TERMS OF USE

XTORES

The following Terms and Conditions of Service constitute a legally binding agreement (the "Agreement") between you ("You" or the "Client") and XTORES.com, ("XTORES.comŽ") regarding use of the www.XTORES.com Web site ("Site") .

By accessing or using the Site or Services, You thereby agree to be bound by these Terms and Conditions of Service. If You do not wish to be bound by these Terms and Conditions of Service, You may not access or use the Site or Services.

I.

GENERAL USAGE CONDITIONS

1.1

The Site is a communications medium by which consumers can have access to and use Services offered by XTORES.comŽ.

1.2

Prior to using such Services, You must properly complete the account registration ("Account"), which is available on the Site. Only an individual, acting either in his or her individual capacity or on behalf of a company, may be a registered user ("Registered User"). A Registered User may only have one Account, which is non-transferable.

1.3

Registered User Warranties:

(a)

As a Registered User, You represent and warrant that You are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Site in accordance with all Terms and Conditions of Service herein. You agree to supervise and will be responsible for any and all usage of the Site under Your Account, including any username and/or password associated with the Account. Any such use shall be deemed to constitute use by You and must comply with all the Terms and Conditions applicable to Your use. You also represent and warrant that all information supplied by You is and will be true and accurate. You agree not to submit any speculative, false or fraudulent information. You agree that You will use the Services of this Site only for legitimate and lawful purposes. Where the Registered User is a business entity, You represent and warrant that You have the authority to bind such entity to these Terms and Conditions of Service and will indemnify XTORES.comŽ in the event such entity disputes Your authority to so bind such entity.

(b)

You represent and warrant that You own or are the owner or authorized licensee of the Source Material(s) (defined below) and all components thereof, and that reproduction, service, adaptation, and transmission of the Source Material(s) through the Site or Services shall not infringe upon any copyright, trademark, patent, trade secret, privacy or other right of any third party.

(d)

By using the Site or Services, You agree not to upload to, distribute, or otherwise publish through the Site, any Source Material(s) that is harassing, abusive, threatening, libelous, defamatory, obscene, pornographic, profane, sexually explicit, or otherwise violative of any law, including, without limitation, any criminal, trademark or copyright law. You shall not upload Source Material(s) (i) that encourages or promotes illegal activity, (ii) that discusses illegal activities with the intent to commit them, or (iii) that may give rise to civil or criminal liability in any way, or which violates federal, state, or local laws. You shall not upload materials intended to be used for the transmission of unsolicited e-mails (spam) or faxes. You shall not in any manner impersonate anyone else or misrepresent Your true identity.

(e)

You represent and warrant at all times that the Source Material(s) You upload to the XTORES.comŽ servers or Site for all Services will be free from infection or viruses, worms, Trojan horses or other destructive code.

1.4

As a Registered User, You must keep confidential and not send or disclose Your username or password to anybody other than XTORES.comŽ. You must not store Your username or password in any form in any location where either one is capable of being read by anybody other than Yourself. You must not permit any other person, other than persons having Your express permission and under Your personal supervision, to use Your username and password to access and use the Services. You accept and assume total responsibility for all aspects of use of the Services by all persons using Your username and password.

1.5

XTORES.comŽ reserves the right in its sole discretion to refuse to provide the Services at any time.

1.6

By using the Site or Services, You agree that XTORES.comŽ may suspend or deny further access to the Site or the Services for any reason whatsoever, or for no reason at all, including, without limitation, breach of these Terms and Conditions.

1.7

Privacy Policy:

(a)

The process for registering as a Registered User requires Registered Users to provide XTORES.comŽ with contact information for the Client. XTORES.comŽ may also collect personally identifiable information at other times. XTORES.comŽ uses the personal data information for two general purposes: (i) to fulfill Your requests for certain products and services, and (ii) to contact You about special offering XTORES.comŽ and new products or services. You can choose to opt out of receiving non-essential communications from us. Please indicate this on by sending an e-mail to optout@XTORES.comŽ.com. XTORES.comŽ shall not distribute, rent, or re-sell the personal data provided by its Registered Users to third parties. However, XTORES.comŽ may send personally identifiable information to other persons or entities when (a) XTORES.comŽ has Your consent to share such information, (b) XTORES.comŽ needs to share Your information to provide a product or service You have requested, or (c) XTORES.comŽ needs to respond to a court order or is otherwise required to do so by law. If the Source Material(s) contain any personally identifiable information about other persons then You will obtain any required consents from such data subjects to permit such information to be disclosed to XTORES.comŽ and to permit XTORES.comŽ to use, disclose, transmit and export such information as required in order to perform the Services requested by You.

