Terms of Service - OpenSocial
These Terms of Service (together with any supplemental terms that incorporate these Terms of Service by reference, the "Agreement") are a legally binding contract between you and us and set forth the terms and conditions by which you may access and use the Services provided by OpenSocial (referred to herein as "OpenSocial", "we", "our", or "us"). The term “Services” encompasses the website-hosted user interface located at https://www.opensocial.co/ (the "App"), all related subdomains, and any other products and services made available by us that link to this Agreement. The App provides a web- or mobile-based social media interface that enables users to access and interact with decentralized, software-based smart contracts to initiate and effect transactions within the App involving certain compatible in-app digital assets (the "Protocol").
For the avoidance of doubt, OpenSocial does not have actual or constructive administrative control over the Protocol or your use thereof, and cannot access, transfer, or take custody of your digital assets, nor can OpenSocial upgrade or modify any existing smart contracts that are part of the Protocol. OpenSocial does not monitor or control any use of the Protocol by third parties and/or any use of the Protocol that does not take place on or through OpenSocial. OpenSocial makes no representations or warranties about the functionality of the Protocol. All use of the Protocol is undertaken at your own risk, and OpenSocial is not and shall not be liable to you or to any third party for any loss or damage arising from or connected to your or any third party’s use of the Protocol. Notwithstanding anything to the contrary set forth herein, the terms of Section 5 (Disclaimers), and Section 5.2 (Limitation of Liability) of this Agreement apply to any claims arising out of your use of the Protocol. You access and/or interact with the Protocol at your own risk.
By accessing or using the Services, you agree that you have read, understood, and agreed to be bound by this Agreement. Please read this Agreement carefully before accessing or using the Services as it dictates your rights and obligations with respect to your use of the Services. If you do not agree to all the terms of the Agreement, then you should not access or use our Services.
To access or use our Services, you must be legally capable of entering into a binding contract with us. Therefore, you confirm that you are of the age of majority in your jurisdiction and have the necessary authority to comply with the terms and conditions of this Agreement, both on your own behalf and on behalf of any company or legal entity for which you may access or use the App. If you are acting on behalf of an entity, you represent and warrant that you have the legal authority to bind such an entity, in which case the words “you” and “your” as used in this Agreement shall refer to such entity
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WE AGREE THAT ANY DISPUTES RELATING TO THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
THE SERVICES INCLUDE A USER INTERFACE THAT ENABLES END USERS TO INTERACT WITH THE PROTOCOL. WE ARE NOT AN EXCHANGE, FUNDING PORTAL, CUSTODIAN, TRUST COMPANY, LICENSED BROKER, DEALER, BROKER-DEALER, INVESTMENT ADVISOR, INVESTMENT MANAGER, FINANCIAL ADVISER, FINANCIAL INSTITUTION, LENDER, OR BORROWER, WHETHER IN THE UNITED STATES OR ELSEWHERE. THE PRODUCT IS AN ADMINISTRATIVE PLATFORM ONLY. NEITHER OPEN SOCIAL NOR OUR PRODUCT GIVES, OFFERS OR RENDERS INVESTMENT, TAX, OR LEGAL ADVICE. THE PRODUCT IS A SOFTWARE-BASED USER INTERFACE THAT ALLOWS YOU TO INTERACT WITH THE PRODUCT AND/OR THE PROTOCOL TO ENGAGE IN THE BUYING AND SELLING OF IN-APP DIGITAL ASSETS OF OTHER USERS OF THE PRODUCT. BEFORE MAKING FINANCIAL OR INVESTMENT DECISIONS, WE RECOMMEND THAT YOU CONTACT AN INVESTMENT ADVISOR, OR TAX OR LEGAL PROFESSIONAL. OPEN SOCIAL IS NOT A PARTY TO ANY AGREEMENT BETWEEN ANY USERS OF THE PRODUCT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OPENSOCIAL SHALL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY THIRD-PARTY IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO PROVIDE ANY DIGITAL ASSET.
We may from time to time in the future offer additional products, and such additional products shall be considered Services as used herein, regardless of whether such additional products are specifically defined in this Agreement. Future products may be subject to additional supplemental terms as well as this Agreement.
Our product may include plugins, integrations, links or other access to third party services, sites, technology, content and resources, including any third-party social media accounts linked to your profile (each a “Third-Party Service”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third parties, and you should read and become familiar with such terms and conditions prior to your use of such Third-Party Services. For the avoidance of doubt, this Agreement does not apply to such Third-Party Services, and you may grant the owner of any Third-Party Services additional rights with respect to your use thereof.
