xTool: DEMO ROOMS TERMS OF USE - PROGRAM

1. Overview

Please note that xTool reserves the right to change and interpret the following conditions at any time.

To allow potential customers to simulate the operation of xTool and get a realistic xTool experience, we have created a service platform. The platform allows potential customers to see how our machines work by watching videos and pictures of our existing users operating our products (services). This is a community project, partly to show how Hosts who already own machines use xTool, and partly in the hope that these real-life operational experiences will attract the interest of potential customers. You can see a vague address of Hosts on the demo room website. The hosts will receive an automatic email after your booking. They are expected to respond you with their schedule and address, contact details, etc. After that, you can connect with your hosts.

If Visitors are interested in purchasing xTool, they can do so via our Host referral link or the official website. When the Host we have selected meets the criteria for obtaining a machine for xTool, the Host will take ownership of the machine. At this point, xTool is not the owner or operator of the machine. xTool is not responsible for any actions taken by Visitors, Hosts, or other users of the community platform.

The host does not have any form of employment, partnership, representation, agency, joint venture, or franchisee relationship with xTool. xTool does not perform operations concerning Host. xTool does not supervise, direct, control, or monitor (1) the Host's demo room appointments, or (2) the quality or safety of the location or the Visitors attending the demo room appointments.

Please note that, as stated above, these services are intended to facilitate direct communication between the Host and Visitors. xTool cannot and does not control the condition, legality, security, or suitability of any Host, Visitors, or machine. xTool is not responsible for any appointments, machines, Hosts, Visitors, and other individuals and disclaims any liability in connection therewith.

2. Feedback

The Service may allow users to post ratings and comments about the Host (collectively, "Feedback"), in which case you are solely responsible for any content, opinions, statements, suggestions, or advancements contained therein. You agree that the submission of any ideas, suggestions, and/or recommendations to xTool is at your own risk and that xTool has no obligation whatsoever concerning such Feedback. You represent and warrant that you have all the necessary rights to submit feedback. You hereby grant xTool a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, and otherwise exploit commercially or non-commercially.

3. General

In connection with your use of our Services, you must not:
provide any content that (i) is unlawful, infringing, defamatory, vulgar, obscene, libelous, or racially, morally, or otherwise objectionable;

(ii) violates or encourages any conduct that may violate any applicable law or regulation or that may give rise to civil liability; incites discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(iv) is violent or threatening, or promotes violence or conduct that poses a threat to others or acts that pose a threat to others; 

(v) promote illegal or harmful activities.

harm the host in any way.

Intentionally or unintentionally violate any applicable local, state, national, or international law or regulation, or any court order.

stalk or otherwise harass any other user or host; or advocate, encourage, or assist any third party to engage in any of the foregoing activities described in this Section.

4. Interaction with Other Users

You are solely responsible for your interactions with other users and any other parties with whom you interact. You agree that xTool shall not be liable for any liability arising out of such interactions.

5. Indemnification

You agree to indemnify and hold xTool and its parent, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the "xTool Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) related to or arising out of

(a) your use of or inability to use xTool Machines;

(b) your violation of these Terms;

(c) your violation of any rights of another party, including your rights as a host or Visitors, and any loss or damage resulting from demo appointments;

(d) your interaction with Hosts and other users;

(e) your violation of any applicable law, statute or regulation.

xTool reserves the right, at its sole at its own expense, the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate fully with xTool in asserting any available defenses. Nothing herein shall require you to indemnify any xTool party for any unreasonable business practices or fraud, deceit, false promises, misrepresentation or concealment, suppression, or omission of any material fact relating to the Site or any services provided under this Agreement. You agree that the provisions of this section will survive the termination of your account, the Terms, or your access to the Services.

6.No Liability for Conduct of Other Users

You should use caution and common sense to protect your safety, data, and property when interacting with other users, just as you would when interacting with others you do not know. xTool is not responsible for any false or misleading statements made by users of the Service. You are solely responsible for all your communications and interactions with other users of xTool machines. You understand that xTool will not attempt to verify statements made by users of xTool machines.

7. Release

You hereby release xTool and its successors from claims, demands, any losses, damages, rights, and actions of any kind, including personal injury, death, and property damage, directly or indirectly related to or arising out of your participation in the Demo Room Platform and your interactions with other users, hosts or their guests.

8. Limitation of Liability

To the maximum extent permitted by law, you understand and agree that in no event shall xTool be liable for any lost profits, direct damages, personal injury, and tort, revenue, or data, indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the xTool machine and/or demo room reservation.

9. Dispute Resolution

a. Applicability of arbitration agreement.

You agree that any dispute or claim relating in any way to your access to or use of the Site, any product or distribution through the Site, or any aspect of your relationship with xTool, will be resolved by binding arbitration and not in a court of law, unless (1) you may assert in small claims court if you claim to be eligible, so long as the matter remains in court and progresses only on such a personal (non-class. non-representative) basis; and (2) you or xTool may seek equitable relief in court for infringement or another misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This arbitration agreement shall apply to, but not be limited to, all claims arising or asserted before the effective date of this Agreement or any prior version of this Agreement.

