Terms of service

These Terms and Conditions (the “Terms”) are between you (“User” or “you”) and MKT World LLC, its affiliates, contractors, licensors, service providers, platform operators, and their respective officers, directors, employees, and agents (“MKT World”, “we” “our” or “us”) and govern your use of MKT World’s websites, including www.MelaniaTrump.com and www.USAmemorabilia.com, along with the features, functionalities, and other services available through the websites (collectively, the “Websites”) and the sale of MKT World’s products, including both digital collectables (“Digital Collectables”) and physical products (“Physical Collectables”), together the “Products.” We refer to the Products and Websites together as the “Offerings.”

By visiting the Websites, you agree to read, comply with, and be legally bound by these Terms.

MKT World may, in their sole discretion, modify or revise these Terms at any time. Although MKT World may attempt to notify you when major changes are made to these Terms, from time to time you should review the most up-to-date version here at https://www.melaniatrump.com/policies/terms-of-service/. Provided, however, the Terms in effect at the time you place an order or make a purchase will govern that transaction.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. THUS, CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.

Access to and Use of the Offerings.

Eligibility. By purchasing Products from MKT World or visiting the Websites, you agree (i) that you are at least 18 years old and (ii) to read, comply with, and be legally bound by these Terms and any additional terms and conditions, agreements, or policies published by MKT World applicable to your use of the Offerings. If you do not wish to be bound by these Terms, do not purchase any Products or visit the Websites.

Limitations. The MKT World Offerings are only for your personal, non-commercial use, and not for the use or benefit of any third party. MKT World reserves the right to deny access to the Offerings to anyone at any time in its sole and absolute discretion. MKT World also reserves the right to terminate your access to the Websites and your ability to purchase Products at any time without notice for any reason whatsoever.

Compliance with Applicable Laws. By accessing or using the Offerings, you agree that: (1) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. If you access or use our Offerings outside the United States, you are solely responsible for ensuring that your access to and use of the Offerings in such country, territory, or jurisdiction does not violate any applicable laws. We reserve the right, but have no obligation to, block or otherwise restrict access to our Offerings, in whole or in part, from any geographic location.

Reservation of Rights. MKT World reserves all rights not expressly granted to User in these Terms.

The Websites

Authorization. Subject to your compliance with these Terms, MKT World hereby grants you a non- exclusive, non-transferable, revokable right to access and use the Websites for your own personal, non- commercial purposes. You may not frame, mirror, deep link, scrape, or otherwise copy or reproduce the Websites or any portion thereof, including any content or materials, without express written permission from MKT World.

Accounts. You may be able to create an account on the Websites. Each account is personal in nature and may only be used by the User assigned to the account. If you create an account, you may not allow any third party to access or use it. You are responsible for maintaining the confidentiality and security of your account including, without limitation, keeping the account password confidential. MKT World is not liable to you or any third party for any unauthorized use of your account, including, without limitation, any damage that results from any unauthorized use of your account.

Account Cancelation. You may cancel your account at any time by e-mailing MKT World at: support@melaniatrump.com. We reserve the right to cancel the account of any user for any reason, including inactivity.

Links to Third Party Websites. The Websites may include links to other websites or services solely as a convenience. MKT World is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any such linked sites or other information, material, products or services contained on other linked sites or accessible through other linked sites. Your use of linked sites is solely at your own risk.

Third Party Services. The Websites may include integrations with web or other third party services that are accessed through the Websites and subject to terms and conditions with those third parties. These third party services are not part of the Offerings and these Terms do not apply to them. MKT World is not responsible for the content of third party services.

User Content

User Content. As part of the Offerings, Users may be able to upload, import into, or create text, information, communication, or material, such as audio files, video files, or images (collectively, “User Content”). Although MKT World reserves the right to edit or remove content that violates these Terms, you acknowledge and accept responsibility and liability for your User Content.

Sharing User Content. Depending on how you use the Offerings, you may be able to share your User Content and other information related to your use of the Offerings. Please carefully consider what you choose to share or make public.

Non-Endorsement. MKT World does not endorse any User Content and is not responsible or liable for any User Content that appears on the Websites.

Acceptable Use

Interacting with Other Users. In using the Offerings, you may be able to interact with other users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectful, and consistent with these Terms. We are not responsible for the conduct of any other Users, regardless of whether or not the contact is made through the Websites.

