund or have an issue with any account billing, please contact us a support.eXChange6@live.com.

 

1. 18.  Seller and Buyer Disputes

In the event of a dispute between Seller and Buyer, Seller and Buyer agree to attempt to settle the dispute amicably and in good faith by contacting each other and attempting resolve such a dispute.  If such dispute cannot be settled, Seller or Buyer may contact Xchange6.  Xchange6 at its sole discretion, may assist in settling the dispute.  In the event that Xchange6 assists in any dispute resolution, Seller and Buyer agree to accept such resolution as resolved, binding, and final.  This section does not obligate Xchange6 to settle disputes between any Buyer and any Sellers and all Buyers agree that Xchange6 is not a party to any such disputes.

1. 19.  Termination

You may cancel your account at any time via your Xchange6 dashboard or contacting us at support.eXChange6@live.com Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled and Orders not concluded may be terminated.  Upon termination you will not be entitled to any refunds or proration of any fees paid except as stated in this Agreement.  We may terminate your membership if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or any other of our Platform policies; (3) if your account has remained inactive for an extended period of time; or (4) if we believe that any of your actions may harm Xchange6, at our sole decision or discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

1. 20.  Taxes

Depending on the laws of your jurisdiction you may be taxed for any payments or purchases.  Therefore, at the time of payment we may collect all applicable taxes related to your use of the Platform. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.  In the event we do not collect the relevant taxes owed by you, you agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your payments. 

 

1. 21.  Chargebacks

We attempt to protect our Sellers from chargebacks by employing different fraud detection methods.  In the event of a chargeback we will notify the Seller immediately and the Order shall be immediately cancelled. If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law.  Please be aware that Sellers will not be compensated for any lost profits or time due to a chargeback by user.  In the event that we believe that a user has submitted a fraudulent chargeback, we will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.

 

1. 22.  Idea Submission

 

Xchange6 or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Xchange6. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Xchange6’s products might seem similar to ideas you submitted to Xchange6. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Xchange6, without any compensation to you; (2) Xchange6 may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Xchange6 to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

 

1. 23.  Intellectual Property

The name “Xchange6,” the design of the Xchange6 Platform along with Xchange6 created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein ("Marks"), are owned by or licensed to Xchange6.  The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Xchange6 reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given you express written permission.

 

1. 24.  Representations and Warranties

 

THE PLATFORM AND ALL SELLER LISTINGS SOLD IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER XCHANGE6, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM;  (C) ANY SELLER LISTINGS AVAILBLE OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO XCHANGE6 OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

 

XCHANGE6 DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. XCHANGE6 DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. XCHANGE6 DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND XCHANGE6 SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

 

1. 25.  Limitation of Liability

IN NO EVENT SHALL XCHANGE6,  ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM OR FROM ANY SELLER LISTINGS OR PRODUCTS, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Xchange6’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

1. 26.  Release

As the Platform acts merely as a venue, in the event that you have a dispute with one or more Users, you release us and our affiliates (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected , disclosed and undisclosed, arising out of or in any way connected with such disputes. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “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 BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.  YOUR ABILITY TO USE OUR PLATFORM IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. 

1. 27.  Indemnity

 

You agree to defend, indemnify and hold harmless Xchange6, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

 

• ·        your use of and access to the Xchange6 Platform;

 

• ·        your violation of any term of this Agreement; and

 

• ·        any claim that your use of the Platform directly or indirectly harmed another user or third party.

This defense and indemnification obligation will survive this Agreement and your use of the Xchange6 Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

 

1. 28.  Age Compliance

 

Xchange6 and its Platform may only be used by persons 18 years and older.  If you are under 18 please stop using our Platform and please do not submit any information to us.

 

1. 29.  Intellectual Property and Copyrights

 

We take copyright infringement very seriously, and we shall comply with the Digital Millennium Copyright Act.  If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:

• ·        Your name.
• ·        The name of the party whose copyright has been infringed, if different from your name.
• ·        The name and description of the work that is being infringed.
• ·        The location on our website of the infringing copy.
• ·        A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• ·        A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Xchange6, support.eXChange6@live.com.

 

1. 30.  Choice of Law

 

This Agreement shall be governed by the laws in force in the state of Texas.  The offer and acceptance of this contract is deemed to have occurred in Texas.

