Terms of Service
Welcome to DEEPWATERS.xyz. Please read these Terms of Service carefully before using the services offered by VATNFORN, CORP. ("VatnForn", "us", "we"). These Terms of Service set forth the terms and conditions of our relationship and for your (“you”, “user”) use of the DEEPWATERS.xyz website (the "Site") and the services and content offered by VatnForn (collectively, the "Services").
About the Site and Services
You understand that VatnForn may from time to time provide content and information related to digital assets (also called a “cryptocurrency,” “virtual currency,” “digital currency,” or “digital commodity”), such as bitcoin, which is based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value (collectively “Digital Assets”).
Nothing contained herein is intended to aid in or form the basis of any investment decisions. Each user is expected to perform his/her own full due diligence and ask questions, receive answers, and obtain additional information and conduct their own due diligence review concerning any investment decisions. Any investments undertaken by you must comply with all legal requirements in each applicable jurisdiction. VatnForn is not a registered or licensed as a broker-dealer, funding portal, investment advisor or investment manager in any state, district, county, territory or municipality within any country or territory. As such, it is not acting in a fiduciary capacity with respect to any user of the Services, and VatnForn disclaims any broker-client or advisor-client relationship with respect to any party using any Services. VatnForn does not provide legal, accounting or tax advice. Any representation or implication to the contrary is expressly disclaimed. You should consult your own legal, accounting and tax experts before using any Services or making any investment decision and/or using the Services.
VatnForn is not a registered broker-dealer nor investment advisor. VatnForn does not perform legal or accounting services and is not a law firm. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between VatnForn and any purchasers, sellers, and/or other users.
The Site and the Services are not intended to provide financial, legal, tax or investment advice or recommendations. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. In making an investment decision, users must rely on their own examination of the content, including the merits and risks involved therein. Participation by any user in any listings on the site and/or the services requires the financial ability and willingness to accept the high risk and potential lack of liquidity.
None of the information contained on the Site and/or the Services you shall constitute a recommendation, solicitation or offer to buy or sell any cryptocurrencies or provide any investment advice or like service. All such summaries are intended solely for informational purposes and do not purport to be complete.
You must be 18 or older to use the VatnForn Site or Services to be a User
You understand that you may not use the Site or the Services where such use is prohibited.
You understand that the Site and the Services are intended solely for users who are eighteen (18) years of age or older.
You represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of these Terms of Service.
Risk Disclosures; Assumption of Risks
Neither the U.S. Securities and Exchange Commission nor any state or other domestic or foreign securities commission or other regulatory authority has approved, passed upon or endorsed the merits of any of the Services or any Digital Assets.
All potential Users are strongly encouraged to consult with professional tax, legal and financial advisors before making any investment decision.
VatnForn is neither the creator nor the administrator of any Digital Assets.
You understand and agree that Digital Assets inherently contain and presents a degree of legal risk due to the fluid and rapidly evolving regulatory, legislative, financial, regimes relating to Digital Assets in general. Because of the differences between any Digital Assets and traditional investments, there is a risk that issues that might easily be resolved by existing law if traditional securities were involved may not be easily resolved for the Digital Assets. For example, there is little precedent on how existing law might treat the issue, fungibility, settlement finality, transfer, collateralization, sequestration, loan, hypothecation, redemption or other disposition of any Digital Assets. The occurrence of any related issue or dispute could have a material adverse effect on the Digital Assets. New developments in the law may also adversely affect the treatment of any Digital Assets. The development and acceptance of blockchain networks are subject to a high degree of uncertainty and a variety of factors that are difficult to evaluate. The factors affecting further development of the cryptocurrency industry, as well as blockchain, include, without limitation: Worldwide growth in the adoption and use of Bitcoin, Ether and other blockchain technologies; Government and quasi-government regulation of Bitcoin, Ether and other blockchain assets and their use, or restrictions on or regulation of access to and operation of blockchain networks or similar systems; The maintenance and development of the open-source software protocol of the Bitcoin or Ethereum networks; Changes in consumer demographics and public tastes and preferences; The availability and popularity of other forms or methods of buying and selling goods and services, or trading assets including new means of using fiat currencies or existing networks; and/or general economic conditions and the regulatory environment relating to cryptocurrencies. Any combination of the foregoing may also adversely affect the treatment of any Digital Assets.
