Our terms of service
Updated 11 Dec, 2023
Introduction
Please read these Terms and Conditions ("Terms" or "Terms and Conditions" or "Terms of Use" or "Agreement") carefully before using the <https://aqueduct.finance/> website or associated applications ("Services", "Company" "Platform", "Protocol", "App" or "Website") operated by Aqueduct Finance, Inc. ("Company", "Aqueduct", us", "we", or "our"). For purposes of these Terms, "Company" or "we" shall refer to the Company protocol, website, application, and any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries. "You" or "user" shall refer to the individual or entity using the Services or accessing the Website.
By using the Services you are explicitly agreeing with these Terms and representing that you will at all times be in compliance with these Terms. You understand that these Terms apply to all visitors, users and others who access or use any Services or products provided by the Services (the "Services", "Service" or "Products"). These Terms explain the conditions by which you may access and use the Services, and by clicking "Accept," or by using or accessing the Services in any manner, you represent that you have carefully read in full these Terms, understand these Terms, and accept that your use of these Services are fully governed by these Terms. By clicking "Accept" or accessing or using the Services, you confirm that you have read, understand, and fully agree to be bound by the Terms in their entirety. Any and all use of the Services is an express and implied acceptance of the Terms, equivalent to clicking "Accept." If you do not agree to any of the Terms outlined here, you are not authorized to access or use, and should not use, the Services.
The Terms detail important information including explicit rules regarding eligibility to use the Services, your rights in regards to use of the Services, and procedures detailing how any potential disputes may be resolved. By accepting the Terms, you understand that the Services are only available to users who agree completely with these terms, in their entirety. By using the Services, you expressly confirm and represent that you are an eligible user pursuant to the eligibility requirements detailed below. You confirm that you personally are legally capable of being bound by a legal contract, pursuant to the laws and regulations governing the jurisdiction in which you reside and/or from where you use the Services. Your use of the Services is an express acceptance for both yourself, and any company or entity which you may represent, to be legally bound by the Terms provided herein.
Your Crypto Wallet
To use the Services, you may need to connect using a crypto wallet or other wallet software offered by a third party ("wallet" or "crypto wallet"). By accepting these Terms or using the Services, you acknowledge that the Company is not responsible for yours or any user's relationship with their third-party wallet provider and you confirm that you understand the Company has no responsibility regarding any transactions involving your wallet.
The Company at no point exercises control in regards to crypto tokens or other assets ("crypto" or "tokens" or "digital assets") held in your wallet, and at no point has any control or involvement regarding transactions that you or another party may from your wallet or using your private keys. By connecting your wallet to the Services, including any related applications, you confirm your understanding of these Terms, and explicitly agree to be bound by these Terms.
By agreeing to these Terms and using the Services, you fully accept responsibility for, and recognize that the Company will not be liable to you, in connection with your use of a wallet. Your choice of third-party wallet is yours alone and the Company makes no representation regarding how the Services may or may not 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 or not operating in a manner which you intended.
By agreeing to these Terms and using the Services, you recognize and agree that the Services are non-custodial. You understand that the Company does not ever have custody, possession, or control of your digital assets at any time. You understand that you, and not Company, are solely responsible for the custody of your digital assets and any related private key(s) or seed phrase(s) required for conducting transactions.
Inherent Risk in Crypto Transactions and Your Explicit Assumption of Risk
By accepting these Terms or using the Services, you explicitly agree that you fully understand and assume all risks, known and unknown, associated with cryptocurrency, digital assets, blockchain technology, financial technology, and other similar or related systems, products, or Services.
By accepting these Terms or using the Services, you expressly represent that you possess the technical and financial expertise and sophistication needed to fully appreciate the risks associated with cryptocurrency, digital assets, blockchain technology, financial technology, and other similar or related systems, products, or Services.
