Terms and Conditions
The Terms and Conditions were last modified on December 5, 2021.
Welcome to Chanbloq Labs Inc.
By accessing any areas of http(s)://www.dexalot.com, http(s)://dexalot.com, http(s)://app.dexalot.com or more generally any subdomains of the root domain dexalot.com (the "Website"), purchasing any products (the “Products”) from Chainbloq Labs Inc. or using any of Chainbloq Labs Inc.’s services (the “Services”, together with the Website, the “Platform”), you agree to be legally bound and to abide by the terms and conditions set forth below (these “Terms”) including any subsequent modifications to them. Certain features of the Website may be subject to additional terms, which will be posted on the Website in connection with such features and are incorporated by reference into these Terms.
THESE TERMS GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARENOT AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE THE SITE.THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 14) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. THESE TERMS ALSO INCLUDE A LIMITATION OF LIABILITY (SECTION 3) FOR ALL CLAIMS FOR DAMAGES AGAINST CHAINBLOQ LABS INC. THAT MAY ARISE FROM YOUR USE OF THE PLATFORM.
The Platform is owned and operated by Chainbloq Labs Inc., a Delaware (USA) corporation. Any
references herein to Chainbloq Labs Inc., http(s)://www.dexalot.com, http(s)://dexalot.com,
http(s)://app.dexalot.com or more generally any subdomains of the root domain dexalot.com,
“Company,” “we,” “our,” or “us” shall be deemed to refer to the Platform and/or Chainbloq Labs Inc.,
as applicable under the circumstances.
Note to social media users. When accessing, using or purchasing Products or Services from the Website, or social media pages, and when posting information to or otherwise communicating via that page or your own social media page, you activities online are subject to the Terms, any user’s agreement or other terms imposed by that social media website, which may contain terms and conditions different from these Terms and Conditions. All references in these Terms to “Chainbloq Labs Inc.”, “http(s)://www.dexalot.com”, “http(s)://dexalot.com”, “http(s)://app.dexalot.com” or “more generally any subdomains of the root domain dexalot.com” and/or “the Website” shall be deemed to include both the Website and all social media pages maintained from time to time by Chainbloq Labs Inc. or its affiliates.
1. Our Products and Services
Products and Services. The Company offers trading services on Dexalot, a decentralized exchange on the Avalanche blockchain, information and educational material on its trading services, and trading subjects in general. Payment. The payment for our services is through a service agreement with Dexalot Foundation Limited, a Cayman Islands foundation entity (the “Foundation”), for the maintenance of the exchange and associated services, including but not limited to legal, marketing, HR, development and management. There is no direct payment from the users to the Company. The users pay for their transactions through a service fee, if any, as deemed appropriate by the Foundation. Account. We do not ask our users to create an account on our Website. Acceptance of Transactions. Your transaction on our Website does not necessarily assure that the blockchain network will accept it. We are bound with the acceptance of your transaction by the underlying blockchain network. The underlying blockchain network may reject a transaction due to gas limit, gas price or any other unknown network issues. There are no reimbursements or liability for any rejected transaction. Payment Terms.; There are no other payments collected by the Company. Chargeback Policy.; We do not charge any fee directly to your account or wallet address. We do not know any of the private details of your account or wallet address. Shipping Terms and Policies. There are no products to be shipped. Back Orders. There are no back orders. Returns, Exchanges and Refund Policy. There are no refundable products or services.
2. Intellectual Property
In General. You acknowledge that the Company owns all right, title and interest in and to the Platform, including without limitation all intellectual property rights, and such rights are protected by the U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from any portion of the Platform. Such rights derive from any of the Company’s copyrights, trademarks, patents, trade dress, and other such intellectual property rights that Company may have with regard to the Platform.
In General. You acknowledge that the Company owns all right, title and interest in and to the
Platform, including without limitation all intellectual property rights, and such rights are
protected by the U.S. and international intellectual property laws. You agree that you will not
copy, reproduce, alter, modify, or create derivative works from any portion of the Platform. Such
rights derive from any of the Company’s copyrights, trademarks, patents, trade dress, and other such
intellectual property rights that Company may have with regard to the Platform.
Trademarks. You acknowledge that these Terms do not convey or grant you any rights to use or reference in any manner the Company’s name(s), logos, trademarks, product names, and/or service names. All trademarks that are not the property of the Company, which may appear on the Platform, are the property of their respective owners. The use of any such trademarks by the Company is not meant to constitute affiliation, endorsement, or approval by such company with or for the Company or the Platform as a whole.
