Terms & Conditions

Terms Governing Your Access to and Use of XCLSV

Agreement to These Terms

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you and Maiden Labs LLC, a Wyoming limited liability company doing business as XCLSV (“Maiden Labs,” “XCLSV,” “we,” “us,” or “our”).

These Terms govern your access to and use of XCLSV’s websites, applications, software, collector profiles, collection-management tools, messaging and communication features, offer and inquiry features, reputation and verification features, and other products and services that link to these Terms (collectively, the “Services”).

By creating an account, accessing or using the Services, clicking to accept these Terms, displaying or listing a collectible, contacting another user, making or receiving an offer or inquiry, or otherwise using XCLSV, you agree to be bound by these Terms and acknowledge our Privacy Policy.

If you do not agree to these Terms, you may not use the Services.

Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to create an XCLSV account or use XCLSV to connect with another user regarding a potential transaction.

By using XCLSV, you represent and warrant that you satisfy these requirements and that your use of the Services does not violate applicable law, regulation, contractual obligation, or other legal requirement.

If you use XCLSV on behalf of a company, organization, trust, partnership, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” includes both you and the entity you represent.

We may impose additional eligibility requirements for particular features, jurisdictions, or account types.

XCLSV Is a Platform, Not a Party to Transactions

XCLSV provides technology that allows collectors to create profiles, showcase collections, discover collectibles and other collectors, communicate, indicate that collectibles may be available for sale or trade, and make or receive offers or inquiries.

XCLSV DOES NOT PROCESS, RECEIVE, TRANSMIT, HOLD, CUSTODY, OR ESCROW PAYMENTS OR FUNDS BETWEEN BUYERS AND SELLERS. XCLSV DOES NOT COMPLETE TRANSACTIONS ON BEHALF OF USERS.

Any purchase, sale, trade, payment, shipment, delivery, transfer of ownership, return, refund, insurance arrangement, or other transaction involving a collectible is entered into directly and independently between the applicable users.

XCLSV is not a party to any such transaction.

Unless expressly stated otherwise for a separate service, Maiden Labs LLC and XCLSV do not act as a buyer, seller, merchant, dealer, broker, auctioneer, payment processor, money transmitter, escrow agent, shipping provider, insurer, authenticator, grading company, appraiser, fiduciary, or agent of any user.

XCLSV does not take title to, possession of, custody of, or ownership of collectibles displayed or discussed through the Services.

Nothing in these Terms creates a partnership, joint venture, employment, agency, franchise, fiduciary, or similar relationship between XCLSV and any user.

Buyers and Sellers Are Responsible for All Transactions

BUYERS AND SELLERS ARE SOLELY RESPONSIBLE FOR ANY TRANSACTION THEY CHOOSE TO ENTER INTO AFTER CONNECTING THROUGH XCLSV.

This responsibility includes, without limitation:

  • determining the identity and trustworthiness of the other party;
  • verifying ownership of the collectible;
  • evaluating authenticity, condition, grading, certification, provenance, scarcity, and value;
  • negotiating price and all other transaction terms;
  • selecting and evaluating a payment method;
  • determining whether any third-party buyer or seller protection applies;
  • arranging payment;
  • arranging shipping, delivery, pickup, insurance, tracking, and signature requirements;
  • documenting the condition of a collectible;
  • determining inspection, return, and refund terms;
  • paying applicable taxes, fees, shipping charges, insurance costs, and other expenses;
  • complying with applicable laws;
  • and resolving any dispute between the buyer and seller.

XCLSV does not guarantee payment, delivery, ownership, authenticity, condition, grading, certification, value, transaction completion, returns, refunds, insurance coverage, or the performance of either party.

Users enter into transactions with one another at their own discretion and risk.

Collector Accounts

Certain XCLSV features require an account.

You agree to provide accurate, current, and complete information and to keep your account information reasonably up to date.

You are responsible for maintaining the confidentiality and security of your account credentials and, to the extent permitted by applicable law, for activity occurring through your account.

You may not sell, transfer, lease, sublicense, or provide your account to another person without our written permission.

You must promptly notify us at support@xclsvcollectibles.com if you believe your account has been compromised or accessed without authorization.