You acknowledge and agree that the value of a cryptocurrency is highly volatile and that buying, selling, and holding any Digital Assets involves a high degree of risk. Digital Asset networks are operated by decentralized networks of independent third parties.
You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Digital Assets that you decide to track using the Services; as well as the (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Digital Assets.
Use of the Services may be available through a compatible mobile device, Internet or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. VatnForn makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from you provider and access to the Services at any time or from any location; (ii) any loss, damage or other security intrusion of the telecommunication services; and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Services.
You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against VatnForn, its subsidiaries and affiliates, and each of their respective shareholders, members, directors, officers, employees, agents, partners and representatives (collectively, the “VatnForn Parties”) related to any of the risks set forth herein. In addition, to the fullest extent permitted by applicable law, you release VatnForn and the other VatnForn Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. Further, you expressly waive any rights you may have under Section 1542 of the Civil Code of the State of California, as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. Section 1542 reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Your Registration and Account Security
When you use the Site or the Services you MAY provide VatnForn certain registration and account information, which VatnForn will rely on to provide you access to the Site and/or Services. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account:
You understand you are responsible for any all activity on your account and for safeguarding all your login information, user names, IDs, logins, passwords, pin numbers or other identification tools (collectively, the “Credentials”) through which you access your account, and any portion of the Site and Services.
You will register your account for your own use and not for the use of another person and you will only create one account for yourself.
You will not assign or transfer your account to anyone without first getting VatnForn's written consent. Any party or person accessing your account using your account login and password credentials will be deemed an authorized user by us and you will be responsible for their actions as if they were your own.
You will not provide false or misleading information when you register an account.
If VatnForn terminates or disables your account, you may not create another account without first getting VatnForn's written consent.
You will not use your account in a commercial fashion or manner without VatnForn's express written consent which may be withheld for any reason.
You will keep your contact and other information requested by VatnForn (such as age, address, User status, etc.) accurate and up-to-date.
It is your responsibility to ensure and protect the confidentiality of your Credentials. You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account. We are not liable for any use of the Site or Services by any unauthorized individuals.
If you so notify us, or if we suspect fraudulent or abusive activity, you agree to cooperate with us in any investigation and to use any preventive measures we prescribe.
Use of your Credentials may be immediately terminated by us upon the earlier of termination of your authorization, or prolonged, inactivity, dormancy, or termination of your account or termination of these Terms of Service.
We may rely upon the instructions, consent given and all action taken through your Credentials or account, without verifying the identity or authority of any person accessing the Site or Services.
You are Responsible for Reviewing Changes to these Terms of Service
These Terms of Service apply to all users of the Site and the Services.
VatnForn may make changes to these Terms of Service from time to time without specifically notifying you.
VatnForn will post the latest Terms of Service on the Site and may post it on VatnForn's mobile device applications, but it is up to you to review it before using the Site or Services. We will endeavor to provide notices of any changes to these Terms of Service on the Site before those changes are effective. Nonetheless, you are responsible for checking the Site for possible changes to these Terms and for other important information about the Services.
If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to these Terms of Service.
In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by VatnForn from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
Third Party Providers and Content
VatnForn uses third party providers to provide certain software and data functionalities to users as well as Content. When using or accessing services offered through third party providers, you will be subject to terms posted by these service providers. We also reserve the right to use any other third party to perform services of a similar nature top those outlined above, in our sole discretion.
VatnForn May Edit or Modify Anything on the Site or Services without Notice
VatnForn is committed to delivering a positive user experience and you understand that VatnForn reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice.
You are Responsible for Accepting Updated Versions of the Site and Services
If VatnForn provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
If you do not accept updated versions of the Site and Services, VatnForn shall not bear any responsibility or liability for your decision.
You Agree to Let Us Monitor Your Activity on VatnForn Services and the Site and Services
Because VatnForn wants to continue to improve the Site and the Services for the benefit of you, the user, we may monitor your activity on the Site and Services.
