Updated 12/10/17

This Website Usage Agreement ("Agreement") is between you ("Visitor") and XPremiums, Inc. ("Company"). In consideration of the right to access and use the Company's Websites, http://www.xpremiums.com, ("Website"), Visitor agrees to the terms and conditions of use set forth in this Agreement. Visitor's continued use of the Website indicates Visitor's willingness to be legally bound by the terms and conditions of this Agreement as set forth below.

  1. CONVENANT TO READ AGREEMENT

Visitor acknowledges that Visitor has read the terms and conditions of use and accepts the terms thereof. VISITOR AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR SUBSCRIBING TO THE WEBSITE. If Visitor does not agree to these terms and conditions of use, Visitor may not access or otherwise use the Website.

(a) You must be eighteen or over to register as a member of Website or Company and the viewing of Website's or Company's content is legal in your community. Membership in the Service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18-years old - who are interested in and wish to have access to visual images, verbal and written descriptions and audio sounds of a sexually oriented, and frankly erotic nature. The materials, which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18-years old or who is offended by such materials or who does not wish to be exposed to such materials.

  1. COMPANY’S CONTROL OVER WEBSITE

(a) Company has the right, but not the obligation, to monitor the use of the Website and its content and, except as otherwise provided under Section 4, Privacy, may freely use and disclose any information and materials received from the Visitor or collected through Visitor's use of the Website for any lawful reason or purpose. Click here to view our Privacy Policy. Without limiting the foregoing, Company has the right to remove any material that Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

(b) Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.

(c) Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request.

(d) The posting of content, profiles or other information (collectively, the "Visitor Information") on the Website is subject to the prior approval of Company. Company has the right, in its sole discretion, to use and post Visitor's name in connection with any Visitor Information submitted by Visitor. Company reserves the right, in its sole discretion, to edit, refuse to post, or to remove any information or materials, for any reason, including, but not limited to the Visitor Information.

(e) Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website. Amendments to the Agreement will take effect immediately upon being posted to the Website, and Visitor's continued use of the Website constitutes Visitor's acceptance thereof.

(f) Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, database, hours of availability, and equipment needed for access or use.

(g) Company may also impose limits on certain features and services or restrict Visitor's access to parts or the entire Website without notice or liability.

The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any of the following:

(a)          The account’s suspension or termination of your account or the private account of any performer you follow;

(b)          A performer’s failure to add you to the performer’s private account;

(c)           Errors, mistakes, or inaccuracies of content;

  1. PAYMENTS

The Company accepts payment via the payment method indicated before the purchase. You must have a valid accepted form of payment on file in order to purchase a subscription. You must abide by any relevant terms of service or other legal agreement, whether with the Company or a third party, that governs your use of a given payment processing method. Prices for any subscription may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering. You will pay for any subscription that you order. The Company or their third party billing processor will charge your credit card or other form of payment for the price listed for the relevant subscription, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations. If you purchase any automatically renewing subscriptions, you hereby authorize the Company or its payment processor to charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and the Company is unable to charge you on the next billing period, the Company may immediately revoke your access to any subscription you have purchased until you update your payment method. If you fail to update your payment method within a reasonable amount of time, the Company may cancel your subscription.

  1. REFUNDS

Payments are nonrefundable and there are no refunds or credits for partially used periods. The Company may approve a refund in the form of a credit on request if exceptional circumstances exist, including if a performer fails to add you to their private account within 48 hours after your purchase a subscription to that performer’s private account (unless the failure to add was caused by your failure to provide accurate information). The amount and form of a refund, and the decision to provide it, is at the Company’s sole discretion. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances; nor does it obligate the Company to provide refunds in the future, under any circumstance.

  1. CANCELLATIONS

If you purchase a subscription to a account that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain access to the account from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. To cancel a subscription, please contact the payment processor that you paid through. You are solely responsible for making sure that any recurring billing is cancelled.

  1. BILLING DISPUTES

If you believe that the Company has charged you in error, you must notify the Company in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this 30-day period, you waive any disputed charges. You must submit any billing disputes by email to support@xpremiums.com and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against your future payments.

  1. INTELLECTUAL PROPERTY RIGHTS

(a) The Website is protected by copyright under United States copyright laws, international conventions, and other copyright laws. The Company's logo, slogans, and other distinctive designs are protected by the state, national, and international laws of trademark, trade dress, and unfair competition.

(b) All materials contained within the Website (the "Content") are protected by copyright. Visitor will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website.

