10.1 Applicable Law
These Terms of Service, your use of the Sitemap.xml platform, and any disputes or claims arising out of or relating to the same shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction.
10.2 Exclusive Venue & Jurisdiction
Any legal suit, action, or proceeding arising out of or related to these Terms or your use of our services shall be instituted exclusively in the federal or state courts located in Newark, Delaware. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue or forum non conveniens.
10.3 Equitable Relief
You acknowledge and agree that Sitemap.xml may be entitled to equitable relief, such as injunction or specific performance, as well as provisional and permanent relief, in the event of a breach of these Terms. Nothing in this Section 10 shall limit Sitemap.xml’s right to seek equitable relief or enforcement in any court of competent jurisdiction.
10.4 International Consumers
If you are a consumer resident of the European Economic Area or the United Kingdom, you may also rely on your local mandatory consumer protection laws, insofar as they provide greater protection than the laws of Delaware. For users in other jurisdictions, local consumer protection laws may apply where they are mandatory and cannot be excluded by contractual agreement.
10.5 Dispute Resolution & Arbitration
At Sitemap.xml’s sole discretion, disputes may be subject to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Arbitration will take place in Newark, Delaware, unless otherwise mutually agreed. This clause does not apply to disputes involving intellectual property infringement, trade secrets, or claims for injunctive relief, which may be brought in any court of competent jurisdiction.
10.6 Severability
If any provision of this Section 10 is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of this Section shall remain in full force and effect.