Terms and Conditions

The Site is intended for and directed to adults who are at least eighteen (18) years of age. The Site is not directed to children. We do not knowingly collect personal information from children under the age of 13, and no one under the age of 13 may use the Site or provide any information on or through it. If you are under the age of 18, you should not use the Site. By using the Site, you represent that you are at least 18 years of age.

The Site does not permit users to post, submit, publish, display, or transmit content to the Site or to other users. The Site does not provide message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, or other interactive or community features that allow users to post content. You may not post, upload, or attempt to make available any content on or through the Site.

We may provide a link or form through which you can submit comments, questions, suggestions, or other feedback ("Feedback"). Feedback submitted through the Site is not posted or published publicly. We will not publish, post, or otherwise make your Feedback publicly available unless we choose to do so in our sole discretion, and if we choose to do so, we will not identify you by name. By submitting Feedback, you agree that your Feedback is non-confidential and non-proprietary, and you grant CTC a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and otherwise exploit your Feedback for any purpose, without attribution or compensation to you.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND CTC TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, IT LIMITS THE PARTIES' RIGHTS TO SEEK RELIEF IN COURT, AND IT WAIVES THE RIGHT TO JURY TRIAL AND THE RIGHT TO JOIN WITH OTHERS IN A LAWSUIT.

This section sets out our agreement for resolving all disputes relating to your use of the Site, including but not limited to our collection, use, and sharing of data on and from the Site. Other than a claim filed in a court that is limited to adjudicating small claims, in the event of any dispute of any nature whatsoever relating to your use of our website, past, present or future, in law or in equity, including the determination of the scope, validity, or applicability of this agreement to arbitrate, you and CTC agree and consent to binding arbitration at JAMS for all such disputes on an individual (not class) basis before a single arbitrator under the applicable JAMS Arbitration Rules and Procedures in effect at the time of the filing, rather than litigating the dispute in court. You may obtain a copy of the applicable JAMS rules at www.jamsadr.com. If JAMS is unavailable or unwilling to administer arbitration consistent with this section, another arbitration provider shall be selected by the parties that will administer the arbitration consistent with it. If the parties cannot agree on a provider, the parties may ask a court to appoint an arbitrator that will administer the proceeding consistent with this section.

You and CTC also agree that: (a) by their dealings the parties' conduct is in and affecting interstate commerce; and (b) the Federal Arbitration Act (FAA) applies and governs this agreement. To the extent state law is applicable under the FAA, the law of the Commonwealth of Pennsylvania shall apply, without regard to its choice of law provisions. The arbitrator shall have exclusive authority to determine the scope, validity, and enforceability of this arbitration agreement.

If the arbitration takes place in-person, it shall be held in the City of Philadelphia, Pennsylvania. If you commence an arbitration action against CTC, you must provide notice to CTC at: nina@xeenehere.com.

If CTC commences an arbitration action against you, it will send the notice to your last address of record with CTC.

By agreeing to arbitration, the parties are giving up the right to a trial in court and the right to a jury, and there is more limited discovery than might otherwise be available in court. In addition, you and CTC agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims if the other party hereto is a party to the proceeding.

For purposes of this Dispute Resolution section, CTC includes its/their past, present, and future officers, directors, employees, agents, representatives, contractors, parent, subsidiaries, affiliates, successors, and assigns. In addition, the following persons or entities are intended third-party beneficiaries of this dispute resolution section and may enforce the terms of this section as if they were direct parties: (a) contractors who provided website, internet, or any other marketing services to CTC; (b) companies with which CTC shares data regarding your use of CTC's websites, including by way of illustration and not limitation, website analytics companies.

If the Site or any related application offers a Sign In or account feature, you are solely responsible for maintaining the confidentiality and security of your login and account information, and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your account or password. CTC is not responsible for any losses arising out of the unauthorized use of your account. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. You agree to provide true, accurate, current and complete account information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your login or account and refuse any and all current and future use of the Site to you. We reserve the right to refuse service and terminate logins or accounts.