(c) Visitor MAY NOT download and make copies of the Content and other downloadable items displayed on the Website for personal, noncommercial use. Copying or storing of any Content for other than Visitor's personal, noncommercial use is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the individual Content's copyright notice.

(d) By posting messages and Visitor Information, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Website, Visitor hereby grants to Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, prepare derivative works based on, and otherwise exploit such Communications, subject to Section 4, Privacy, in all manners and in all media now known or hereafter developed.

(e) Visitor hereby waives all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

  1. GRANT OF LICENSE – MATERIALS MAY NOT BE RESOLD OR OTHERWISE TRANSFERRED

THIS PRODUCT IS LICENSED ONLY FOR THE NON-COMMERCIAL PRIVATE EXHIBITION FOR THE INDIVIDUAL PURCHASER. YOU AGREE THAT ANY PUBLIC PERFORMANCE, OTHER USE, OR COPYING IS STRICTLY PROHIBITED. THIS AGREEMENT PERMITS YOU TO RECEIVE A SINGLE, NON-TRANSFERABLE, NON-ASSIGNABLE LICENSE FOR THE NON-COMMERCIAL PRIVATE EXHIBITION OF THIS PRODUCT. THIS PRODUCT IS NOT TO BE RE-SOLD AT ANY TIME. IN OTHER WORDS, YOU EXPRESSLY AGREE THAT THESE MATERIALS ARE FOR YOUR OWN PERSONAL USE ONLY, AND ARE NOT TO BE SOLD OR OTHERWISE DISTRIBUTED OR TRANSFERRED TO ANY OTHERS NOW OR AT ANY TIME IN THE FUTURE. XPREMIUMS.COM WILL, IN ALL CIRCUMSTANCES, VIGOROUSLY PURSUE ANYONE WHO INFRINGES UPON OR OTHERWISE VIOLATES ITS RIGHTS UNDER THIS CONTRACT OR AT LAW OR EQUITY FOR THE MAXIMUM REMEDIES, PROTECTIONS, AND STATUTORY DAMAGES ALLOWABLE UNDER BUT NOT LIMITED TO TITLE 17, UNITED STATES CODE, CHAPTER 5.

  1. DISCLAIMER AND RELEASE FROM LIABILITY

YOU UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED IN THIS PRODUCT IS FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY. STATEMENTS MADE, AND CONCEPTS CONVEYED THROUGHOUT THIS PRODUCT ARE PERSONAL OPINIONS ONLY. XPREMIUMS.COM AND THE AUTHOR MAKE NO REPRESENTATION OTHERWISE. YOU ARE RESPONSIBLE FOR YOUR OWN BEHAVIOR AND CONDUCT. NONE OF THE MATERIAL CONTAINED HEREIN IS TO BE CONSIDERED LEGAL OR PERSONAL ADVICE. YOU UNDERSTAND AND AGREE THAT THE COMPANY DOES NOT, AND WILL NOT, HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE ACTS, OMISSIONS, AGREEMENTS, PROMISES, COMMENTS, OPINIONS, ADVICE, STATEMENTS, OR OFFERS OF ANY PARTICIPANT.

THIS PRODUCT IS PROVIDED “AS-IS” WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER (EITHER EXPRESSED OR IMPLIED) AND YOU ALONE ASSUME ANY AND ALL RISK ASSOCIATED WITH USE OF THIS PRODUCT. BY PURCHASE AND/OR USE OF THIS PRODUCT YOU WAIVE ANY CLAIM WHATSOEVER AGAINST AND HOLD HARMLESS XPREMIUMS.COM AND ANY OF ITS OFFICERS, STAFF, ADVISORS, REPRESENTATIVES, OR DESIGNEES THAT MAY ARISE FROM SUCH USE.