Copyright and Limited License. Unless otherwise indicated, this Platform and all content and other materials therein, including, without limitation, the Company logo and all designs, the Company’s trademarks and service marks, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (together, the “Site Materials”) are the proprietary property of the Company or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Platform and Site Materials for personal, informational purposes. Such license is subject to the Terms and does not include: (i) any resale or commercial use of this Platform or Site Materials; (ii) the collection and use of any Product or Service listings, pictures or descriptions; (iii) the distribution, public performance or public display of any Site Materials; (iv) modifying or otherwise making any derivative uses of this Platform and the Site Materials, or any portion thereof; (v) use of any data mining, robots or similar data gathering or extraction methods; (vi) downloading (other than the page caching) of any portion of this Platform, the Site Materials or any information contained therein, except as expressly permitted on this Platform; or (vii) any use of this Platform or the Site Materials other than for its intended purpose. Any use of this Platform or Site Materials other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
3. Disclaimers and Limitations of Liability
No Warranties. You expressly agree that use of the Products and Services is at your sole risk. None of the Company, its affiliates, any of their respective members, managers, owners, officers, directors, employees, agents, third-party content providers, merchants, licensees, licensors, assigns, subsidiaries, suppliers, partners, advertisers, sponsors or affiliates, including all parties involved in creating, producing and/or delivering this Platform, Products and Services, contents available on this Platform or payments made through the Platform (together, “Providers”), warrant that this Platform will be uninterrupted or error free, nor do they make any warranty as to any of the Products or Services, or as to the accuracy, reliability or currency of any content or service provided through this Website. Disclaimer of Warranties. Products and Services Are Provided “As Is”. YOUR ACCESS TO AND USE OF THE PLATFORM ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PLATFORM (INCLUDING THE ABILITY TO ENTER AND CANCEL TRADE TRANSACTIONS AS WELL AS PURCHASE PRODUCTS AND SERVICES) IS STRICTLY PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY AND ITS PROVIDERS. THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS PLATFORM. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH THE COMPANY WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS AND SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COMPANY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED OR (F) THE COMPANY OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability and Indemnification. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE NETWORK FEE PAID FOR THE TRANSACTION IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY OR ITS PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING FROM OR IN ANY WAY CONNECTED WITH THE COMPANY, INCLUDING, BUT NOT LIMITED TO, THE USE, MISUSE OR INABILITY TO USE THIS WEBSITE OR FOR ANY CONTENT, MATERIALS, PRODUCTS, SERVICES OR OTHER INFORMATION OBTAINED FROM OR THROUGH THE COMPANY, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE COMPANY OR ITS PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE COMPANY AND ITS PROVIDERS HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, THAT MAY ARISE FROM (A) YOUR USE, MISUSE OR INABILITY TO USE THIS PLATFORM OR FOR ANY CONTENT, MATERIALS, PRODUCTS OR SERVICES OR OTHER INFORMATION OBTAINED FROM OR THROUGH COMPANY, (B) YOUR VIOLATION OF THESE TERMS AND (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR CONSENT OF THE COMPANY. THE COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
INTERNET DELAYS. USE OF THIS PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY AND ITS PROVIDERS ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. Force Majeure. In addition to any excuse provided by applicable law, the Company and its Providers shall be excused from liability for non-delivery or delay in delivery of Products and Services available through this Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. Informational Disclaimer. The content on the pages of the Platform may contain information (e.g. blog posts in such platforms as Medium, Twitter or any other social media outlets) related to different industries. The content is for general information only and may be updated at any point without any notice. None of the facts or opinions on the Platform are given with the intent to substitute advice from professionals, where applicable.
International Use. Although this Platform may be accessible worldwide, those who access this Platform from outside of the United States do so on their own initiative and at their own risk. You are responsible for compliance with local laws in your jurisdiction, including the taxation of Products or Services purchased over the Internet. Any offer for any Products, Services or information made in connection with this Website is void where prohibited. International Sanctions. This platform is geoblocked for countries sanctioned by the US Department of Treasury’s Office of Foreign Assets Control (OFAC). The sanctioned countries list is updated regularly as changes are communicated by OFAC. Bypassing this measure is against our Terms and Conditions. Full cooperation with the enforcement agencies will be provided to abide by all the applicable laws and regulations. Specially Designated Nationals. This platform does not allow connection from any wallet addresses on OFAC’s Specially Designated Nationals (SDN) list. The SDN list is updated regularly as changes are communicated by OFAC. Bypassing this measure is against our Terms and Conditions. Full cooperation with the enforcement agencies will be provided to abide by all the applicable laws and regulations. Transaction Processor. The Company relies on the underlying blockchain network for all of its transaction processing.
4. Third Party Content
Third Party Site Materials. The Company or users may provide third-party content on this Platform and links to web pages and content of third parties (together, “Third-Party Site Materials”) as a service to those interested in this information. The Company does not control, endorse or adopt any Third-Party Site Materials and makes no warranty that such sites are free from any claims of copyright or other infringement, devoid of viruses, accurate or complete. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third-Party Site Materials and undertakes no responsibility to update or review such Third-Party Site Materials. You agree to use such Third-Party Site Materials contained therein at your own risk.
