Xperience

TERMS AND CONDITIONS OF USE

These Terms and Conditions apply to the Sponsors and Users of the Service, as described below. We suggest that you read these Terms and Conditions carefully to understand fully your rights and obligations when using XPERIENCE.

1) Definitions

The following terms, beginning with a capital letter, are used in these Terms and Conditions in both their singular and plural forms. These terms have the following meaning:

• Content: all information provided by Users through the Website, including but not limited to User Profiles.

• Database: the data collected by XPERIENCE, including Profiles and other Content.

• Service: the service offered by XPERIENCE to the Sponsor, as described in these terms of use.

• Access Data: Sponsor´s name and password to which they have access to the Profile or which have been provided to them for making use of the Service.

• Intellectual Property Rights: all intellectual property rights and associated rights, such as copyright, trademark rights, database rights, trademark rights and associated rights, as well as rights over knowledge and actions to the pair of these rights (similar operation, comparable operation to a patented invention).

• Members: (the Sponsor and/or User) in these Terms of Service.

• Sponsor: Members who search, book or use services.

• User: Members who publish and offer services.

• Privacy Policy: XPERIENCE's privacy policy is available at the following address: [-].

• Website: XPERIENCE website.

2) Overall

XPERIENCE reserves the right to modify and/or add to these Terms of Use at any time. The most recent Terms of Use can be found on the Website, or will be communicated to you while you use the Service. If you continue to use the Service after a modification/expansion of these Terms of Use, you irrevocably accept the modified and/or expanded Terms of Use. If you do not agree to the revised and/or expanded Terms of Use, your only option is to stop using the Service and delete your Profile.

3) The Service

• The Service offers you the ability to create a Profile, which can be viewed by other Members and website visitors. The objective of the Service is to connect, through the Website, individuals who are looking for another individual to take care of children on a temporary basis, nursing services, domestic services and gardeners, or professionals willing to offer services to individuals. For more information about a Listing, view the description and photos, the Host Profile, and Sponsor reviews. If you have any questions, send a message to the User.

• The Service consists in the offering of access to the professionals Database, which in exchange of a payment can be contacted through the Website with the aim of jointly organizing the services. On the Website, additional conditions may be imposed under which the Sponsor must make use of the Service. These terms affect, along with other matters, how the Profile must be created and published.

4) Access to the Service and availability

• In order to use the Service, you must create a Profile, it is expressly prohibited to create a profile with the name of another person. During the registration process, you must provide your Access Data, with which you can Access to your Profile.

• You are personally responsible for ensuring that your Access Data remains secret. You are not allowed to provide your Access Data to third parties. You are responsible for the use of the Service you make with your Access Data. XPERIENCE will assume that you are the person who makes use of your Access Data. If you have a reason to believe that your Access Data is in the hands of unauthorized people, you must inform XPERIENCE immediately, without prejudice to your own obligation to take the appropriate measures, such as changing your Access Data. XPERIENCE is not responsible for any loss or damage caused by unauthorized access or use of the Website by third parties.

• XPERIENCE reserves the right at any time, without prior notice and without assuming any liability to you, to (i) make operational or technical changes and/or improvements to the Website and/or the Service and (ii) remove, block or restrict access to the Service or your Profile (temporarily or indefinitely).

• XPERIENCE is not responsible, nor does have any obligation, for loss or damage resulting from the (temporary) unavailability or inaccessibility of the Website and/or the Service.

• XPERIENCE is not responsible, nor does it have any obligation to you, for loss or damage resulting from the (temporary) unavailability or inaccessibility of the Website and/or the Service.

• XPERIENCE does not offer guarantees, commitments or indemnities related to the quality, security, legitimacy, integrity or correctness of the Website and the Service, unless otherwise indicated in these Terms of Service.

• You are solely responsible for the acquisition and/or correct operation of reliable telecommunications infrastructures and facilities (including Internet connection), necessary to make use of the Service.

6) Sponsors Terms

• Search. You can search for User Services using criteria such as the type of the User Service, type of service, and dates. You can also use filters to refine your search results. Search results are based on relevance to your search and other criteria. Relevancy takes into account factors such as price, availability, Reviews, Sponsor service and cancellation history.

