Introduct
Welcome to Xbntrade.com (the “Website”). These Terms of Use constitute a legal agreement (the “Agreement” or “Terms of Use”) between you and Beijing Xiao Benniao Information Technology Co., Ltd (“XBNIAO,”“we” or “us”) that governs your use of the Website and purchase and use of any xbntrade products (“Products”) through the Website. By using the Website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use the Website.
These Terms of Use contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute
Eligibility
By accessing and/or using the Website, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.
Force Majeure
In the event of war, fire, epidemics, quarantine restrictions, flood, strike, labor trouble, breakage of equipment, accident, riot, the imposition of any government price control, regulation or any other act of governmental authority, acts of God or other contingencies (whether similar or dissimilar to the foregoing) beyond the reasonable control of Xbntrade that interfere with the production, supply, transportation or consumption practice of Xbntrade at the time respecting the Goods covered by the Contract or in the event of Xbntrade’s inability to obtain such on terms deemed by Xbntrade to be reasonable during period of such causes, Xbntrade may terminate or modify its supply commitment defined in the Contract without liability, but the Contract shall otherwise remain unaffected. Xbntrade may, during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various uses thereof (e.g., manufacturing and sales) in such manner as Xbntrade deems practicable and allocate its supply of such products among such various users thereof in any manner which Xbntrade deems fair and reasonable.
Limitation Of Liability
In no event shall Xbntrade or its licensors or suppliers be liable to you for any claims arising from your use with the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or Websites, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foresee ability of those damages or of any advice or notice given to Xbntrade or its licensors and suppliers arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Xbntrade and you. The Website would not be provided without such limitatio
General
The Contract and matter connected with the performance thereof shall be construed in accordance with and governed by the laws of the State of California as if it were executed and performed entirely within the State of California, within Orange County. Further, it shall be construed to be between merchants as that term is defined by the Uniform Commercial Code or similar law of any State or Province. Xbntrade will comply with all applicable Federal, State and local laws and specifically represents that any products to be delivered hereunder will be produced in compliance with the requirements of the Labor Standards Act of 1939, as amended. You shall comply with all applicable laws, regulations and ordinances. You shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under the Contract. You shall comply with all export and import laws of all Countries involved in the sale of the Goods under the Contract or any resale of the Goods by you. You assume all responsibility for shipments of Goods requiring any government import or export clearance. The Contract contains all of the representations, stipulations, warranties, agreements and understandings with respect to the subject matter of the Contract and its execution has not been induced by any representation, stipulation, warranty, agreement or understanding (including any course of prior dealings between the Parties hereto) of any kind other than those herein expressed.