Rugpullfinder, Ltd - Terms of Service - Last Revised: 27 Jun 2022
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING(WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND RUG PULL FINDER THROUGHBINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION _____“DISPUTE RESOLUTION’ BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE ARESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 13 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 13.3 (GOVERNING LAW) WILL APPLY INSTEAD.
4. Definitions and Interpretations.Unless the context requires otherwise, capitalized terms in the Agreement shall have the following meanings:
“Affiliate” means, with respect to a party, any person, firm, corporation, partnership (including, withoutlimitation, general partnerships, limited partnerships, and limited liability partnerships), limited liabilitycompany, or other entity that now or in the future, directly controls, is controlled with or by or is undercommon control with such party.
“Applicable Law” means all federal and state laws, as the same may be amended and in effect from timeto time during the Term.
“Business Day” means any day (other than a Saturday, Sunday, or legal holiday) on which federally-insured financial institutions in the United Kingdom are permitted to be open to conduct substantially all of their business.
“Profile Information” means the information you provide to us to register for the Service, including asapplicable, Wallet address, name and address, as well as the username and password that allow you toaccess the Service, as such information shall change from time to time.
“Wallet” means an Ethereum/Web3 electronic wallet, which allows Users to purchase and storecryptocurrencies, and sign/engage in transactions on the Ethereum (and other EVM compatible)Blockchain.
4.1 Interpretation. References to Sections and Appendices are to be construed as references to the Sections of, andAppendices to, this Agreement, unless otherwise indicated. The singular includes the plural, and the pluralincludes the singular. All references to hereof, herein, hereunder and other similar compounds of theword here shall mean and refer to this Agreement as a whole rather than any particular part of the same.The terms include and including are not limiting. Unless designated as Business Days, all references todays shall mean calendar days. The use of the word “including” in this Agreement to refer to specificexamples will be construed to mean “including, without limitation” or “including but not limited to” andwill not be construed to mean that the examples given are an exclusive list of the topics covered. Theheadings, captions, headers, footers and version numbers contained in this Agreement are intended forconvenience or reference and shall not affect the meaning or interpretation of this Agreement.
5. The Service.
5.2 Use of the Website. The Company grants you a non-exclusive license to access and use the Platform including the Website andthe data, material, content, or information herein (collectively, the “Content”) solely for your personaluse. Your right to access and use the Website shall be limited to the purposes described in these Termsunless you are otherwise expressly authorized by the Company to use the Website for your owncommercial purposes. You agree to use the Website only for lawful purposes, comply with all rulesgoverning any transactions on and through the Website and comply with applicable laws.
5.2.1 Standard Users. Rug Pull Finder provides its “standard” access to all Users. All Users who do not pay for Premium Accessare “Standard Users.” Standard Users will have limited data and refresh rates and do not have access tothe same features as the Premium Users.
5.2.2 Premium Users. Users who pay for premium content will have access to more features than Standard Users. All Users whopay for premium content are Premium Users.” Initially, Users can become Premium users by paying either(1) in USD via debit or credit card or (2) in eth through their Wallets the (“Premium Fee”). Premium Usersmay choose to pay the Premium Fee monthly or semiannually. Debit or credit payments will be chargedautomatically upon monthly or semiannual renewal, as applicable. Users are under no obligation torenew. The Company reserves the right to change the cost of the Premium Fee at any time, withoutnotification.
18.104.22.168 PREMIUM FEES PAID IN ETH ARE NON-REFUNDABLE. Upon a written request by a User, Premium Fees paid by debit or credit card may be refundable inCompany’s sole discretion.
22.214.171.124 Temporary Premium User Promotions. Company may choose to run promotions that grant Premium User status to members of various NFTcommunities (“Premium User Promotions”). Such Premium User Promotions are entirely discretionaryand may be commenced and terminated at any time in the Company’s sole discretion. Premium Userswho are also holders of NFTs subject to Premium User Promotions will not receive any additional accessor benefits and are not entitled to any refund of Premium Fees previously tendered.