By agreeing to arbitrate with xTool, you agree in advance that you will not participate in or seek to obtain monetary or other relief in any action brought against the Company alleging that the Company is asserting class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring a claim against the Company in an individual arbitration proceeding. If the claim is successful, the arbitrator may award you money or other relief. You acknowledge that you have been advised that you may consult an attorney in deciding whether to accept this Agreement (including this Arbitration Agreement).

b. Arbitration rules and forum.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 16035 ARROW HWY IRWINDALE, California 91706 United States of America xTool will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions to Singapore International Arbitration Centre. The form of the arbitration shall be chosen to be a summary arbitration and the result of the arbitration shall be final.

c. Competence of the arbitrator.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, application, enforceability, or formation of this arbitration agreement, including, without limitation, any claim that all or any part of this arbitration agreement is invalid or voidable. The arbitration will determine the rights and liabilities, if any, between you and xTool. The arbitration proceedings may not be consolidated with any other matter, nor with any other case or party. The arbitrator has the power to grant motions to decide all or part of a claim. The arbitrator shall have the power to award monetary damages and to grant any non-pecuniary relief or remedy available to the individual by applicable law, the rules of the arbitration institution, and this Agreement (including the arbitration agreement). The arbitrator shall issue a written award and decision stating the underlying findings and conclusions on which the award is based, including the calculation of the damages awarded. The arbitrator has the same power to award relief on an individual basis as a judge of a court. The arbitrator's award is final and binding on both you and us.

d. Waiver of a jury trial.

You and xTool hereby waive any constitutional or statutory right to sue in court and have a trial before a judge or jury. You and xTool elect to resolve all claims and disputes by arbitration under this Arbitration Agreement, except as provided in Section 9a above. The arbitrator alone may award the same damages and relief as a court of law and must comply with this Agreement as if it were a court of law. However, there will be no judge or jury in the arbitration, and judicial review of the arbitration award will be very limited.

e. Waiver of class or collective actions.

All claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual, not a class, basis, only individual relief is available, and the claims of more than one customer or user may not be arbitrated or consolidated with the claims of any other customer or user.

f. 30-Day Right to Opt Out.

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out within 30 days after you first become bound by this Arbitration Agreement to xTool, 16035 ARROW HWY IRWINDALE, California 91706 United States of America, Attn. Customer Service/xTool Support Team. Your notice must include your name and address, your xTool user name (if any), the email address you provided when you first accessed the Services, and a clear statement that you wish to opt out of this arbitration agreement. If you choose to opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this arbitration agreement will not affect any other arbitration agreements you may have with us now or in the future.

g. Severability.

If any part of this Arbitration Agreement is held to be invalid or unenforceable under any law, that part or parts will be ineffective and will be severed, and the remainder of the Arbitration Agreement will remain in full force and effect.

h. Agreement Survives.

This arbitration agreement will survive the termination of your relationship with xTool.

I. Modification.

Notwithstanding anything to the contrary in this Agreement, we agree that if xTool makes any material changes to this Arbitration Agreement in the future, such changes will not apply to any individual claims for which you have provided notice to xTool.

10. General Provisions

a. Electronic Communications.

Communications between you and xTool will be by electronic means. For contractual purposes, you (1) agree to receive communications from xTool in electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures and other communications provided to you by xTool electronically satisfy any legal requirement that such communications be in writing. The foregoing shall not affect your statutory rights.

b. Assignment.

You may not assign, subcontract, delegate or otherwise transfer these Terms and your rights and obligations under these Terms without xTool's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing shall be void.

c. Force Majeure.

xTool shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riot, embargo, acts of civil or military authority, fire, flood, accident, strike or shortage of transport facilities, fuel, energy, labor or materials.

d. Problems, complaints, claims.

If you have any questions, complaints, or claims about the Company's machines, please contact support@xtool.com via this email. We will do our best to resolve your problem. If you feel that your issue has not been adequately addressed, we invite you to let us know of further investigation.

e. Applicable Law.

These Terms and any litigation relating thereto shall be governed by and construed by the laws of the State of California and shall be governed by and construed by the Federal Arbitration Act, without prejudice to the principle that the laws of other jurisdictions shall apply to any provision. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

f. Choice of Language.

It is the express wish of the parties that these Terms and Conditions and all related documents be drafted in English.

g. Notice.

Where xTool requires you to provide an email address, it is your responsibility to provide xTool with your most recent email address. If the last email address you provided to xTool is invalid, or if for any reason it is not possible to send you a notice required/allowed by these Terms, an email sent by xTool containing such notice will still be a valid notice. You may give notice to xTool at the following address: 16035 ARROW HWY IRWINDALE, California 91706 United States of America. xTool shall be deemed to have received such notice when deposited in the mail at such address by xTool by a nationally recognized overnight delivery service or first class postage prepaid. Delivery.

h. Waiver.

No waiver or failure to enforce any provision of these Terms on one occasion shall be deemed to be a waiver of any other provision or a waiver of such provision on any other occasion.

I. Severability.

If any part of this Agreement is held to be invalid or unenforceable, that part shall be construed in such a manner as to reflect, as nearly as possible, the original intent of the parties, and the remaining parts shall remain in full force, and effect.

j. Consumer Complaints.

You may submit complaints, suggestions, or feedback. Email address:support@xtool.com Service hotline:+1 (775)587-7760 Monday to Friday, 9:00 - 18:30

k. Complete Agreement.

These Terms are the final, complete, and exclusive agreement between the parties concerning the subject matter hereof and supersede and consolidate all prior discussions between the parties concerning such subject matter.