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Term & Conditions

Xclusive Collectibles Terms, Conditions & General Policies

With Xclusive Collectibles, we want to give the opportunity to lower members’ sellers fees while also promoting a fair environment for both buyers, sellers and forum users. Xclusive Collectibles reserves the right to make changes to policies and conditions. Blox & Xclusive Collectibles (Collectables) retains the right as arbitrator in vendor/customer disputes.

Xclusive Collectibles reserves the right to make changes to policies and conditions. Blox & Xclusive Collectibles (Collectables) retains the right as arbitrator in vendor/customer disputes.

General Policies

 

Our goal is to make Xclusive Collectible a fair market for BOTH buyers & sellers.

 

Here are some of our general policies:

  • Don’t treat anyone how you wouldn’t want to be treated

  • If you list something, and sell it somewhere else, be sure to take down your listing here so it doesn’t sell here. 

  • You can only have one account, if it’s discovered that you have another account, we may purge that account from our system or we just may put the second accounts’ items into a redirect loop

Xclusive Collectibles will evolve into the Xclusive App.  As we grow, we will incorporate different markets onto the app as well as allow business professionals to market their services.  We want to embrace what works, but do things better 

All terms and agreements apply to both users and vendors

 

 

Buying & Selling with Crypto Currency Terms & Conditions

Buying & Selling with Digital Currency

For users who buy & sell on the site, there are additional terms, agreements & information that guide these transactions.

 

Selling Collectibles for Digital Currency

 

The information for Buyers of collectibles for digital currency can be found here:

 

Buying Collectibles for Digital Currency  

The information for Buyers of collectibles for digital currency can be found here:

 

 

General Terms & Conditions

1. Introduction

These Terms and Conditions, together with all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which Blox LLC (“Blox”) & Xclusive Collectables (“also known herein as Xclusive & Xclusive Collectibles”) offers you access to and use of our Services. You can find an overview of our policies here. All policies and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to be bound by and comply with all terms of these Terms and Conditions when accessing or using our Services.

 

The entity you are contracting with is: Blox, LLC, located in Bolingbrook, IL 60440. “Xclusive” being an assumed name of Blox, LLC. “Blox” and “Xclusive” are individually and collectively referred to herein as “Xclusive,” “we,” or “us.”

 

This Terms and Conditions constitutes an agreement between Xclusive and the users/vendors/sellers who use this site.  

Please be advised that these Terms and Conditions contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

2. About Xclusive

 

Xclusive is an online marketplace allowing users to offer, sell and buy goods in a wide variety of pricing formats and locations. The actual contract for sale, and any and all parts thereof, is between the buyer and seller directly. Xclusive is not a party to any offer, acceptance, sale or contract between buyer and seller unless an item is specifically states as sold by us. Further, Xclusive has no control over and does not guarantee: the existence, quality, safety or legality of items advertised by other vendors that sell on this site; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

3. Use of Xclusive Services

 

In connection with using or accessing our Services you shall not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;

  • breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;

  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;

  • fail to pay for items purchased by you, unless you have a valid reason as set out in an Xclusive policy, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);

  • fail to deliver items sold by you, unless you have a valid reason as set out in an Xclusive policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;

  • Change, modify or manipulate the price, pictures or information of any item or interfere with any other user/vendor listings;

  • Create fraudulent, inaccurate, misleading, deceptive, defamatory, or libelous content or listings or on any future forum or community boards on Xclusive

  • Using seller/vendor ratings to manipulate feedback, ratings, seller status or any other method to manipulate Xclusive, other vendor listings or to gain an advantage to selling, selling status or position of listings. 

  • take any action that may undermine the feedback or ratings systems (our Feedback policies);

  • Transfer your Xclusive account status (including seller status, perks, feedback, user ID or any other benefits received to another party without our consent;

  • Distribute or engage in the distribution, propagation or posting of  spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes to any other user.

  • Distribute viruses or any other technologies that may harm Xclusive, its users, or the interests or property of users;

  • use any API, robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Xclusive;

  • interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;

  • export or re-export any Xclusive  application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;

  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Xclusive . Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Xclusive or someone else;

  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;

  • commercialize any Xclusive application or any information or software associated with such application, except with the prior express permission of Xclusive;

  • harvest or otherwise collect information about users without their consent; or

  • circumvent any technical measures used to provide our Services.