We may require authentication, identity verification, or additional security measures to protect users or the Services.

Collector Profiles and Collections

XCLSV allows collectors to create profiles and showcase collectibles they own, want, may consider selling or trading, or otherwise wish to display.

Information designated as public may be visible to other users, visitors, search engines, and third parties.

A collectible displayed on a user’s profile is not necessarily available for sale.

Likewise, a user’s representation that the user owns a collectible is a representation made by that user and, unless XCLSV expressly states otherwise, is not an independent certification of ownership by XCLSV.

Users are responsible for determining which information and collectibles they choose to display publicly.

Items Marked For Sale or Available for Offers

XCLSV may allow users to designate collectibles as “For Sale,” “Open to Offers,” “Available,” or using similar language.

Such a designation communicates the user’s stated interest in potentially entering into a transaction. It does not mean that XCLSV owns, possesses, controls, authenticates, sells, or offers the collectible.

XCLSV is not the seller of a collectible merely because the collectible is displayed through the Services.

A seller may change or withdraw the availability of an item subject to any independent obligations the seller has already undertaken with another user.

Users are responsible for confirming availability and all transaction terms directly with one another.

Collectible Information

Users may submit information about collectibles, including photographs, descriptions, manufacturers, athletes, characters, sets, years, grading information, certification numbers, serial numbers, provenance, condition, purchase information, asking prices, ownership status, sale status, and other collectible-related information.

The user providing information is responsible for its accuracy and legality.

You agree not to knowingly provide false, misleading, manipulated, fraudulent, or materially incomplete information.

XCLSV may organize, format, supplement, standardize, or display information supplied by users or obtained from third-party data sources.

The presence of information on XCLSV does not mean that XCLSV has independently verified or endorsed that information.

Seller Representations

If you use XCLSV to indicate that a collectible may be available for sale or trade, or communicate with another user concerning a potential sale or trade, you represent and warrant that:

  • you own the collectible or possess legal authority to sell or transfer it;
  • you have the right to transfer good title to the collectible;
  • the collectible is not stolen or unlawfully obtained;
  • your description and photographs accurately represent the collectible in all material respects;
  • you will disclose material defects, alterations, restoration, damage, tampering, or condition issues known to you;
  • grading, certification, autograph, provenance, serial-number, or authentication information you provide is accurately represented to the best of your knowledge;
  • you will not knowingly offer counterfeit, fraudulent, altered, misrepresented, or unlawfully obtained property;
  • and your activities comply with applicable law.

The seller remains solely responsible for the collectible and all representations made concerning it.

Buyer Responsibilities

Buyers are responsible for conducting their own due diligence before entering into a transaction with another user.

Buyers should review photographs, descriptions, grading information, certification information, provenance, condition, seller information, asking price, shipping arrangements, payment method, insurance, and any other information they consider relevant.

Buyers should independently determine whether they are comfortable with the seller, collectible, payment method, shipping method, and transaction terms.

Unless XCLSV expressly states otherwise in writing, you should not assume XCLSV has inspected, possessed, authenticated, graded, appraised, or verified a collectible merely because it appears on XCLSV.

Authenticity, Grading and Condition

Collectibles are inherently subject to questions concerning authenticity, provenance, condition, alteration, restoration, grading, scarcity, and value.

Third-party grading and authentication companies may assign grades, certifications, opinions, labels, or identifiers to collectibles. Those determinations are made by the applicable third party, not XCLSV.

References to PSA, BGS, CGC, SGC, TAG, or any other grading or authentication company do not imply sponsorship, affiliation, endorsement, or independent verification by XCLSV unless expressly stated.

XCLSV does not guarantee that:

  • a collectible is authentic;
  • a collectible is lawfully owned by the person displaying it;
  • a collectible has not been altered, trimmed, recolored, restored, repaired, resealed, modified, or tampered with;
  • a slab, holder, label, autograph, patch, relic, or other component has not been altered or counterfeited;
  • a certification or serial number has not been copied, stolen, misused, counterfeited, or associated with another collectible;
  • a third-party grade is accurate;
  • a collectible will receive the same grade if resubmitted;
  • provenance information is accurate;
  • or a collectible will maintain or increase in value.

