DotShoppingcart Terms of Service

1.1 DotShoppingcart Terms of Service are between you, the user, together with any company or other business entity you are representing, if any (collectively, "You"), and XShan Corp. ("DotShoppingcart").

DotShoppingcart provides software programs ("Software") that enable merchants to build online stores through which they can sell their products and services online. DotShoppingcart also provides merchants services, including hosting of the online store, site design, email services, marketing services, domain name registration, and other related services as may be offered from time to time (collectively, "Services").

1.2 DotShoppingcart reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not limited to any term, applicable fee, policy, or guideline, at any time without notice or acceptance by You, except as provided in Section 4. Regardless of whether DotShoppingcart has provided You individual notice, Your continued use of the Service following DotShoppingcart's notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms and ensure that any contact information You provide to DotShoppingcart is updated and correct.

1.2 DotShoppingcart reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not limited to any term, applicable fee, policy, or guideline, at any time without notice or acceptance by You, except as provided in Section 4. Regardless of whether DotShoppingcart has provided You individual notice, Your continued use of the Service following DotShoppingcart's notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms and ensure that any contact information You provide to DotShoppingcart is updated and correct.

1.3 BY COMPLETING THE REGISTRATION PROCESS ("Registration Process") AND CLICKING THE "I ACCEPT" BUTTON, YOU: (a) agree to be bound by these Terms and, if applicable, the Melbourne IT Domain Name Registration Agreement; (b) represent and warrant that, if You are an individual, You are 18 years old or older or, if you are an entity, that You are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these Terms; (c) agree to provide true, accurate, current, and complete information in the Service registration form, including billing and credit card related information and other account information (all together, the "Account Information"), and agree to maintain and update this information to keep it true, accurate, current, and complete; (d) agree to be bound by the terms of the ICANN Uniform Domain Name Dispute Resolution Policy located at http://www.icann.org/udrp/udrp.htm as may be amended or relocated from time to time; and (e) represent and warrant that You have the power and authority to enter into and perform under these Terms. If these Terms or any future changes are unacceptable to You, Your sole remedy is to cancel Your Service. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS.

1.4 You authorize DotShoppingcart to process any and all of Your DotShoppingcart account transactions initiated through the use of the password and/or passphrase that You establish through registration on the DotShoppingcart Site and You are solely responsible for maintaining the confidentiality of such password and/or passphrase.

2.1 Software provided by DotShoppingcart, and all worldwide intellectual property rights therein, are the exclusive property of DotShoppingcart. All rights in and to the Software not expressly granted to You in this Agreement are reserved by DotShoppingcart.

2.2 Subject to the terms, DotShoppingcart grants to You a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for DotShoppingcart through the DotShoppingcart Site solely for the purpose of building and maintaining an interactive store hosted by the DotShoppingcart Servers on which You offer Your or a third party's products or services ("Your Store").

2.3 You acknowledge that the Software and its structure, organization, and source code constitute valuable trade secrets of DotShoppingcart. Accordingly, except as expressly allowed under Section 2.2, You will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software or (d) transfer your interest in and to Your Store to any third party.

2.4 DotShoppingcart product and service names, and all of their related logos are each trademarks of XShan Corp. (the "DotShoppingcart Marks"). Without DotShoppingcart's prior written permission, you agree not to display, or use in any manner, the DotShoppingcart Marks.

2.5 Certain additional features that DotShoppingcart may make available to You may require access to and/or installation of additional software (including third party software) that is subject to supplemental or independent terms and conditions ("Additional Software"). Similarly, DotShoppingcart may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions ("Additional Services"). You agree that You will not use such Additional Software or Additional Services unless You have agreed to the applicable terms and conditions, including but not limited to Your payment of additional fees as required. Depending on the Services you elect to receive, You may be responsible for establishing and maintaining a commercial relationship with a financial institution or money transmitter such as a credit card processor, bank or PayPal. The terms of any such relationship shall be between You and that entity and such terms may be more restrictive or place limits on the operation of Your Store - you should contact those entities for more information regarding such terms.

3.1 Upon activation of Your account and subject to the payment of applicable fees, DotShoppingcart will provide certain hosting, support and other miscellaneous Services for the Software licensed by You under this Agreement and Your Store during the term of this Agreement as published on the DotShoppingcart Site. Your Store shall be hosted on a DotShoppingcart Server on which several merchants may share the resources and network capacity of that DotShoppingcart Server.

