ANY PURCHASE OF TOKENS YOU MAKE WILL BE GOVERNED BY A SEPARATE AGREEMENT FOR THE PURCHASE OF TOKENS (“TOKEN PURCHASE AGREEMENT”). YOU ACKNOWLEDGE THAT PURCHASING TOKENS INVOLVES SUBSTANTIAL RISK, INCLUDING THE POSSIBILITY OF COMPLETE LOSS OF ALL MONIES YOU PAY FOR THE TOKENS. YOU ASSUME ALL SUCH RISK.
02. Changes to These Terms
03. Accessing the Website
04. Use of Information Provided by You
05. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Foundation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent. The Foundation name, the Foundation logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Foundation or its affiliates or licensors. You must not use such marks without the prior written permission of the Foundation. Any other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content on this Website by or through your use of the Website.
06. Permitted Uses
07. Reliance on Information Posted
08. Token Purchases
The Website may include information about and the ability to purchase digital tokens (“Tokens”), as more fully described in the relevant Token Purchase Agreement and other Token-related documentation (“Token Documentation”). Please carefully review all Token Documentation. Our rights to place conditions or restrictions on the Website apply to any Token purchase you may seek to make. We may restrict the ability to purchase Tokens at any time and for any reason permitted by applicable law. You acknowledge and agree that (a) we are not acting as your broker, intermediary, agent, or adviser, and we have no fiduciary duty to you; (b) no communication or information provided to you by us constitutes any type of advice; (c) you have received and read the Token Documentation; and (d) you have relied on your own judgment or advisers in making any Token purchase or request to purchase. Once we complete your purchase, we will seek to send confirmation of the purchase to you electronically at the email address we have on file or otherwise make such confirmation available via the Website. You acknowledge and agree that any failure to provide such confirmation, or your failure to receive or read such confirmation, will not invalidate any purchase. You may not revoke any purchase or attempted purchase once you have submitted it. You are solely responsible for determining what, if any, taxes are applicable to the purchase of Tokens, and for reporting and remitting the correct tax amount to the appropriate tax authority in each relevant jurisdiction. We have no responsibility to determine, collect, report, withhold or remit any taxes in connection with any Token purchase.
09. Transfer of Funds
In order to complete your purchase of the Tokens, you will be required to send funds (which may include digital or virtual currencies, cash, or other means of payment) to us, via the Website or otherwise. You may be required to verify that you control the external account that you use to send the funds. To the extent you are charged a fee to send the funds, it is your responsibility to pay such fee and not ours or anyone else’s. You are solely responsible for your use of any external account, and you agree to comply with all terms and conditions applicable to any such external account. The timing associated with a transfer of funds for a purchase will depend upon the third parties responsible for maintaining the external account, and we take no responsibility for such timing or that such funds will be received in time to complete a transaction. If funds are not received on a timely basis, we may cancel your purchase of Tokens without liability. If you have sent an insufficient amount of funds to complete the purchase of the Tokens, we may in our discretion cancel the entire order or fulfill a partial order using the amount of funds available, but we have no obligation to alert you to the insufficiency.
WITHOUT LIMITING THE GENERALITY OF SECTION 11 (DISCLAIMER OF WARRANTIES) OR SECTION 12 (LIMITATION OF LIABILITY), UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IF YOU USE INCORRECT INFORMATION WHEN SEEKING TO PURCHASE TOKENS OR IF YOU DO NOT HAVE SUFFICIENT FUNDS WHEN SEEKING TO PURCHASE TOKENS.
10. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDATION NOR ANYONE ASSOCIATED WITH THE FOUNDATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
12. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FOUNDATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THIS SECTION 12 WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW, AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 12 MAY NOT APPLY TO YOU.
14. Arbitration and Governing Law
15. Limitation on Time to File Claims
16. Electronic Notice and Signature
You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”). We may provide these Communications to you by posting them via the Website, by emailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide. You should maintain copies of all Communications. You may contact us through email at firstname.lastname@example.org if you have any questions regarding any Communication. You further consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act while using the Website, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third party verification will not affect the enforceability of your signature or any resulting contract between you and us.