1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "User") and Xenom, Inc. ("Xenom," "we," "us," or "our") governing your access to and use of the xenom.global website (the "Site") and all related services, including event registration, ballot entries, and account features (collectively, the "Services"). By accessing or using the Site, creating an account, or entering any ballot, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site or Services.
2. Eligibility
To use our Services, you must: - Be at least 18 years of age, or the age of majority in your jurisdiction - Have the legal capacity to enter into a binding agreement - Not be prohibited from using the Services under applicable law By using our Services, you represent and warrant that you meet these eligibility requirements.
3. User Accounts
Account Registration To access certain features, you must create an account. You agree to: - Provide accurate, current, and complete information - Maintain and promptly update your account information - Keep your password secure and confidential - Notify us immediately of any unauthorized access Account Responsibility You are responsible for all activities that occur under your account. Xenom is not liable for any loss or damage arising from unauthorized use of your account. Account Termination We reserve the right to suspend or terminate your account at any time, with or without cause or notice, including for violation of these Terms.
4. Ballot Entry Terms and Conditions
General Ballot Terms Xenom may offer ballot entries for event participation. By entering a ballot, you agree to the following terms in addition to these general Terms. No Guarantee of Selection Ballot entry does not guarantee selection or event participation. Selection is at Xenom's sole discretion, and decisions are final and non-appealable. One Entry Per Person Unless otherwise stated, each individual may submit only one ballot entry per event. Multiple entries may result in disqualification. Accurate Information All information provided in your ballot entry must be accurate and complete. Providing false information may result in disqualification and account termination.
5. Free Ticket Giveaway Waiver and Release
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. BY ENTERING THE BALLOT FOR FREE EVENT TICKETS, YOU ARE WAIVING CERTAIN LEGAL RIGHTS. Promotional Giveaway Xenom is offering up to 250 complimentary event tickets ("Free Tickets") through a promotional ballot system for the inaugural Xenom event in Dallas, Texas in June 2026 (the "Promotional Giveaway"). Waiver and Release of Claims BY ENTERING THE BALLOT FOR FREE TICKETS, YOU VOLUNTARILY AND IRREVOCABLY: (a) Release and Discharge Xenom, Inc., its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, and representatives (collectively, "Released Parties") from any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, and expenses of any kind, whether known or unknown, arising out of or related to: - The Promotional Giveaway, including its administration, operation, or termination - Your selection or non-selection in the ballot - The Free Tickets, including their distribution, use, or value - Any changes to, postponement, or cancellation of the event - Your attendance or participation at the event (subject to separate event waivers) (b) Waive Any Right to bring any claim, lawsuit, or legal proceeding against the Released Parties relating to the Promotional Giveaway or Free Tickets. (c) Acknowledge and Agree that: - Free Tickets are provided "as is" with no warranties of any kind - Free Tickets have no cash value and are non-transferable unless expressly permitted - Xenom may modify, suspend, or cancel the Promotional Giveaway at any time without liability - Selection is not guaranteed and is at Xenom's sole discretion - Free Tickets may be subject to additional terms and conditions at the time of the event No Consideration Owed You acknowledge that the opportunity to receive Free Tickets is provided as a promotional courtesy. You are not entitled to any compensation, reimbursement, or damages if you are not selected, if the Promotional Giveaway is modified or cancelled, or if the event is changed or cancelled. Assumption of Risk If selected, you assume all risks associated with attending the event, including but not limited to physical injury, property damage, or other harm. Your attendance is subject to execution of any additional waivers required by Xenom or event venues.
