PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY CONTINUING TO ACCESS AND USE THE PLATFORM, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.
Members are only eligible to use the Platform if they are at least eighteen (18) years of age and are capable of entering into a legally binding contract. By accessing and using the Platform, Members represent and warrant that they are eighteen years of age or older and have the legal and mental capacity to enter into a legally binding contract.
Members agree to comply with any applicable export control laws in the Member’s local jurisdiction, and each Member represents and warrants that (i) He or She is not located in a jurisdiction that is subject to an embargo, or that has been designated as a terrorist-supporting country by the US government, or (ii) that the Member has not been included on a list of U.S. government prohibited or restricted parties. 2Xcape may update these Terms periodically and those changes will become applicable to You if You use the Platform thereafter. You will not be permitted to access or use the Platform unless You agree with the updated Terms. 2Xcape will notify You of any changes made to these Terms.
Members are solely responsible for determining any laws, rules or regulations that apply to Them, and ensuring that they understand and comply with those laws and rules regarding offering their home, apartment, condominium, or any dwelling (hereinafter, “Residence”) for an exchange (hereinafter, “Exchange”), including, but not limited to, whether any licenses, permits, or other registrations are required before entering into an Exchange. 2Xcape encourages all Members to seek independent legal counsel if they have questions about compliance.
DEFINITION OF TERMS
“Deposit” means the security deposit detailed under the 2Xcape Service provision description found on the Platform.
“Account” means the Account that must be created to allow an individual to become a Member and access the Services offered on the Platform.
“Exchange” means a residence Exchange entered into between Members.
“Username” means the username chosen by the Member when creating His or Her Account to allow Him or Her to access His or Her Account.
“Password” means the password chosen by the Member when creating His or Her Account that allows Him or Her to access His or Her Account.
“Listing” means any residence described on the Platform published by a Member, including any User Content used to describe such Listing. Each Listing has a unique identification number on the Platform.
“Member” means any person who registers on the Platform, and by doing so accepts these Terms.
“Verified Member” means a Member whose residence address and identity (first and last name) has been confirmed by 2Xcape through its verification service.
“Aggrieved Member” means a Member who initiates a complaint against another Member.
“Accused Member” means a Member who has been accused of wrongdoing by an Aggrieved Member.
“Residence” means any residential real property (excluding, without limitation, campers, boats, mobile homes, and other impermanent structures), which a Member has the legal and/or contractual right to offer on the Platform.
“Service” or “Services” means any service rendered by 2Xcape to a Member through the Platform, whether free or subscription-based, including, without limitation, the 2Xcape Service.
“2Xcape Service” means the subscription-based services offered by 2Xcape on the Platform, which allows Members to enter into an Exchange, and includes additional services more fully described on the Platform.
“Verification” means the service provided by 2Xcape that, (i) verifies Members’ identity using uploaded images of forms of identification, and (ii) verifies Members’ Residence with uploaded images of utility bills or other forms of proof.
“We”, “Us”, and “Our” means 2Xcape.
“You”, “Your”, “Yourself ” means any Member who uses the Platform, either by accessing the Platform, Listings, Application or Services.
GENERAL USE OF THE PLATFORM
The Platform may contain sites that You or Our Members may post or submit information, including text, photographs or other images or information (hereinafter, “User Content”). Please review these Terms carefully. We reserve the right to remove or refuse any User Content that does not comply with the rules set forth herein. When using the Platform, You agree that You will:
Only post User Content to the Platform if You have a right to do so, including permission from any individuals who appear, or referred to in Your User Content.
Not provide false or misleading information to any Member or to 2Xcape.
Not post on the Platform, or transmit to other visitors, Members, Us, or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening or harassing images or text. Further, you may not post any images or text that promotes racism or ethnocentrism. You may not post any sexist or ageist text or images, or any text or images that promotes gender or sexual orientation discrimination. You may not post any illegal material, or any material that infringes or violates another party's rights, including, but not limited to, rights to intellectual property, privacy or publicity.
Not use any of the Platform to violate any applicable law and not to post or send any content, or engage in any conduct that subjects any visitor, Member or Us to any threat of civil or criminal penalties.