 Any seller, user, or vendor that uses Xclusive must meet minimum requirements and performance standards,  These include but are not limited to meeting individual performance standards in regards to quality of listings as well as forum and community posts. At no point will personal attacks, slander, racist or similar forum posts or information on listings will be accepted.  Failure to adhere to these standards may result in the restriction, downgrading restricting or deletion of your account.

 

Any user, seller or vendor who has upgraded features on their account or special account statuses that have been purchased are subject to these terms and conditions and if any of the above conditions are violated, we reserve the right to temporarily suspend, repeal, rescind or downgrade those special privileges. 

If you are found in violation of any of these conditions, you may have an opportunity to appeal our decision.  The support staff at Xclusive retains the right to apply any of the above account restrictions as they deem appropriate.

 

Sellers must meet Xclusive ‘s minimum performance standards. Failure to meet these standards may result in Xclusive charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

 

If we believe you are abusing Xclusive and/or our Services in any way, we may, in our sole discretion and without limitation, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating our policies prohibiting offers to buy or sell outside of Xclusive, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Xclusive, you may be liable to pay a final value fee applicable to that item, even if the item does not sell. 

 

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

Additional fees may be applied, at the sole discretion of Xclusive, to buyers and/or sellers that engage in the conduct specified above.

 

 

4. Policy Enforcement

Xclusive relies primarily on a user’s past history and the specific incident itself when determining issues between buyers and sellers. These considerations, and others, allow Xclusive to determine the severity or leniency of our decision.

5. Fees and Taxes

Listing, selling, final fees and the like are provided on our Selling overview page. Xclusive retains the right to change our seller fees from time to time by providing at least fourteen (14) days advance notice. Promotions, special occasions or any changes that result in the reduction of fees do not require advance notice. 

 

As a seller, you are liable for any and all fees arising out of all sales and/or transactions made using some or all of our Services, whether or not sale terms or final payment are made outside of the Xclusive site. 

 

All sellers must have a valid payment method on file to ensure sale and transaction fees, along with any applicable taxes, are paid by the due date. If your account does not have a valid payment method on file, or your account remains overdue, Xclusive shall have the right to collect said fees by any reasonable and necessary means, including, but not limited to charging other payment methods on file, sending the account to a collections company, retaining legal counsel, suspend or limit Services, and for accounts over 60 days past due, request that PayPal deduct the amount owed from your PayPal account balance. Late fees shall be applied to accounts thirty (30) days or more past due. 

 

At a future date, if Xclusive adds additional payment methods, we have the right to enable you to choose your primary payment provider in which to collect sale and transaction fees.

 

If you wish to dispute the information a collection agency reported to a credit bureau regarding your Xclusive  account, you must contact the collection agency directly.

In any jurisdiction where Xclusive has an obligation to collect sales taxes on sales you make using our Services, we may collect such sales taxes from you via the payment method on file under the terms of the Billing Agreement or via any other means available to us.

The payment of seller fees, monthly fees or special privileges given to accounts do not limit the exposure of potential content and information from Xclusive or third party providers on our website .

Seller fees don’t purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.

6. Listing Conditions

When listing an item for sale on our Services, you agree to comply with Xclusive ‘s Listing policies and Selling practices policy and that:

  • You assume full responsibility for the item offered and the accuracy and content of the listing,

  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Xclusive can’t guarantee exact listing duration,

  • Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or Xclusive, in its sole discretion,

  • Content that violates any of Xclusive ‘s policies may be modified, obfuscated or deleted at Xclusive ‘s sole discretion,

  • We may revise product data associated with listings to supplement, remove, or correct information,

  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

    • buyer’s location, search query, browsing site, and history;

    • item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

    • seller’s history, including listing practices, seller ratings, Xclusive  policy compliance, Feedback, and defect rate; and

    • number of listings matching the buyer’s query,

  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,

  • Some advanced listing upgrades will only be visible on some of our Services,

  • Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results,

  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers,

  • For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, Xclusive may require the use of certain payment methods, subject to our Payments methods policy. For example, for inventory covered by authentication services, buyer and sellers may be subject to escrow, screening, shipping, and/or payment handling requirements.