By using any VatnForn the Site and Services you specifically agree to VatnForn monitoring you in this manner.
You understand, however, VatnForn cannot and does not make any warranties or guarantees that: (i) the Site and Services, or any component thereof, will be made free from error or inaccuracy as a result of such monitoring or free from unauthorized and/or unacceptable use as a result of such monitoring; (ii) any statements or factual items presented by the Services will be free from error or authenticated; or (iii) VatnForn will take any action in the event of any non-compliance with these Terms of Service.
It Is Your Responsibility to Make Sure these Terms of Service and Your Use of the Site and Services Complies with All Laws Applicable to You
You understand VatnForn may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time.
You are solely responsible for ensuring that these Terms of Service complies with all laws, rules and regulations applicable to you.
You understand that your right to access the Site or Services will be revoked where these Terms of Service or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
VatnForn May Terminate Your Use of the Site and/or Services without Reason or Notice to You
While VatnForn respects its users, you agree that VatnForn may terminate your use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
Who Owns What and How You Can Use It
The Copyright to All Content the on the Site and Services Is Owned by the Seller of That Content
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of VatnForn or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary rights.
You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by these Terms of Service.
You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
You May Not Use Trademarks Appearing on the Site or Services in an Infringing Manner
You agree that VatnForn, Deepwaters, Community Governed Liquidity, and other VatnForn graphics, logos, page headers, button icons, scripts, token names, and service names are trademarks, registered trademarks or trade dress of VatnForn or its affiliates (“Trademark Content”).
VatnForn trademarks and trade dress may not be used in connection with any product or service that is not VatnForn’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VatnForn.
All other trademarks not owned by VatnForn or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VatnForn or its affiliates.
You may use the VatnForn Site and Services for Limited, Non-Commercial Purposes
VatnForn grants you a limited license to access and make personal use of the Site and the Services.
VatnForn does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
You understand VatnForn does not grant you the right to resell or make commercial use (except as provided herein) of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You understand the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of VatnForn and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing VatnForn’s name or trademarks without the express written consent of VatnForn. Any unauthorized use terminates the permission or license granted by VatnForn.
You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of VatnForn so long as the link does not portray VatnForn, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any VatnForn logo or other proprietary graphic or trademark as part of the link without express written permission.
You Agree to Comply with VatnForn’s Conduct Policies When Using the Site or Services
We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site except as expressly authorized by VatnForn;
You will not take any action that imposes or may impose (as determined by VatnForn in its sole discretion) an unreasonable or disproportionately large load on VatnForn’s (or its third party providers') infrastructure;
You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
You will not bypass any measures VatnForn may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
You will not run any form of auto-responder or "spam" on the Site and Services;
You will not use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
You will not harvest or scrape any content or materials from the Site and Services;
You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
You will not threaten, intimidate or harass another user;
You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes;
You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you, (ii) are taken by you, or (iii) are original content created by you;
You will not otherwise take any action in violation of VatnForn’s guidelines and policies;
You will not threaten, intimidate, or harass another user or any parties on or through the Site or Services;
You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes;
You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity;
You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Site and/or the Services in the course of using the Site and/or the Services. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions;
You will not use the Site and Services in any manner or transmit any Submission that: infringes (or results in the infringement of) VatnForn’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. VatnForn
You will not represent or portray the business or entity as being affiliated with VatnForn in any capacity other than being a user of the Site or Service without VatnForn's prior written consent.
You shall not use circumvention or obfuscating technologies to mask their IP addresses or to hide transaction details.
You shall not create or circulate any technologies which violate or which would facilitate other users to violate the terms hereof including for masking IP addresses.
You use the VatnForn Site and Services at Your Own Risk
VatnForn has no obligation to review any content or material posted to or through the Site and the Services, and cannot therefore be responsible for such material or content.
By operating the Site and the Services, VatnForn does not represent or imply that it endorses any content or material posted there, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Site or the Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
The Site or the Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
VatnForn disclaims any responsibility for any harm resulting from the use by visitors of the Site or the Services, or from viewing or downloading by those visitors of content posted on the Site or the Services.