Restrictions. You agree not to engage in any activity on the Websites or in purchasing Products:

impersonates any person or entity, misrepresents your connection or affiliation with a person or entity, or otherwise communicates false or misleading information or content;
defames, threatens, abuses, or otherwise violates the legal rights of others;
is harmful to children, profane, obscene, indecent, or racially or ethnically offensive;
infringes another’s rights to intellectual property, publicity, privacy, or contract;
collects or stores personal information about other users of the Offerings;
contains, transmits, or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Offerings, or any software, hardware, or other related equipment;
attempts to defeat or circumvent security features, or attempts to access or utilize the Offerings for any purpose other than its intended purposes;
disrupts, imposes an unreasonable or disproportionately large strain on, or otherwise interferes with the Offerings or the networks or servers used by MKT World;
engages in any activity that contains unsolicited or unauthorized advertisements, promotions, commercial solicitations, contests, or surveys;
uses any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Offerings;
violates any applicable federal, state, or local laws or regulations;
constitutes, discusses, incites, or promotes illegal activity; or
otherwise violates these Terms.

Additional Restrictions. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Offerings or any portion thereof. You may not create any “derivative works” by altering any aspect of the Offerings. You may not use Offerings in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any aspect of the Offerings for any commercial purposes not expressly permitted by MKT World (including the bundled sale of any Offerings). You further agree to indemnify and hold MKT World harmless for your failure to comply with this section.

Other. As relevant to the Offerings, you warrant and represent that you have not and will offer or promise to pay, or authorize the payment of, or provide anything of value for the purpose of (i) influencing any act or decision of that person in his or her official capacity, including a decision to fail to perform his official functions with such government, instrumentalities, or private entity, (ii) inducing such person to use his influence with such government, instrumentalities, or private entity to affect or influence any act or decision thereof or (iii) securing any improper advantage.

Ownership

Ownership of the Websites. MKT World owns or licenses all rights, title and interest, including all Intellectual Property Rights, in and to the Websites, including without limitation, all software and code that comprise and operate the Websites and all the text, photographs, illustrations, images, graphics, audio, video, URLs and other materials provided by MKT World through the Websites.

User Content Ownership. Between you and MKT World, MKT World owns all User Content and by posting content to the Websites, you hereby assign to MKT World all right, title, and interest, including all Intellectual Property Rights, in and to your User Content. As owner of the posted User Content, MKT World has the full right to use, perform, display, reproduce, distribute, modify, make derivative works of, and otherwise exploit the User Content.

Intellectual Property Rights Defined. For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, all patents, trademarks, service marks, trade name rights, logos, drawings, inventions, copyrights, mask works, samples, processes, moral rights, rights of publicity, rights of ownership, designs, design rights, trade secrets, specifications, instruction manuals, technology, materials, know how, information, data, goodwill, improvements and writings, and any applications, registrations or common law rights in any of the foregoing, as applicable.

Feedback. If you provide MKT World any suggestions, recommended changes, comments, questions, suggestions, or the like regarding the Offerings, MKT World’s Intellectual Property Rights, or other services MKT World provides (“Feedback”), you hereby assign to MKT World all Intellectual Property Rights in the Feedback. MKT World is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever, although MKT World is not required to use any Feedback.

Digital Collectables

General. In addition to Physical Collectables, you may be able to purchase Digital Collectables through the Websites. MKT World does not store, send, or receive Digital Collectables. Each Digital Collectable is recorded on an applicable blockchain network (the “Network”).

Ownership. When you buy a Digital Collectable, you have rights to the Digital Collectable as it resides on the blockchain. You have the right to sell or give away the Digital Collectable. You agree that the sale of Digital Collectables grants you no rights and carries with it no guarantee of future performance of any kind by MKT World. You are not entitled, as a holder of any Digital Collectables, to vote or receive dividends or profits or be deemed the holder of shares of MKT World or any other person by virtue of your ownership of a Digital Collectable, nor will anything contained herein be construed to grant you any of the rights of a shareholder, partner, joint venturer, etc. or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action or to receive notice of meetings, or to receive subscription rights to purchase such shares of MKT World or any related entity.

Wallet, Cryptocurrency and Technology Requirements. You are responsible for (a) all devices or equipment necessary to access certain Offerings; (b) functioning MetaMask, Coinbase or Phantom or similar cryptocurrency wallet (“Wallet”) capable of accessing the Digital Collectables; and (c) any cryptocurrencies necessary used to purchase the Digital Collectables including, where applicable, Solana. MKT World does not guarantee that the Offerings can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; or (iv) in all geographical areas. Standard messaging, data and wireless access fees may apply to use of the Offerings through a wireless device. Users are fully responsible for all such charges.