You may be required to authenticate to or create separate accounts to use certain Third-Party Services on the websites or via the technology platforms of their respective providers. You, and not OpenSocial, will be responsible for any and all costs and charges associated with your use of any Third-Party Services, including as used in connection with the Services. OpenSocial enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using our Services are between you and the third party. OpenSocial will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
OpenSocial has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the terms of services of the third parties providing Third-Party Services prior to using such services. You may be able to disable any integrations between OpenSocial and an applicable Third-Party Service through our Services.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof), whether against specific or all users. without notice at any time. We shall not be liable to you or any third party for any modification, information change, suspension or discontinuance of the Services.
Content creators and owners retain their existing rights to any content uploaded, edited, or minted via the Services (“User Content”). However, by using the Services, all users (including content creators and owners) grant limited licenses to one another to use their contributions in various ways.
By submitting, posting or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your User Content available to the rest of the world and to let others do the same.
By posting content on our websites, you represent and warrant that you have obtained all necessary intellectual property rights for such content, including but not limited to any trademark, copyright, patent, trade secret, or proprietary rights (including, without limitation, the performance, master recording and/or publishing rights for any musical or video content). You further represent and warrant that the posting and use of your content on our platform does not infringe or violate any third-party rights, including but not limited to any intellectual property rights, privacy rights, or publicity rights. OpenSocial does not assume any responsibility or liability for any unauthorized use of any User Content made available through our websites.
Notwithstanding User Content, unless otherwise indicated in writing by OpenSocial, the Services and all content and other materials constrained therein, including, without limitation, the OpenSocial logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof, are the proprietary property of OpenSocial.
3.2 Responsibility
Any use or reliance on any content or materials posted via OpenSocial or accessed or otherwise obtained by you through OpenSocial shall be at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via OpenSocial, including content posted or made available by other users, nor do we endorse any opinions expressed via OpenSocial. All content is the sole responsibility of the person who originated such content. We shall not be obliged to monitor or control the content posted by users of the Services and we are not responsible for such content. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
We reserve the right to remove any content, including User Contents, that violates this Agreement or applicable law, any policies as may be published by us from time to time, or otherwise, as determined by us at our sole and absolute discretion, deemed inappropriate based on customary norms, including without limitation, content that constitutes or contains copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.
If you believe that your User Content that is unjustifiably removed (or to which access was disabled), you may send us an email to legal@opensocial.co, provided that we shall be under no obligation to provide you with reason for such removal.
Our Services may include links or references to resources by third parties, including, but not limited to, information, materials, products, or services, which we do not own or control. Additionally, third parties may offer promotions related to your access and use of our Services. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. By accessing such resources or participating in promotions, you do so at your own risk. Please note that this Agreement does not govern your interactions with third parties. By using our Services, you release us from any liability associated with your use of third-party resources or participation in promotions.
If OpenSocial becomes aware of any possible violations by you of this Agreement, OpenSocial reserves the right to investigate such violations. If, as a result of the investigation, OpenSocial believes that criminal activity may have occurred, OpenSocial reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. OpenSocial is entitled, except to the extent prohibited by applicable law, to disclose to third parties any information or materials in OpenSocial’ possession, including in order to (i) comply with applicable laws, legal process or governmental request; (ii) enforce this Agreement, (iii) respond to your requests for customer service, or (iv) protect the rights, property or personal safety of OpenSocial, its users, or the public, as OpenSocial in its sole discretion believes to be necessary or appropriate. By agreeing to this Agreement, you hereby provide your irrevocable consent to such monitoring. You understand, acknowledge, and agree that you have no expectation of privacy concerning your use of the Services.
You agree not to engage in, attempt to engage in, or cause or permit any other user to engage in any of the following categories of prohibited activities when accessing and using the Services:
You acknowledge and agree that: (a) all transactions and other blockchain-based activities that you initiate through our Services (“Activity”) are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any Activity, including any Activity you initiate via our Auto Routing API; and (c) we do not conduct a suitability review of any Activity that you initiate.
OpenSocial cannot and does not ensure that any Activity that you initiate or participate in via the Services will be validated by or confirmed on the relevant Protocol, and OpenSocial does not have the ability to facilitate any cancellation or modification requests. You accept and acknowledge that you take full responsibility for all activities that you effect through your Wallet and accept all risks of loss, including loss as a result of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law.
You acknowledge and agree that the prices of digital assets are extremely volatile.