• Reservations. By booking a Service, you agree to pay all the charges for your reservation, including the price of the Service, applicable fees, taxes, and other items identified during the checkout process (collectively, the “Total Price”). When you receive the reservation confirmation, you and the User will directly enter into a Services Agreement (the "Reservation"). In addition to these Terms, you will be subject and responsible for complying with all the terms of the Service, including, without limitation, the cancellation policy and any other rules, standards, policies or requirements identified on the Service or during the reservation process and payment. It is your responsibility to read and understand these rules, standards, policies and requirements before booking a Service.

• User Reservations. An Experience or other Booking Service entitles you to participate in, attend or use such User Service. You are responsible for informing the User of any medical, physical, or other circumstances that may affect your ability to participate, attend, or use the User Service.

7) Cancellations, Refunds and Modifications to the Service.

• Cancellations, Setbacks and Refunds. In general, if you as a Sponsor cancel a Reservation, the amount refunded to you will be determined in accordance with the cancellation policy applicable to that Service. But, in certain situations, other policies take precedence and determine the amount to be reimbursed. If something beyond your control forces you to cancel a Reservation, you may be eligible for a full or partial refund based on force majeure.

• Reservation Modifications. Members are responsible for any modifications to the reservation they agree through the XPERIENCE Platform (“Reservation Modification”), and agree to pay any additional amount, commission or tax associated with any Modification to the Reservation.

8) Liability.

• You are responsible for your own acts and omissions and also for your access to any User Service. For example: (i) you are responsible for your personal property, (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for a minor, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of the minor.

• Risks: You acknowledge that any activities carry inherent risks and agree that, to the extent permitted by applicable law, there may be some risks arising from the access to the XPERIENCE Platform and any Content therein, as well as the use of any Service or any other interactions you have with other Members, whether in person or online. This means that you are responsible for checking a User Service to determine if it is suitable for you. For example, User Services may carry risk of illness, bodily injury, disability, or death, and you freely and voluntarily assume those risks by choosing to participate in such User Services.

9) Users Terms

• Users. As a User, XPERIENCE offers you the right to use the XPERIENCE Platform to share its Services with our community of Sponsors. Creating a Listing is easy, and you are in control of how you provide the User Service: how you set the price, availability, and the rules for each Listing.

• Users Agreements. When you accept a reservation request or receive a reservation confirmation through the XPERIENCE Platform, you are entering into a contract directly with the User and you are responsible for delivering your User Service on the established terms and fees specified in your Listing. You also agree to pay the applicable fees, such as the XPERIENCE service fee (and applicable taxes) for each reservation. XPERIENCE Wallet (as such term is defined below) will deduct amounts owed by you from your receivables unless you and XPERIENCE agree on a different method. Any terms, policies or conditions that you include in any supplemental agreement with Sponsors must: (i) be consistent with these Terms and the information provided in your Listing, and (ii) appear prominently in your Listing description.

• Independence of Users. Your relationship with XPERIENCE is of an independent person or entity and not of an employee, agent, joint venture, or partner of XPERIENCE, except that XPERIENCE Payments acts as a payment collection agent as described in the Payment Terms. XPERIENCE does not direct control your User Service, and you agree that you have complete discretion on how and when you provide the User Services and prices and conditions to offer them.

• Ads Management.

• Creation and Administration of your Ads. The XPERIENCE Platform offer tools to help you set up and manage a Listing. Your Listing must include complete and accurate information about your User Service, its price, other charges such as offline fees, and any rules or requirements applicable to your Sponsors or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (such as photos) current and accurate at all times. We recommend you to obtain adequate insurance for your User Services and we suggest that you carefully review the terms and conditions of the policy, including coverage details and exclusions.

• Know your Legal Obligations. You are responsible for understanding and complying with all laws, rules, regulations and agreements with third parties that apply to your Listing or User Services. Some jurisdictions require Users to register, obtain a permission or license before providing certain User Services. Check your local regulations to see which ones apply to the User Services you plan to offer. The information we provide regarding legal requirements is for informational purposes only, and you must independently verify your obligations. You are responsible for managing and using the personal data of Sponsors and other Members in accordance with applicable privacy laws and these Terms. If you are in any doubt on how local laws may apply, you should seek legal advice at all times.