3.2 At Your request and subject to Your agreement to applicable terms and conditions and the payment of applicable fees, DotShoppingcart Additional Services may include acquisition and registration of a second-level domain name ("Domain Name") for Your Store on Your behalf. You hereby appoint DotShoppingcart and third parties who provide domain name registration services to DotShoppingcart as Your agent in the acquisition, registration and ongoing administration of Domain Names on Your behalf and You authorize DotShoppingcart and third parties who provide domain name registration services to DotShoppingcart to select and issue binding instructions to domain name registrars and registries used to acquire, register and administer Domain Names on Your behalf. DotShoppingcart provides this Service as a convenience to You only and You hereby waive any and all claims that You may have, or which may later arise, against DotShoppingcart for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and/or use of such Domain Name. In addition, DotShoppingcart reserves the right, in DotShoppingcart's sole discretion, to refuse to acquire or register any domain name requested by You, and to discontinue the use of any domain name requested by you.

3.3 At Your request, and subject to DotShoppingcart's acceptance of your request and Your payment of applicable fees, DotShoppingcart will provide design and customization Services for Your Store as provided in this Section 3.3 and in accordance with DotShoppingcart's then current customization terms and conditions. You shall provide all text, music, sound, photographs, video, graphics, logo data, software, design, information and all other content for Your Store to DotShoppingcart within a time period designated by DotShoppingcart. DotShoppingcart shall transfer all Your content into electronic form and a user-accessible format.

3.4 DotShoppingcart reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to You. You agree to receive administrative communications from DotShoppingcart in regards to the Software, Services, Your account, policy changes and system updates.

4.1 FEES
You shall pay the fees set forth for the Software license and Services purchased by You in accordance with DotShoppingcart's Fees Policy that is incorporated into this Agreement by reference. DotShoppingcart may change its Fees Policy and the fees for its Services from time to time. DotShoppingcart's changes to the policy are effective after DotShoppingcart provides You with at least fourteen (14) days' notice of the changes by posting the changes on the DotShoppingcart Site. Unless otherwise stated, all fees are quoted in U.S. Dollars.

4.2 PAYMENT TERMS
DotShoppingcart will invoice You and You agree to pay for non-refundable monthly subscription and other annual or one-time fees, in advance, including fees for the license of Software and Services to be rendered to You by or on behalf of DotShoppingcart in the following month. DotShoppingcart will debit all fees payable by You to DotShoppingcart directly from the credit card account designated by You when You register for Your DotShoppingcart account to receive a license to the Software and receipt of Services from DotShoppingcart and thereafter in accordance with the Fees Policy. Without limiting DotShoppingcart's other remedies, any amount that is not retrievable from Your designated account when due will accrue a late fee at one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.

4.3 TAXES
All fees under this Agreement exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and You will be responsible for payment of all such taxes (other than taxes based on DotShoppingcart's income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement including the access to or license of the Software and performance of the Services hereunder.

5.1 CONTROL OF YOUR STORE
You will be solely responsible for the development, operation and maintenance of Your Store, including the operation of Your Store, accepting, processing and filing customer orders generated through Your Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Your Store. You agree that DotShoppingcart has no obligation to back-up any data related to Your Store's operations and you should independently take appropriate steps to maintain such data in accordance with Your needs and requirements.

5.2 CONTROL OF YOUR STORE'S CONTENT
You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content on Your Store, regardless of whether DotShoppingcart provides any design or customization Services to You under this Agreement, including all descriptions of the products and services You offer to customers of Your Store and user-generated content on and related to Your Store. As a conduit, DotShoppingcart will give You complete discretion over Your content provided it is compatible and interoperable with the Software and Services provided by DotShoppingcart under this Agreement. You retain all rights, title and interest in and to all intellectual property rights embodied in Your content, exclusive of any content provided by DotShoppingcart. Notwithstanding anything contained in the foregoing, if You breach any of the covenants in Section 6.1 of this Agreement, DotShoppingcart is entitled to suspend or terminate Your Store and/or any access to information or data related to Your account and the Software in accordance with Section 12 of this Agreement.

5.3 PASSIVE CONDUIT
You acknowledge that, by only providing You with the ability to publish and distribute Your own or third party products, services or content, DotShoppingcart and its Software are acting only as passive conduits for the distribution and/ or publishing of such products, services or content on the Store. DotShoppingcart has no obligation to You or any third party, and undertakes no responsibility, to review Your Store, the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on Your Store to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if DotShoppingcart believes in its sole discretion (as applicable) that Your Store or any products, services, content or other materials in the Store or on DotShoppingcart Servers may create liability for DotShoppingcart, You agree that DotShoppingcart may take any actions with respect to the content or materials or Your Store that DotShoppingcart believes are prudent or necessary to minimize or eliminate DotShoppingcart's potential liability. DotShoppingcart shall, as applicable, be the sole judge of what content or materials may create liability for DotShoppingcart.