Not upload or transmit any files that contain viruses, corrupted files, trojan horses, malicious code, or any other similar software or programs that may harm the operation of another's computer or gain otherwise unauthorized access to their computer.
Not advertise to or solicit other Members or visitors to buy or sell any products or services. Any attempt to collect or use email addresses from Members to email individual Members or groups of Members, other than for the purpose of arranging an Exchange between Members, violates these Terms.
Not accept payment from a third-party in exchange for performing any commercial activity on the Platform without 2Xcape’s express permission.
Not impersonate any person, or entity, or falsely state or misrepresent Your affiliation with any person or entity.
You further agree that:
You assume all liability for Your use of any information appearing on the Platform.
You have the authority to enter into this Agreement, to post Your Listing and to offer your home for Exchange.
You are solely responsible for Your communications and relationships with other Members.
2Xcape has the right, not the obligation, to monitor use of, or access to, the Platform for the security of Members, the Platform, compliance with these Terms and applicable law, rule, regulation or court order. Members agree to cooperate with any investigation conducted by Us, or any legal authority, resulting from the misuse of the Platform.
If You believe that a Member has violated these Terms, or has behaved contrary to law, You should immediately report that Member to 2Xcape and/or to the appropriate legal authorities. Any report made to 2Xcape, and/or legal authorities, does not require 2Xcape to respond in any particular way, except as required by law.
Any web address or URL link must be approved by 2Xcape. Email addresses and other contact information must reside only at designated locations on the Platform. All other references to specific web addresses, websites, email addresses or phone numbers may be removed without notice.
2Xcape does not guarantee the accuracy of any language translations; Members should verify any translations provided.
Your Account is for Your sole, personal use. Companies and businesses may not be Members.
MEMBERSHIP TERMS AND CONDITIONS
You may not authorize others to use Your Account without Our express consent. You may not assign or transfer Your Account to any other person or entity without Our express consent.
Creating an Account
In order to register on the Platform, You must first create an Account by providing the personal information requested, including first and last name, telephone number and email address. Members must keep Their Account information current at all times. 2Xcape will, under no circumstances, be held responsible for information communicated by Members that is erroneous or fraudulent. Upon registration, You must; (i) be at least eighteen (18) years of age, and (ii) have the legal or contractual right to post the Residence on The Platform for the duration of the post.
2Xcape reserves the right to refuse, without justification, the registration of any Member Account. However, We may not violate any Member’s constitutional or other rights.
Upon registration, Members will select a Username and Password, which can only be changed at the Member's request. Each Member is solely responsible for His or Her Username and Password, and agrees to keep them confidential. Each Member is solely responsible for any third-party misuse of their Username and Password and agrees to indemnify 2Xcape against any claim relating thereto. In addition, 2Xcape is not liable for the identity theft of any Member or third-party. If a Member believes that a third-party is using that Member’s identity, or is fraudulently using His or Her Account, He or She must immediately notify Us. In the event of loss or theft of a Member’s Username or Password, the Member must immediately change His or Her Username and/or Password, and is solely responsible for any losses relating thereto.
You agree to only create and/or use one Account. Any exception to this rule requires 2Xcape’s prior written consent. Any Account created in violation of this provision will be removed and We may bar that Member’s future use of the Platform.
Any User Content contained in Member Listings is not attributable to any employee, agent, or partner of 2Xcape; all Members act exclusively on Their own behalf. 2Xcape does not, in any manner, control or direct any Member. Each Member acknowledges and agrees that He or She has complete discretion whether to post a Listing or enter into an Exchange.
Listings must be accurate and include the following: A description, location, availability dates, deficiencies, restrictions, rules, and any other information required by 2Xcape.
A Residence can only appear once on the Platform, even if several people hold title to that Residence.
Any particular terms or conditions contained in a Member’s Listing cannot conflict with these Terms.
2Xcape makes no guarantee regarding the particular placement of a Member’s Listing. The placement of Listings in 2Xcape’s search results may vary and depend on a variety of factors within the Listing.
All Members represent and warrant that the posting of Their Listing, and any acceptance of an Exchange, will not breach any agreements a Member has entered into with any condominium association or homeowners’ association, or breach cooperative agreements or any other agreements. And that it complies with all laws, including zoning or tax laws, license or permit requirements, or any other law, rule, or regulation applicable to the Residence or Listing. All Members are responsible for their own acts or omissions and for those of any persons present at the Residence.