Third-party grading and authentication determinations are opinions and may vary among companies, graders, methodologies, and over time.

Pricing and Valuation Information

XCLSV may display asking prices, user offers, historical sales information, comparable sales, estimated values, market information, or information obtained from third-party sources.

Such information is provided for informational purposes only.

XCLSV does not guarantee the accuracy, completeness, timeliness, or future relevance of pricing or valuation information.

Nothing displayed through XCLSV constitutes an appraisal, investment recommendation, financial advice, or representation concerning the present or future value of a collectible.

Collectible markets can be volatile, illiquid, subjective, and susceptible to rapid changes in demand.

You are solely responsible for determining whether a price or transaction is appropriate for you.

Offers, Inquiries and Negotiations

XCLSV may provide tools allowing users to express interest in a collectible, make or receive offers, send inquiries, or negotiate with one another.

These tools facilitate communication only.

XCLSV is not a party to negotiations between users and does not negotiate on behalf of either party.

Users are responsible for confirming the final terms of any transaction directly with one another, including price, payment method, shipping, insurance, delivery, inspection, returns, and any other conditions.

An agreement reached between users may create legally binding obligations between those users under applicable law, regardless of whether XCLSV is involved in their communications.

XCLSV assumes no responsibility for determining whether a contract has been formed between users or enforcing any agreement between them.

Payment Arrangements

XCLSV does not process or handle payments between buyers and sellers.

Buyers and sellers independently select and arrange their method of payment.

Users may choose to use third-party services such as banks, payment processors, payment applications, escrow services, or other financial-service providers.

XCLSV does not control those services and does not guarantee that any payment method provides buyer protection, seller protection, fraud protection, chargeback rights, escrow protection, or other safeguards.

Users are responsible for reviewing and understanding the terms and protections of whatever payment method they choose.

XCLSV is not responsible for payment failures, fraudulent payments, unauthorized payments, chargebacks, reversals, freezes, holds, account restrictions, bank transfers, payment-provider decisions, or other payment disputes between users or involving third parties.

Shipping, Delivery and Insurance

XCLSV does not ship, transport, store, warehouse, insure, or take custody of users’ collectibles.

Buyers and sellers are solely responsible for agreeing upon shipping, delivery, pickup, insurance, tracking, signature confirmation, packaging, declared value, and related arrangements.

Users should consider the value of a collectible when selecting shipping and insurance arrangements.

Shipping carriers, couriers, insurers, storage providers, and other logistics providers are independent third parties.

XCLSV is not responsible for loss, theft, delay, damage, misdelivery, seizure, insufficient insurance, denied insurance claims, carrier errors, packaging failures, or other shipping or delivery issues.

Returns and Refunds

XCLSV does not establish or administer returns or refunds between buyers and sellers unless we expressly introduce a separate service stating otherwise.

Buyers and sellers are responsible for agreeing upon any inspection period, return rights, refund rights, cancellation rights, or other transaction conditions before completing their transaction.

If a dispute occurs concerning authenticity, condition, delivery, payment, grading, description, or any other issue, the buyer and seller are responsible for resolving that dispute directly or through whatever third-party payment, escrow, insurance, arbitration, court, law-enforcement, or other remedy may be available to them.

XCLSV is not responsible for issuing or enforcing refunds.

Transaction Disputes Between Users

A dispute arising from a transaction between users is a dispute between those users.

XCLSV may, at its discretion, provide information, reporting tools, account records, or other reasonable assistance when appropriate, but doing so does not make XCLSV a party to the dispute.

XCLSV has no obligation to adjudicate disputes, determine which user is correct, recover property, recover money, force a refund, enforce payment, or compensate either party.

We may independently investigate conduct that potentially violates these Terms or threatens the safety or integrity of XCLSV.

Any action XCLSV takes against an account is a platform-enforcement decision and does not constitute a determination of civil or criminal liability between users.

Taxes

Buyers and sellers are solely responsible for determining and satisfying tax obligations arising from transactions they independently enter into.