• Liabilities. You are responsible for your own acts and omissions and you are also responsible for the acts and omissions of any person you allow to participate in the provision of your User Services. You are responsible for setting the price and the rules and requirements of your Listing. You must describe any and all charges and fees in your Listing description and you may not charge any additional fees or charges outside of the XPERIENCE Platform. Do not encourage Sponsors to create third party accounts, submit reviews, provide your contact information or take other actions outside of the XPERIENCE Platform.

• Share Services. If you work with a co-host or as part of a team, company or other organization, the entity and each person involved in providing User Services is responsible as a User under these Terms. If you agree to terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts and engage your team, company, or other organization, and that each entity you use is in good standing under the laws of the place where you are established. If you perform other functions, you represent and warrant that you are authorized to perform them. If you instruct XPERIENCE to transfer a portion of your payout to a co-host or other Hosts, or to send payments to another person, you must be authorized to do so and are responsible for the payment amounts and the accuracy of the payment information charge you provide.

• Assumption of Risks. You acknowledge that being a User carries inherent risks and you agree that you assume all risks arising from your access and use of the XPERIENCE Platform, the User Services offering, or any other interactions you have with other Members, whether in person or online. You agree that you had the opportunity to be informed about the XPERIENCE Platform and any laws, regulation, rule or obligation that may apply to your Listings or User Services and that you are not relying on any statement of law or right made by XPERIENCE to do so.

6) Reservation Cancellations and Modifications.

• Cancellations and Setbacks. In general, if a Sponsor cancels a Reservation, the amount paid to you will be determined by the cancellation policy that applies to that Reservation. As a User, you must not cancel a Sponsor without a valid reason in accordance with force majeure or applicable law. If you as a User cancel a Sponsor without a valid reason, we may impose a cancellation fee or other consequences. You agree that XPERIENCE's Refund Policy, Force Majeure Event Policy and these Terms provide for the cancellation policy you have established in situations where cancellation of a Reservation or refunds to Sponsors is permitted. If a refund is reasonably expected to be provided to a Sponsor under one of the above policies, the issuance of any payout for that Reservation may be delayed until a decision on the refund is made. If you are a User of a Service, please note that the Cancellation Policy, Sponsor Refund Policy and various cancellation fees and consequences apply to your Reservations.

• Modifications of Reservations. Users and Sponsors are responsible for any Reservation Modifications they agree to make through the XPERIENCE Platform or direct XPERIENCE customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Reservation modification.

7) Taxes.

• User taxes. As a User, you are responsible for ascertaining and fulfilling your legal obligations with respect to declaring, collecting, liquidating or including in the price VAT or other applicable indirect taxes, taxes on services (hereinafter "Taxes").

• Collection and settlement through XPERIENCE. In jurisdictions where XPERIENCE facilitates the collection and/or remittance of Taxes on behalf of Users, you instruct and authorize XPERIENCE to collect Taxes on your behalf and/or remit them to the appropriate tax authority. Any of the taxes that XPERIENCE collects and/or remits are indicated to Members in their transaction records, as applicable. XPERIENCE may request additional amounts from Members (including deducting them from future charges) in the event that Taxes collected and/or remitted are insufficient to fully meet Members' tax obligations, and you agree that your sole remedy against Taxes collected by XPERIENCE is a refund from the appropriate tax authority. You acknowledge and agree that XPERIENCE reserves the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

• Tax information. In certain jurisdictions, tax regulations may require that tax information about you be collected and/or reported, that taxes be withheld from charges, or both. If you fail to provide documentation deemed sufficient to substantiate such obligation to withhold Taxes from your collections, collections may be withheld up to an amount as required by law, until sufficient documentation is provided. You agree that XPERIENCE may issue invoices or similar documentation on your behalf in relation to VAT, GST, consumption or other taxes for your User Services in order to facilitate accurate tax reporting by you, the Sponsors and/or or their organizations.