5. Your Use of the Platform
Third Party Site Materials. The Company or users may provide third-party content on this Platform and links to web pages and content of third parties (together, “Third-Party Site Your Conduct. The Platform is made available to you for personal, non-commercial use. Such use must be in compliance with all applicable laws, rules and regulations of the applicable jurisdiction and must not infringe or violate third-party rights. Any unauthorized use of the Platform is a violation of these Terms and potentially federal and state laws. Such violations may subject the unauthorized user and its agents to civil and criminal penalties. Examples of unauthorized activities on the Platform include:
5. Your Use of the Platform
Your Use of The Platform. The Products, Services and Platform are provided only for your own personal use. You are responsible for all of your activity in connection with such services. You shall not (and shall not permit any third party to) (a) take any action or (b) upload, download, post, submit, otherwise distribute or facilitate distribution of any content on or through the Platform that: (i) infringes any patent, trademark, trade secret, right in confidential information, copyright, right of publicity or other right of any other person or entity; (ii) violates any law or contractual duty or that you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane or otherwise inappropriate as determined solely by Company; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) involves commercial activities or sales without the Company’s prior written consent; (vi) contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damages, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the Company or any third party; or (vii) impersonates any person or entity, including any employee or representative of the Company. Additionally, you shall not: (a) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Platform, Products, Services or any activities conducted on the Platform; (c) bypass any measures the Company may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Platform); or (d) run any form of auto-responder or “spam” on the Platform. You also agree that you will only use the Platform in accordance with these Terms and all applicable laws.
You Agree Not to Reverse Engineer. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with any aspect of the Platform for any reason or attempt or assist another person to do so. Federal, State, International Regulation Compliance. The Company may be deemed a provider of “interactive computer services” as defined by the Communications Decency Act. 47 U.S.C. Section 230. Pursuant to this law, the Company is not responsible for User Content (e.g. guest blog posts or comments on blogs) and the Company’s liability for causes of action arising from User Content is limited. You additionally agree to abide by all tax regulations, covenants, licenses and restrictions applicable to your jurisdiction.
6. Hyperlinks to the Company's Platform
You are granted a limited, non-exclusive right to create text hyperlinks to this Platform for noncommercial purposes, provided such links do not portray the Company in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any obscene, pornographic or illegal material or any material that is offensive or otherwise objectionable. This limited right may be revoked at any time. You may not use the Company’s logo or other proprietary graphics to link to this Platform without our express written permission. You may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any portion of this Website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Company or any third party.
In the course of providing Products, Services and information via this Website, the Company may deliver to you content, materials and other information that is confidential, proprietary to the Company or which constitutes a “trade secret” of the Company (“Confidential Information”). You agree that you will hold all Confidential Information in trust for the Company, that you will not publish, disseminate or otherwise disclose Confidential Information to any person, firm or entity, and that you will not use Confidential Information to compete with the Company or in any other way detrimental to the Company. “Confidential Information” includes all information relating to the Company’s Products and Services, information delivered to you in the course of selling Products or rendering Services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of these Terms. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to the Company and will cooperate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination of these Terms for a period of five (5) years.
8. Privacy and Communication
Notwithstanding any of these Terms, the Company reserves the right, without notice and in its sole discretion, to terminate these Terms or your license to use this Website, or to block or prevent your future access to, and use of, this Platform. All terms of this agreement which by their nature extend beyond their termination shall remain in effect until fulfilled and apply to respective successors and assigns.
By utilizing the Platform in any way, you represent and warrant that you understand the inherent risks associated with cryptographic systems and blockchain-based networks and digital assets, including the usage and intricacies of native digital assets, like AVAX; smart contract-based tokens, such as those that follow the Ethereum Token Standard; and systems that interact with blockchain-based networks. The Company does not own or control any of the underlying software through which blockchain networks are formed. In general, the software underlying blockchain networks, including the Avalanche blockchain, is open-source, such that anyone can use, copy, modify and distribute it. By using the Platform, you acknowledge and agree that (a) the Company is not responsible for the operation of the software and networks underlying the Platform, (b) there exists no guarantee of the functionality, security or availability of that software and networks and (c) the underlying networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the Platform.
Blockchain networks use public/private key cryptography. You alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to digital assets on the Avalanche blockchain or other blockchain-based network. Neither the Company nor any other person or entity will be able to retrieve or protect your digital assets. If your private key(s) are lost, then you will not be able to transfer your digital assets to any other blockchain address or wallet. If this occurs, then you will not be able to realize any value or utility from the digital assets that you may hold. The Platform and your digital assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of the Company to continue to make available its proprietary software and, thus, could impede or limit your ability to access or use the Platform. You acknowledge and understand that cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to digital assets and the Platform, and could result in the theft or loss of your digital assets. To the extent possible, we intend to update the Company-developed smart contracts related to the Platform to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements, but that intention does not guarantee or otherwise ensure full security of the Platform.