This may include sales tax, use tax, income tax, capital gains tax, collectible-related tax treatment, customs duties, import charges, reporting obligations, or other taxes and governmental charges.

XCLSV does not provide tax advice.

Where applicable law independently requires XCLSV to collect information, provide reports, or otherwise comply with governmental requirements, we may do so.

Users should consult their own tax professionals regarding their circumstances.

Identity and Account Verification

XCLSV may offer or require identity verification, account verification, ownership verification, or other trust and safety measures.

Verification may be conducted by XCLSV or independent third-party providers.

A user who receives a verification indicator, badge, status, or similar designation has satisfied the criteria applicable to that particular feature at the relevant time.

Verification is not a guarantee of honesty, future conduct, ownership of any particular collectible, authenticity, financial ability, creditworthiness, transaction performance, or safety.

A verified user can still engage in misconduct.

Users remain responsible for exercising independent judgment before dealing with another user.

Ownership Claims and Verification

XCLSV may allow users to state that they own particular collectibles and may develop features intended to support or verify certain ownership claims.

Unless XCLSV expressly describes a specific ownership-verification process and its scope, a collectible appearing on a user’s profile does not constitute a guarantee by XCLSV that the user currently owns, possesses, or controls that collectible.

Even where XCLSV performs or facilitates some form of ownership verification, that verification reflects only the scope and information available at the time of verification and does not guarantee continued ownership thereafter.

Reputation, Vouches, Reviews and Trust Signals

XCLSV may provide reputation systems, references, vouches, reviews, badges, account history, transaction-history representations, founding-member designations, verification indicators, or other trust signals.

These features provide additional information that users may consider when deciding whether to interact with another collector.

They are not guarantees.

A reputation score, Vouch, Honor designation, review, badge, verification indicator, account age, transaction count, or other trust signal does not constitute an endorsement, warranty, certification, insurance policy, or guarantee by XCLSV.

Users may not manipulate trust systems, create fake accounts or transactions, exchange fraudulent reviews or vouches, purchase reputation, coordinate deceptive endorsements, or otherwise artificially influence trust signals.

XCLSV may remove, modify, invalidate, or disregard trust signals where we reasonably believe fraud, manipulation, error, abuse, or policy violations have occurred.

Nothing in these Terms prohibits honest reviews or feedback to the extent protected by applicable law.

User-to-User Communications

XCLSV may provide messaging or other communication features.

Users are responsible for their communications and interactions with other users.

You should exercise caution before providing another user with sensitive personal, financial, shipping, or identity information.

We may process communications as described in our Privacy Policy and may review or preserve communications where reasonably necessary for safety, fraud prevention, policy enforcement, legal compliance, or dispute-related purposes.

Harassment, threats, fraud, impersonation, extortion, deceptive conduct, and other abusive behavior are prohibited.

Meeting Other Users

Users may choose to meet one another in person to inspect, purchase, sell, trade, or exchange collectibles.

XCLSV does not organize, supervise, control, or guarantee the safety of such meetings unless expressly stated otherwise.

If you choose to meet another user, you are responsible for selecting an appropriate location and taking whatever personal-safety and transaction-security precautions you consider necessary.

XCLSV is not responsible for injury, theft, robbery, fraud, property damage, or other events arising from private meetings between users except to the extent liability cannot lawfully be excluded.

Prohibited Conduct

You may not use XCLSV to engage in unlawful, fraudulent, deceptive, abusive, harmful, or unauthorized activity.

Prohibited conduct includes:

  • selling or attempting to sell stolen or unlawfully obtained property;
  • knowingly offering counterfeit or fraudulent collectibles;
  • knowingly misrepresenting authenticity, provenance, condition, ownership, grading, certification, scarcity, transaction history, or value;
  • impersonating another person or organization;
  • using stolen or fraudulent payment information;
  • manipulating offers, pricing information, transaction histories, reviews, Vouches, reputation, or other trust signals;
  • creating fictitious transactions or accounts;
  • using multiple accounts to deceive users or evade restrictions;
  • harassing, threatening, defrauding, extorting, or abusing other users;
  • using XCLSV to facilitate money laundering, sanctions evasion, criminal proceeds, or unlawful activity;
  • violating intellectual-property rights;
  • attempting unauthorized access to accounts, systems, or data;
  • introducing malicious code;
  • interfering with the operation or security of the Services;
  • scraping, harvesting, crawling, extracting, reproducing, or collecting XCLSV data through unauthorized automated means;
  • circumventing security measures or account restrictions;
  • or otherwise using XCLSV in violation of applicable law or these Terms.