6) Payment

• Payment will operate according to the following:

• XPERIENCE will charge a % commission to its Members for the right to use the XPERIENCE Platform, which will not be refundable.

• Virtual Wallet or XPERIENCE Wallet: The User freely chooses the amounts of payment that will be charged for their Services. In this modality, the User must create a Wallet account to receive the payments made by the Sponsor, either through their bank account, Paypal or Bitcoin. By selecting any of them, you accept that the BTC Address that is provided will be used by the User to use their Wallet and the Sponsor to make the payment of the services for the amount they agree on.

• Consequently, the Sponsor may use any payment method that is of your choice and that is available at the time of making the purchase on the Website.

• For the User to be guaranteed to the Sponsor, XPERIENCE will make a payment withholding. XPERIENCE takes the funds from the Sponsor's account in order to carry out the sponsorship through a charge, the balances are retained depending on the payments that are applicable in each specific case, for example. (plane, per diem, etc.). XPERIENCE transfers these travel expenses to the User by providing evidence to XPERIENCE. If you would like a refund: if at any time you have to go back from virtual money to real money, an instruction to send the funds to your bank account is sent.

Likewise, it is reported that XPERIENCE is not responsible for connectivity errors that may exist between your Wallet and payment method. If it were the case that, due to an error of this type, the transaction will not be completed, it will be the responsibility of the bank preferably, • Paypal or Bitcoin, the clarification of said assumption with the Members and, if applicable, their reimbursement.

• In the event that payment is not made on time, XPERIENCE reserves the right to immediately terminate the contract or block or restrict access to the Service, until such time as you have fulfilled your obligations (payment), including any other expenses and interest.

6) Intellectual Property Rights

• The Intellectual Property Rights applied to the Service, including the Website and the Database, as well as any text, appearance of the site, templates of the Profiles, video, audio and photographic material available through the Website, with the Except for the Content, it is the property of XPERIENCE and/or its licensors.

• Under the conditions described in these Terms of Service, XPERIENCE grants you the limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to access and use the Service, including the Database, the Content and the Website for the purpose described in these Terms of Service.

• You maintain, in principle, the Intellectual Property Rights over the Content that you have published. You acknowledge and agree that by making the Content available/uploaded you automatically provide XPERIENCE with a free, worldwide, irrevocable, sublicensable, transferable license to make this Content public and to duplicate the Content and store the Content in the Database as required to provide the service.

• You confirm to XPERIENCE that you own all rights to the Content and are fully authorized to grant the license, as stipulated in this XPERIENCE article.

7) Content

• You acknowledge and agree that the Profile and/or other Content you make available through the Service may be used by other Sponsors. You acknowledge that XPERIENCE has no influence over the compliance with these Terms of Use by other Sponsors and/or third parties.

• It is forbidden to place Content:

a) that is discriminatory in terms of appearance, race, religion, gender, culture, ancestry, or that in any way can be interpreted as insulting or inappropriate.

b) that incites violence and/or harassment of another or others, or that leads to or is the result of the exploitation or abuse of others, or that constitutes an illegal activity, or that promotes illegal activities.

c) that is contrary to good morals, or has a violent nature.

in which personal data of minors are requested, in which personal data of third parties are provided, or in which their personal contact data is included. In the event that the Sponsor shares content from third parties, such as, but not limited to, showing them in a photo or mentioning their personal data in the references, the a) Sponsor must obtain the approval of the other party. Sponsor must be able to provide evidence of this approval at all times in the event of a dispute.

b) that contains viruses, Trojan horses, worms, bots or other programs that may harm an automated system, or that may render such a system unusable or inaccessible, or that may erase or give ownership of such system, or that have for the purpose of circumventing the technical security measures of the Website and/or XPERIENCE's computer systems.

c) that is based on falsehoods and/or misleads, or consists of assuming a false identity, and/or incorrectly suggests that the Sponsor is connected with XPERIENCE.

• XPERIENCE reserves the right to shorten, alter or reject the Content, or remove the Content from the website if it deems it necessary, without XPERIENCE being entitled to compensation and/or without liability on the part of XPERIENCE.