You understand that the Avalanche blockchain remains under development, which creates technological and security risks when using the Platform in addition to uncertainty relating to digital assets and transactions therein. You acknowledge that the cost of transacting on the Avalanche blockchain is variable and may increase at any time causing impact to any activities taking place on the Avalanche blockchain, which may result in price fluctuations or increased costs when using the Platform. You acknowledge that the Platform is subject to flaws and that you are solely responsible for evaluating any code provided by the Platform. This warning and others that the Company provides in these Terms in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Platform. Although we intend to provide accurate and timely information on the Platform and during your use of the Platform, the Platform and other information available when using the Platform may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Platform are your sole responsibility. No representation is made as to the accuracy, completeness or appropriateness for any particular purpose of any pricing information distributed or otherwise when using the Platform. Prices and pricing information may be higher or lower than prices available on platforms providing similar services.
Any use or interaction with the Platform requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of digital asset on or otherwise during the use of the Platform does not indicate our approval or disapproval of the technology on which the Digital Asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of Digital Asset. Use of the Platform, in particular for trading digital assets, borrowing or supplying digital assets and entering into Margin Positions or Perpetual Contracts, may carry financial risk. Digital assets are, by their nature, highly experimental, risky and volatile. Transactions entered into in connection with the Platform are irreversible and final and there are no refunds. You acknowledge and agree that you will access and use the Platform at your own risk. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. By using the Platform, you represent and warrant that you have been, are and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to evaluate the merits and risks of any transaction conducted in connection with the Platform or any digital asset. You accept all consequences of using the Platform, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Platform for performing digital asset transactions.
We must comply with applicable law, which may require us to, upon request by government agencies, take certain actions or provide information, which may not be in your best interests. You hereby assume, and agree that the Company will have no responsibility or liability for, the risks set forth in this Section 10. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against the Company, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives, suppliers and contractors related to any of the risks set forth in this Section 10.
11. Usage by Children and Minors
12. Applicable Law
These Terms and this Website are created and controlled by the Company, a corporation formed and operating under the laws of the State of Delaware, U.S.A. As such, the laws of the State of Delaware, U.S.A. will govern these Terms, without giving effect to any principles of conflicts of laws. Subject to Section 14, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Delaware, U.S.A. for any litigation arising out of or relating to use of or purchase made through the Company (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the County of New Castle, in the State of Delaware, U.S.A. and agree not to plead or claim in any court of the County of New Castle in the State of Delaware, U.S.A. that such litigation brought therein has been brought in an inconvenient forum. The submission in this Section 12 herein shall not affect the right of Company to take proceedings in any other jurisdiction nor shall the taking of proceedings in any jurisdiction preclude the Company from taking proceedings in any other jurisdiction.
13. Modification of Terms
We must comply with applicable law, which may require us to, upon request by government agencies, take certain actions or provide information, which may not be in your best interests. We reserve the right to change these Terms at any time. Such changes shall be effective immediately when the revised Terms are posted on this page. You acknowledge and agree that it is your responsibility to review this Website and these Terms regularly and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Terms and (b) agreement to abide and be bound by the modified Terms.
14. Dispute Resolution
General. Please read this dispute resolution section carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER (“Arbitration Agreement”). All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any Product or Service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Corporate Creations Network Inc., 3411 Silverside Road Tatnall Building Ste 104, Wilmington, Delaware 19810. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (the “AAA”), an established alternative dispute resolution provider (an “ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (the “Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than US $10,000.00 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is US $10,000.00 or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of the primary office of the Company, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award and $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matter or joined with any other case or party. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. Severability. If any part of this Arbitration Agreement is found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. Right to Waive. All of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company. Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New Castle County, Delaware, for such purpose.
15. Electronic Communications
The communications between you and the Company use electronic means, whether you use the Website or send us emails, or whether the Company posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
The provisions of these Terms are severable, meaning if any provision of these Terms is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without affecting the validity or enforceability in any other jurisdiction or the remaining provisions hereof in any jurisdiction. No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms. The failure of the Company to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. These Terms, and any applicable policies, comprise the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
17. Contacting Us
If you have any questions about these Terms or your dealings with this Website, please feel free to email us at email@example.com. Under California Civil Code section 1789.3, customers who are California residents are entitled to specific consumer rights information, including pricing information. Current rates for our Products or Services may be obtained by email to firstname.lastname@example.org. For any complaints, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Sacramento, CA 95814.