Counterfeit, Stolen or Fraudulent Property

XCLSV prohibits users from knowingly offering stolen, counterfeit, fraudulent, or unlawfully obtained collectibles.

We may remove content, restrict or terminate accounts, request supporting documentation, preserve relevant records, and cooperate with law enforcement, rights holders, grading companies, authentication companies, insurers, or other appropriate parties.

If we reasonably believe a collectible or user may be associated with theft, counterfeiting, fraud, or unlawful activity, we may take appropriate platform action without prior notice where permitted by law.

XCLSV’s decision to remove or permit content is not an authentication decision or legal determination concerning ownership.

High-Value Collectibles and Transactions

Some collectibles displayed through XCLSV may be worth substantial amounts of money.

Users considering high-value transactions should exercise heightened care.

This may include independently verifying identity, ownership, authenticity, certification and condition; documenting the collectible before transfer; obtaining appropriate insurance; using reputable third-party payment or escrow providers; using tracked and insured shipping; obtaining signatures; meeting in secure locations; consulting professionals; and retaining transaction records.

XCLSV may provide educational information about safer transaction practices but does not guarantee that following such practices will prevent fraud or loss.

The decision to enter into a high-value transaction remains solely with the buyer and seller.

Third-Party Services

Users may choose to use payment processors, escrow services, banks, shipping carriers, insurance companies, grading companies, authentication services, marketplaces, social networks, or other third-party services in connection with their activities.

XCLSV may also link to or integrate with third-party services.

Third parties operate independently and may have their own terms, privacy policies, fees, eligibility requirements, and dispute procedures.

Unless expressly stated otherwise, XCLSV does not control, operate, endorse, or guarantee independent third-party services.

XCLSV is not responsible for their availability, security, accuracy, performance, acts, omissions, decisions, fees, or policies.

XCLSV Fees and Paid Features

XCLSV may offer optional paid memberships, subscriptions, profile enhancements, cosmetic features, verification services, promotional features, or other paid platform services.

Any fee paid to XCLSV for an XCLSV service is separate from money exchanged between users in connection with a collectible transaction.

Payment of an XCLSV platform fee does not make XCLSV a party to a collectible transaction.

Applicable prices and terms will be disclosed before you purchase a paid XCLSV service.

We may add, modify, or discontinue paid features subject to applicable law.

Intellectual Property

The Services, including XCLSV’s software, interfaces, designs, graphics, branding, logos, databases, organization, functionality, and original content, are owned by Maiden Labs LLC or its licensors and are protected by applicable intellectual-property laws.

Subject to these Terms, XCLSV grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for their intended purposes.

Except as expressly permitted by XCLSV, you may not copy, reproduce, distribute, sell, license, reverse engineer, modify, create derivative works from, or commercially exploit XCLSV’s proprietary Services or content.

User Content

You retain ownership of content that you own and submit to XCLSV, including collectible photographs, profile information, descriptions, comments, reviews, and other user-generated content (“User Content”).

By submitting User Content, you grant Maiden Labs LLC a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to host, store, reproduce, format, adapt, display, distribute, and otherwise use that User Content as reasonably necessary to operate, provide, secure, promote, and improve XCLSV.

This includes displaying public profiles and collections and allowing publicly available XCLSV pages to be viewed and shared.

You represent and warrant that you have the rights necessary to submit the User Content and grant this license.

You may not submit content that infringes intellectual-property, privacy, publicity, contractual, or other rights of another person.

Feedback

If you voluntarily provide ideas, suggestions, concepts, feature requests, improvements, or other feedback concerning XCLSV, Maiden Labs LLC may use that feedback without restriction or compensation to you, subject to applicable law.