You acknowledge and agree that the Services is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. You are solely responsible for the custody of the cryptographic private keys to any digital asset wallets (“Wallet”) you hold and you should never share your Wallet credentials or seed phrase with anyone. We accept no responsibility, or liability to you, in connection with your use of a Wallet and make no representations or warranties regarding how our Services will operate with any specific Wallet. Likewise, you are solely responsible for any associated Wallet and we are not liable for any acts or omissions by you in connection with or as a result of your Wallet being compromised. For the avoidance of doubt, any references herein to a "wallet" shall include the OpenSocial Account Abstraction Wallet (AA Wallet).
This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
Our Services may not be available or appropriate for use in your jurisdiction. Your ability to access the Services in any jurisdiction does not mean that OpenSocial intends to offer you such Services in such jurisdiction, nor that such Services legal and/or appropriate in such jurisdiction. By accessing or using our Services, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you in connection with your use thereof.
It is your responsibility to determine whether taxes apply to any transactions you initiate or receive through the Protocol or any other protocol and, if so, to report and/or remit the correct tax to the appropriate tax authority or authorities. You agree to indemnify and hold OpenSocial harmless from and against any losses or claims arising from or related to any failure to pay such taxes.
When you use a Wallet in connection with the Services, you represent and warrant that (i) you own or have the authority to use such Wallet; (ii) you own or have the authority to use any digital assets in such Wallet; (iii) all digital assets you use in connection with any Activity have been earned, received, or otherwise acquired by you in compliance with applicable law; and (iv) no digital assets that you use in connection with any Activity have been “tumbled” or otherwise undergone any process designed to hide, mask, or obscure the origin or ownership of such digital assets.
(i) You acknowledge and agree that OpenSocial does not store, send, or receive your digital assets.
There are risks associated with using digital assets and cryptocurrency, including but not limited to, the risk of hardware, software and Internet connections; the risk of malicious software introduction; the risk that third parties may obtain unauthorized access to information stored within your Wallet; and the risk of counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. You accept and acknowledge that OpenSocial will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience when using blockchain technology, however caused.
(ii) You agree to the automated collection and disbursement of proceeds by smart contracts.
You acknowledge and agree that all transactions accessed through the Services will be automatically processed using one or more blockchain-based smart contracts. By engaging in transactions using the Services, you acknowledge and consent to the automatic processing of all transactions in connection with using the Services.
(iii) You are solely responsible for the security of your wallet.
You understand and agree that you are solely responsible for maintaining the security of your wallet. Any unauthorized access to your wallet by third parties could result in the loss or theft of your OpenSocial profile, Items, any cryptocurrencies, or any funds held in your account and any associated accounts. You understand and agree that we have no involvement in, and you will not hold us responsible for managing and maintaining the security of your wallet. You further understand and agree that we are not responsible, and you will not hold us accountable, for any unauthorized access to your wallet. It is your responsibility to monitor your wallet.
(iv) We reserve the right to restrict your access from engaging with the Services
You agree that we have the right to restrict your access to the Services via any technically available methods if we suspect, in our sole discretion, that (a) you are using the Services for money laundering or any illegal activity; (b) you have engaged in fraudulent activity; (c) you have acquired cryptocurrency assets using inappropriate methods, including the use of stolen funds to purchase such assets; (d) you are the target of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the United Nations Security Council, the European Union, or any other legal or regulatory authority in any applicable jurisdiction; (e) either you, as an individual or an entity, or your wallet address is listed on the Specially Designated Nationals and Blocked Persons List (“SDN List”), Consolidated Sanctions List (“Non-SDN Lists), or any other sanctions lists administered by OFAC; (f) you are located, organized, or resident in a country or territory that is, or whose government is, the subject of sanctions, including but not limited to Côte d’Ivoire, Cuba, Belarus, Russia, Iran, Iraq, Liberia, North Korea, Sudan, and Syria; or (g) you have otherwise acted in violation of these Terms. If we have a reasonable suspicion that you are utilizing the Services for illegal purposes, we reserve the right to take whatever action we deem appropriate.
(v) We do not guarantee the quality or accessibility of the Services
OpenSocial makes no guarantee as to the functionality of any Protocol’s decentralized governance, which could, among other things, lead to delays, conflicts of interest, or operational decisions that are unfavorable to your digital assets. You acknowledge and accept that the protocols governing the operation of the Protocol may be subject to sudden changes in operating rules which may materially alter the blockchain and affect the value and function of any of your digital assets or the utility of the Services. OpenSocial makes no guarantee as to the security of the Protocol. OpenSocial is not liable for any hacks, double spending, stolen digital assets, or any other attacks on a Protocol or the Services.