Accounts Closed by 2Xcape
Should a Member act in violation of these Terms or any other rules or regulations issued by 2Xcape, or exhibit any conduct contrary to our mission, values, or rules, or break any law, rule, regulation, or any other legal order, 2Xcape reserves the right, without compensation, to limit that Member’s access to the Platform and remove any User Content or close the Account.
The following behaviors are strictly prohibited and may result in Account closure:
Providing false or misleading information upon Account registration.
Providing false or misleading User Content.
Creating multiple accounts for the same Residence.
Creating fake accounts.
Infringing upon the rights of third-parties.
Posting or distributing to other Members, or to 2Xcape, any defamatory, violent, abusive, harassing, obscene, threatening, sexist, pornographic, racist, homophobic, xenophobic, discriminatory, illegal, or controversial material or content.
Behaving in a discriminatory manner towards any Member or third-party.
Impersonating any person or entity or falsely stating or misrepresenting Your affiliation with any person or entity.
Transmitting unsolicited commercial emails or other communications.
Diverting Members away from the Platform or following Members on social media networks for commercial purposes.
Uploading or transmitting any files that contain viruses, corrupted files, trojan horses, malicious code, spyware, or any other software or program that may harm the Platform, other Members, third-party computers or other property or legal rights of third-parties.
Posting or distributing information or content that has the purpose or effect of diminishing, preventing, or interfering with Our provision of Services or the functioning of the Platform.
Tampering with another Member’s Account.
Using robots, spiders, scrapers or other means used to access or collect User Content hosted on the Platform.
Collecting or using any information about Members, including email addresses and any other private information.
Using anything, including hyperlinks, intended to prevent or restrict access to the Platform.
Offering or soliciting any Residence for rent.
Exchanging a Residence outside the Platform if that Residence is listed on the Platform.
Collecting or providing Member information about vacation periods with the intent to facilitate burglary of a Member’s Residence.
Advertising to other Members, or soliciting other Members, to buy or sell any products or services unrelated to an Exchange.
The foregoing is not exhaustive; 2Xcape reserves the right to remove, without warning or notice, any User Content that is contrary to these Terms or compromises Member security or the Platform.
By closing an Account for breach of these Terms, 2Xcape does not waive its right to any damages We may claim. Closure of a Member’s Account following a violation under these Terms will result in the termination of the Member’s current subscription without a refund.
Account Closed by Member
Members may terminate their subscription at any time. However, if an Exchange is in progress on the date of the request, the Account will remain open until the Exchange and any related transactions are complete.
Upon Account closure, clauses of these Terms that should survive termination, will survive termination.
All Services included with Your subscription, are indivisible and cannot be subscribed to individually.
2Xcape provides an exchange management service which allows a Member to publish a Listing, to propose an Exchange of His or Her Residence, and allows another Member to review the Listing and book the Residence proposed for Exchange. 2Xcape is a Platform provider. When Members enter into an Exchange, they are entering into a contract with each other. 2Xcape does not become a party to any Exchange, nor is 2Xcape a real estate broker or insurer. 2Xcape does not act as an agent in any capacity for any Member during an Exchange. The exchange management services provided by 2Xcape are automated. As such, all contact between Members is initiated by Members, and 2Xcape does not intervene in any manner unless necessary.
Each Exchange is a limited license granted by Members to enter, occupy, and use the Residence for the specified period. To the extent permitted by applicable law, Members reserve the right to re-enter Their Residence at the conclusion of the Exchange. Should a Member fail to vacate a Residence at the end of the defined Exchange period, a Member may take all legal action to compel the Member to vacate. Members agree to pay for each additional 24-hour period in which that Member held over the Residence, and pay any other damages arising from the breach. Members authorize 2Xcape to deduct damages from the Member’s Deposit.
Members agree not to enter into any Exchange of a Residence listed on the Platform outside the Platform. A violation of this provision will result in immediate Account closure. Member information (name, telephone number, address, etc) must only be communicated to another Member relative to an Exchange.