Providing feedback does not give you ownership of products, features, improvements, or developments based on that feedback.

Intellectual Property Complaints

We respect intellectual-property rights.

If you believe content available through XCLSV infringes your copyright, trademark, or other intellectual-property rights, contact us at support@xclsvcollectibles.com with sufficient information to identify the allegedly infringing material and your claimed rights.

We may remove or restrict content where appropriate and may take action concerning repeat infringers.

Platform Moderation

XCLSV may, but is not obligated to, review, investigate, moderate, restrict, remove, label, or otherwise take action concerning accounts, collectibles, User Content, communications, trust signals, or other activity.

Our decision not to take action in one circumstance does not waive our right to act in another.

We do not guarantee that we will identify every violation, fraudulent user, counterfeit collectible, inaccurate ownership claim, scam, or inappropriate communication.

The availability of an account, collectible, listing, profile, review, or other content on XCLSV should not be interpreted as XCLSV’s approval or endorsement of it.

Suspension and Termination

We may restrict, suspend, or terminate some or all access to the Services if we reasonably believe:

  • you violated these Terms or another XCLSV policy;
  • your activity creates fraud, safety, legal, financial, security, or reputational risk;
  • your account has been compromised;
  • you provided false or misleading information;
  • you failed required verification;
  • your activity threatens another user or XCLSV;
  • your use may expose XCLSV or another person to liability;
  • or restriction is required or appropriate under applicable law.

Where appropriate and legally permitted, we may provide notice or an opportunity to address the issue.

You may stop using XCLSV at any time and may request account closure subject to our legal, fraud-prevention, security, record-retention, and Privacy Policy requirements.

Provisions that by their nature should survive termination will survive.

No Guarantee of Users

XCLSV may provide information and trust features intended to help collectors make more informed decisions.

We cannot guarantee the identity, honesty, reliability, financial condition, intentions, ownership claims, or future conduct of any user.

Identity verification, account verification, Vouches, reviews, transaction history, badges, or other trust signals reduce information asymmetry but do not eliminate risk.

You remain responsible for deciding whom you trust and whether to enter into a transaction.

No Guarantee of Collectibles

Unless XCLSV expressly provides a separate written guarantee, XCLSV makes no guarantee concerning the authenticity, ownership, provenance, condition, grade, certification, scarcity, legality, merchantability, value, future value, or suitability of any collectible displayed through the Services.

Information provided by users, grading companies, data providers, or other third parties may be inaccurate, incomplete, outdated, or fraudulent.

Users must perform their own due diligence.

No Investment, Financial, Legal or Tax Advice

Collectibles may be acquired for enjoyment, collecting, speculation, investment, or other purposes.

XCLSV does not provide investment, financial, legal, accounting, or tax advice.

Market data, historical sales, asking prices, offers, pricing information, population data, trends, estimates, rankings, or other information available through XCLSV should not be interpreted as a recommendation to buy, sell, trade, hold, or value a collectible.

Past prices do not guarantee future value.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

MAIDEN LABS LLC AND XCLSV DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF HARMFUL COMPONENTS.

WE DO NOT WARRANT OR GUARANTEE ANY USER, COLLECTIBLE, OWNERSHIP CLAIM, LISTING, OFFER, COMMUNICATION, PAYMENT, SHIPMENT, AUTHENTICATION, GRADE, CERTIFICATION, VALUE, TRANSACTION, OR THIRD-PARTY SERVICE.

Some jurisdictions do not allow certain warranty exclusions, so portions of this provision may not apply to you.

Assumption of Transaction Risk

By choosing to transact with another user, you acknowledge that peer-to-peer transactions involve risks.

Such risks may include fraud, misrepresentation, counterfeit goods, stolen property, inaccurate grading or certification information, undisclosed condition issues, payment fraud, chargebacks, nonpayment, failure to deliver, shipping loss, theft, damage, insufficient insurance, identity fraud, disputes concerning transaction terms, and changes in collectible value.

You voluntarily assume the risks associated with independently entering into transactions with other users, except to the extent applicable law provides otherwise.

