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Limitations of Liability: By participating, you agree that XDT BRAND, its parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents shall not be liable to you or any third party for: (a) any damages arising out of your participation in the Program except to the extent caused by XDT BRAND intentional misconduct, recklessness, or gross negligence, and (b)any indirect, special, punitive, incidental or consequential losses or damages, including lost profits, regardless of whether such damages were foreseeable and regardless of whether we were advised of the possibility of such losses or damages. These limitations shall apply to all claims and theories of liability to the fullest extent allowed by applicable law.Privacy: Information you submit as part of the Program will be governed by the App’s Privacy Policy.Disputes: You agree that any disputes, claims, and causes of action arising out of, or connected with, the Program shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York.All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, your rights and obligations, or the rights and obligations of XDT BRAND in connection with the Program, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.

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