VatnForn Is Not Responsible for What Happens outside of the Site and Services, Including on Websites the Site or Services Links to or Advertises
VatnForn or its business partners may present advertisements or promotional materials via the Services.
Your dealings with, or participation in promotions of, any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
You agree that VatnForn is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
You understand and agree that VatnForn is not responsible for, and does not control, third party sites and third party content. You also understand and agree that VatnForn is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third party sites and third party content.
You acknowledge and agree that VatnForn shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such third party site or third party content.
VatnForn’s Liability Is Limited
VatnForn is not responsible for any third party sites, third party content, or any other content posted on the Site and the Services, whether caused by users of the Site and the Services, VatnForn, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
VatnForn is not responsible for the conduct, whether online or offline, of any user of the Site or the Services.
VatnForn assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
You understand that it is your duty to confirm and verify any information provided on or through the Site and Services, and that you bear the sole risk of relying on any such information, including but not limited to content, third-party content, links, or listings.
VatnForn is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person's computer, and/or mobile device.
Neither VatnForn nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services, whether online or offline.
THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, VATNFORN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE CONTENT AND THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER VATNFORN NOR THIRD PARTY PROVIDERS GUARANTEE THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT. YOU AGREE TO USE THE CONTENT AND THE SERVICE ONLY AT YOUR OWN RISK. NEITHER VATNFORN NOR THE THIRD PARTY PROVIDERS EXPLICITLY OR IMPLICITLY ENDORSE OR APPROVE ANY THIRD PARTY CONTENT. THIRD PARTY CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL VATNFORN OR ITS MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. WE AND THE THIRD PARTY PROVIDERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
VATNFORN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF ANY CLAIM OR MATTER RELATES TO MORE THAN ONE PARTY, THIS MAXIMUM LIABILITY WILL BE THE LARGEST AMOUNT PAID BY ANY ONE SUCH PARTY IN THE MOST RECENT PROCESSED TRANSACTION, REGARDLESS OF THE NUMBER, IDENTITY, OR STATUS OF THE CLAIMANTS. WHERE MORE THAN ONE ENTITY OR INDIVIDUAL RELATED TO US IS SUBJECT TO ANY CLAIM OR MATTER, THE RECOVERY OF THE CLAIMANT OR CLAIMANTS WILL BE LIMITED AS A GROUP AS PROVIDED BY THIS PARAGRAPH, AS IF ALL SUBJECTED PARTIES WERE A SINGLE ENTITY.
ANY INFORMATION OR ASSISTANCE ACCESSED OR OBTAINED THROUGH USE OF THE SITE AND/OR SERVICES IS PROVIDED SOLELY FOR EDUCATIONAL OR GENERAL INFORMATIONAL PURPOSES AND IS NOT PROFESSIONAL LEGAL, PURCHASE, OR ACCOUNTING ADVICE OR COUNSEL.
You Agree to Indemnify VatnForn
You agree to indemnify, defend, and hold harmless VatnForn, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (i) your use of the Site and Services, (ii) any user Content, third party content, third party sites and any other content, (iii) your violation of these Terms of Service, or of any law or the rights of any third party, and (iv) your breach of these Terms of Service and/or any breach of your representations and warranties set forth herein; (v) your violation of any local, state or federal law, rule or regulation, (vi) your violation, or alleged violation, of any right of a third party, or (vii) your wrongful, improper, unlawful or unauthorized use of the Services.
You agree that Delaware law applies to these Terms of Service
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the Delaware.
Your General Representation and Warranty
You represent and warrant that:
You will use the Site and the Services so not to infringe or misappropriate the intellectual property rights of any third party.
Other Terms and Arbitration
You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms of Service shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
You agree any arbitration proceeding shall take place in Miami, Florida in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms of Service shall be entitled to costs and attorneys' fees.
If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
VatnForn may assign its rights under these Terms of Service without condition.
These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of these Terms of Service are inserted for convenience only and shall not be deemed to constitute part of these Terms of Service or to affect the construction thereof.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND VATNFORN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.