XCLSV’s trust, identity, reputation, communication, or verification features do not eliminate these risks.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAIDEN LABS LLC, XCLSV, AND THEIR AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XCLSV WILL NOT BE LIABLE FOR LOSSES ARISING FROM OR RELATING TO A TRANSACTION OR PROPOSED TRANSACTION BETWEEN USERS, INCLUDING FRAUD, COUNTERFEIT ITEMS, STOLEN PROPERTY, MISREPRESENTATION, AUTHENTICITY, OWNERSHIP, GRADING, CONDITION, PAYMENT, NONPAYMENT, CHARGEBACKS, RETURNS, REFUNDS, SHIPPING, DELIVERY, LOSS, THEFT, DAMAGE, INSURANCE, THIRD-PARTY SERVICES, OR CHANGES IN COLLECTIBLE VALUE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MAIDEN LABS LLC AND XCLSV FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  • THE AMOUNT YOU PAID DIRECTLY TO XCLSV FOR XCLSV SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
  • ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply regardless of the theory of liability and to the fullest extent permitted by law.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

Release of Claims Arising Between Users

To the maximum extent permitted by applicable law, if you have a dispute with another user arising from or relating to a collectible, communication, offer, payment, shipment, sale, purchase, trade, or other transaction, you release Maiden Labs LLC, XCLSV, and their affiliates, members, managers, officers, directors, employees, contractors, agents, licensors, and service providers from claims, demands, liabilities, and damages arising from that user-to-user dispute, except to the extent resulting from XCLSV’s own conduct for which liability cannot lawfully be excluded.

This release does not waive rights that cannot legally be waived.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Maiden Labs LLC, XCLSV, and their affiliates, members, managers, officers, directors, employees, contractors, agents, licensors, and service providers from and against claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from or relating to:

  • your violation of these Terms;
  • your User Content;
  • your representations concerning a collectible;
  • your ownership, listing, sale, purchase, trade, payment, shipment, or other transaction with another user;
  • your violation of applicable law;
  • your infringement or violation of another person’s rights;
  • or your fraud, misconduct, negligence, or willful acts.

XCLSV reserves the right to control the defense of a matter subject to indemnification, and you agree to reasonably cooperate with that defense.

Informal Dispute Resolution With XCLSV

This section concerns disputes between you and Maiden Labs LLC/XCLSV, not disputes between buyers and sellers.

Before initiating arbitration or litigation against Maiden Labs LLC relating to these Terms or the Services, you and Maiden Labs LLC agree to attempt in good faith to resolve the dispute informally.

You must send written notice describing the dispute, relevant account information, requested relief, and sufficient information for us to evaluate the claim to:

Maiden Labs LLC Attn: Legal – XCLSV 30 N Gould St STE R Sheridan, WY 82801 United States

You may also send a copy to support@xclsvcollectibles.com with the subject line “Legal Dispute Notice.”

The parties will have at least 30 days following receipt of a complete notice to attempt informal resolution before initiating arbitration, except where immediate injunctive or equitable relief is reasonably necessary.

Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

To the extent permitted by applicable law, you and Maiden Labs LLC agree that disputes, claims, or controversies between you and Maiden Labs LLC arising out of or relating to these Terms, the Services, or your relationship with XCLSV that cannot be resolved informally will be resolved through binding individual arbitration rather than in court.

This arbitration provision does not make XCLSV responsible for resolving disputes between buyers and sellers.

The arbitration will be administered by the American Arbitration Association (“AAA”) under applicable AAA rules in effect when arbitration is initiated, as modified by these Terms.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitrator may award individual remedies available in court to the extent permitted by applicable law.

Nothing in this section prevents either party from bringing an eligible individual claim in small claims court.

Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief from a court of competent jurisdiction where reasonably necessary to protect intellectual-property rights, confidential information, security, or prevent imminent irreparable harm.

Arbitration Opt-Out

You may opt out of the arbitration agreement by sending us written notice within 30 days after the date you first accept these Terms.

Your notice must include your full name, the email address associated with your XCLSV account, and a clear statement that you wish to opt out of the arbitration agreement contained in the XCLSV Terms & Conditions.