2Xcape does not guarantee the legality of an Exchange entered into and between Members, or any Member’s performance under the Exchange contract. Further, 2Xcape makes no guarantees regarding the availability of a Residence, its condition, or any other promises between Members.
Members assume the risks associated with providing or procuring a Residence for Exchange, including the risk of damage to, or theft of, Their property. Members are free to select another Member who will use His or Her Residence.
Members are solely responsible for the acts or omissions of each and every licensee present at the Residence. Licensees must comply with any requirements or rules set forth by another Member. Members represent and warrant that They are legally entitled to act on behalf of any minor included in the Exchange. No minors may participate in any Exchange unless accompanied by a parent or legal guardian.
2Xcape provides Members with a free Messaging Service for the purposes of facilitating an Exchange, or to share experiences regarding past Exchanges. However, use of the Messaging Service does not entitle users to enter into an Exchange. The Messaging Service is automated and 2Xcape does not intervene in any manner. Members are solely responsible for any and all information communicated using the 2Xcape Messaging Service.
Prior to entering into Their first Exchange, Members must pay an annual subscription fee that entitles the Member to an unlimited number of exchanges during a twelve (12) month period. Price information is available on the platform.
If the Member terminates Their Subscription during the current term, no refund is due.
2Xcape will request verification of each Member’s name and address when the Member creates an Account. All Members must provide proof of address and government- issued photo identification. 2Xcape reserves the right to accept or reject the supporting documentation submitted for verification. When a Member’s name and address are verified, tha Member becomes a “Verified Member”.
Although a Member’s name and address are verified, it does not guarantee the accuracy of any content provided by that Member, nor does it guarantee the accuracy of the Listing. 2Xcape provides no endorsements or assurances with regard to Verified Members and Their Listings.
Ratings and Reviews
Following the Exchange, Members may leave a review of the Residences exchanged and submit a related star rating made available on the Member’s Account profile. Reviews or ratings only reflect the views of the individual Member and 2Xcape does not guarantee the accuracy. Each Member who provides a review or rating agrees to only provide information that is accurate. Reviews cannot be defamatory nor contain offensive language or be used to extort. Members may not instruct or encourage other Members to leave false or misleading reviews or ratings.
Deposit Management Service
The Deposit Management Service provides Member protection in case of cancellation by a Member; protection in case of Residence inaccuracies; protection in case of damage or theft by a Member during the Exchange; and personalized assistance under emergency circumstances, 24 hours a day, 7 days a week.
Deposit Management Service allows a Member to protect themselves, totally or partially, against the risk of cancellation, theft, loss or damage to His or Her Residence. A Member’s card will be charged the Deposit amount if Their defense, if any, fails.
In case of damage, loss, or theft, an Aggrieved Member may make a claim by email to firstname.lastname@example.org within ten (10) calendar days following the last day of the Accused Member's stay. It should include a description of, and estimate for, the damage, loss, or theft, and include all relevant documentary evidence. 2Xcape will notify the Accused Member of the Aggrieved Member’s claim by email.
If the Aggrieved Member does not have all documentary evidence that is required within ten (10) days, the Aggrieved Member must request an extension from 2Xcape, which will not to exceed thirty (30) days from the last day of the Accused Member's stay. Any claim beyond these time limits is barred.
Accused Members must respond to the notice of a claim within ten (10) days of receipt of notice from Us.
If a claim is made by an Aggrieved Member, the Accused Member must respond within ten (10) days or Her or His defense is barred; the Aggrieved Member’s claim will then be deducted from the Accused Member’s Deposit.
If the Aggrieved and Accused Members respond timely, resolve the dispute, and both parties notify 2Xcape within seven (7) days, the claimed amount will be paid to the Aggrieved member within fourteen (14) days after notification.
If an Accused Member’s debit or credit card is declined on the date of payment, the Accused Member remains liable for the amount of the damage, and is required to pay the full deposit to Us, within five (5) calendar days, using the following alternative methods: bank transfer, PayPal, or other valid credit or debit card.
We may attempt to resolve the dispute, however, We do not guarantee a successful resolution.
All Members agree to cooperate with, and make good faith efforts to, assist 2Xcape and other Members to resolve any disputes related to an Exchange, and take all action required to resolve the dispute.
