TERMS OF SERVICE

Agreement between User and www.xbomb.org

Welcome to www.xbomb.org. The www.xbomb.org website (the "Site") is

comprised of various web pages operated by XBomb Modified

Trailers ("XBomb"). www.xbomb.org is offered to you conditioned on your

acceptance without modification of the terms, conditions, and notices

contained herein (the "Terms"). Your use of www.xbomb.org constitutes

your agreement to all such Terms. Please read these terms carefully, and

keep a copy of them for your reference.

www.xbomb.org is a Manufacturing and Sales Site.

We are specialists in the creation of practical, high quality emergency

response trailers.

Privacy

Your use of www.xbomb.org is subject to XBomb's Privacy Policy. Please

review our Privacy Policy, which also governs the Site and informs users

of our data collection practices.

Electronic Communications

Visiting www.xbomb.org or sending emails to XBomb constitutes

electronic communications. You consent to receive electronic

communications and you agree that all agreements, notices, disclosures

and other communications that we provide to you electronically, via

email and on the Site, satisfy any legal requirement that such

communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the

confidentiality of your account and password and for restricting access

to your computer, and you agree to accept responsibility for all

activities that occur under your account or password. You may not assign

or otherwise transfer your account to any other person or entity. You

acknowledge that XBomb is not responsible for third party access to

your account that results from theft or misappropriation of your

account. XBomb and its associates reserve the right to refuse or cancel

service, terminate accounts, or remove or edit content in our sole

discretion.

Children Under Thirteen

XBomb does not knowingly collect, either online or offline, personal

information from persons under the age of thirteen. If you are under 18,

you may use www.xbomb.org only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.xbomb.org may contain links to other websites ("Linked Sites"). The

Linked Sites are not under the control of X-Bomb and XBomb is not

responsible for the contents of any Linked Site, including without

limitation any link contained in a Linked Site, or any changes or

updates to a Linked Site. XBomb is providing these links to you only as

a convenience, and the inclusion of any link does not imply endorsement

by XBomb of the site or any association with its operators.

Certain services made available via www.xbomb.org are delivered by third

party sites and organizations. By using any product, service or

functionality originating from the www.xbomb.org domain, you hereby

acknowledge and consent that XBomb may share such information and data

with any third party with whom XBomb has a contractual relationship to

provide the requested product, service or functionality on behalf of

www.xbomb.org users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to

access and use www.xbomb.org strictly in accordance with these terms of

use. As a condition of your use of the Site, you warrant to XBomb that

you will not use the Site for any purpose that is unlawful or prohibited

by these Terms. You may not use the Site in any manner which could

damage, disable, overburden, or impair the Site or interfere with any

other party's use and enjoyment of the Site. You may not obtain or

attempt to obtain any materials or information through any means not

intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics,

logos, images, as well as the compilation thereof, and any software used

on the Site, is the property of XBomb or its suppliers and protected by

proprietary rights. You agree to observe and abide by all copyright and

other proprietary notices, legends or other restrictions contained in

any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in

the transfer or sale, create derivative works, or in any way exploit any

of the content, in whole or in part, found on the Site. X-Bomb content

is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will

not delete or alter any proprietary rights or attribution notices in any

content. You will use protected content solely for your personal use,

and will make no other use of the content without the express written

permission of XBomb and the copyright owner. You agree that you do not

acquire any ownership rights in any protected content. We do not grant

you any licenses, express or implied, to the intellectual property of

XBomb or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by XBomb from our

offices within the USA. If you access the Service from a location

outside the USA, you are responsible for compliance with all local laws.

You agree that you will not use the XBomb Content accessed through

www.xbomb.com in any country or in any manner prohibited by any

applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless XBomb, its officers,

directors, employees, agents and third parties, for any losses, costs,

liabilities and expenses (including reasonable attorney's fees) relating

to or arising out of your use of or inability to use the Site or

services, any user postings made by you, your violation of any terms of

this Agreement or your violation of any rights of a third party, or your

violation of any applicable laws, rules or regulations. X-Bomb reserves

the right, at its own cost, to assume the exclusive defense and control

of any matter otherwise subject to indemnification by you, in which

event you will fully cooperate with XBomb in asserting any available

defenses.