5.4 CONTENT LICENSE
During the period that DotShoppingcart provides Services to You pursuant to Section 3 of this Agreement, You hereby grant to DotShoppingcart and its subcontractors a non-exclusive, irrevocable, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform Your content solely for the purposes provided in this Agreement.

6.1 COVENANTS BY YOU
You covenant that any products, services, or content published and distributed on Your Store and Your related activities shall not violate the DotShoppingcart Store Guideline that is incorporated herein by reference and as it may be amended from time to time, nor shall they :

(i) be false, inaccurate or misleading;
(ii) be fraudulent or involve the sale of counterfeit or stolen items;
(iii) infringe or misappropriates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);
(v) be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
(vi) be obscene or contain child pornography;
(vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(viii) involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and You shall not use Your account or Your Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;
(ix) involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent You shall maintain a written record for a period of three (3) years after any termination of this Agreement;
(x) be harmful or potentially harmful to the DotShoppingcart Server structure as determined in DotShoppingcart's sole discretion, including without limitation overloading the DotShoppingcart technical infrastructure;
(xi) involve subleasing Your account or offering "free space" on or other access to Your account or Your Store to third parties;
(xii) create liability for DotShoppingcart and its subcontractors or expose them to undue risk or otherwise engage in activities that DotShoppingcart , in its sole discretion, determines to be harmful to DotShoppingcart's affiliates, operations, reputation, or goodwill ; and
(xiii) link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate DotShoppingcart' Prohibited and Restricted Items, defined in DotShoppingcart Store Guideline that is incorporated herein by reference and may be amended from time to time.

DOTSHOPPINGCART, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE SOFTWARE, ADDITIONAL SOFTWARE, AND SERVICES, ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE EXCLUDED. DOTSHOPPINGCART, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SOFTWARE, ADDITIONAL SOFTWARE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 7 IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

IN NO EVENT SHALL DOTSHOPPINGCART, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE ADDITIONAL SOFTWARE, THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). DOTSHOPPINGCART', ITS SUPPLIERS', AND SERVICE PROVIDERS', CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO [THE GREATER OF (A)] THE AMOUNT OF FEES YOU PAY TO DOTSHOPPINGCART FOR (I) THE SOFTWARE LICENSE AND (II) THE SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE, AND (B) ONE HUNDRED U.S. DOLLARS (U.S. $100). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

You agree to indemnify and hold DotShoppingcart , its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys' and expert witnesses' fees) incurred or arising from: (a) any breach of the covenants in Section 6.1 of this Agreement, (b) any content provided by You or generated by users of Your Store, (c) any claims arising from the sale or license of goods or services in Your Store, or (d) any breach of this Agreement or the documents it incorporates by reference. DotShoppingcart's, its suppliers' and service providers' indemnity rights shall not be limited or offset by any contributory negligence by DotShoppingcart.

As between DotShoppingcart and You, You shall own all data disclosed by or collected about (a) an individual or entity that accesses Your Store to browse or shop ("Customer Data"), and (b) You ("Your Data"). DotShoppingcart does not sell or rent Your Data to third parties for marketing purposes without Your explicit consent and DotShoppingcart only uses and disclose Your Data as described in the DotShoppingcart Privacy Information, that is incorporated herein by reference and as it may be amended from time to time.

DotShoppingcart shall collect, store and process Customer Data and Your Data on computers located in the United States that are protected by physical as well as technological security devices. If You object to Customer Data or Your Data being collected, stored or processed in this way, please do not use the Software or Services.

You shall maintain all Customer Data that is collected by or disclosed to You in trust and confidence and use and disclose such information solely in accordance with Your privacy policy. You must post, maintain and adhere to Your privacy policy that informs Your Store customers what Customer Data is collected, how it is used, the effective date of Your privacy policy and how customers of Your Stores can learn of changes to Your privacy policy. You shall include a hyperlink to Your privacy policy on the home page of Your Store and on all pages where You collect Customer Data. In addition, You must prominently include within Your posted privacy policy a statement notifying Your customers that Your Store is hosted by DotShoppingcart and that DotShoppingcart has access to aggregated information about customers of Your Store in order for DotShoppingcart to analyze performance and make improvements to DotShoppingcart products.