Linking Your Wallet. To purchase the Digital Collectables, you must use a third-party Wallet, which allows you to engage in transactions on blockchains and enables you to purchase, store, and engage in transactions using your credit card or cryptocurrencies. By using your Wallet in connection with the Offerings, you agree that you are using that Wallet under the terms and conditions of the applicable provider of the wallet. MKT World does not have custody or control over the contents of your Wallet and has no ability to retrieve or transfer its contents. MKT World accepts no responsibility for, or liability to you, in connection with your use of a Wallet and makes no representations or warranties regarding how the Offerings will operate with any specific Wallet. When you link your Wallet, you understand and agree that you are solely responsible for maintaining the security of your Wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, Digital Collectables or cryptocurrencies that are stored in or are accessible through your Wallet.

Not Investments or Investment Advice. Digital Collectables are intended as collectible items for individual enjoyment only, not as investment vehicles. Please be aware that the prices of Digital Collectables are extremely volatile, and price fluctuations in cryptocurrencies could impact the price of your Digital Collectables both positively and negatively. MKT World makes no promise or guarantee that the Digital Collectables will increase in value or maintain the same value as the amount you paid to purchase it. You understand and agree that the Digital Collectables have no inherent monetary value, and they should be treated as nothing more than a collectible. No information or User Content made available by and through the Offerings is or should be considered investment advice. Further, no element of the Offerings qualifies or is intended to be an offering of securities in any jurisdiction, nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. It remains your sole and exclusive responsibility to assure that the purchase and sale of Digital Collectables, and the use of cryptocurrencies, complies with laws and regulations in your jurisdiction and all applicable jurisdictions.

Limitations. We reserve the right to limit the sale of Digital Collectables to any person, geographic region or jurisdiction on a case-by-case basis. All descriptions of such items are subject to change at any time, without notice, in our sole discretion. We reserve the right to discontinue any Products. Any offer for any items made on the Websites is void where prohibited by law.

We shall have no liability for any Digital Collectables that are lost, misplaced, or inaccessible after the Digital Collectable has been delivered to the purchaser.

Purchasing Digital Collectables

Fees. When you purchase a Digital Collectable, your Wallet will be immediately charged the applicable purchase fee (the “Digital Collectable Fees”). The Digital Collectable Fees are exclusive of any and all applicable taxes (including sales tax) and transactional fees required to create, send, and document the Digital Collectable transaction on the blockchain.

Billing. All Fees are payable in cryptocurrency or U.S. dollar. By making a purchase by and through the Websites, you: (i) represent that you are authorized to use the Wallet that you utilized in connection therewith and that any payment information that you provide is true and accurate; and (ii) authorize us to charge the Fees to your Wallet. You must promptly notify MKT World of any changes to your Wallet. Any attempt to defraud through the use of any Wallet, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your access to the Offerings (including any Digital Collectables) and pursuit of arbitration, civil litigation and/or criminal prosecution. Digital Collectable quantities are limited. In the event that MKT World is unable to fulfill your Digital Collectables order due to supply limitations, you will be refunded all amounts charged to your account, which shall be your sole and exclusive remedy.

Risks Related to Digital Collectables

Assumption of Risk. You agree:

You assume all risks associated with using an Internet-based blockchain including, but not limited to, the risk to hardware, software and Internet connections; the risk of malicious software introduction; and the risk that third parties may obtain unauthorized access to information stored on the blockchain and/or within your Wallet.
Without limiting the foregoing, you assume all responsibility for any adverse effects of disruptions, devaluation, restrictions, or other issues impacting cryptocurrency platforms.
The value of a Digital Collectable is subjective. Each Digital Collectable has no inherent or intrinsic value.
The value of Digital Collectables may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for Digital Collectables, which may result in the potential for permanent and total loss of value of a particular Digital Collectable should the market for that Digital Collectable disappear.
The regulatory regime governing blockchain technologies, NFTs, Digital Collectables, cryptocurrency, and other crypto-assets is uncertain, and new regulations or policies may materially adversely affect the development of the Offerings and the potential utility or value of Digital Collectables.
Digital Collectables are not legal tender and are not backed by any government.
MKT World does not control the public blockchains that you are interacting with, and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and we have no ability to reverse any transactions on the blockchain.

Purchase of Physical Collectables

Shipments; Delivery; Title and Risk of Loss. MKT World will arrange for shipment of the products to you using a shipper of our choice. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon our transfer of the products to the carrier/ delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. MKT World is not liable for any delays in shipments.