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, photographs, documents, video, and audio, and the design, selection, and arrangement thereof) are owned by CTC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All photographs, documents, and other materials made available on the Site are the intellectual property of, and are owned by, CTC.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except that your computer or device may temporarily store copies of such materials incidental to your accessing and viewing those materials, and you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not: (a) modify copies of any materials from the Site; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purpose any part of the Site or any services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: nina@xeenehere.com.

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by CTC. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

CTC's name, "Xeene Here," and all related names, logos, product and service names, designs, and slogans are trademarks of CTC or its affiliates or licensors. You must not use such marks without the prior written permission of CTC. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

The Site may contain links to third-party websites, social media platforms, and affiliate links, including links contained in advertisements, banner advertisements, and sponsored or affiliate links. These links will let you leave the Site. The linked websites, platforms, and content are not under our control, and we are not responsible for, and make no representations or warranties regarding, the contents of any linked website or resource, any link or information contained in a linked website, any products or services offered through them, or any changes or updates to them. We encourage you to review the terms and privacy policies of any third-party website or platform you visit.

The Site may contain affiliate links, and CTC may earn a commission or other compensation when you click on or make a purchase through certain links. The presence of an affiliate link does not constitute an endorsement of, and CTC is not responsible for, the third party or its products, services, or content.

If you decide to access any third-party website, platform, or affiliate link, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies of such third parties.

The Site participates in affiliate and referral programs and contains affiliate links. CTC may receive a commission, referral fee, or other compensation when you click certain links or purchase products or services through them, in some cases whether or not you make a purchase, and at no additional cost to you. The presence of an affiliate link is not an endorsement. CTC does not control and is not responsible for the products, services, content, pricing, or availability of any affiliate or third-party merchant. Any purchase or transaction you make through an affiliate link is solely between you and the applicable third-party merchant and is governed by that merchant's terms and privacy policy. CTC is not a party to, and is not responsible or liable for, any such transaction, including the delivery, quality, or performance of any products or services.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You must not establish a link from any website that is not owned by you, cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site (for example, by framing, deep linking, or in-line linking), or otherwise take any action with respect to the materials on the Site that is inconsistent with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

THE SITE IS PROVIDED BY CTC ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, CTC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

To the fullest extent permitted by applicable law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site, or any services or items obtained through the Site, or to your downloading of any material posted on it, or on any other site linked to it.

To the fullest extent permitted by applicable law, CTC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. CTC does not warrant that the Site, its servers or e-mail sent from CTC are free of viruses or other harmful components. CTC will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to indirect, incidental, punitive and consequential damages.

The parties agree that the limitations of liability specified in this section are essential provisions of these Terms, without which the Site would not be made available. The parties further agree that these essential provisions are a reasonable allocation of risk and apply regardless of the form of action, whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise, and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. To the extent the above disclaimer of warranties and limitation of liability is restricted under law, the above limitation shall be applied to the maximum extent permitted under such law.

These Terms and Conditions shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to the conflicts of law provisions. To the extent that a dispute relating to your use of the Site, these Terms and Conditions, or CTC's Privacy Policy, is not addressed or covered by the Dispute Resolution by Binding Individual Arbitration and Class Action Waiver, the parties agree that any such dispute shall be resolved in a court of competent jurisdiction in and for Philadelphia County, Pennsylvania, and the parties submit to the personal jurisdiction and venue in such courts for such actions.

Except as otherwise provided herein, if any section or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that section or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining sections or provisions.

In addition to such other sections or provisions hereof which, by applicable law or by their terms, survive any termination or expiration of these Terms, the following sections or provisions shall survive termination of these Terms: (a) Dispute Resolution by Binding Individual Arbitration and Class Action Waiver; (b) Intellectual Property Rights; (c) Disclaimer of Warranties and Limitation of Liability; and (d) Governing Law.

Please review our other policies, such as our applicable privacy policies, posted on the Site. To the extent these Terms conflict with other policies, such as the Privacy Policy, these Terms control.

We reserve the right to make changes to our Site, policies, and these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms and Conditions or policies means that you accept and agree to the changes.

If CTC amends the Dispute Resolution section of these Terms, those amendments will not apply to any dispute that CTC had actual notice of on the date of the amendment. If CTC terminates the agreement to arbitrate, the agreement to arbitrate will remain effective for disputes that arose prior to the date of termination.

We may update the content on the Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.