IN THE EVENT THAT YOUR CREDIT CARD IS NOT HONORED FOR WHATEVER REASON (WHICH SOMETIMES HAPPENS) WE WILL RESUBMIT THIS TRANSACTION IN SMALLER MULTIPLE AMOUNTS AS NECESSARY TO COMPLETE PAYMENT. THIS WAIVER SPECIFICALLY ALSO INCLUDES BUT IS NOT LIMITED TO ANY CLAIM ARISING FROM A PRODUCT AND/OR SERVICE WHICH YOU PURCHASE FROM XPREMIUMS, INC OR ANY INFORMATION YOU RECEIVE VIA POSTAL MAIL, E-MAIL, FAX, OR OTHERWISE. THIS INCLUDES BUT IS NOT LIMITED TO RESPONSIBILITY FOR THE ACCURACY OR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. NEITHER XPREMIUMS, INC NOR ANY OF ITS OFFICERS, STAFF, ADVISORS, REPRESENTATIVES, OR DESIGNEES SHALL BE LIABLE IN ANY WAY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) FOR ANY DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM EITHER YOUR USE OF THIS PRODUCT OR YOUR INABILITY TO USE IT EVEN UNDER ANY CIRCUMSTANCE IN WHICH XPREMIUMS, INC OR ANY OF ITS REPRESENTATIVE(S) HAVE BEEN ADVISED OF POTENTIAL LIABILITY, DAMAGES, OR INJURY. CERTAIN APPLICABLE LAWS MAY NOT ALLOW ALL THE LIMITATIONS OF LIABILITY DESCRIBED HEREIN. TO THE EXTENT THAT ANY OF THE ABOVE REMEDIES AND/OR LIMITATIONS SHOULD BE DEEMED TO FAIL OF THEIR ESSENTIAL PURPOSES, YOU AGREE THAT XPREMIUMS, INC’S TOTAL LIABILITY TO YOU UNDER ANY CIRCUMSTANCES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSSES, DAMAGES, CAUSES OF ACTION, AND/OR NEGLIGENCE SHALL NOT EXCEED THE TOTAL PRICE OF THIS PRODUCT AT THE TIME OF PURCHASE.

  1. VISITOR’S CONVENANTS

Visitor represents warrants and covenants:

(a) That Visitor shall not upload post or transmit to or distribute or otherwise publish through the Website any materials which:

(i) Restrict or inhibit any other Visitor from using and enjoying the Website,

(ii) Are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,

(iii) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law,

(iv) violate, plagiarize, or infringe the rights of third parties, including, but not strictly limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights,

(v) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information,

(vi) Contain any information, software or other material of a commercial nature,

(vii) Contain advertising of any kind, or

(viii) Constitute or contain false or misleading indications of origin or statements.

(b) Visitor further promises not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. Visitor may not take any action which imposes an unreasonable or disproportionately large load on the Website's infrastructure (e.g., the sending of mass e-mail or junk mail, known as "Spamming"). Visitor may not disclose to or share Visitor's account number or password with any third parties or use the password for any unauthorized purposes. Visitor shall not link to the Website in any manner that would bypass the Website's home page. Visitor shall not "frame" the Website or any portion thereof.

  1. PERSONS OR PARTIES COVERED

This Terms of Use is intended to cover all visitors to www.xpremiums.com, all subscribers to lists or newsletters whether paid or unpaid, all members, resellers, or affiliates whether paid or unpaid, and all customers. Persons who visit or view this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as “Visitors” and are parties to this Terms of Use. Subscribers to lists or Newsletters are referred to herein as “Subscribers” and are parties to the Privacy Policy. Persons who join an organization or marketing endeavor (e.g. “affiliates” or “resellers”) promoted by this website are called “Members” herein and are covered by this Terms of Use and the Privacy Policy. Finally, anyone who orders, attempts to order, or receives a product sold (recipients) or advertised on or delivered from this website, even at no cost, is called a “Customer” herein and is subject to this Terms of Use not only by passive acceptance, but by virtue of the Purchase Agreement contract.

  1. PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED

In the event that a person excluded from this website because of the Terms of Use or from denial of service by the website, who nonetheless unlawfully views this site, that person remains subject to the terms of this Privacy Policy and is in violation of the Terms of Use.

  1. PERSONS UNDER 18 YEARS OF AGE ARE EXCLUDED FROM THIS WEBSITE

This website is not lawfully accessible to persons under the age of 18. If you are under the age of 18 you must leave this site immediately. Fraudulent use of this website may make you subject to civil or criminal sanctions.

  1. VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY

Acceptance of this Agreement is a portion of the consideration required for your right to visit the website. If you do not accept these terms, you have no right to visit this site and you are fraudulently using this site.

  1. A NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003 — OPPA)

It is the intent of the Privacy Policy to comply with the California Act. Various provisions throughout this Privacy Policy address requirements of the act. In summary, you must presume that we collect electronic information from all visitors. This is not usually personally identifiable. If you purchase a product or service via this website (and thereby become covered by the Act), the purchase agreement you electronically sign prior to purchase allows the website to collect and archive all the personal information you provide. Your information will NEVER be shared with 3rd parties. Under the terms of the purchase agreement, you have no right to view or receive any information about our database. In the event that the website, under advice of counsel agrees to divulge information, the requesting party must submit whatever information is demanded by the website to insure that the website is releasing information to the correct party. This Privacy Policy also is subject to change without notice. You are required to read it prior to using the website. By interacting with the website you agree to the terms and conditions of the Privacy Policy. By using the website or purchasing a product through this website, you waive the right to use state or federal court systems to address complaints and, instead, agree to use the American Arbitration Association located in a city and county specified herein.