Send the notice to:

Maiden Labs LLC Attn: Arbitration Opt-Out – XCLSV 30 N Gould St STE R Sheridan, WY 82801 United States

You may also send the notice to support@xclsvcollectibles.com with the subject line “Arbitration Opt-Out.”

Opting out of arbitration does not affect the remaining provisions of these Terms.

Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MAIDEN LABS LLC AGREE THAT CLAIMS BETWEEN YOU AND MAIDEN LABS LLC WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

UNLESS BOTH PARTIES AGREE OTHERWISE, AN ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER A REPRESENTATIVE OR CLASS PROCEEDING.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND MAIDEN LABS LLC WAIVE THE RIGHT TO A TRIAL BY JURY FOR CLAIMS SUBJECT TO THIS DISPUTE-RESOLUTION AGREEMENT.

If applicable law prohibits enforcement of a particular waiver for a particular claim, that claim will be handled as required by applicable law while the remaining enforceable provisions continue to apply.

Governing Law

Except to the extent federal law applies or applicable law requires otherwise, these Terms and disputes between you and Maiden Labs LLC arising from them will be governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.

For disputes not subject to arbitration, you and Maiden Labs LLC consent to the jurisdiction of appropriate state and federal courts located in Wyoming, except where applicable law provides a non-waivable right to bring a claim elsewhere.

Changes to the Services

XCLSV is an evolving platform.

We may add, modify, suspend, or discontinue features or portions of the Services.

We do not guarantee that any particular profile feature, collection feature, offer system, verification system, reputation feature, pricing model, integration, or other functionality will remain available indefinitely.

Where required by law, we will provide appropriate notice concerning material changes affecting paid services or contractual rights.

Changes to These Terms

We may update these Terms from time to time to reflect changes to XCLSV, our business, technology, legal requirements, or policies.

When we update these Terms, we will revise the “Last Updated” date.

If changes are material, we may provide additional notice as required by applicable law.

Where applicable law requires affirmative consent to an updated provision, we will request that consent.

Electronic Communications

By using XCLSV, you agree that we may provide agreements, notices, disclosures, account information, and other communications electronically, including through the Services or by email, subject to applicable law.

You are responsible for maintaining a current email address associated with your account.

Marketing communications are subject to applicable law and available communication preferences.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent.

Maiden Labs LLC may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, corporate restructuring, sale of assets, or transfer of the XCLSV business, subject to applicable law.

Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary, and the remaining provisions will remain in effect.

No Waiver

Our failure to enforce a provision of these Terms does not waive our right to enforce that provision later.

A waiver is effective only if expressly made by an authorized representative of Maiden Labs LLC.

Entire Agreement

These Terms, our Privacy Policy, and any additional XCLSV policies expressly incorporated into them constitute the agreement between you and Maiden Labs LLC concerning the Services, except where we expressly agree otherwise in writing.

No agreement independently entered into between a buyer and seller becomes part of the agreement between that user and XCLSV merely because the users met or communicated through XCLSV.

Headings

Section headings are provided for convenience and organization only and do not limit or alter the meaning of these Terms.

Contact Us

Questions concerning these Terms may be directed to:

Maiden Labs LLC XCLSV 30 N Gould St STE R Sheridan, WY 82801 United States

Email: support@xclsvcollectibles.com

Legal notices should clearly identify the nature of the notice in the subject line or correspondence.

Acknowledgment

BY CREATING AN XCLSV ACCOUNT OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS & CONDITIONS.

YOU FURTHER ACKNOWLEDGE THAT XCLSV IS A PLATFORM FOR COLLECTOR IDENTITY, COLLECTION DISPLAY, DISCOVERY, COMMUNICATION, AND TRUST-RELATED FEATURES; THAT XCLSV DOES NOT PROCESS OR HANDLE TRANSACTIONS BETWEEN BUYERS AND SELLERS; AND THAT ANY TRANSACTION YOU CHOOSE TO ENTER INTO WITH ANOTHER USER IS BETWEEN YOU AND THAT USER AND IS UNDERTAKEN AT YOUR OWN DISCRETION AND RISK, SUBJECT TO APPLICABLE LAW.