6) XPERIENCE Role.

We offer you the right to use a platform that allows Members to publish, offer, search and book User Services. While we do our best to ensure that XPERIENCE Members have a great experience, we do not and cannot control the conduct of Sponsors and Users. You acknowledge that XPERIENCE has the right, but has no obligation, to monitor the use of the XPERIENCE Platform and verify information provided by Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, protect, and improve the XPERIENCE Platform (including for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure Members' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, a security agency, administrative or government; (iv) address Content that we determine to be harmful or objectionable; (v) take the actions set forth in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including removing Ads that do not meet the quality and eligibility criteria. Members agree to cooperate with and assist XPERIENCE in good faith, as well as to provide XPERIENCE with information and take such actions as XPERIENCE reasonably requests with respect to any investigation conducted by XPERIENCE related to the use or abuse of the XPERIENCE Platform. XPERIENCE does not act as an agent for any Member except when XPERIENCE Payments acts as a collection agent as provided in the Payment Terms.

Member Accounts.

You must register an account to access and use the many features of the XPERIENCE Platform. Registration is only allowed for legal entities, associations and individuals or natural persons over 18 years of age. You represent and warrant that you are not a person or entity that may not use the XPERIENCE Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current and complete information during registration and keep your account information current. You may not register more than one account or transfer your account to another person. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose them to any third party. You are responsible for activities conducted through your account and you must notify XPERIENCE immediately if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If permitted by applicable law, XPERIENCE may, but is not required to (i) ask you to provide identification or other information, (ii) perform checks designed to help verify your identity or background, (iii) match your information with databases data from third parties or other sources and request reports from service providers, and (iv) obtain public record reports of criminal convictions or sex offender registries or their local equivalents.

We provide the XPERIENCE Platform and all Content "as is" without warranty of any kind and disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Sponsor, User, User Service, Listing, or third party; (ii) we do not guarantee the performance or non-interruption of the XPERIENCE Platform; and (iii) we do not guarantee that identity or background checks conducted on Ads or Members (if any) will identify past misconduct or prevent future misconduct. Any reference to a “verified” Member or Listing (or similar language) indicates only that the Member or Listing has completed a relevant verification or identification process and nothing more. The limitations of liability in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties that we cannot disclaim, the duration of such statutory rights or warranties will be limited to the maximum extent permitted by law.

7) Limitations of Liability.

Neither XPERIENCE (including its affiliates and personnel) nor any other party involved in the creation, production, or delivery of the XPERIENCE Platform or any Content shall be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services or any damages for personal or bodily injury or emotional distress or moral damage arising out of or related to (i) these Terms, (ii) the use or inability to use the XPERIENCE Platform or any Content, (iii) any communication, interaction or meeting you may have with anyone you interact with or meet through the XPERIENCE Platform or as a result of your use, or (iv) the publication or reservation of an Ad, including the provision or use of User Services, whether by guarantee, c contract, tort, or tort (including negligence), product liability, or any other legal theory, and whether or not XPERIENCE has been advised of the possibility of such damages, even if a limited remedy set forth in these Terms is found to have failed in its essential purpose.

These limitations of liability and damages are essential elements of the contract between you and XPERIENCE. If applicable law does not allow the limitations of liability set forth in these Terms, the above limitations may not apply to you.

XPERIENCE is not responsible under any circumstances for damages caused by providing the Service, or as a result of illegal actions or otherwise to the extent permitted by law.

XPERIENCE is not in any way responsible for indirect losses, including financial losses, loss of billing or profit, loss of data or immaterial damages connected to or occurring as a result of the Service.

Complaint about illegal information

• XPERIENCE is not responsible for any damage related to the (illegal) use of the Website. XPERIENCE is only obligated, under the conditions set out below, and after receiving a report, to remove any unequivocally illegal material or to stop any unequivocally illegal activity.

• XPERIENCE has established a procedure by which the presence or accessibility of allegedly illegal material can be reported to XPERIENCE. It can be processed via email to [-], or by clicking on the “Report Sponsor” button, present on profile pages and in received emails.