 

1. 31.  Arbitration

 

You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential arbitration in Dallas County, TX. Arbitration under this Agreement shall be conducted pursuant to the applicable rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  Each party shall be responsible for their own arbitration fees and costs.  If the value of the relief sought is $10,000 or less, you or XChange6 may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Xchange6 subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or XChange6 may attend by telephone, unless the arbitrator requires otherwise.   To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Dallas County, TX.

 

1. 32.  Class Action

You and Xchange6 agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis.  You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

 

1. 33.  Force Majeure

 

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

 

1. 34.  Severability

 

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Xchange6 are deemed to conflict with each other’s operation, you agree that Xchange6 shall have the sole right to elect which provision remains in force. 

 

1. 35.  Non-Waiver

 

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

1. 36.  Survival

 

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

 

1. 37.  Assignment

 

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

 

1. 38.  Additional Agreements

 

This Agreement along with the Privacy Policy and any other supporting agreements provided by Xchange6 constitutes the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.

 

1. 39.  Amendments

 

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

 

1. 40.  California Users

 

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Xchange6 must be sent to our agent for notice to:  support.eXChange6@live.com

 

Lastly, California users are also 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 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

1. 41.  Electronic Communications

 

The communications between you and Xchange6 use electronic means, whether you visit the Platform or send Xchange6 e-mails, or whether Xchange6 posts notices on the Platform or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from Xchange6 in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Xchange6 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

 

1. 42.  Additional Terms for Sellers

 

The following sections 42-54 apply to any Sellers who wish to use the Platform and wish to sell any products via the Platform.  Any Sellers wishing to use the Platform shall be required to sign up and create an account and shall be bound by the additional terms listed below.

 

1. 43.  Seller Accounts

 

In order for Sellers to offer Seller Listings you must create a Seller account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form.  Where required, Xchange6 may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Xchange6 immediately of any unauthorized use of your account or any other breach of security. Xchange6 will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Xchange6 or another party due to someone else using your account or password. You may not use anyone else's account at any time. Sellers may only register for one account per person and may not register as a company or group collaboration. Xchange6 has the sole discretion in granting or denying any accounts.

 

1. 44.  Seller Representations and Warranties

 

Seller represents and warrants the following:  (1) Seller owns or has properly licensed all products or services provided to any Buyers of the Platform; (2) the products Seller is offering will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the products offered do  not violate any US state or federal laws or any third party agreements; (4) Seller has not entered into any previous agreements which would limit its ability to undertake or perform this Agreement; and (5) Seller will in good faith abide by this Agreement and all other restrictions and rules for all items or services sold on the Platform.

 

1. 45.  Termination of Seller Accounts

We may terminate your account if we determine that: (1) you have violated any applicable laws while using our Platform; (2) If you have violated this Agreement or any other of our Platform policies; or (3) if we believe that any of your actions may harm Xchange6, at our sole decision or discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.  As a Seller if you wish to terminate your Seller account please notify us or use your account dashboard to terminate the account.  Please be aware that once your account is terminated, all access and information including Seller Listings in your existing account may become immediately inaccessible or deleted.   Failure to terminate your account for any reason does not act as a waiver of your conduct.

 

1. 46.  Seller Products

As a Seller you are solely responsible for all products or items sold. Please be aware that we are not required to host, display, migrate, or distribute any of your products or items and we may refuse to accept or transmit any products or items.   You agree that you are solely responsible for any User Content or Seller Listings and you release us from any liability associated with your use of the Platform.  Any Seller products or items found to be in violation of this Agreement or that we determine to be harmful to our Platform may be modified or removed at our discretion.   You must abide by all portions of this Agreement.  The following is a list of products that you are prohibited from selling:

 

• ·        Alcohol

 

• ·        Animals and wildlife products – examples include live animals, mounted specimens, and ivory

 

• ·        Artifacts, grave-related items, and Native American arts and crafts

 

• ·        Catalytic converters and test pipes

 

• ·        Cell phone (wireless) service contracts

 

• ·        Charity and fundraising

 

• ·        Contracts

 

• ·        Counterfeit currency and stamps

 

• ·        Coupons

 

• ·      Credit Cards

 

• ·        Currency

 

• ·        Drugs and drug paraphernalia

 

• ·        Illegal electronic equipment – examples include cable TV de-scramblers, radar scanners, and traffic signal control devices

 

• ·        Electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices

 

• ·        Embargoed goods and prohibited countries – examples include items from Cuba

 

• ·        Event tickets

 

• ·        Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns

 

• ·        Gift cards

 

• ·        Government documents, IDs, and licenses

 