Arbitration

In the event the parties are not able to resolve any dispute between

them arising out of or concerning these Terms and Conditions, or any

provisions hereof, whether in contract, tort, or otherwise at law or in

equity for damages or any other relief, then such dispute shall be

resolved only by final and binding arbitration pursuant to the Federal

Arbitration Act, conducted by a single neutral arbitrator and

administered by the American Arbitration Association, or a similar

arbitration service selected by the parties, in a location mutually

agreed upon by the parties. The arbitrator's award shall be final, and

judgment may be entered upon it in any court having jurisdiction. In the

event that any legal or equitable action, proceeding or arbitration

arises out of or concerns these Terms and Conditions, the prevailing

party shall be entitled to recover its costs and reasonable attorney's

fees. The parties agree to arbitrate all disputes and claims in regards

to these Terms and Conditions or any disputes arising as a result of

these Terms and Conditions, whether directly or indirectly, including

Tort claims that are a result of these Terms and Conditions. The parties

agree that the Federal Arbitration Act governs the interpretation and

enforcement of this provision. The entire dispute, including the scope

and enforceability of this arbitration provision shall be determined by

the Arbitrator. This arbitration provision shall survive the termination

of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an

individual basis; class arbitrations and class/representative/collective

actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING

CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS

A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR

REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY

GENERAL ACTION AGAINST THE OTHER. Further, unless both you and XBomb

agree otherwise, the arbitrator may not consolidate more than one

person's claims, and may not otherwise preside over any form of a

representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL

ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. XBOMB

MODIFIED TRAILERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR

CHANGES IN THE SITE AT ANY TIME.

XBOMB MODIFIED TRAILERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS

ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND

ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR

CONDITION OF ANY KIND. X BOMB MODIFIED TRAILERS AND/OR ITS SUPPLIERS

HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,

INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL X

BOMB MODIFIED TRAILERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,

INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY

DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF

USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE

USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE

SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE

SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF

THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT

LIABILITY OR OTHERWISE, EVEN IF XBOMB MODIFIED TRAILERS OR ANY OF ITS

SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME

STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION

MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE

SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY

IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

XBomb reserves the right, in its sole discretion, to terminate your

access to the Site and the related services or any portion thereof at

any time, without notice. To the maximum extent permitted by law, this

agreement is governed by the laws of the State of North Carolina and you

hereby consent to the exclusive jurisdiction and venue of courts in

North Carolina in all disputes arising out of or relating to the use of

the Site. Use of the Site is unauthorized in any jurisdiction that does

not give effect to all provisions of these Terms, including, without

limitation, this section.

You agree that no joint venture, partnership, employment, or agency

relationship exists between you and XBomb as a result of this agreement

or use of the Site. XBomb's performance of this agreement is subject to

existing laws and legal process, and nothing contained in this agreement

is in derogation of XBomb's right to comply with governmental, court

and law enforcement requests or requirements relating to your use of the

Site or information provided to or gathered by XBomb with respect to

such use. If any part of this agreement is determined to be invalid or

unenforceable pursuant to applicable law including, but not limited to,

the warranty disclaimers and liability limitations set forth above, then

the invalid or unenforceable provision will be deemed superseded by a

valid, enforceable provision that most closely matches the intent of the

original provision and the remainder of the agreement shall continue in

effect.

Unless otherwise specified herein, this agreement constitutes the entire

agreement between the user and XBomb with respect to the Site and it

supersedes all prior or contemporaneous communications and proposals,

whether electronic, oral or written, between the user and XBomb with

respect to the Site. A printed version of this agreement and of any

notice given in electronic form shall be admissible in judicial or

administrative proceedings based upon or relating to this agreement to

the same extent and subject to the same conditions as other business

documents and records originally generated and maintained in printed

form. It is the express wish to the parties that this agreement and all

related documents be written in English.

Changes to Terms

XBomb reserves the right, in its sole discretion, to change the Terms

under which www.xbomb.org is offered. The most current version of the

Terms will supersede all previous versions. XBomb encourages you to

periodically review the Terms to stay informed of our updates.

X-Bomb welcomes your questions or comments regarding the Terms:

XBomb Modified Trailers. 2446 South Post Rd, Shelby, North Carolina 28152

Email Address: shaun@xbomb.org Telephone number: 704.420.3875

Effective as of August 07, 2023

TERMS OF SERVICE

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