Protection upon Cancellation
If a Member cancels an Exchange outside the cancellation window, We will, with proof of alternate lodging expenses, charge the Accused Member’s card up to the full amount of the Deposit. 2Xcape strongly recommends that Members book refundable transportation.
Member Protection upon 2Xcape Cancellation
In case of emergency, 2Xcape may be required to cancel an Exchange. In this case, 2Xcape may provide a remedy We deem appropriate.
Protection from Substandard or Inaccurate Residence
A Residence is considered substandard or inaccurate if it differs substantially from the Accused Member’s Listing. With proof of relocation expenses, We will reimburse the Aggrieved Member up to the full amount of the Deposit.
Coverage for Damage, Theft, or other Loss
If an Aggrieved Member prevails in Her or His claim, 2Xcape will reimburse that Member up to the full amount of the Deposit.
In case of damage or theft, an Accused Member will indemnify 2Xcape for any damages paid by Us to the Aggrieved Member.
2Xcape provides assistance to Members by live chat during regular business hours, and provides email support twenty-four hours a day, seven days a week.
Rates and Terms of Payment
Access to Our Services requires an annual subscription, which grants Members access to an unlimited number of Exchanges during a twelve (12) month period. The annual subscription fee must be paid prior to accessing the Listings.
Prices will be listed in United States Dollars. Members will be solely responsible for the payment of all applicable taxes resulting from Their use of the Platform. 2Xcape will not be liable for any Member’s bank or credit card fees, or charges, related to the Member’s subscription payment.
Prices offered by 2Xcape are subject to change. Any price change is effective upon notice.
Payment for Subscriptions
Subscription payments may be made by credit or debit card. 2Xcape may accept or reject payment by check or wire transfer. All payments are non-refundable, except when a Member requests timely Subscription cancellation.
Cancellation of Account
Members may cancel an Account within seven (7) days of activation, and only if no Exchanges have been scheduled.
To cancel an Account, You must send an email to: service@2Xcape.com or complete the form available on the Platform.
2Xcape will confirm cancellation using the email address of record.
Refunds will be issued to the payment method on file no later than fourteen (14) business days following the cancellation date.
A Member may cancel an automatic subscription renewal within seven (7) days from the first day of the automatic subscription renewal.
Members are solely responsible for obtaining and maintaining valid homeowner’s, renter’s, auto or other insurance required by law or Us. Insurance must remain in full force and effect throughout the duration of the Exchange. Any lapse in insurance may result in the immediate cancellation of a Member’s Account. In addition, 2Xcape may request that a Member promptly provide proof of insurance. Failure to provide requested documentary proof may result in cancellation of a Member’s Account.
It is the responsibility of Members to understand Their insurance coverages and the coverage provided by other Members. You are solely liable if Your participation in an Exchange violates any agreement or policy provision between Your insurance provider and You.
PLATFORM AND CONTENT FOR LIMITED PURPOSES ONLY— PROHIBITION AGAINST SPAM
The Platform is a service offered by 2Xcape, a private organization, and any information available to Members is private and not within the public domain. All content made available to Members is for the purpose of arranging an Exchange.
The Platform must not be used for solicitation or for any commercial use. Data mining of information from the Platform and/or collecting or storing personal information about Members is strictly prohibited. Any attempt to collect or use the personal information of Members or the contacting of Members, other than for the purpose of arranging an Exchange, violates these Terms.
Inquiries and communications may be monitored, filtered and revised by 2Xcape, prior to and/or after, delivery to Members. However, 2Xcape is not responsible for undelivered inquiries or for opportunities missed as a result of undelivered inquiries.
We have the right to remove any content that violates the law or these Terms. You are solely responsible for the content of the material You post/communicate while using the Platform.
2Xcape does not participate in, or condone, the sending of unsolicited, commercial email (“SPAM”). We reserve the right to cancel, without refund, any Member’s Account that refers to 2Xcape, Our Websites, URLs, or any associated email address, in any SPAM message. We reserve the right to restrict any Member on Our Platform who solicits another Member for any reason unrelated to an Exchange. Violators may incur severe civil or criminal penalties. You may be required to indemnify 2Xcape for any damages paid by Us.