  1. ABOUT THE PERSONAL INFORMATION THIS WEBSITE COLLECTS AND HOW IT IS USED

This website routinely collects information about its visitors, subscribers, members, and customers. This information is obtained in various ways, such as:

  1. VISITOR, SUBSCRIBER, MEMBER, OR CUSTOMER INFORMATION OBTAINED FROM ‘REGISTRATION’

Registration means that the Visitor, Subscriber, Member or Customer takes active, positive steps to communicate information to this website. This can include pages or ‘pop ups’ where you register for a newsletter or subscribe to a mailing list; it can include your participation in visitor surveys; it can include requesting information from the website via email, mail, or courier; it may be from joining an affiliate or reseller program, or other membership organization, paid or unpaid; it may be from ordering a product.

Occasionally complete credit card information may be provided to the website via fax or a fill-in form rather than regular secure merchant service processing. This information is kept at the highest level of security and is never divulged to anyone except the merchant service provider or for the purpose of communication with the customer.

  1. ONLINE ORDERING

Online ordering via SSL encrypted communication provided by shopping cart services supporting merchant service companies like Visa and Master Card provides information to the website but does not provide complete credit card numbers. In the process of online ordering, the customer provides, name, address, city, state, email address, phone number, CVV2 (back of card) number, and, occasionally a member password. You should consider all this information available to the website. This information is used to deliver the product, but under the Purchase Agreement you also approve its use for general solicitation purposes.

  1. VISITOR EMAIL INQUIRIES

Website visitors who wish to communicate with the website do so under two conditions: one, they give their permission for contact by the website; two, they are subject to any ‘submission’ provisions of the Terms of Use, Purchase Agreement, or this Privacy Policy. While your email address may or may not be used to solicit you, it is added to the website’s general solicitation database.

  1. CUSTOMER EMAIL OR TESTIMONIALS

If you are a customer and send an email to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit.

Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes.

  1. INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE ADVERTISERS

Visitors clicking on banners or pop-ups or hyperlinked advertising, appearing on this website must assume that information is being collected about them. This site is not responsible for the use of information collected in such a fashion. Visitors must assume that (1) information will be collected, (2) that ‘cookies’ will usually be placed on their hard drive, (3) that website does not have any control over what happens with this information, (4) that website takes no responsibility over the accuracy or content of advertisers, (5) that website is not responsible for downloads from third party advertisers that contain viruses or worms or other computer code that causes their computer or software harm, and (6) that website assumes no responsibility for the data that is garnered from the click itself or that the advertiser collects.

  1. INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS

If you send a friend an email from this site or if you send the url or one of our web pages to a friend, you must assume that some data is collected about your IP address or your email address and that of your friend. You must assume that referred emails or web pages may appear to come from your email. You must accept fully responsibility for referring pages or email to a friend and agree to indemnify this site for any damage, intentional or unintentional that results from said referrals.

  1. INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER SURVEYS

Unless otherwise specified in the survey, you must assume that any information provided to the website as part of a survey in which you participate may be used for general solicitation for commercial purposes and that such information will be shared with joint venture partners, affiliates, marketing organization or used by the site itself for product design or solicitation purposes.

  1. INFORMATION OBTAINED FROM ELECTRONIC MEANS AND ‘COOKIES’

Many websites, including this one, collect information about your computer, your email address, your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are.

“Cookies” is web jargon for bits of computer code placed on your hard drive. Websites use this to keep you ‘logged in’, to keep track of search criteria, to monitor use, to password protect use of the site or use of products sold by the site. Cookies can also be used to obtain information about your computer configuration or your use of your computer.

Cookies can be used to electronically gather information about you. Again, it may or may not be personal information, but it is information and by using this site you are expressly giving permission to use ‘cookies’ and to use the information gathered from their use to benefit you. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this site or joint venture partners, affiliates, and marketing organizations.

  1. HOW INFORMATION MAY BE USED

The use of information as described below may or may not be how information that is collected is customarily used by this site. Actual use of any information collected will be used quite conservatively. This information is not shared for general commercial solicitation by this website or other persons it is sold to, rented to, or shared with.