(b)

XTORES.comŽ uses a feature of Your Web browser called a "Cookie" to assign a unique identification to Your computer. Cookies are files that Your Web browser places on Your computer's hard drive. XTORES.comŽ uses Cookies to store each registered User's language preferences and other options that make re-ordering faster. The Cookies do not store a Registered User's personal or sensitive information.

(c)

XTORES.comŽ does not itself store any credit card information. Any credit card information collected is transmitted directly to XTORES.comŽ' credit card processor.

(d)

A Registered User shall, at all times, have the right to access and to review the personally identifiable data processed by XTORES.comŽ, and may amend or rectify errors in such.

1.8

You hereby agree to indemnify, defend and hold harmless XTORES.comŽ and its past and present officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability or costs incurred by the Indemnified Parties in connection with any and all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to any breach by You, or by any other person using Your Account identification, of these Terms and Conditions, or otherwise arising from the use of the Site, Services or Deliverables, including, without limitation, reasonable attorney fees. You agree to defend, indemnify and hold harmless XTORES.comŽ from any and all costs, expenses, liabilities, actions or fines arising out of, or in any way connected with, the materials, texts, documents, software or other items delivered to XTORES.comŽ under a specific request or its use by XTORES.comŽ to perform the Services requested by You but excluding any infringement of copyright arising from the fault of XTORES.comŽ. You shall cooperate as fully as reasonably required in the defense of any claim. XTORES.comŽ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.

1.9

XTORES.comŽ reserves the right, at its sole discretion, to vary and develop the elements of the Services offered on the Site and to add or delete modules, languages, or any other elements from time to time. XTORES.comŽ also reserves the right to amend these Terms and Conditions of Service from time to time. We encourage You to review these Terms and Conditions of Service upon each visit to the Site because any changes will be binding upon You.

II.

SITE CONTENT AND INTELLECTUAL PROPERTY

2.1

All rights to the Content (defined below) and Services of the Site are exclusively reserved to XTORES.comŽ. You acknowledge that the Site may contain information, communications, software, photos, text, video, graphics, music, sounds, images, methodologies, innovations, know-how, databases and other material and services ("Content"), which are provided by XTORES.comŽ or by licensors of XTORES.comŽ. You agree and acknowledge that the Content and its use, and the use of this Site, are protected by copyright, trademark, and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided for in this Agreement, Your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.

2.2

The Site is protected by copyright as a collective work and/or compilation, pursuant toCanada copyright laws, international conventions and other copyright laws. Except as set forth in this Agreement, You may not, in whole or in part, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section of the Terms and Conditions of Service), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, or materials used in connection with the Site.

2.3

Copying or storing of the Content of the Site is expressly prohibited without prior written permission from XTORES.comŽ. Your use of the Services does not create a license or any other rights in XTORES.comŽ trademarks, copyrights, patent rights, database rights, or sui generis rights, or any other intellectual property or proprietary rights.

2.4

All right, title, and interest in and to the material(s) You provide to XTORES.comŽ or through the Site and/or in order for XTORES.comŽ to perform the Services (“Source Material(s)”) and, except as hereunder provided, the Deliverable(s) (defined below), and any and all patent rights, copyright, know-how, and trade secrets therein are and remain Your sole and exclusive property. By submitting Source Material(s), You hereby grant to XTORES.comŽ, or warrant that the intellectual property rights owner grants, a non-exclusive license to modify, adapt, translate, exhibit, publish, transmit, reproduce, create derivative works from, distribute, perform, display or otherwise use the Source Material(s) in the course of performing the Services. This license shall terminate upon payment by You in full for the Services and Deliverables requested from XTORES.comŽ.

III.

SERVICES OFFERED ON SITE (www.XTORES.com Web site)

3.1

The Services offered on the Site include Website development services.

3.2

You can request a development by uploading and submitting Source Material(s) to the Site. The final version of such Source Material(s) will be referred to as a Deliverable (the "Deliverable").

IV.

DISCLAIMERS APPLICABLE TO ALL SERVICES, DELIVERABLES AND USE OF THE SITE

4.1

THE SITE, THE SERVICES, THE DELIVERABLES AND ANY OTHER MATERIALS PROVIDED BY XTORES.comŽ OR THIRD PARTIES THROUGH www.XTORES.com A RESULT OF THE SERVICES, ARE PROVIDED ON AN "AS IS" BASIS. XTORES.comŽ MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO MERCHANTABILITY, MERCHANTABILE QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGMENT OF THE SITE, SERVICES OR DELIVERABLES, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR USEFULLNESS OF ANY OF THE CONTENT, MATERIALS, OR SERVICES PROVIDED THROUGH THE SITE. XTORES.comŽ ALSO EXPRESSLY DISCLAIMS THE APPLICATION OF ANY PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (ALSO COMMONLY REFERRED TO AS THE VIENNA CONVENTION) AND ANY LAWS INTENDED TO INCORPORATE THE PROVISIONS OF SUCH CONVENTION INTO LOCAL LAWS.