By accepting these Terms or using the Services, you expressly represent that you fully understand all risks, and assume all risks, involved with engaging or transacting with any entity, person, or Services that provides, or purports to provide, a means for exchanging or transacting digital assets. You expressly agree that Company has no liability regarding any consequences due to the risk inherent in crypto, including but not limited to: technological shortcomings and flaws, scams and frauds, failure of stablecoin or tokens that represent themselves as stablecoins, cybersecurity incidents, regulatory action, limited adoption, project or protocol failure, market panic, or extreme price volatility.
Smart Contract Irreversibility
By accepting these Terms or using the Services, you expressly represent and agree that you fully understand how smart contracts work and the irreversibility of blockchain transactions executed by smart contracts. You represent that you have sufficient sophistication and expertise to appreciate the risks of conducting smart contract transactions. Further, you represent your understanding that smart contract transactions may incur a fee, may take significant time, and may fail. Your use of the Services is an express confirmation that you understand that any transaction involving blockchain technology or a smart contract, including a cross-chain bridge, involves risks both known and unknown, and any entity, protocol, treasury, or similar may be subject to irreversible hacks, security breaches, governance attacks, cyber incidents, or any other activity that may result in the loss or other impact on your tokens or other assets.
The Services may utilize a smart contract with open-source software that is designed to operate in a self-executing manner on public blockchains. By using the Services, you explicitly recognize and understand that the smart contract as it is designed to be self-executing. Transactions that occur via smart contracts operating on blockchain technology are considered irreversible once executed. By using the Services you expressly agree that you, not the Company, are fully responsible for all transactions and interactions involving your assets and understand the irreversible nature of smart contracts and blockchain technology. By agreeing to these Terms or using the Services, you recognize that the Company does not facilitate the execution or settlement of your transactions which occur entirely on the public blockchains.
No Liability for Losses
By accepting these Terms or using the Services, you expressly agree that the Company is not responsible - and you confirm that you, or any entity that you are associated with, will not seek to hold Company responsible - for any financial or property loss you or any other entity may incur, whether such loss is or is not intended, expected, predictable, foreseeable. You expressly agree and understand that Company cannot be held liable for any loss or adverse consequence that occurs for any reason as part of your use of the Services. By accepting these Terms or using the Services, you expressly understand and agree to assume full responsibility for all of the risks and consequences of accessing and using the Services.
Modifications to Terms of Service
The Company may modify these Terms at any time without prior notice and/or without seeking your consent. The Terms posted on Company's website will be considered the current version of the Terms and your continued usage, access, or interaction with the Services will be an explicit agreement and confirmation that you fully accept the current version of the Terms, regardless if they are modified in any manner from when you originally accepted the Terms, either by checking "Accept" or by your implicit agreement by using the Services.
User Eligibility
You are forbidden from accessing the Services where such access is prohibited by applicable law. The Services and Services are not offered to persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in the United States of America (collectively, "US Persons"). Moreover, no Services are offered to persons or entities who reside in, are citizens of, are located in, are incorporated in, or have a registered office in any Restricted Territory (as defined below, and any such person or entity from a restricted territory, a "Restricted Person"). We do not make exceptions; therefore, if you are a US Person, then do not attempt to use any of the Services. Use of a virtual private network ("VPN") to circumvent the restrictions set forth herein is prohibited.