5.2.3 User Account Responsibility. User understands and agrees that it is solely responsible for maintaining the security of User’s accountand control over any usernames, passwords, public and/or private keys, or any other codes that User usesto access the Service. If you are given or create a password to access the Platform, you are responsible formaintaining the confidentiality of your account and your password. If you use a Wallet to access thePlatform, Rug Pull Finder has no way of granting you access to the site if you lose access to, or control of,your Wallet. You are responsible for all activities that occur under your account, and you agree to notifythe Company immediately of any suspected unauthorized use of your account. The Company is notresponsible for any loss that you may incur as a result of any unauthorized person using your account,Wallet, or your password. Any unauthorized access to your account by third parties could result in the lossor theft of funds held in your account and any associated accounts, including your linked bank account(s)and credit card(s).
5.2.4 Additional Considerations
126.96.36.199 Transactions Are Recorded on the Public Blockchains. Transactions that take place on the Platform are managed and confirmed via public blockchains includingbut not limited to the Ethereum blockchain. The User understands that its public address on the relevantblockchain will be made publicly visible whenever it engages in a transaction on the Platform. We neitherown nor control MetaMask, or any other Wallet, the Ethereum network, or any other blockchain networkwe choose to interface with, or any other third-party site, product, or service that Users might access,visit, or use for the purpose of enabling the user to access and utilize the various features of the Platform.We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damagethat a User may suffer as a result of its transactions or any other interaction with any such third parties.
188.8.131.52 Gas. All transactions on the Platform are facilitated by smart contracts existing on a blockchain network.Blockchain networks generally require the payment of a transaction fee for every transaction. Forexample, the Ethereum network requires the payment of a transaction fee (a “Gas fee”) for everytransaction that occurs on the Ethereum network, and thus every transaction occurring on the Platformthrough the Ethereum network. The value of the Gas Fee changes, often unpredictably, and is entirelyoutside of the control of Rug Pull Finder or the Platform. User acknowledges that under no circumstanceswill a transaction on the Platform, including payment of the Premium Fee be invalidated, revocable,retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction wasunknown, too high, or otherwise unacceptable to User.
184.108.40.206 Our Use of Account Information.Premium Users authorize us to use the account information for all purposes related to the Service,provided that such access shall be used solely for the purpose of providing the Service.
5.3. License. Subject to this Agreement, Rug Pull Finder grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own use, and solely as permitted by and in compliance with the Terms and Applicable Law. Such limited license may be revoked at any time in Rug Pull Finder’s sole discretion.
5.4. Prohibitions and Restrictions.
5.4.1 Prohibited Uses. You agree that you will not:Use the Website in any manner that could damage, disable, overburden, or impair the Website orinterfere with any other party’s use and enjoyment of it; Attempt to gain unauthorized access to any Website account, computer systems or networks associated with the Company or the Website; Obtain or attempt to obtain any materials or information through the Website by any means notintentionally made available or provided by the Company; Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; Modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; or Access the Service in order to build a similar or competitive website, product, or service.
5.4.2. Restrictions. Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed,republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to this Agreement. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof. You will not use the Website or Service for any illegal purpose.
5.5 Modification. Rug Pull Finder reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Rug Pull Finder will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
5.6 No Support or Maintenance. You acknowledge and agree that Rug Pull Finder will have no obligation to provide you with any support or maintenance in connection with the Website or Services.
5.8 Affiliates. The rights, duties and/or obligations of Rug Pull Finder under this Agreement may be exercised and/orperformed by Rug Pull Finder and/or any of Rug Pull Finder’s Affiliates, or any of their subcontractorsand/or agents. Rug Pull Finder acknowledges and agrees that it shall be solely responsible for the acts oromissions of Rug Pull Finder’s Affiliates, and any subcontractor or agent of Rug Pull Finder or any of RugPull Finder’s Affiliates, related to the subject matter hereof. You agree that any claim or action arising outof or related to any act or omission of any of Rug Pull Finder or Rug Pull Finder’s Affiliates, or any of theirrespective subcontractors or agents, related to the subject matter hereof, shall only be brought againstRug Pull Finder, and not against any of Rug Pull Finder’s Affiliates, or any subcontractor or agent of RugPull Finder or any of Rug Pull Finder’s Affiliates.