 

7. Purchase Conditions

When buying an item on our Services, you agree to the Rules and policies for buyers and that:

  • You are responsible for reading the full item listing before making a bid or committing to buy,

  • You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted),

  • We do not transfer legal ownership of items from the seller to the buyer,

 

8. International Buying and Selling; Outside of the United States

 

Our goal is to offer our services and ensure they’re accessible internationally.  In the future, we will create additional options and experiences to users in accordance to their respective countries and laws. This will include tools to estimate local currency conversions and tools to ensure the proper calculation of international shipping services & rates. 

Many of our Services are accessible internationally. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

If you sign up and use another account to purchase or sell items on Xclusive, you are bound to our terms and conditions set forth in the user affiliate agreement as well as all further agreements and policy conditions.

If you purchase an item on an Xclusive site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other Xclusive site with respect to that particular purchase, as detailed in the International Selling Policy.

 

If you’re an international seller, you accept that we may list your items for sale on Xclusive as well as affiliate sites.  We will use your information to tailor your items for sale to appropriate audiences which may include, but are not limited to, location data, seller rank, future forum posts, or any other method which we may define and you will see in future policy updates.

 

As an international vendor/seller, you authorize us to use automated and manual tools such as emails, user/vendor to user/vendor communication to provide you with information and updates and may also provide translation tools in which to receive content, however we cannot guarantee the accessibility or accuracy of said translation methods.

 

Our goal is to provide integration of users, sellers and vendors an unsegregated marketplace where international and local sellers have the same availability and functions. We reserve the right to create pages & resources for international sellers as well as country-specific vendor pages.  

 

For sellers, you agree that we may display your listing for sale on an Xclusive site other than the site where you listed your item for sale, based on your shipping settings. You may adjust these settings as detailed in the International Selling Policy. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on an Xclusive site that is different from your registration site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that other Xclusive site with respect to that particular sale, as detailed in the International Selling Policy.

You authorize us to use automated tools to translate your Xclusive content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

While every country and nation state has their own shipping providers, unless specified in individual listing terms and conditions, all international items must be shipped with tracking. If an item is shipped without tracking and an item doesn’t arrive, the seller is within their right to receive a refund on their purchase.

In the future, Xclusive users the ability to ship their products to our warehouse and distribution facilities to enable faster, more reliable and more affordable shipping methods to local and global users.

When this option becomes available, items sold in the United States or Internationally by vendors on our site will have the ability to ship your sold items to our package processing and distribution facilities located in the United States after receiving payment from a buyer.  

Bellair Expediting, our third party global shipping provider will ensure the processing, import, export & customs clearance of international shipments on your behalf.

If sellers/vendors have questions relating to our local and global shipping and processing of items through Bellair, Xclusive may respond directly to the buyer in response to inquiries, questions and concerns in relation to the services provided by Bellair.

In the event of a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, the buyer/seller of items as well as the foreign principal party assumes full responsibility for the export shipment.  Bellair Expediting will act as your forwarding agent and you remain responsible and reliable for the accuracy and completeness of relevant forms & information and you agree to provide additional information upon request in a timely manner.

 

One of the ways that we may make Xclusive .com listings available to international buyers on Xclusive .com and on Xclusive ‘s international sites is through the Global Shipping Program. For eligible items located in the United States and purchased by an international buyer through the Global Shipping Program, you (as seller) will simply ship the item to a parcel processing facility located in the United States after receiving notification of payment from the buyer. Pitney Bowes Inc., a third-party global shipping provider, will oversee the processing, customs clearance, and international shipment of the item on behalf of your international buyer. To the extent a buyer has a question about your Global Shipping Program listings, Xclusive may respond directly to the buyer if the question pertains to the services overseen by Pitney Bowes Inc. (for example, customs or international shipping). Sellers pay no additional fees for selling through the Global Shipping Program.

Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, the buyer, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with Pitney Bowes Inc. acting as your buyer’s forwarding agent. You remain liable for the accuracy of information you provide about items, and you agree to provide timely responses to requests for additional information.

In the event that you sell an item and use our shipping services through Bellair Expediting locally or globally, you agree to disclose personal information that relates to your identity, order information, and relevant details including identifying information as it relates to the product being shipped including weight, and other information requested.

You agree to the sharing of this information to Xclusive, Bellair Expediting, and relevant third parties including customs as well as relevant authorities including revenue information or government agencies upon request.

Xclusive does not control the privacy policies of Bellair Expediting or its service providers and upon use of their services, are subject to their policies when applicable.

Additional information on this program as well as p

You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by Xclusive to Pitney Bowes Inc., and by Pitney Bowes Inc. to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item. Xclusive does not control the privacy policies of Pitney Bowes Inc., its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable.