People who reside or are located in, or are citizens of the following locations are restricted from using https://aqueduct.finance:
Afghanistan, Albania, Algeria, Andorra, Angola, Anguilla, Armenia, Aruba, Azerbaijan, Bangladesh, Belize, Benin, Bhutan, Bolivia, Bosnia & Herzegovina, Botswana, Brunei, Burkina Faso, Burma (Myanmar), Burundi, Cambodia, Cameroon, Cape Verde (Cabo Verde), Central Africa Republic, Chad, China, Comoros, Congo, Dem. Rep., Congo, Repub. of the, Cook Islands, Cote d'Ivoire, Cuba, Djibouti, Dominica, East Timor (Timor-Leste), Ecuador, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, The, Gaza Strip, Georgia, Ghana, Grenada, Guinea, Guinea-Bissau, Guyana, Haiti, Iran, Iraq, Jamaica, Kazakhstan, Kiribati, North Korea, Kosovo, Kyrgyzstan (Kyrgyz Republic), Laos, Lebanon, Lesotho, Libya, Macau, Madagascar, Malawi, Maldives, Mali, Marshall Islands, Mauritania, Mauritius, Mayotte, Micronesia, Fed. St., Moldova, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Namibia, Nauru, Nepal, Nicaragua, Niger, Pakistan, Palau, Palestine, Panama, Papua New Guinea, Russia, Rwanda, Saint Helena, Samoa, Sao Tome & Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Sudan, Suriname, Swaziland, Syria, Tajikistan, Tanzania, Togo, Tonga, Turkmenistan, Tuvalu, Ukraine (only the following regions are restricted: Zaporizhzhia, Kherson, Crimea, Luhansk and Donetsk regions), Uganda, United States of America, Uzbekistan, Vanuatu, Venezuela, Wallis and Futuna, West Bank, Western Sahara, Yemen, Zambia, Zimbabwe,
As a condition to accessing or using the Services, you represent and warrant to the Company the following:
If you are entering into these Terms as an individual, then you have the legal capacity to enter into these Terms and be bound by them. You are at least 18 years of age.
If you are entering these Terms as an entity, then you must have the legal authority to accept these Terms on that entity's behalf, in which case "you" (except as used in this paragraph) will mean that entity.
You are not located within the United States, a resident of the United States, or acting on behalf of (1) any corporation, partnership, limited liability company, or other business entity organized or incorporated under the laws of the United States or having its principal place of business in the United States; (2) any fund or collective investment vehicle that is organized under U.S. law or primarily marketed to U.S. residents; (3) any trust governed by U.S. law; (4) any branch or agency of a foreign entity located in the United States; (5) any special purpose vehicle ("SPV") or other entity established for the purpose of facilitating a transaction for a U.S. person; or (6) for an affiliate of any of the above. For the avoidance of doubt, any person classified as a "U.S. Person" under Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 is prohibited from entering into these Terms.
You are not a resident, citizen or agent of, or incorporated in, and do not have a registered office in Cuba, North Korea, Iran, Libya, Iran, Lebanon, Central African Republic, Sudan, Syria, Somalia, Venezuela, Yemen, Russia, Myanmar (Burma), the regions of Crimea, Donetsk or Luhansk, or any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the United States (collectively, "Restricted Territories").
You are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) (collectively, "Sanctioned Person").
You do not intend to transact with any Restricted Person or Sanctioned Person.
You do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services.
Your access to the Services (a) is not prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over the Company, you, the Website or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity; and (b) does not contribute to or facilitate any illegal activity.
The Services may only be used by eligible users and may not be used by prohibited individuals or entities, or be used by any individual for a purpose that violates any law or regulation issued by a governmental authority. By accepting these Terms or using the Services, you expressly confirm and represent that you understand the user eligibility requirements and your agreement to only use the Services for legal purposes.
By accepting these Terms or using the Services you expressly represent and affirm that you are not prohibited by any government body or regulatory agency from utilizing the Services and products provided by the Services.
By accepting these Terms or using the Services you expressly represent that you or any entity that you represent or are affiliated with are not a citizen of, reside in, are located in, a jurisdiction that is currently under a sanctions program implemented by the United States government, European Union, United Kingdom, or any government or regulatory authority whose authority in this regard is recognized by the United States government, European Union, or United Kingdom.
By accepting these Terms or using the Services you expressly represent that you or any entity that you represent or are affiliated with are not named on any list of prohibited or restricted parties issued by the United States government, European Union, or any government or regulatory authority whose authority in this regard is recognized by the United States government, European Union, or United Kingdom.
By accepting these Terms or using the Services you expressly represent that you or any entity that you represent or are affiliated with are not subject to any sanctions, including economic or trade sanctions, administered or enforced by the United States government, European Union, United Kingdom or any government or regulatory authority whose authority in this regard is recognized by the United States government, European Union, or United Kingdom.