  1. INFORMATION THAT IS NOT SHARED

Credit card information or other financial information is not usually known to the website. However, in the event that it is made known, that information is never revealed to anyone except to processing authorities or law enforcement agencies. However, the provider of such information gives express permission to use it in fraud investigation or for litigation.

  1. BULLETIN BOARDS AND PUBLIC FORUMS

Visitors, subscribers, members, or customers who use any site provided bulletin boards or other public forums, such as chat rooms, do so at their own risk. You may not assume that the site monitors these services or protects you in any manner from information you post publicly or share with anyone else via these services.

  1. SPAM

By providing to this website information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us or other marketing organizations. However, all email communication with you shall contain an ‘unsubscribe’ link where you may notify the website that you no longer wish to receive solicitations or information from the website and your name will be removed from the general solicitation database.

  1. DATA SECURITY

This website takes measures to protect its data that contains information related to you. However, as a consideration for viewing this site or interacting with this site in any manner, you waive all claims of any nature against this site concerning the loss, alteration, or misuse of information. You must assume that it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm and that you agree that the site is not responsible for damages to you.

  1. QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS

You may direct questions, comments or reports to: support@xpremiums.com

  1. REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE

This Privacy Policy is dynamic. It will continually change. You may not assume that it remains the same and you agree to check the policy each time you visit the site for changes. Unless, in the sole opinion of the website, this policy changes so drastically as to suggest a posted notification on the site or via email, you will receive no notification of changes to this Privacy Policy nor, under any circumstances, does this site promise notification. Your continued use of this site always evidences your acceptance of the terms this Privacy Policy or any modifications.

  1. DISPUTES

As part of the consideration that the Website requires of the Visitor to view, use, or interact with this site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product or service, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller. Arbitration shall occur in Los Angeles, California.

In no case shall the Visitor have the right to go to court or have a jury trial. Visitor will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

  1. JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction to be in Los Angeles, California. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.

  1. APPLICABLE LAW

Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of California

  1. CLASS ACTION WAIVER

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.

  1. LIMITATION ON TIME TO BRING CLAIMS

A party will not file a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.

  1. SIGNATURES

(a) The parties may sign this agreement by fax or electronically instead of an original signature. The parties will consider fax or electronic signatures as original signatures that bind them to this agreement.

(b) Visitor acknowledges that any affirmation, assent, or agreement the Model sends through the Company platform in response to a prompt binds the Visitor. The Visitor further acknowledges that when the Visitor clicks on an “I agree,” “I consent,” or other similarly worded “button” or entry field using a mouse, keystroke, or other computer device, this action is the legal equivalent of the Visitor’s handwritten signature and binds the Visitor in the same way.

  1. INDEMINIFICATION

To the extent permitted by applicable law, You agree to indemnify and hold harmless, and upon Company's request, defend, Company, its directors, officers, employees, independent contractors and agents (each a "Company Indemnified Party") from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys fees and court costs (collectively, "Losses"), incurred by a Company Indemnified Party and arising from or related to any of the following:

(i) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement;

(ii) any claims that you have violated or infringed any third party intellectual property or proprietary rights including but not limited to any metadata, related trademarks and logos, or images and other materials that You provide to Company under this Agreement; or

(iii) Your use of the Company's Software or services.

  1. EQUITABLE RELIEF

Notwithstanding the foregoing, Visitor acknowledges that the performance of its obligations hereunder and the rights and licenses assigned to Company hereunder may be of a unique, unusual, extraordinary and intellectual character which could give them a special value, the loss of which may not be reasonably or adequately compensated in damages in an action at law, that a breach by Visitor of this Agreement may cause Company great and irreparable injury and damage and, therefore, while expressly reserving all of Company's rights and remedies hereunder, Company will be entitled to seek injunctive relief to prevent such injury or damage.

  1. HEADINGS

Paragraph headings, as used in this Agreement, are for convenience only and are not a part hereof, and shall not be used to interpret any provision of this Agreement.

  1. WAIVER

Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.

  1. ENTIRE UNDERSTANDING

This document constitutes the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.

  1. UNENFORCEABILITY OF PROVISIONS

If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.

  1. NOTICES

You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Website chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive. Notices to Company shall be sent to XPremiums, Inc. 2232 Dell Range Blvd. Ste 245 Cheyenne, WY 82009. Any party hereto may change its address for purposes of this Paragraph by written notice given in the manner provided herein.