4.2

XTORES.comŽ SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE, OR ANY LOSS INCURRED (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES OR LOSS OF DATA) IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES OR DELIVERABLES PROVIDED BY XTORES.comŽ (OR THIRD PARTIES ON BEHALF OF XTORES.comŽ), OR ANY DAMAGE OR LOSS DUE TO INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF XTORES.comŽ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE EXCLUSIONS OF AND LIMITATIONS ON LIABILITY CONTAINED IN THESE TERMS AND CONDITIONS OF SERVICE SHALL APPLY REGARDLESS OF THE NATURE OR SOURCE OF THE LOSS OR DAMAGE, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE.

4.3

XTORES.comŽ MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT THE SERVICE, INCLUDING, WITHOUT LIMITATION, AVAILABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY SERVICE. RISK.

4.4

In no event shall the total aggregate liability of XTORES.comŽ to anyone (including Client) relating to the Site, the Services, the Deliverables or otherwise arising from these Terms and Conditions of Service exceed the amount paid by You and received by XTORES.comŽ in consideration of a specific SERVICE request. You agree to indemnify and hold harmless XTORES.comŽ from any cumulative liability to anyone (including Client) which exceeds such limitation.

V.

SERVICES

5.1

Source Material(s) may only be submitted in the format specified on the Site. When submitting Source Material(s), You may specify a requested completion date. XTORES.comŽ shall make reasonable efforts to meet Your requirements; however, late delivery shall not entitle You to withhold payment for work done. XTORES.comŽ EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS RESULTING FROM DELAYS IN THE SERVICE. All Source Material(s) or other property supplied to XTORES.comŽ will be held and processed by XTORES.comŽ at Your risk and XTORES.comŽ will not be responsible for the consequential loss or damage thereto. You should retain copies of all submitted Source Material(s) for Your records.

5.2

Pricing:

(a)

Before submitting Source Material(s), refer to the price list for the SERVICE you require.

(b)

(c)

XTORES.comŽ price list is binding unless You are notified otherwise within two (2) business days of receipt of Your order and the Source Material(s).

(d)

XTORES.comŽ reserves the right to adjust pricing and/or delivery estimates upon receipt and evaluation of the final Source Material(s) to be developed. You shall be advised by XTORES.comŽ of the estimate of additional charges or change of delivery date prior to performing the service. In the event of a material change in pricing and/or delivery estimates, XTORES.comŽ will provide You with the right to cancel Your order.

(e)

XTORES.comŽ reserves the right to refuse a request at its discretion for any reason or no reason whatsoever, including, without limitations, reasons relating to the size, usability and/or subject matter of the Source Material(s).

(g)

In instances in which any sales, consumption, value added or other tax or duty is chargeable, it shall be in addition to the fee. Additional charges may be made for all expenses incurred by XTORES.comŽ at the request of or by agreement with You, which are not included in Your confirmation of the order acknowledgement or which XTORES.comŽ considers reasonably necessary for the completion of the work or any legitimate purpose associated with it.

(h)

There is no delivery or shipping charge for deliveries of Deliverables by XTORES.comŽ using electronic mail or the download functionality from the www.XTORES.com. XTORES.comŽ EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS ARISING OR RESULTING FROM DELAYS IN OR FAILURE OF DELIVERY.

5.3

Binding Agreement:

(a)

Following submission of the Source Material(s) and completion of the needed information by You online, XTORES.comŽ will provide You with an acknowledgement via e-mail of the submitted job. Each order when accepted constitutes a separate agreement.

(b)

If You for any reason request cancellation of a service request that You have commissioned, charges will be payable for all completed work up to the effective date of the cancellation date and for all other costs and expenses which may occur as a result of such cancellation. Any request for cancellation must be made at least seven (7) days prior to the effective date of cancellation unless otherwise agreed by XTORES.comŽ.

5.4

Nature of Service:

(a)

You agree that a service is of such complexity that it might have inherent differences, and You accept that a perfect service might be impossible. XTORES.comŽ shall translate specialized terms by their usual and conventional meaning XTORES.comŽ, and otherwise make decisions based on XTORES.comŽ standard procedures. Technical considerations may dictate variations between original and delivered materials. XTORES.comŽ will use its judgment in the selection of terminology in a given field.