Additional information about the program, including policies governing feedback, the handling of lost, damaged, and undeliverable items, returns, and the resolution of buyer protection claims for items that you sell through the program, can be found on our Global Shipping Program and Global Shipping FAQs pages.

 

9. Content

Xclusive is granted a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights a user may have when you provide content, promotion of our Services, or any media known now or developed in the future, in using our Services. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Xclusive, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms and Conditions. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms and Conditions, does not and will not infringe any Intellectual Property Rights of any third party. Xclusive takes no responsibility and assumes no liability for any content provided by you or any third party, and the user agrees to indemnify Xclusive from any and all such responsibility and/or liability.

Xclusive may offer additional product data that may include descriptions, images and other relevant information to assist your item listings including information from third parties including Xclusive users. You have the right to use that content in your Xclusive listings and Xclusive reserves the right to modify or revoke this permission at any time at our sole discretion.

You agree not to post copyrighted, trademarked, proprietary, confidential information, or derivative work in your listing or anywhere on Xclusive. You also agree to not remove or modify images in order to deceive, mask or change the condition of the product you list. Image of your products must not remove identifiable, copyrighted or proprietary information of the product you’re listing.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including Xclusive users). You may use that content solely in your Xclusive listings. Xclusive may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Xclusive  is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name “Xclusive ” and other Xclusive marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Xclusive in the U.S. and other countries. They may not be used without the express written prior permission of Xclusive.

10. Holds and Restricted Funds

To protect Xclusive from risk of liability for your actions as a seller, Xclusive has, at times, recommended, and may continue to recommend, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of an Xclusive Money Back Guarantee case. This may result in PayPal restricting funds in your PayPal account.

In connection with managed payments as described in Section 14, we may also restrict seller access to funds based on the factors described in the Payments Terms of Use.

 

12. Authorization to Contact You; Recording Calls; Analyzing Message Content

Xclusive represents that the majority of communications between Xclusive and its users shall be done via electronic mail. However, in certain situations, Xclusive may contact users via phone or text message, at the numbers on file, for the following, non-exclusive, purposes:

a.     Notify you regarding your account; 

b.     Troubleshoot problems with your account; 

c.     Resolve a dispute; 

d.     Collect a debt; 

e.     Poll your opinions through surveys or questionnaires; or 

f.      As otherwise necessary to service your account or enforce these Terms and Conditions, our policies, applicable law, or any other agreement we may have with you. 

 

Xclusive may also users for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by the User Privacy Notice. Xclusive may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. 

Xclusive may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Xclusive or its agents for quality control and training purposes, or for its own protection.

Xclusive ‘s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Xclusive ‘s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Xclusive may store message contents, including to conduct this scanning and analysis.

13. Additional Terms

Returns and Cancellations

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, Xclusive  will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within My Xclusive . Where settings have been set to automatically accept requests for returns or replacements, an Xclusive -generated return shipping label will be provided to your buyer. You agree to comply with our returns policy.

When an item is returned, to refund the buyer, you (as seller) authorize Xclusive  to request that PayPal remove the refund amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file.

The cost of return shipping for an item that is not as described is the seller’s responsibility.

You (as seller) authorize Xclusive  to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:

  • An Xclusive -generated return shipping label is used, and the seller is responsible for its cost;

  • Returns have been automated;

  • You fail to send your buyer a return shipping label and, instead, an Xclusive -generated shipping label is used; and/or

  • A transaction is cancelled, and to refund the buyer, you (as seller) authorize Xclusive  to request that PayPal remove the refund amount (in same or other currency) from your PayPal account. See canceling a transaction for more details.

 

Xclusive  Money Back Guarantee

The Xclusive Money Back Guarantee helps protect buyers and sellers, facilitate communication and resolve issues. By using our Services, you agree to abide by and comply with our policies and you explicitly agree Xclusive shall have final decision-making authority on any Money Back Guarantee case.

If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or Xclusive  under the Xclusive  Money Back Guarantee, you authorize Xclusive  to request that PayPal remove the reimbursement amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

We may suspend the Xclusive  Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.