By accepting these Terms or using the Services you warrant that all information, including but not limited to your name, date of birth, identification documents, location information, nationality, address, and personal contact information, that you may have provided in relation to your access to the Services, including to any third party entities that Services or its affiliates may engage with to ensure compliance with all applicable laws and regulations, is accurate. You confirm that you will not use any technological device or process to evade any user eligibility requirements or otherwise violate the Terms.
By accepting these Terms or using the Services you recognize that the Company reserves the right to cooperate with any law enforcement, court, government, or regulatory investigation or order, or comply with information requests and legally binding orders from third parties. You understand that the Company may at any time, without your permission, disclose any information or content related to Services operations, users, products, or Services.
Prohibited Activity
By accepting these Terms or using the Services you expressly agree that your usage of the Services will at all times fully comply with all applicable laws and regulations. You confirm that you have not, and will not, access or use the Services to conduct, promote, or otherwise facilitate any activity that is illegal, immoral, unethical, including under the laws of any jurisdiction of which you or Company are subject to laws and regulations.
By accepting these Terms or using the Services you agree that you will not engage in, or attempt to engage in, any illegal or unethical activities in relation to your access and use of the Services. You expressly recognize that the following activities are prohibited and understand that any attempt to engage in the following activities is an explicit violation of the Terms:
Any activity that violates any applicable law, rule, statute, guidance, or regulation of any jurisdiction of which you are subject to laws and regulations; or
any activity that violates, or appears to violate, any rule issued by a government body or regulatory authority regarding market integrity or consumer protection or investor protection, including but not limited to rules prohibiting market manipulation, unfair and deceptive tactics, misleading marketing, spoofing, wash trading, frontrunning, and other prohibited activities; or
any activity that violates, or appears to violate, any rule issued by a government body or regulatory authority regarding the trading or issuance of securities or derivatives; or
any activity that is intended to, or could result in, interference with the functioning of any computer, computer device, computer network, server, or related information technology system; or
any activity that involves or could involve soliciting information or any other interaction from anyone under the age of 18; or
any activity that is or could be deemed harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, sexually explicit, libelous, invasive of another's privacy, hateful, discriminatory, racially insensitive, or otherwise objectionable; or
any activity that attempts to, or has the potential to, defraud Company or any person or entity; or
any activity that is involved in or facilitates, knowingly or unknowingly, the transaction of illegally obtained or stolen items; and
any activity that infringes on or violates any copyright, trademark, or other legally recognized proprietary or intellectual property rights.
No Fiduciary Duties or Investment Advice
By agreeing to these Terms or using the Services, you accept and understand that your usage of the Services does not impose any fiduciary or quasi-fiduciary duty on the Company. You confirm and agree that Company owes no fiduciary duty or liabilities to you or any other party, and you expressly consent that to the extent any such fiduciary duty or liability may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.
By agreeing to these Terms or using the Services, you understand that no language, representation, or inference provided by Company is investment advice or should be construed as any recommendation regarding the purchase and sale of any digital asset.
You are Responsible for Your Tax Obligations
By agreeing to these Terms or using the Services, you recognize that you are solely and entirely responsible for complying with all applicable laws and regulations, including laws detailing tax liability and whether taxes apply to any transactions you undertake in relation to your use of the Services.
Waiver of Liability, Release of Claims, and Indemnification
By accepting these Terms or using the Services, you expressly agree that you fully understand and assume all risks in connection with your access and use of the Services. You expressly assume each and every one of these risks, whether or not they are explicitly disclosed or may develop after you consented to these Terms. By accepting these Terms or by using the Services, you expressly waive and release Company from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Services. For residents of California you expressly waive the benefits and protections of California Civil Code § 1542.
By accepting these Terms and using the Services, you expressly agree to hold harmless, release, defend, and indemnify Company and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your access and use of the Services, your violation of any term or condition of this Agreement, or any other party's access and use of the Services with your assistance or using any device or account that you own or control.