Goods Not for Resale or Export. You represent and warrant that you are buying Physical Collectables from the Websites for your own personal or household use only, and not for resale or export.

Prices. The prices displayed on the Websites are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, MKT World has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase or you have already paid for the products and your order is canceled, MKT World will issue a full refund to your credit card account or will otherwise refund any money you have paid for such cancelled products.

Changes. All prices, discounts, and promotions posted on this Websites are subject to change without notice. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase.

Returns and Refunds. All sales are final, except in the case of a verified manufacturer defect. MKT World may, in its sole and absolute discretion, evaluate and approve exceptions on a case-by-case basis, but is under no obligation to do so.

Intellectual Property. You acknowledge that all designs, branding, trademarks, logos, and any intellectual property appearing on or associated with the Physical Collectables remain the exclusive property of MKT World or its licensors. Purchase of a Physical Collectable does not grant any license or rights to reproduce, distribute, or commercially exploit the item or its likeness.

No Guarantee. MKT World does not guarantee availability of any particular item. Product descriptions, dimensions, or images are for informational purposes only and may vary slightly from the delivered product.

Other Purchase Terms

Offer and Acceptance. You agree that your order is an offer to buy, under these Terms, all Products listed in your order. MKT World must accept each order. If MKT World does not accept the order, MKT World will not be obligated to sell the Product(s) to you. MKT World may choose not to accept any orders in their sole discretion.

Prices. All prices posted on the Websites are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.

Payment Cards. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. MKT has no responsibility or liability if your credit or debit card is declined by your financial institution.

Errors and Mistakes. MKT World does not warrant that the Product descriptions are accurate, complete, reliable, or error free. If Products are depicted on the Websites, we will make every effort to display them as accurately as possible. However, there may be differences between the actual items and the depiction of same. For example, the actual colors you see may depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Websites.

Refunds. UNLESS OTHERWISE INDICATED ON THE WEBSITE OR IN THESE TERMS, ALL PURCHASES ARE FINAL AND NON-REFUNDABLE.

Copyright Policy

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@melaniatrump.com

Disclaimers

No Guarantees. DIGITAL COLLECTABLES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE OF DIGITAL COLLECTABLES OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK, WHICH MKT WORLD DOES NOT CONTROL. MKT DOES NOT GUARANTEE THAT THEY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL COLLECTABLE.

Warranties. THE OFFERINGS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. MKT WORLD DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE.

IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MKT WORLD MAKES NO WARRANTY THAT THE OFFERINGS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE

INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC INVESTMENT INCOME, REVENUE OR OTHER FINANCIAL OUTCOME; OR (F) WILL BE ACCURATE OR RELIABLE. THE OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless MKT World and its parents, affiliates, subsidiaries, attorneys, members, vendors, service providers, and their respective officers, directors, employees, and agents (“Representatives”) from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys’ fees, arising from (i) your violation of these Terms; (ii) your infringement of any Intellectual Property Rights or other right of any person or entity; (iii) any claim that we owe any taxes, fees, penalties or fines in connection with your use of the Offerings; (iv) any dispute between you and any other users and/or other third parties; (v) your sublicense or attempt to sublicense any of the Digital Collectable’s or any other Offerings; or (vi) your violation of any applicable law or regulation (all of the foregoing together, “Claims and Losses”). You agree that MKT World may have their own counsel present at, and participate in, all proceedings or negotiations relating to such Claims and Losses at MKT World’s expense. Notwithstanding the foregoing, MKT World retains the exclusive right to settle, compromise and pay any and all Claims and Losses, and reserve the right to assume the defense and control of any Claims and Losses.

Limitation of Liability

General. IN NO EVENT SHALL MKT WORLD, ITS AFFILIATES, SERVICE PROVIDERS, PLATFORM OPERATORS OR THEIR REPRESENTATIVES BE LIABLE TO YOU UNDER OR IN CONNECTION WITH THESE TERMS FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF PREVIOUSLY APPRISED OF THE POSSIBILITY THEREOF), WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTORY OR ANY OTHER LEGAL THEORY OR FOR ANY ERROR OR INTERRUPTION OF USE; INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS; LOSS OF GOODWILL OR REPUTATION; OR COST OF REPLACEMENT GOODS. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MKT WORLD OR ITS REPRESENTATIVES BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR LIABILITY ARISING OUT OF ANY MISTAKES OR OTHER ERRORS MADE BY YOU AS A RESULT OF YOUR USE OF THE OFFERINGS.