6. Event Terms and Modifications
Right to Modify Events XENOM RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, CHANGE, POSTPONE, RESCHEDULE, OR CANCEL ANY EVENT, INCLUDING BUT NOT LIMITED TO: - Event dates, times, and schedules - Event locations and venues - Event format, structure, and programming - Race courses, distances, and routes - Participant categories and eligibility requirements - Ticket pricing, availability, and allocation - Any other aspect of event planning and execution This right applies to all events, including the inaugural Dallas event scheduled for June 2026 and any subsequent events. Xenom may exercise this right at any time prior to, during, or after an event without prior notice and without liability to you. No Liability for Changes Xenom shall not be liable for any costs, expenses, damages, or losses you incur as a result of event modifications, including but not limited to: - Travel and accommodation expenses - Training and preparation costs - Lost wages or income - Emotional distress or disappointment - Any other direct, indirect, incidental, or consequential damages Refund Policy Refund eligibility for paid tickets or registrations in the event of cancellation or material changes will be determined by Xenom in its sole discretion and communicated at the time of such changes. Free Tickets and promotional entries are not eligible for refunds or compensation of any kind. Force Majeure Xenom shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, civil unrest, terrorism, venue unavailability, or other force majeure events.
7. Intellectual Property
Xenom Property The Site and its contents, including but not limited to text, graphics, logos, images, videos, software, and the Xenom brand, are the property of Xenom or its licensors and are protected by copyright, trademark, and other intellectual property laws. Limited License We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes in accordance with these Terms. Restrictions You may not: - Copy, modify, or distribute any Site content without permission - Use Xenom trademarks without written authorization - Reverse engineer or attempt to extract source code - Use the Site for any unlawful or unauthorized purpose
8. User Conduct
You agree not to: - Violate any applicable laws or regulations - Impersonate any person or entity - Submit false, misleading, or fraudulent information - Interfere with or disrupt the Site or Services - Attempt to gain unauthorized access to any systems - Use automated tools to access the Site without permission - Harass, abuse, or harm other users - Use the Site for any commercial purpose without authorization
9. Third-Party Services
The Site may contain links to third-party websites or services. We are not responsible for the content, terms, or practices of third parties. Your interactions with third parties are solely between you and them.
10. Disclaimers
"As Is" Basis THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. No Guarantees XENOM DOES NOT WARRANT THAT: - The Site will be uninterrupted, secure, or error-free - Results obtained from the Site will be accurate or reliable - Any defects will be corrected - The Site is free of viruses or harmful components Event Participation PARTICIPATION IN XENOM EVENTS INVOLVES INHERENT RISKS, INCLUDING RISK OF PHYSICAL INJURY OR DEATH. YOU ACKNOWLEDGE AND ACCEPT THESE RISKS.
11. Limitation of Liability
Exclusion of Damages TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XENOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY: - Indirect, incidental, special, consequential, or punitive damages - Loss of profits, revenue, data, or goodwill - Personal injury or property damage - Any damages arising from your use of or inability to use the Site or Services Liability Cap TO THE EXTENT LIABILITY CANNOT BE EXCLUDED, XENOM'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO XENOM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). Basis of the Bargain YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT AND THAT XENOM WOULD NOT PROVIDE THE SITE OR SERVICES WITHOUT THEM.
12. Indemnification
You agree to indemnify, defend, and hold harmless Xenom and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: - Your use of the Site or Services - Your violation of these Terms - Your violation of any rights of another party - Your ballot entry or event participation - Any content you submit or transmit through the Site
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York, and you consent to personal jurisdiction in such courts.
14. Dispute Resolution
Informal Resolution Before initiating any formal legal action, you agree to contact us at support@xenom.global to attempt to resolve any dispute informally for at least thirty (30) days. Arbitration Agreement Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in New York, New York, unless otherwise agreed. Class Action Waiver YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration. Exceptions Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site with a new "Last Updated" date. Your continued use of the Site after changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.
16. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
17. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and Xenom regarding your use of the Site and Services, superseding any prior agreements.
18. Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Xenom.
19. Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Xenom may assign these Terms without restriction.
20. Contact Information
For questions about these Terms, please contact us: Xenom, Inc. 809 Broadway - 3rd floor New York, NY 10003 United States of America Email: support@xenom.global