Terms and Conditions
Welcome to X Cap Market, Inc. (hereinafter referred to as the “Website,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of this Website and any related services (collectively, the “Services”). By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to all the Terms, please discontinue use of our Website and Services immediately.
1. Acceptance of Terms
1.1 Binding Agreement
By visiting, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.
1.2 Additional Policies
Your use of the Website may also be subject to additional policies, guidelines, or rules we post on the Website, such as our Privacy Policy. All such policies are incorporated by reference into these Terms.
2. Eligibility
2.1 Age Requirement
You must be at least 14 years of age (or the age of majority in your jurisdiction) to use our Services. By using the Website, you represent and warrant that you have the legal capacity to form a binding contract.
2.2 Compliance with Laws
You agree to comply with all applicable local, state, national, and international laws and regulations.
3. Changes to the Terms
3.1 Right to Modify
We reserve the right to modify or update these Terms at any time, at our sole discretion.
3.2 Notice of Changes
Any changes to the Terms will be posted on this page. We may also provide notice of material changes by email or other means.
3.3 Acceptance of Changes
Your continued use of the Website or Services after the posting of any modified Terms constitutes your acceptance of the changes.
4. Intellectual Property
4.1 Ownership of Content
Unless otherwise indicated, all materials, content, and features available on the Website (including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software) are the property of X Cap Market, Inc. or its licensors, and are protected by copyright, trademark, or other intellectual property laws.
4.2 License and Restrictions
Subject to your compliance with these Terms, X Cap Market, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use only. You may not copy, reproduce, distribute, publish, sell, license, or otherwise exploit any content without our express written consent.
5. User Accounts
5.1 Account Creation
To access certain features of the Website, you may need to create an account. You agree to provide accurate, current, and complete information during registration.
5.2 Account Responsibility
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or breach of security.
5.3 Account Termination
We reserve the right to suspend or terminate your account at any time and for any reason, including, but not limited to, violation of these Terms.
6. User Conduct
6.1 Prohibited Activities
You agree not to:
Violate any applicable laws, regulations, or these Terms;
Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
Transmit any viruses, malicious code, or other harmful material;
Engage in any activity that could disrupt or interfere with the security or functionality of the Website;
Collect or store personal data about other users without their explicit consent;
Use the Website for any fraudulent or unlawful purpose.
7. Third-Party Links and Services
7.1 External Links
The Website may contain links to third-party websites or services that are not owned or controlled by X Cap Market, Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of third-party sites.
7.2 No Endorsement
The inclusion of any link does not imply endorsement or sponsorship by X Cap Market, Inc. You acknowledge and agree that X Cap Market, Inc. shall not be liable, directly or indirectly, for any damage or loss caused by or in connection with the use of such external sites.
8. Disclaimers
8.1 “As Is” and “As Available”
The Website and Services are provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the operation or availability of the Website, or the accuracy, reliability, completeness, or timeliness of any content.
8.2 No Warranty
To the fullest extent permitted by law, X Cap Market, Inc. disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be error-free, uninterrupted, secure, or free from viruses or other harmful components.
9. Limitation of Liability
9.1 Exclusion of Damages
To the fullest extent permitted by applicable law, in no event shall X Cap Market, Inc. , its directors, employees, or agents be liable for any indirect, consequential, incidental, special, or punitive damages arising out of or related to your use of the Website or Services.
9.2 Total Liability
Our total liability, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the amount you paid to us, if any, for accessing or using the Services.
10. Indemnification
10.1 Your Obligation
You agree to defend, indemnify, and hold harmless X Cap Market, Inc. and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use or misuse of the Website or Services;
Your violation of these Terms;
Your violation of any third party’s rights, including intellectual property rights.
11. Termination
11.1 Termination by You
You may stop using the Website at any time and terminate these Terms by discontinuing use of the Services.
11.2 Termination by Us
We may suspend or terminate your access to the Website (or any portion thereof) at any time, for any reason, at our sole discretion, without notice or liability.
11.3 Effect of Termination
Termination of these Terms shall not affect any rights or obligations that arose prior to the date of termination.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms and any disputes arising out of or related to them shall be governed by the laws of Delaware, without regard to conflict of law principles.
12.2 Dispute Resolution
Any dispute arising from these Terms or the use of the Website shall be resolved through arbitration, in accordance with the rules of the American Arbitration Association. You and X Cap Market, Inc. agree to submit to the non-binding arbitration and final interpretation of these Terms and any disputes arising out of or related to them shall be governed by the laws of Delaware, without regard to conflict of law principles.
13. General Provisions
13.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices we publish on the Website, constitute the entire agreement between you and X Cap Market, Inc. regarding the Website and Services.
13.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.3 No Waiver
No waiver of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
13.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice.
13.5 Headings
Headings are for convenience only and shall not affect the meaning or interpretation of these Terms.
14. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
X Cap Market, Inc.
1310 Fillmore Street, Suite 306
San Francisco, CA 94115
By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