Minimum Liability. THE AMOUNT OF MKT WORLD’S LIABILITY TO YOU UNDER ANY AND ALL CLAIMS FOR LOSS OR LIABILITY BASED UPON, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THESE TERMS SHALL IN NO CASE EXCEED THE TOTAL OF THE AMOUNTS PAID TO MKT WORLD FOR THE PRODUCTS SOLD HEREUNDER IN THE LAST YEAR. IF USER HAS NOT PURCHASED ANY PRODUCTS, THE AMOUNT OF MKT WORLD’S LIABILITY SHALL NOT EXCEED $100.

CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Notwithstanding, to the fullest extent permitted by law, MKT World and its affiliates and service providers shall not be liable for any bodily injury, property damage, or other harm arising out of or related to the possession, handling, or use of any Physical Collectables, including but not limited to claims that a product contains sharp edges, presents a choking hazard, or constitutes a dangerous or defective condition. By purchasing or using any Physical Collectable, you expressly assume all risks associated with its possession or use and waive any and all claims alleging that the Physical Collectables are unsafe, hazardous, or otherwise unfit for personal use.

Notice to California Residents

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Dispute Resolution

THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.

Initial Resolution Efforts. The parties shall act in good faith and use commercially reasonable efforts to promptly resolve any claim, dispute, controversy or disagreement (each a “Dispute”) between the parties or any of their respective subsidiaries, affiliates, successors and assigns under or related to these Terms.

Agreement to Arbitrate. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Palm Beach, Florida before one arbitrator. The arbitration shall be administered by the Judicial Mediation, Arbitration and ADR Services, or its successor entity, (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. For claims of Ten Thousand Dollars ($10,000.00) or less, the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.

Discovery. You and MKT World acknowledge and agree that, in any arbitration proceeding, no depositions will be taken and all other forms of discovery of facts will be limited to those things that the arbitrator determines, in its sole discretion, to be necessary.

Additional Relief. The duty to arbitrate does not preclude either party from pursuing interlocutory or provisional relief pending arbitration in any court of competent jurisdiction if such relief is necessary in order to preserve the practical ability of the arbitrator to make an effective award or to avoid a genuine and substantial risk of injury that cannot be adequately remedied by an eventual arbitral award. Neither the pursuit of nor the failure to provide any such interlocutory or provisional remedy in court, however, shall relieve either party of the duty to pursue ultimate resolution of the dispute through arbitration as provided for herein.

Final Award. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction.

Costs. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses.

FAA. The arbitration shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and any award or judgment, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

California User Consumer Rights

In accordance with Cal. Civ. Code Sec. 1789.3, California State resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

Miscellaneous

Governing Law. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of conflict or choice of law rules.

Jurisdiction. If the above dispute resolution terms do not apply, any proceeding arising out of or related to these Terms shall be instituted exclusively in the United States District Court for the Southern District of Florida or the courts of the State of Florida covering Palm Beach, Florida, as appropriate. You agree to submit to the jurisdiction of each of these courts for the purpose of litigating claims or disputes.

Limitation of Claims. No action arising under or in connection with these Terms, regardless of the form, may be brought by you more than two (2) year after you become aware of or should reasonably have become aware of the occurrence of events giving rise to the claim.

No Fiduciary Duty. Nothing contained in these Terms creates a fiduciary relationship between the parties. You agree and acknowledge that MKT World does not owe any fiduciary duties to you.

Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Electronic Signatures. The communications between you and MKT World use electronic means, whether you access or use our Websites or send us emails, or whether we post notices on our Websites or communicate with you via email. For contractual purposes, you: (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.

Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from MKT World electronically. MKT World may communicate by email or by posting to the MKT World Platform.

Survival. The provisions of these Terms which by their nature are intended to survive the termination or cancellation of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation. Without limiting the foregoing, the provisions of the regarding indemnity and limitations of liability, shall survive the termination or cancellation of these Terms.

Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, any warranty disclaimers and limitations of liability set forth above, 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 these Terms shall continue in effect.

Force Majeure. Except with regard to payments due to MKT World, neither party will be liable for any delays or failures in performance due to circumstances beyond its reasonable control. In the event any such delay continues for a period of sixty (60) or more days, then either party may terminate these Terms upon ten (10) business days’ prior written notice, provided Customer shall remain responsible for payments due to MKT World prior to termination.

Headings. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.

Entire Agreement. These Terms comprise the entire agreement between you and MKT World regarding the subject matter contained herein.

Contact Us

If you have any questions about the Terms or the practices of usamemorabilia.com, please feel free to e- mail us at: support@melaniatrump.com.

Last Updated: April 22, 2025

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