• ·        Government, transit, and shipping-related items – examples include airplane operations manuals, subway employee uniforms, and U.S. Postal Service (USPS) mailbags

 

• ·        Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants

 

• ·        Human remains and body parts

 

• ·        Importation of goods into the US – examples include CDs intended only for distribution in a certain country

 

• ·        International trading

 

• ·        Items encouraging illegal activity – examples include an eBook describing how to create methamphetamine

 

• ·        Lockpicking devices

 

• ·        Lottery tickets

 

• ·        Mailing lists and personal information

 

• ·        Medical drugs, devices, and healthcare – examples include prescription drugs, contact lenses, pacemakers, and surgical instruments 

                         

• ·        Multi-level marketing, pyramid, and matrix programs

 

• ·        Offensive material – examples include ethnically or racially offensive material and Nazi memorabilia 

 

• ·        Pesticides

 

• ·        Plants and seeds      

                     

• ·        Police and law enforcement items

 

• ·        Political memorabilia (reproduction)

 

• ·        Postage meters

 

• ·        Prescription drugs

 

• ·        Prohibited services

 

• ·        Real estate

 

• ·        Recalled items

 

• ·        Slot machines

 

• ·        Stamps

 

• ·        Stocks and other securities

 

• ·        Stolen property

 

• ·        Tobacco

 

• ·        Travel

 

Xchange6 may terminate your Seller account at any time for your failure to follow these rules or if we believe any of your actions may harm Xchange6 or adversely affect our rights.

 

1. 47.  Seller Listings

 

Sellers wishing to sell any products will be required to create a Seller Listing. In order to ensure that both Buyers and Sellers have a successful experience on the Platform, the Seller Listings must comply with the following:

 

• ·        Seller Listings must abide by all local, state, provincial, federal and foreign laws regarding the sale of such goods or services.

 

• ·        Seller will not post any content on the Seller Listing that contains nudity, pornography, child pornography, firearms, explosives, illegal substances, drugs, gambling items, weapons, extreme violence, gore, indecent material, adult themes, or objectionable material.

 

• ·        Seller Listings may not be false, deceptive, misrepresentative, illegal, or misleading.

 

• ·        Seller Listings must be accurate, descriptive, and contain sufficient information to consummate a sale with a prospective Buyer.

 

Xchange6 may terminate your Seller account at any time for your failure to follow these Seller Listing guidelines or if we believe any of your actions may harm Xchange6 or adversely affect our rights.  All Seller Listings are considered User Content and shall be subject to the provisions related to such User Content.

 

1. 48.  Limited Payment Agent

 

For the purposes of this Agreement, the relationship between Xchange6 and Sellers is that of a limited payment agent.  Xchange6 shall collect payments for the Seller Listings, remit payment to Seller after such payment from the user is received minus any fees, and assist in providing refunds to users.  All payments for any products or services may be held for a period of time to ensure delivery of such goods or services before they are released to Seller.  Seller agrees that as a limited payment agent, Xchange6 may accept payments from users and manage payments or refunds for any products or services sold by Seller. Both the Sellers and Xchange6 agree that no other agency relationship is formed between Xchange6 and Sellers.  Except as expressly stated otherwise, Seller agrees that it is not a partner, joint venture, franchisee, agent, or employee of Xchange6. Seller agrees that it shall not misrepresent its relationship with Xchange6 to any third parties.

 

1. 49.  Seller Payments and Fees

 

Once payment for any Seller items or products has been received and the Order has been confirmed by Seller, Xchange6 shall hold such payments for until it has received Buyer confirmation or for a reasonable period of time.  The product or item must be delivered before any funds can be released to the Seller.  After such time period, Seller shall be issued payment in the method provided for by Xchange6.  Xchange6 shall deduct a service fee, commission, processing fees and other deductions as necessary from all payments made to Seller.  Xchange6 reserves the right to change and alter any fees or commissions at any time, if Xchange6 alters such commission or fee structure it shall contact Seller.  In the event of a dispute between Seller and Xchange6, Seller agrees that Xchange6 may withhold all funds until such dispute is resolved. For more information regarding Xchange6’s fee and commission structure please contact Xchange6 at support.eXChange6@live.com

 

1. 50.   Usage Fees

 

For each item sold or transaction settled through the Xchange6 Platform, Seller agrees to pay Xchange6 a fee (“Usage Fee”) of  (A) $.10 USD for any successful Seller transaction of $60 USD and under; and (B) $6 USD for any successful Seller transaction above $60 USD.  Additionally for every refund, Seller shall charge a $.50 USD refund fee.  All such Usage Fees and refund fees and other fees will be tracked and calculated through the Xchange6 website and will be listed on Seller’s account dashboard.  Xchange6 may increase the fees taken at any time.  In the event of a fee increase, Xchange6 shall provide Seller with notice of such increase.  Seller must agree to all fee increases as a condition to his/her continued use of the Platform.