COPY AND INTELLECTUAL PROPERTY RIGHTS
User Content is owned by You or whoever creates it. By posting User Content to the Platform, You grant to Us a non-exclusive, transferable, sublicensable, royalty-free, irrevocable, worldwide license, to use, copy, perform, reproduce, promote, publish, display and distribute User Content, and all copyright, in, and to, each and every photograph, video, image, and all information related to Your Listing. You grant these rights to Us free of charge and without claims of authorship or ownership. You represent and warrant that You have the right to grant these rights and licenses. You agree not to post any User Content without permission from the author or photographer or anyone depicted therein.
You are responsible for determining whether Your User Content is protected by copyright, trademark, trade secret, right of publicity, or other proprietary right. You agree not to upload, post, or transmit, any User Content, or information, protected by law, without express permission from the owner. You are solely liable for any damages that result from your infringement. You further agree to indemnify, defend, and hold 2Xcape blameless, against any and all claims or losses, incurred by Us, on your behalf.
Except for any User Content, all other content on the Platform, including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content, is owned or licensed by Us, and protected under United States copyright law.
You agree to not change or delete any indicators of ownership from materials downloaded or printed from the Platform.
You agree to not copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivative works from any thing appearing in any User or Platform Content unless it is Your own, or you are granted prior, express consent, by the owner.
Subject to Your compliance with these Terms, 2Xcape grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to; (i) download and use the Application on Your mobile phone, tablet, and/or other electronic device(s), and (ii) access and view any Platform Content.
We respect the intellectual property rights of others and require that You do the same. If You believe that Your proprietary work has been copied in a way that constitutes infringement, please forward the following information to 2Xcape’s copyright agent, designated as such, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2):
A physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
A description of the copyrighted work that You claim has been infringed, and a description of where the material that You claim is infringed is located on the Platform. Include Your address, telephone number, email address, and a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by You, made under penalty of perjury, that the provided information in Your statement is true and accurate, and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
LINKS TO OTHER WEBSITES
You use the Platform at Your own risk. We make no express or implied warranty regarding anything contained in a Listing, including the existence or condition of real or personal property. 2Xcape has the right, but not the obligation, to pre-screen, monitor or remove any User Content. 2Xcape uses various tools and procedures designed to screen Members. However, We do not perform background checks, require prospective Members to provide references, or accept any obligation to independently verify (except as provided herein) the information posted by Our Members on Their Listings. We do not warrant or guarantee the behavior of Members or Their guests, including the determination of whether or no a relationship between Members conflicts with federal, state, or local law, or third-party agreements, or other rules and regulations.
You assume all responsibility and risk for Your use, of and reliance on, the Platform. Platform Content is provided on an “as is” or “as available” basis. 2Xcape and its subsidiaries, affiliates, officers, directors, employees, agents, and licensees (hereinafter, “2Xcape Parties”), make no warranties of any kind as to the accuracy of any information included on the Platform, the operation of the Platform, or the information, content, features, materials, or products included thereon.
To the extent permitted by law, the 2Xcape Parties disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, habitability, fitness for a particular purpose, non-infringement of intellectual property rights, or other proprietary rights. We are blameless for any errors, viruses, bugs, or other harmful components.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Platform, and We neither adopt nor endorse any opinion or information, nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by any party. Under no circumstances are We responsible for any loss, or damage resulting from any person's reliance on information, or other content posted on the Platform, or transmitted to Members.
The 2Xcape Parties will not be liable for any damages arising from the operation of the Platform, including direct, indirect, general, special, compensatory, incidental, punitive, or consequential damages, or damages resulting from loss of use, data, profits, goodwill, or business interruption, or for any damages for personal or bodily injury, or for emotional distress, arising out of the Platform use. The 2Xcape Parties are not liable for Your communications, Your meetings with other Members, Your published Listing or Your participation in an Exchange. In addition, the 2Xcape Parties are not liable for any contract, tort, negligence or strict liability claim. 2Xcape’s liability, if any, will not exceed the $149 (U.S.) membership fee.