• XPERIENCE reserves the right to refuse to block material or terminate activities, if XPERIENCE has legitimate reasons to doubt the accuracy of the report or the accuracy of any evidence submitted with the report, or if the valuation of interests warrants it. requires. In this case, XPERIENCE may request the legal opinion of an authorized judge depending on the jurisdiction in question, indicating that the material or activity in question is illegal.

• XPERIENCE must not under any circumstances be required to be a party to a dispute between the person responsible for the complaint and any third party.

6) Termination, Suspension and Other Measures.

• Duration. The contract between you and XPERIENCE reflected in these Terms becomes effective when you access the XPERIENCE Platform (for example, to create an account) and remains in effect until either you or XPERIENCE terminate the contract under these Terms.

• Termination. You may terminate this agreement at any time by sending an email or by deleting your account. XPERIENCE may terminate this agreement and your account for any reason by giving you 30 (thirty) days' notice by email or using any other contact information you have provided in your account. XPERIENCE may also terminate this Agreement immediately and without notice and cease providing access to the XPERIENCE Platform if you breach these Terms, violate applicable laws, or if we reasonably believe that termination is necessary to protect XPERIENCE, its Members, or third parties. . If your account is inactive for more than two years, we may terminate your account without notice.

• Violations committed by Members. If (i) you breach these Terms, (ii) you violate applicable laws, regulations, or the rights of third parties, or (iii) XPERIENCE deems it reasonably necessary to protect XPERIENCE, its Members, or third parties; XPERIENCE may, with or without notice:

1. Suspend or limit your access or use of the XPERIENCE Platform and/or your account.

2. Suspend or remove Ads, Reviews or other Content.

1. Cancel pending or confirmed reservations.

2. Suspend or revoke any special status associated with your account.

• For minor violations or when appropriate as determined by XPERIENCE in its sole discretion, XPERIENCE will notify you of any planned action and give you an opportunity to resolve the problem. You may appeal actions taken under this Section by contacting customer service. If a Reservation is canceled in accordance with this Section, the amount paid to the User will be reduced by the amount we reimburse or provide to the Sponsor and any other costs incurred as a result of the cancellation.

• Legal Obligations. XPERIENCE may take any action it deems reasonably necessary to comply with applicable law, or the order or requirement of a court, law enforcement agency, or other administrative or government agency.

6) Jurisdiction

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of [*] and the United States of America, without regard to applicable conflicts of laws and without giving effect to conflicts of law principles that would give rise to to the application of the substantive laws of another jurisdiction.

7) Arbitration and Dispute Resolution in the United States.

App. This Arbitration Agreement is only valid for Members residing or established in the United States. If your country of residence or establishment is not the United States, and yet you seek to bring any legal claim against XPERIENCE in the United States, this Agreement to Arbitrate shall apply to determine the prior question of whether this Section applies to you. or not, and all other boundary determinations, including residency, arbitrability, applicable law and jurisdiction.

General Description of the Conflict Resolution Process. XPERIENCE is committed to participating in a consumer-friendly dispute resolution process. To do this, these Terms provide a two-part process for individuals to whom this Section applies: (1) an informal negotiation directly with the XPERIENCE customer service team and, if necessary, (2) binding arbitration. administered by the American Arbitration Association (“AAA”). XPERIENCE and you retain the right to seek relief in small claims court as an alternative to arbitration.

Arbitration Agreement. You and XPERIENCE mutually agree that any dispute, claim, or controversy arising out of or related to these Terms or their applicability, breach, termination, validity, enforcement, or interpretation, or any use of the XPERIENCE Platform, User Services, or any Content ( collectively, “Disputes”) will be resolved by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute as to whether this Arbitration Agreement is enforceable or applies to our Dispute, you and XPERIENCE agree that the arbitrator will decide the matter.

Arbitration Rules and Applicable Law. This Agreement to Arbitrate reflects an interstate commercial transaction and therefore the Federal Arbitration Act governs the interpretation and enforcement of this provision both procedurally and substantively. The arbitration will be administered by the AAA in accordance with the AAA's Consumer Arbitration Rules and/or other arbitration rules that the AAA determines to be applicable (the “AAA Rules”) in effect at the time.