14. Disclaimer of Warranties; Limitation of Liability

We strive to maintain our Services as safe, secure, and functional, however, we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Xclusive ‘s applications may not occur in real time. Such functionality is subject to delays beyond Xclusive ‘s control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using our Services;

  • your use of or your inability to use our Services;

  • pricing, shipping, format, or other guidance provided by Xclusive ;

  • delays or disruptions in our Services;

  • viruses or other malicious software obtained by accessing or linking to our Services;

  • glitches, bugs, errors, or inaccuracies of any kind in our Services;

  • damage to your hardware device from the use of any Xclusive  Service;

  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

  • a suspension or other action taken with respect to your account or breach of the Abusing Xclusive  Section above;

  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or

  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Xclusive  Money Back Guarantee up to the price the item sold for on Xclusive  (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

15. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

16.  Indemnity

You agree to indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions, your improper use of our Services or your breach of any law or the rights of a third party.

17. Legal Disputes

**READ CAREFULLY AND THOROUGHLY**

 

In this Section, the term “related third parties” includes your and Xclusive ’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Xclusive’s, and these entities’ respective employees and agents.

By using our Services, your agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Xclusive  (or any related third parties) that relates in any way to or arises out of your use of and access to our Services, or this or previous versions of our Terms and Conditions, the actions of Xclusive or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and Conditions and any claim or dispute that has arisen or may arise between you and Xclusive, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

You and Xclusive  each agree that any and all disputes or claims that have arisen, or may arise, between you and Xclusive  (or any related third parties) that relate in any way to or arise out of this or previous versions of our Terms and Conditions, your use of or access to our Services, the actions of Xclusive  or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND XCLUSIVE  AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND XCLUSIVE  AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and Xclusive ‘s right to appeal the court’s decision. All other claims will be arbitrated.

  1. Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or the court.

A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute (“Notice”), which may be downloaded at this link. The Notice to Xclusive must be sent to Blox, LLC, ℅ Serritella Law, P.C., Attn: Litigation Department, 18600 Graphics Court, Tinley Park, Illinois 60477. Xclusive  will send any Notice to you to the physical address we have on file associated with your Xclusive  account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.

If you and Xclusive  are unable to resolve the claims described in a valid Notice within 30 days after Xclusive  receives that Notice, you or Xclusive  may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Xclusive  at the following address: Blox, LLC, ℅ Serritella Law, P.C., 18600 Graphics Court, Tinley Park, IL 60477. In the event Xclusive initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Xclusive  account. Any settlement offer made by you or Xclusive  shall not be disclosed to the arbitrator.

The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Xclusive  may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Xclusive  user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  1. Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of Section 2 of this Agreement (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, Xclusive  will pay all administration and arbitrator fees associated with the arbitration. Any request for payment of fees by Xclusive  should be submitted by mail to the AAA along with your Demand for Arbitration and Xclusive will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Xclusive  for all fees associated with the arbitration paid by Xclusive  on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

  1. Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

  1. Opt-Out Procedure

IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO BLOX, LLC, ℅ SERRITELLA LAW, P.C., RE: OPT-OUT NOTICE, 18600 Graphics Court, Tinley Park, IL 60477.

For your convenience, we are providing an Opt-Out Notice form. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Xclusive  Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

  1. Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Xclusive  prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Xclusive . We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Xclusive .com at least 30 days before the effective date of the amendments and by providing notice through the Xclusive  Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

C. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Xclusive  must be resolved exclusively by a state or federal court located in DuPage County, Illinois. You and Xclusive  agree to submit to the personal jurisdiction of the courts located within DuPage County, Illinois for the purpose of litigating all such claims or disputes.

19. General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign these Terms and Conditions, and in such event, we will post notices on www.XclusiveCollectables.com. and our Youtube channel at https://www.youtube.com/channel/UCzGaOVe4MUMWCIeoa0KPQbA

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.

We may amend the Terms and Conditions at any time by posting the amended terms on www.XclusiveCollectables.com. Our right to amend the Terms and Conditions includes the right to modify, add to, or remove terms in the Terms and Conditions. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through our Services and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Terms and Conditions through an electronic click-through. The Terms and Conditions may not otherwise be amended except through mutual agreement by you and an Xclusive’s representative who intends to amend the Terms and Conditions and is duly authorized to agree to such an amendment.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Xclusive Service.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to the Terms and Conditions. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.

The Terms and Conditions and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Xclusive, and supersede all prior understandings and agreements of the parties.

 

The following Sections survive any termination of the Terms and Conditions: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

 

If you have any problems or disputes, contact info@xclusivecollectibles.com

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