6. Feedback. We value your feedback on the Services, but please don’t send us suggestions for improvements, creativeideas, designs, pitch portfolios or other materials (collectively “Unsolicited Ideas”). This policy is aimed at avoiding potential disputes or misunderstandings when our Service might seem similar to UnsolicitedIdeas that people submit. We may currently be developing, have developed, or in the future will developideas or materials internally or receive idea or materials from other parties that may be similar toUnsolicited Ideas. If you ignore this policy and send us your Unsolicited Ideas anyway, you grant us a nonexclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferrable license under any and all intellectual property or other rights that you own or control to use, copy, modify,create derivative works based upon, make, have made, sell, offer for sale, import and otherwise exploitin any manger or medium whatsoever known now or in the future your Unsolicited Ideas for any purpose,without compensation to you.
7. Communication with Users. The Company, its affiliates, and the Platform are not the custodians of any NFTs viewable on the Platform. You affirm that you are aware and acknowledge that Company is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by Company or any third-party. The Company does not have a way to communicate directly with Users.
8. Intellectual Property.
8.1 Company Intellectual Property. User acknowledges and agrees that Company (or, as applicable, our licensors) own all legal right, title, andinterest in and to all elements of the Platform. The Rug Pull Finder logo, graphics, design, systems,methods, information, computer code, software, services, “look and feel”, organization, compilation ofthe content, code, data, and all other elements of the Platform (collectively, the “Company Materials”)are owned by Rug Pull Finder. The Website, Platform, Company Materials, and Content are protected bycopyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted touse the Services or Content in any manner, except as expressly permitted by the Company in these Terms. The Website or Content may not be copied, reproduced, modified, published, uploaded, posted,transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell,distribute, transmit, broadcast, or create derivatives without the express written consent of the Companyor the applicable owner. Except as expressly set forth herein, User’s use of the Platform does not grantUser ownership of or any other rights with respect to any content, code, data, or other materials that Usermay access on or through the Platform. Company reserves all rights in and to the Company Materials notexpressly granted to Users in the Terms.You may not use any Rug Pull Finder Content to link to the Platform or Content without our express written permission. You may not use framing techniques to enclose any Rug Pull Finder Content without ourexpress written consent. In addition, the look and feel of the Platform and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark,trademark, or trade dress of Rug Pull Finder and may not be copied, imitated, or used, in whole or in part,without our prior written permission.Not withstanding anything to the contrary herein, You understand and agree that You shall have no ownership or other property interest in your account, and You further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Rug Pull Finder.
8.2 Non-Company Intellectual Property. Outside the Company Materials, all other trademarks, product names, logos, images, and similar intellectual property on the Platform are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.
9. Third-Party Links, Products and Applications.
9.2 Third-party Applications. You acknowledge that your access and use of any third-party applications orsoftware on our Platform and Content, such as Know Your Customer “KYC” verification software (the“Third-Party Applications”), is at your discretion and risk, and the Company has no liability to you arisingfrom your use of the Third-Party Applications. The Company hereby disclaims any representation,warranty, or guaranty regarding the Third-Party Applications, whether expressed, implied or statutory,including, without limitation, the implied warranties of merchantability or fitness for a particular purpose,and any representation, warranty, or guarantee regarding the availability, quality, reliability, features,appropriateness, accuracy, completeness, or legality of the Third-Party Applications, and you agree toindemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, orconsequential damages, or any damages whatsoever including, without limitation, damages for loss ofuse, arising out of or in any way connected with the use or performance of the Third-Party Applications. The Company is not responsible for any personally identifiable information shared with any Third-Party Applications.
9.3 Release. You hereby release and forever discharge Rug Pull Finder (and our officers, employees,agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present andfuture dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of everykind and nature (including personal injuries, death, and property damage), that has arisen or arisesdirectly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, our partners or any other third party or any Third-party Links and Applications).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 INCONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TOCLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIMEOF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HISOR HER SETTLEMENT WITH THE DEBTOR.”
10. Indemnifcation. You agree to release, indemnify, and hold harmless Rug Pull Finder and its Affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of orin any way related to: (a) your access to, use of, or inability to use the Platform, the Website, or Service;(b) your breach of this Agreement; (c) your violation of any rights of a third party; (d) your violation of anyApplicable Law; and (e) any and all financial losses you may suffer, or cause others to suffer, due to trading or not trading NFTs whether or not such trades were made due to information learned on the Platform or through the Service.