Some jurisdictions do not allow the disclaimers, exclusions, or limitation of certain warranties, liabilities and damages. Therefore, some of the above disclaimers, exclusions, and limitations may not apply to You. In those jurisdictions, the liability of the 2Xcape Parties will be limited to the fullest extent permitted by applicable law.
THIRD-PARTY DISPUTES AND RELEASE
You are solely responsible for any claim, demand, or damage arising out of the breach or violation of any third-party agreement, or obligation, to which You or Your property are subject. This includes licenses, lease agreements, insurance policy provisions, homeowners association’s, condominium or co-op board bylaws, or state and local law. You release the 2Xcape Parties from any claims, demands, and damages of every kind, known and unknown, arising out of, or in any way connected to, any third-party agreement or obligation, to which You or Your property are subject.
You agree that any dispute between 2Xcape and You will be resolved by binding arbitration (hereinafter, “Arbitration”). The arbitrator will be chosen from a list supplied by the American Arbitration Association, heard in Clark County, Nevada, using the American Arbitration rules of Commercial Arbitration (hereinafter, “Applicable Rules”). The Applicable Rules can be found at www.adr.org/commercial.
2XCAPE AND YOU AGREE THAT ALL CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY OTHER ARBITRATION, OR WITH ANY OTHER CLAIM, OR CONTROVERSY, OR ANY OTHER PARTY.
Either You or 2Xcape may seek any interim or preliminary relief, from a court of competent jurisdiction in Henderson, Nevada, if necessary to protect Yours or Our rights or property.
If any provision of the arbitration agreement is found to be unenforceable, the unenforceable provision(s) will be severed, and the remaining arbitration terms will be enforced. Notwithstanding any law or statute to the contrary, notice of any claim arising out of, or related to, these Terms, must be made within one (1) year after the claim arose, or it is barred. For purposes of this section, these Terms and related transactions will be subject to, and governed by, the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). Furthermore, this section will not prevent any party from seeking provisional remedies, in law or in equity, from a court of competent jurisdiction.
This section will survive the termination of the Platform. If these arbitration provisions are inapplicable to You, or to a claim or controversy, You agree that the claim will be resolved exclusively in a state or federal court located in Clark County, Nevada. You and 2Xcape agree to submit to personal jurisdiction of a court in Clark County, Nevada.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. TO OPT OUT, YOU MUST DO SO WITHIN THIRTY (30) DAYS FROM THE DATE THE CAUSE OF ACTION AROSE BY SENDING AN EMAIL TO service@2Xcape.com.
You agree to service of process by email to the email address You registered on the Platform. Each party will initially bear the cost for Arbitration. However, the prevailing party is entitled to recover the cost for expert witness fees, attorneys' fees and arbitrator's fees. This paragraph is void where prohibited.
WAIVER OF JURY TRIAL; NO CLASS ACTIONS
2Xcape and each Member acknowledges and waives the right to a jury trial in favor of Arbitration.
2Xcape and each Member acknowledges and agrees to waive the right to participate as a plaintiff, or to become a class member in any class action lawsuit, class-wide arbitration, private attorneys-general action, or any other legal proceeding.
Notwithstanding the foregoing, You may benefit from the laws of your country of origin, and You may pursue all available remedies.
If any part of these Terms is deemed illegal, invalid, unenforceable, or prohibited by law or regulation, in any jurisdiction, that part is severed and the remainder of these Terms remains in full force and effect.
Failure or delay by 2Xcape to exercise any right, power, or privilege under these Terms, will not constitute a waiver; neither will the partial exercise of any right, power, or privilege bar Our exercise of any other right, power, or privilege under these Terms.
The headings in these Terms are for convenience only and have no legal or contractual significance.
2Xcape may assign its rights under this Agreement without Your prior notice or consent. You may not assign your rights under this agreement without Our express consent.
2Xcape reserves the right to amend these Terms at any time, with or without notice; however, the date of the last update will appear at the beginning of these Terms. Any modification will be effective upon that date.
If You have any questions or concerns about these Terms, please contact Us by email at email@example.com.
2xcape is a web service built on the 2Xcape platform. The general terms of 2xcape below apply also to the use of 2xcape
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the 2xcape service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from 2xcape and terminate their right of use of the service without any specific reason and without being liable for compensation.