(b)

5.5

All modifications or additions to the Source Material(s) shall be submitted to XTORES.comŽ clearly indicating changes and where they occur in relation to the previously submitted copy. Pricing and scheduling for incorporation of Source Material(s) modifications or additions into the target deliverables in progress shall be determined based on extent and implication of changes and percentage of work already completed. You shall be advised by XTORES.comŽ of the estimate of additional charges before the changes or additions are made by XTORES.comŽ.

5.6

Result of deliverables - Deliverable:

(a)

Upon completion of the service, You shall receive an e-mail notification of the job completion and for you to login and retrieve. XTORES.comŽ IS NOT RESPONSIBLE FOR THE DELIVERY FAILURE OF THIS E-MAIL NOTIFICATION, INCLUDING, WITHOUT LIMITATION, FAILURE CAUSED BY E-MAIL ROUTING SYSTEMS, YOUR E-MAIL SYSTEM, ATTACHMENT SIZE LIMITS, AND/OR E-MAIL GATEWAY PROTOCOL SETTINGS. You can always download the Deliverable(s) from Your personal "My Account History" page.

(b)

XTORES.comŽ shall use reasonable efforts to deliver the Deliverable(s) in the same file format as the Source Material(s).

(c)

XTORES.comŽ shall use reasonable efforts to ensure that each Deliverable(s) is scanned for viruses using a commercially available virus scanning software program before it is delivered. However, XTORES.comŽ DECLINES ANY RESPONSIBILITY FOR ANY DAMAGE CAUSED BY A DELIVERABLE DOWNLOADED BY YOU (VIA E-MAIL OR VIA YOUR “MY ACCOUNT HISTORY” PAGE). It is the Registered User's responsibility to check for the presence of viruses in all Deliverable(s) received.

(d)

XTORES.comŽ reserves the right to destroy or otherwise dispose of any document or other property belonging to You which has been in XTORES.comŽ' custody for more than two (2) months following completion of the work to which it relates.

(e)

XTORES.comŽ shall use reasonable efforts to complete and deliver the service results to You within a commercially reasonable time frame. HOWEVER, XTORES.comŽ SHALL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OR RESULTING FROM FAILURE TO COMPLETE OR DELIVER A SERVICE RESULT TO YOU ON ANY CERTAIN DATE OR AT ANY CERTAIN TIME.

(f)

XTORES.comŽ shall use reasonable efforts to provide Services in accordance with industry standards. Should completion of work be necessary sooner than the normal time required for its proper production, XTORES.comŽ reserves the right to charge supplementary urgency rates to cover the overtime requirements of XTORES.comŽ personnel. Should any other additional costs be incurred, XTORES.comŽ reserves the right to charge for those as well. XTORES.comŽ will confirm these with You prior to proceeding.

(g)

XTORES.comŽ shall correct the following errors free of charge: reasonable quantities of omissions, typos, and grammatical mistakes. You agree that XTORES.comŽ shall have no obligation regarding errors unless XTORES.comŽ receives written notification specifying the error(s) within seven (7) days following delivery of the Deliverable(s) to You. XTORES.comŽ's sole obligation and Your exclusive remedy with respect to errors shall be the obligation to correct the Deliverable(s) at no cost to You. XTORES.comŽ EXPRESSLY DISCLAIMS ALL OTHER OBLIGATIONS OR LIABILITY FOR ERRORS IN SERVICES.

5.8

Term and Termination:

(a)

In the event You materially breach this Agreement, XTORES.comŽ shall have the right to terminate the Agreement immediately or any time thereafter, whereupon You shall pay the full price provided hereunder for the Services completed and for all work in progress, as well as all other costs and expenses incurred as a result of Your breach. In the event that XTORES.comŽ materially breaches this Agreement, You shall have the right to terminate this Agreement, whereupon XTORES.comŽ shall return to You all Source Material(s) and data supplied by You, together with all deliverables that exists as of the date of termination. Notwithstanding the foregoing, neither party shall terminate this Agreement based on a material breach by the other party (with the exception of payment obligations) without first providing such other party with written notice of the breach and a period of ten (10) days to cure such breach. Neither party shall be deemed to be in breach or default of any provision of this Agreement by reason of a delay, or of a failure in performance due to any causes beyond its control.

(b)

If this Agreement is terminated for any reason, XTORES.comŽ is entitled to a full payment for the work already completed at the time of the termination, as well as all other costs and expenses incurred with respect to Your service request.