11. Assumption of Risk.
11.1 User Acknowledges the Risk of Cryptocurrency and Smart Contracts. YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND ARE WILLING TO ACCEPT THE RISKSASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS SUCH AS SMART CONTRACTS, PUBLIC BLOCKCHAINNETWORKS (INCLUDING BUT NOT LIMITED TO THE ETHEREUM BLOCKCHAIN NETWORK), NON-FUNGIBLETOKENS, AND THE INTERPLANETARY FILE SYSTEM.
11.2 Company is Not Responsible for Technical Errors on Any Blockchain. COMPANY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR ANY OTHER BLOCKCHAIN NETWORK COMPANY MAY INTERFACE WITH, OR THE METAMASK WALLET OR ANY SIMILAR BROWSER OR WALLET ON ANY BLOCKCHAIN NETWORK INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK OR ANY OTHER BLOCKCHAIN NETWORK COMPANY MAY INTERFACE WITH, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. Upgrades to the Ethereum platform or any other blockchain network with which Company may interface, a hard fork in any such platform, or a change in how transactions are confirmed on any such platform may have unintended, adverse effects on all blockchains using the ERC-20, ERC-721, or ERC-1155 standards, including the Rug Pull Finder ecosystem.
11.3 The User Acknowledges the Risks of the Platform. You acknowledge that the Platform is subject to flaws and acknowledge that you are solely responsiblefor evaluating any information provided by the Platform. This warning and others provided in thisAgreement by Company in no way evidence or represent an ongoing duty to alert you to all of thepotential risks of utilizing or accessing the Platform. The Platform may experience sophisticated cyberattacks, unexpected surges in activity or other operational or technical difficulties that may causeinterruptions to or delays on the Platform. You agree to accept the risk of the Platform failure resultingfrom unanticipated or heightened technical difficulties, including those resulting from sophisticatedattacks, and you agree not to hold us accountable for any related losses. The Company will not bear anyliability, whatsoever, for any damage or interruptions caused by any viruses that may affect yourcomputer or other equipment, or any phishing, spoofing or other attack.
11.4 Company Does Not Make Any Representations Regarding the Value of NFTs or Other Digital Assets. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets couldmaterially and adversely affect the value of NFTs, which may also be subject to significant price volatility.A lack of use or public interest in the creation and development of distributed ecosystems could negativelyimpact the development, potential utility, or value of NFTs. The Platform, ETH, NFTs, and other digitalassets could be impacted by one or more regulatory inquiries or regulatory action. For all of the foregoingreasons, as well as for reasons that may not presently be known to the Company, the Company makesabsolutely no representations or warranties of any kind regarding the value of NFTs or other digital assets.
11.5 User Acknowledges Financial Risk of Digital Assets.The risk of loss in trading digital assets can be substantial. You should, therefore, carefully considerwhether such creating, buying or selling digital assets is suitable for you in light of your circumstances andfinancial resources. By using the Platform, you represent that you have been, are and will be solelyresponsible for making your own independent appraisal and investigations into the risks of a giventransaction and the underlying digital assets. You represent that you have sufficient knowledge, marketsophistication, professional advice, and experience to make your own evaluation of the merits and risksof any transaction conducted via any digital asset. Under no circumstances shall the Company be liable inconnection with your use of the Platform in connection with your performance of any digital assettransactions. Under no circumstances will the operation of all or any portion of the Platform be deemedto create a relationship that includes the provision or tendering of investment advice. User acknowledgesand agrees that Company is not a party to any agreement or transaction between one or more Usersand/or third-parties involving the purchase, sale, charge, or transfer of NFTs.
11.6 Violations by Other Users.User irrevocably releases, acquits, and forever discharges Company and its subsidiaries, affiliates, officers,and successors for and against any and all past or future causes of action, suits, or controversies arisingout of another user’s violation of these Terms.
12. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
12.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RUG PULLFINDER (OR OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FINANCIAL LOSS, LOSTPROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM ORRELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, PLATFORM, THE WEBSITE OR THESERVICES, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, ORANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, OR THE SERVICE EVEN IF RUG PULL FINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES OR SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANYDAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11.2 No Warranties. ALL INFORMATION OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE PLATFORM, INCLUDING,WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANYWARRANTIES OF ANY KIND. THE COMPANY AND ANY THIRD-PARTY LICENSORS WITH CONTENT ON THEWEBSITE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISIONCONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NOREPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY,COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PLATFORM OR ANYCONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PLATFORM. YOU SPECIFICALLYACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THEDEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITEAND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THECOMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THEWEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NOWARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILLFUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLYAGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES ANDTHEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OFSERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE PLATFORM OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANYFOR DISSATISFACTION WITH THE PLATFORM OR THE CONTENT IS TO CEASE YOUR USE OF THE PLATFORM,WEBSITE AND/OR THE SERVICE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATIONOF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHERRIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BEEXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT ANDSHORTEST DURATION PERMITTED BY LAW.
12.3 Not a financial planner, investment adviser or tax advisor.NEITHER RUG PULL FINDER NOR THE PLATFORM NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL,TAX, INVESTMENT OR FINANCIAL ADVICE. RUG PULL FINDER IS NOT A FINANCIAL OR TAX PLANNER ANDDOES NOT OFFER LEGAL ADVICE TO ANY USER OF THE SERVICE.
13. Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Platform or use the Service (the “Term”). We may suspend or terminate your rights to use the Platform or use theService at any time for any reason at our sole discretion, including for any use of the Platform or theService in violation of this Agreement. You may terminate this Agreement at any time by ending your useof the Platform and the Service and notifying Rug Pull Finder at email@example.com. Regardless of whether the User or the Company terminates this Agreement, the User will not be entitled to any refunds. Upon termination of your rights under this Agreement, your right to access and use the Platform and the Service will terminate immediately. Rug Pull Finder will not have any liability whatsoever to you for any termination of your rights under this Agreement. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions,warranty disclaimers, and limitation of liability.
14. General Terms.
14.2 Waiver.The waiver by Rug Pull Finder of a breach of any provision contained herein shall be in writing and shall inno way be construed as a waiver of any subsequent breach of such provision or the waiver of the provisionitself.
14.3 Governing Law & Jurisdiction.These Terms are governed by the laws of the United Kingdom. You hereby irrevocably consent to theexclusive jurisdiction and venue of the courts in the United Kingdom in all disputes arising out of or relating to the use of the Platform not subject to the Arbitration Agreement outlined in 14.4.
14.4 Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Rug Pull Finder and limits the manner in which you can seek relief from us. It is part of your contract with Rug Pull Finder and affects your rights. It contains procedures of MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
14.4.1 Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) inconnection with the Agreement or the use of any product or service provided by Rug Pull Finder thatcannot be resolved informally shall be resolved by binding arbitration on an individual basis under theterms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be heldin English. This Arbitration Agreement applies to you and Rug Pull Finder, and to any subsidiaries,Affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorizedor unauthorized users or beneficiaries of services or goods provided under the Agreement. ThisArbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief thatarose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
14.4.2 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 (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Rug Pull Finder should be sent to:
Rug Pull Finder
61 Bridge Street
Kington, HR5 3DJ
After the Notice is received, you and Rug Pull Finder may attempt to resolve the claim or dispute informally. If you and Rug Pull Finder do not resolve the claim or dispute within thirty (30) days after theNotice is received, either party may begin an arbitration proceeding. The amount of any settlement offermade by any party may not be disclosed to the arbitrator until after the arbitrator has determined theamount of the award, if any, to which either party is entitled.
14.4.3 Arbitration Procedure. Arbitration shall be held in London, UK, overseen by the London Court of International Arbitration (LCIA),and governed by the Arbitration Act 1996 (Arbitration Act). If the Parties do not agree on the selection ofa single arbitrator within ten (10) days after a demand for arbitration is made, then the arbitrator will beselected by LCIA from among its available professionals. Arbitration of all disputes and the outcome ofthe arbitration will remain confidential between the Parties except as necessary to obtain a courtjudgment on the award or other relief or to engage in collection of the judgment.The Parties irrevocably submit to the exclusive jurisdiction of the English courts, with respect to thissection to compel arbitration, to confirm an arbitration award or order, or to handle court functionspermitted under the Arbitrations Act of 1996. The Parties irrevocably waive defense of an inconvenientforum to the maintenance of any such action or other proceeding. The Parties may seek recognition andenforcement of any English court judement confirming an arbitration award or order in any English courtor any court outside the United Kingdom or its territories having jurisdiction with respect to recognitionor enforcement of such judgment.This provision for arbitration will not preclude a party from seeking temporary or preliminary injunctiverelief (“Provisional Relief”) in a court of law while arbitration proceedings are pending in order to protectits rights pending a final determination by the arbitrator, nor will the filing of such an action for ProvisionalRelief constitute waiver by a party of its right to seek arbitration. Any Provisional Relief granted by suchcourt will remain effective until otherwise modified by the arbitrator.