 

1. 51.  Tax and Tax Documents

Seller agrees that Seller is solely responsible for paying any taxes, levies, or fees associated with Seller’s use of Platform.   Although, Xchange6 may charge you sales tax when using our Platform, Seller agrees that if we do not, Seller will pay any associated taxes, levies, or fees.

In order for Xchange6 comply with US tax laws, Sellers may be required to submit W-9 forms or other tax documents.  Seller agrees to comply with any requests to submit any tax documentation, as requested by Xchange6.   Seller agrees that Xchange6 cannot and will not provide Seller with any tax advice; any such questions should be directed to Seller’s tax attorney or other tax professional.

 

1. 52.  Refunds by Xchange6

 

In the event of any refunds to any Buyers for a Seller’s product, Seller agrees that we may deduct the refund amount from any incoming payments or account balances held by Xchange6 for Seller.  Additionally, Xchange6 may invoice Seller for such outstanding balances that are owed due to any refunds if the Seller account funds are insufficient.  Seller agrees to abide by the refund policy listed above in this Agreement

 

1. 53.  Order Information and Issues

Seller is responsible for all information regarding goods or services that they sell through the Site and Service, including without limitation any product names or descriptions, UPC or product codes, product notices or disclaimers, prices, product availability or status, shipping and handling charges and tax rates (collectively, "Product Information") and for providing accurate and complete Product Information to users purchasing any items through Xchange6.

Seller is also responsible for any non-delivery, refunds, returns, errors in delivery, or other mistakes with fulfillment and delivery of goods and services unless otherwise disclaimed on the Seller’s terms and conditions of sale. Sellers shall be also responsible for any costs related to product recalls.

1. 54.  Additional Limitations of Liability and Disclaimers for Sellers

 

Unless otherwise provided in this Agreement, in no event shall Xchange6 be liable to the Seller for any lost profits or any special, incidental, consequential, exemplary, punitive or other indirect damages of any nature, for any reason, whether based on breach of contract, tort (including negligence), or otherwise and whether or not either has been advised of the possibility of such damages. UNDER NO CIRCUMSTANCES SHALL XCHANGE6 BE LIABLE TO ANY SELLER FOR AN AMOUNT GREATER THAN THE AMOUNTS PAID BY XCHANGE6 TO Seller DURING THE PRECEDING MONTH.DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, XCHANGE6 CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE PLATFORM. WITHOUT LIMITING THE ABOVE, THE PLATFORM, XCHANGE6 CONTENT AND ANY OTHER MATERIALS PROVIDED TO SELLER ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, AND XCHANGE6 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  ADDITIONALLY, XCHANGE6 DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, (B) THAT A PARTY'S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS,  OR (C) ANY INFORMATION WILL BE CORRECT, COMPLETE, OR ACCURATE.  SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU.

 

Xchange6 makes no representations and warranties whatsoever, and disclaims any responsibility and liability, regarding the content or nature of any Xchange6 content or its Platform. Xchange6 has no liability to Seller for any Seller Listings, Seller’s products, or Orders.

 

Last Updated: May 3, 2016

 

XCHANGE6 PRIVACY POLICY

1.                Introduction

Xchange6 is dedicated to protecting your personal information and informing you about how we use your information. This privacy policy applies to your use of the Xchange6 services including our website www.xchange6.com (collectively “Site”).  This Privacy Policy should be read in conjunction with the Terms of Service.  All capitalized proper nouns will have the same definitions and meanings as defined by the Terms of Service. Please review this Privacy Policy periodically as we may revise it from time to time without notice. If you do not agree with or accept our Privacy Policy in its entirety, you must not access or use the Site.  If you use the Site following a change to the terms of this Privacy Policy you agree to accept the revised policies.  

2.                Information Collected

At Xchange6, we collect personally identifiable information (“PII”) and non-personally identifiable (“Non-PII”) information from you.  Personally identifiable information is information that has been submitted by you that can be used to identify you personally.  Non-personally identifiable information is information that must be combined with other information to identify you personally.