Without limiting other remedies, DotShoppingcart may limit Your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Your account or Your Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to You if: (a) You fail to pay any fees in accordance with Section 4 of this Agreement and the Price Policy; (b) You breach the covenants in Section 6.1 of this Agreement; (c) You breach this Agreement or the documents it incorporates by reference in any other manner; (d) DotShoppingcart is unable to verify or authenticate any information You provide to DotShoppingcart ; or (e) DotShoppingcart believes that Your actions may cause financial loss or legal liability for You, Your Store customers, or DotShoppingcart.

12.1 SUSPENSION
At the discretion of DotShoppingcart and for any reason set forth in Section 12 of this Agreement, DotShoppingcart may suspend Your account by deactivating any access by You or by Your customers to any information contained on the DotShoppingcart Servers related to Your account while maintaining the information and data related to Your account upon the DotShoppingcart Servers. Suspension shall specifically include the disabling of Your Store and/or any access to information or data related to Your account. In the event of any such suspension You will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated under Section 12.2 of this Agreement. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such fees during any such period of suspension.

12.2 TERMINATION
This Agreement and all of its terms shall remain in full force and effect until it is terminated in accordance with the terms of this Agreement. This Agreement may be terminated either by DotShoppingcart (a) immediately as provided in this Agreement, (b) after a period of suspension as set forth in Section 12.1 of this Agreement, or (c) upon thirty (30) days written notice for any reason. YOU may terminate this Agreement upon twenty-four hours notice by telephoning DotShoppingcart's designated customer support center. Your termination request may be recorded by DotShoppingcart and will require Your user name and password and verification code.

12.3 RIGHTS UPON TERMINATION
In the event of expiration or termination for any reason, the licenses granted under Section 2 of this Agreement shall automatically and immediately cease and You shall destroy all copies of the Software in Your possession, if any. Upon termination, there will be no refund provided to You except as set forth in the Price Policy and all outstanding fees owed by You shall become immediately due and payable. Termination shall not affect the rights of DotShoppingcart to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or expert witnesses' cost or other costs of any kind under this Agreement.

13.1 GOVERNING LAW
This Agreement shall be governed in all respects by the laws of the State of California without giving effect to any conflicts of law principles that would require the application of the laws of a different jurisdiction.

13.2 LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Software, the Services, and Your listing and sale of products and services on Your Store.

13.3 NO AGENCY
You and DotShoppingcart are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

13.4 FORCE MAJEURE
Except for the payment of any fees due and payable under this Agreement, neither party's delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party.

13.5 DISPUTES
In the event a dispute arises between You and DotShoppingcart, DotShoppingcart goal is to provide You with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You and DotShoppingcart agree that any claim or controversy at law or equity that arises out of this Agreement, the Software, or Services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, DotShoppingcart strongly encourages You to first contact DotShoppingcart directly as provided in Section 13.6 to seek a resolution and DotShoppingcart will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. a) Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, You or DotShoppingcart may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association ("AAA") or the Judicial Arbitration and Mediation Service ("JAMS") in accordance with their applicable rules, or any other established Alternative Dispute Resolution provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. b) Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in King County, Washington or where the defendant is located (in DotShoppingcart' case Redmond, Washington, and in Your case Your home address or principal place of business). You and DotShoppingcart agree to submit to the personal jurisdiction of the courts located within the county of Redmond, Washington.

13.6 NOTICES
Except as explicitly stated otherwise, any notices shall be given by postal mail to DotShoppingcart Attn: Legal Department, 6048 189TH PL NE, Redmond WA 98052 (in the case of DotShoppingcart) or to the email address You provide to DotShoppingcart during the registration process (in Your case). Notice shall be deemed given twenty four (24) hours after email is sent, unless DotShoppingcart is notified that the email address is invalid. Alternatively, DotShoppingcart may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to DotShoppingcart during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

13.7 ASSIGNMENT
You shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. You agree that this Agreement may be assigned by DotShoppingcart , in DotShoppingcart's sole discretion.

13.8 NO THIRD PARTY BENEFICIARY
You acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

13.9 SEVERABILITY; WAIVER
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. DotShoppingcart's failure to act with respect to a breach by You or others does not waive DotShoppingcart's right to act with respect to subsequent or similar breaches.

13.10 CONSTRUCTION
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this Agreement, the term "including" means "including without limitation," unless expressly stated to the contrary.

13.11 SURVIVAL
Sections 2.4 (Ownership), 4.1 (Fees) with respect to any outstanding fees owed for the Services, 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnity), 10 (Customer Data, Your Data, & Privacy Policy), 12.3 (Rights Upon Termination), and 14 (General) shall survive any termination or expiration of this Agreement.

13.12 DISCLOSURES
The services hereunder are offered by XShan Corp. DBA DotShoppingcart, located at 6048 189TH PL NE, Redmond WA 98052.