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel them at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of fitness for a particular purpose, durability, title, and non-infringement. In no case shall the Company, or its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services obtained using the service, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow for the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to hold harmless, defend, and indemnify OpenSocial, our affiliates and our and our affiliates' respective officers, directors, employees, contractors, agents, service providers, licensors, and representatives (collectively, the "OSP Parties") from and against all third-party claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or relating to: (a) your access and use of our Services; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; (c) any other party's access and use of our Services with your assistance or using any device or account that you own or control; and (d) any dispute between you and any other user of the Services. We will provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against any OSP Parties without our written consent. This Indemnity is in addition to, and not in lieu of, any other indemnities set forth in a separate written agreement between you and OpenSocial.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
This Agreement will be governed by and construed in accordance with the laws of the British Virgin Islands.
You agree that the laws of the British Virgin Islands, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that our Services shall be deemed to be based solely in the British Virgin Islands, and that although you may be able to access the Services from other jurisdictions, such availability does not indicate an intention by us to offer such Services in such jurisdiction, nor does it give rise to general or specific personal jurisdiction in any forum outside the British Virgin Islands. You agree that the British Virgin Islands courts are the proper forum for any court proceedings permitted under this Agreement.
Any dispute, controversy, difference or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating thereto, shall be referred to and finally resolved by arbitration administered by the British Virgin Islands International Arbitration Centre (“BVI IAC”) under the BVI IAC Administered Arbitration Rules (“Rules”) in force when the Notice of Arbitration is submitted.
The seat of arbitration shall be the British Virgin Islands. The arbitration proceedings shall be conducted in English. The arbitral tribunal shall consist of three arbitrators. The arbitral award shall be final and binding upon all parties to the arbitration. For the avoidance of doubt, during the course of arbitration, the parties shall make reasonable efforts to continue to abide by and perform this Commitment Letter except for those matters submitted to arbitration.
Unless the parties to the arbitration otherwise expressly agree in writing, the parties to the arbitration must keep confidential all awards from arbitral proceedings, together with all materials in the arbitration proceedings created for the purpose of the arbitration and all other documents produced by any party in the arbitration proceedings not otherwise in the public domain, save and to the extent that disclosure may be required under any law or regulation or in connection with any legal or arbitration proceedings.
Any award of the arbitral tribunal shall be final and binding on the parties to the arbitration, and each of such Party shall waive to the fullest extent permitted by law any right it may otherwise have under the laws of any jurisdiction to any form of appeal, annulment, action to set-aside or vacate, collateral attack, or any other challenge to such award(s).
PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Agreement to Attempt to Resolve Disputes Through Good Faith Negotiations
Prior to commencing any legal proceeding against us of any kind, including an arbitration as set forth below, you and we agree that we will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to the agreement or the Services (each, a “Dispute” and, collectively, “Disputes”) by engaging in good faith negotiations. Such good faith negotiations require, at a minimum, that the aggrieved party provide a written notice to the other party specifying the nature and details of the Dispute. The party receiving such notice shall have thirty (30) days to respond to the notice. Within sixty (60) days after the aggrieved party sent the initial notice, the parties shall meet and confer in good faith by videoconference, or by telephone, to try to resolve the Dispute. If the parties are unable to resolve the Dispute within ninety (90) days after the aggrieved party sent the initial notice, the parties may agree to mediate their Dispute, or either party may submit the Dispute to arbitration as set forth below. Agreement to Arbitrate You and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The place of arbitration shall be the British Virgin Islands. The language of the arbitration shall be English. The arbitrator(s) shall have experience adjudicating matters involving Internet technology, software applications, financial transactions and, ideally, blockchain technology. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of (all/both) parties. UNLESS YOU PROVIDE US WITH A TIMELY ARBITRATION OPT-OUT NOTICE TO US AT THE EMAIL INDICATED IN THE CONTACT INFORMATION BELOW, YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
Agreement to Arbitrate
You and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The place of arbitration shall be the British Virgin Islands. The language of the arbitration shall be English. The arbitrator(s) shall have experience adjudicating matters involving Internet technology, software applications, financial transactions and, ideally, blockchain technology. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of (all/both) parties.
UNLESS YOU PROVIDE US WITH A TIMELY ARBITRATION OPT-OUT NOTICE TO US AT THE EMAIL INDICATED IN THE CONTACT INFORMATION BELOW, YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
Changes
By rejecting any changes to these Terms, you agree that you will arbitrate any Dispute between you and us in accordance with the provisions of this section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
In connection with your historic or current use of our Services, we may provide you certain incentives, prizes or rewards for completing certain activities, such as completing a certain number of transactions ("User Rewards"). We reserve the right to change, modify, discontinue or cancel any rewards programs (including the frequency and criteria for earning such User Rewards), at any time and without notice to you.
We may provide any notice to you required under or in connection with this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting. Please check the Services regularly for any applicable notices.