Personally Identifiable Information Collected

You will not be required to provide us any information when you visit our Site.   However, in order to fully use our Site, we may collect PII such as your name, email, date of birth, telephone and mailing information.  If you wish to purchase anything from our Site we may collect your payment information including relevant government issued identification.

Non-Identifying Information

Whenever you use our website, we may also collect Non-PII from you, such as your IP address, data and information stored on third party services, age, zip code, gender, browsing history, search history, and registration history, interactions with the Site, location, referring URL, browser, operating system, data usage, data transferred, and Internet Service Provider.

 

3.                Use of Your Information

We will never sell your information without your permission; however you agree that we may use your information in the following ways:

·        To provide services to you and to operate the Xchange6 Site.

·        To enhance or improve our users’ experiences.

·        To to contact you via email, text, or electronic communications regarding or related to the Xchange6 Site.

·        To share your information with third party partners or third parties hired by us to perform functions and provide services to us subject to confidentiality obligations consistent with this Privacy Policy and on the condition that the third parties use your information only on our behalf and pursuant to our instructions.

Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any US laws, EU laws or if a violation of the Terms of Service or Privacy Policy has occurred.

4.                Accessing, Editing, and Removing Your Information

You will be able to access any information contained in your account through our Site.   You may edit that information by removing or changing the information listed in your account. If you have any questions or wish to review, change, or access any of your information collected by us, please contact us at support.exchange6@live.com.  Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information, please contact us at Support.exchange6@live.com.   After you have cancelled your account please be aware that we may keep inaccessible copies of your information subject to our data retention policies.

5.                Cookies

We use cookies to remember your preferences/logins and to remember your shopping cart.  Therefore, must have cookies enabled in your browser to use our Site.   Please be aware that some or all of our cookies may be accessible by third parties.  

6.                Third Party Access to Your Information

Although you are entering into an Agreement with Xchange6 to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others to allow you to access the Site.

Throughout the course of our provision of our services to you, we may delegate our authority to collect, access, use, and disseminate your information.  It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy.  For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems.  You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

 

7.                Law Enforcement

You agree that we may disclose your information to authorities if compelled to by a court order.  Additionally, you agree that we may disclose your information if we reasonably believe that you have violated US laws or the terms of our Terms of Service or Privacy Policy or if we believe that a third party is at risk of bodily harm.   In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.  We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, where your actions violate any law of the United States or any other country having jurisdiction over us, our Site, or our Terms of Service.  You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.  We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required.

8.                Opt Out of Commercial, Non-Commercial Communications and Do Not Track

If you decide to provide us with your contact information, you agree that we may send you communications via text and emails.  However, you may unsubscribe from certain communications by notifying Xchange6 that you no longer wish to receive these communications, we will endeavour to promoptly remove you from our once we have received that request.  We currently do not offer functionality for you to opt out through “do not track” listings. If you wish to opt out of certain communications or information collection, please contact us at Support.exchange6@live.com. 

9.                Third Parties

Xchange6 or other users may post links to third party websites on Site, which may include information that we have no control over.  When accessing a third party site through our Site, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties.  Xchange6 bears no responsibility for the information collected or used by any advertiser or third party website. You must review their Terms of Service and Privacy to understand how their information collection practices work.

10.            Security Measures

We make reasonable attempts to protect your information by using physical and electronic safeguards.  However, as this is the Internet, we can make no guarantees as to the security or privacy of your information.  For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.

11.            Your California Privacy Rights

Xchange6 permits residents of the State of California to use its Site, and complies with the California Business and Professions Code §§ 22575-22579.  If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes.  Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at support.exchange6@live.com with any questions.

12.            Age Compliance

We intend to fully comply with American and international laws respecting children’s privacy including COPPA.  Therefore, we do not collect or process any information for any persons under the age of 18.  If you are under 18 and using our Site, please stop immediately and do not submit any information to us.   In the event that we have inadvertently collected any information from users under the age of 13 please contact us immediately.

13.            International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.  PII and Non-PII that is submitted to Xchange6 will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and this policy. If you are a non-U.S. member, you acknowledge and agree that Xchange6 may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries.

14.            Merger and Acquisition

In the event that Xchange6 is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.

 

15.            Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time.  When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you.  You must agree to the amendments as a condition of your continued use of our Site.   If you do not agree, you must immediately cease using our Site and notify us of your refusal to agree by e-mailing us at support.exchange6@live.com.

Last Modified: May 3, 2016