14.4.4 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONTOF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration underthis Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and lesscostly than rules applicable in a court and are subject to very limited review by a court. In the event anylitigation should arise between you and Rug Pull Finder in any English court in a suit to vacate or enforcean arbitration award or otherwise, YOU AND RUG PULL FINDER WAIVE ALL RIGHTS TO A JURY TRIAL,instead electing that the dispute be resolved by a judge.
14.4.5. Waiver of Class or Consolidated Actions.ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATEDOR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONECUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSEOF ANY OTHER CUSTOMER OR USER.
14.4.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice ofyour decision to opt out within thirty (30) days after first becoming subject to this Arbitration Agreement.Your notice must include your name and address, your Wallet address, and an unequivocal statement thatyou want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all otherparts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has noeffect on any other arbitration agreements that you may currently have, or may enter in the future, withthe Company. Mail your written notification by certified mail to:Rug Pull FinderAttn: Legal61 Bridge StreetKington, HR5 3DJUnited Kingdom
14.4.7 Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator andcompliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unlessotherwise required by law. This paragraph shall not prevent a party from submitting to a court of law anyinformation necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctiveor equitable relief.
14.4.8 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceableby a court of competent jurisdiction, then such specific part or parts shall be of no force and effect andshall be severed and the remainder of the Agreement shall continue in full force and effect.13.4.9 Right to Waive.Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the partyagainst whom the claim is asserted. Such waiver shall not waive or affect any other portion of thisArbitration Agreement.
14.4.10 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Rug Pull Finder.
14.4.11 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before an English courtin order to maintain the status quo pending arbitration. A request for interim measures shall not bedeemed a waiver of any other rights or obligations under this Arbitration Agreement.
14.4.12 Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, andinfringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shallnot be subject to this Arbitration Agreement.
14.4.13 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 English courts located in the City ofLondon, for such purpose.
14.5 Attorneys’ Fees and Costs.In addition to any relief, order, or award that is entered by an arbiter, or court as the case may be, anyParty found to be the substantially losing Party in any dispute shall be required to pay the reasonableattorneys’ fees and costs of any Party determined to be the substantially prevailing Party, and such losing Party, shall also reimburse or pay any of the arbitrator’s fees and expenses incurred by the prevailing Partyin any arbitration. In the context of this Agreement, reasonable attorneys’ fees and costs shall include but not be limited to:
14.5.1 legal fees and costs, the fees and costs of witnesses, accountants, experts, and other professionals,and any other forum costs incurred during, or in preparation for, a dispute;
14.5.2 all of the foregoing whether incurred before or after the initiation of a Proceeding; and
14.5.3 all such fees and costs incurred in obtaining Provisional Relief. It is understood that certain time entries that may appear in the billing records of such Party’s legalcounsel may be redacted to protect attorney-client or work-product privilege, and this will not preventrecovery for the associated billings.
14.6 Third Party Beneficiaries. Except as limited by Section 14.7, this Agreement and the rights and obligations hereunder shall bind and inure to the benefit of the parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder.
14.7 Entire Agreement. This Agreement and each of its exhibits or appendices, constitute and contain the entire agreementbetween the parties with respect to the subject matter hereof and supersedes any prior orcontemporaneous oral or written agreements. Each party acknowledges and agrees that the other hasnot made any representations, warranties or agreements of any kind, except as expressly set forth herein.
14.8 Severability.If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable,the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon theparties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof)were not contained in this Agreement.
14.9 Assignment.You may not assign or transfer any rights hereunder without the prior written consent of Rug Pull Finder.Except as provided in this section, any attempts you make to assign any of your rights or delegate any ofyour duties hereunder without the prior written consent of Rug Pull Finder shall be null and void. Rug PullFinder may assign this Agreement or any rights hereunder without consent.Company Contact Information. Questions can be directed to Rug Pull Finder at firstname.lastname@example.org.