5.9

Confidentiality:

(a)

XTORES.comŽ shall treat all Source Material(s) supplied by You as confidential.

(b)

Absent Your prior consent, XTORES.comŽ shall not divulge or otherwise disclose Source Material(s) to any person other than authorized personnel or authorized subcontractors of XTORES.comŽ who are contractually required to keep such information confidential. The provisions of this paragraph shall not apply to the extent XTORES.comŽ is required by law to divulge such information or to the extent such information is or becomes a matter of public knowledge other than by disclosure by XTORES.comŽ.

(c)

XTORES.comŽ shall dispatch the Deliverable(s) to You personally by means of e-mail or download from the www.XTORES.com Web site. You shall assume all risks involved in delivery of all Deliverable(s).

VI.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE POLICY

It is our policy to promptly respond to claims of copyright infringement. If You believe that an infringing copyrighted work is accessible on this Site, You may notify our registered copyright agent by sending the following information to the address listed below:

1.

The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic;

2.

A statement that this person is authorized to act on behalf of the copyright owner;

3.

A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent, or by law;

4.

A description of the copyrighted work that You claim has been infringed;

5.

A description of where the material that You claim is infringing is located on the Site; and

6.

Your address, telephone number, and e-mail address.

We ask that You place the term "Notice of Infringement" in the subject line of all such notifications, and send the notification to:

info@XTORES.com

We will process and investigate all notices of alleged infringement as required by the Xtores Copyright Act (XCA), and will, in accordance with the requirements of the XCA, remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the XCA before we replace or restore access to any materials.

VII.

GENERAL

7.1

It is strictly forbidden to link directly to the Services offered on the Site, without the express written permission of XTORES.comŽ. A hyperlink to the general URL "www.XTORES.com " shall be permitted, provided You do not infringe XTORES.comŽ's proprietary rights and You abstain from deep-linking or any other unlawful reference. Framing the Site with links, advertisements and/or other information not originating from the Site is expressly prohibited.

7.2

Registered Users may use the feedback form to report feedback concerning any service request or the service in general.

7.3

Neither party shall be liable for failure in the performance of any of its obligations under this Agreement if such failure is caused by circumstances beyond the control of the party affected.

7.4

The Client who contracts with XTORES.comŽ via e-mail, or more generally via a computer network, or any other similar means of communication, acknowledges that these means of communication possess, notably in terms of evidentiary force, the same validity as that conferred by a writing in a hard copy. Client agrees not to challenge the enforceability of any contract made with XTORES.comŽ by reason that such contract was made using e-mail, a click-through process or through other electronic means.

7.5

The obligations of the parties under this Agreement, which by their nature would continue beyond the termination or cancellation of this Agreement, shall survive such termination or cancellation.

7.6

If any part of this Agreement is determined to be invalid or unenforceable, 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.

7.7

The failure of either party to insist, in any one or more instances, upon the performance of any of the Terms or Conditions of this Agreement, or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.

7.8

XTORES.comŽ may subcontract any or all of the services work to be performed but, subject to the exclusive remedies and limitations of liability set forth in these Terms and Conditions of Service, shall retain responsibility for the work that is subcontracted.

7.9

XTORES.comŽ reserves the right to change these Terms and Conditions of Service at any time. Such modifications shall be effective immediately upon posting. You agree to review these Terms and Conditions of Service periodically to be aware of such modifications, and Your continued access or use of the Site or Services shall be deemed to be Your acceptance of the modified agreement. Except for any revised versions of these Terms and Conditions of Service which are posted on the Site, any other modification or amendment of these Terms and Conditions of Service shall not be enforceable against XTORES.comŽ unless evidenced by a signed writing executed by XTORES.comŽ.

7.10

This Agreement shall be governed by the laws of the Florida State, United States. Client hereby submits to the exclusive jurisdiction of the courts having jurisdiction in Florida and agrees to bring any action relating to the Site, the Services, the Deliverables or otherwise arising from this Agreement exclusively in such courts and in a venue of Broward, Florida. Use of the Site or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Service, including, without limitation, this paragraph.

7.11

Client hereby consents to XTORES.comŽ listing Client as a customer on the Site.

7.12

The parties hereby confirm their express wish that this Agreement and all documents relating thereto be drawn up in English only.

7.13

This Agreement is the entire agreement with respect to its subject matter and supersedes all prior or other proposals, understanding XTORES.comŽ, agreements or other communications between the parties, whether oral or written, including but not limited to any material posted on the Site.

CopyrightŠ 2006 XTORES.com, Inc. All rights reserved.