No Warranties & Limitation of Liability
By accepting these Terms and using the Services, you expressly recognize and agree that the Services are provided on an "AS IS" and "AS AVAILABLE" basis.
By accepting these Terms and accessing and using the Services, you acknowledge and agree that your use of the Services is fully at your own risk. You confirm your understanding that Company has not represented, and does not represent, that access to the Services will be continuous, uninterrupted, timely, or secure; that any information available as part of your use of the Services will be reliable, current, complete, or accurate. We do not warrant that the Services are free from errors, defects, viruses, or other flaws that may inconvenience the user. Company does not endorse and has no responsibility for statements made by third parties, including advertisements, offers, or other information.
DISCLAIMER OF WARRANTY: TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
By agreeing to these Terms and using the Services, you acknowledge the risks and expressly agree that you will not attempt to hold any developer or entity involved in creating or improving the Services liable for any loss or claims related to your use of the Services.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY COSTS OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE FOR LOSS OF PROFITS, TANGIBLE AND INTANGIBLE PROPERTY, REPUTATION, OR ASSETS THATS RESULTS OR RELATES TO YOUR USE OF THE SERVICES OR A THIRD PARTY'S USE OF THE SERVICES. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE HELD RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM A CYBER INCIDENT OR PROTOCOL EXPLOIT, INCLUDING BUT NOT LIMITED TO HACKING, TAMPERING, GOVERNANCE HACK, OR OTHER UNAUTHORIZED ACCESS, EXPLOIT, OR UNAUTHORIZED USE OF THE SERVICES. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE RESPONSIBLE FOR LIABLE TO YOU (OR ANY USER OR THIRD PARTY) FOR ANY: (A) PERSONAL INJURY OR PROPERTY DAMAGE OR LOSS, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SERVICES; (B) UNAUTHORIZED ACCESS OR USE OF ANY INFORMATION TECHNOLOGY, SERVER, OR DATABASE RELATED TO THE SERVICES; (C) INTERRUPTION OR SHUTTERING OF THE SERVICES; (D) ERRORS, MISTAKES, OR INACCURACIES REGARDING INFORMATION TRANSMITTED BY ANY USER OR PERSON INVOLVED WITH THE SERVICES; (E) CYBER ATTACKS, INCLUDING VIRUSES OR OTHER MALWARE; AND (F) ANY OFFENSIVE, ILLEGAL, DEFAMATORY CONDUCT OF ANY USER, ENTITY, OR THIRD PARTY.
Privacy Policy
By accessing, browsing, submitting information to and/or using the Website and/or the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy (https://aqueduct.finance/privacy-policy), incorporated herein by reference, and to comply with all applicable laws including, without limitation, all national, regional, and local tax and tariff laws, regulations, and/or directives. Accordingly, under Article 6 of the General Data Protection Regulation, or "GDPR," users in the European Union acknowledge and consent to our processing of personal data as necessary for the performance of these Terms, any applicable agreements, and use of the Website and/or the Services.
Company Intellectual Property
You acknowledge and agree that the Company (or, as applicable, our licensors) owns all legal rights, title, and interest in and to all elements of the Service. The Company logo, graphics, design, systems, methods, information, computer code, software, services, "look and feel", organization, compilation of the content, code, data, and all other elements of the Service (collectively, the "Company Materials") are owned by the Company. The Website, Services, Company Materials, and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website 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 Company or the applicable owner. Except as expressly set forth herein, your use of the Service does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that User may access on or through the Service. The Company reserves all rights in and to the Company Materials not expressly granted to users in the Terms. You may not use any Company Content to link to the Website or Content without our express written permission. You may not use framing techniques to enclose any Company Content without our express written consent. In addition, the look and feel of the Website and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of the Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Notwithstanding 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 the Company.
Dispute Resolution Process & Governing Law
By accepting these Terms and using the Services, you agree to approach any potential dispute with the Company or any user of the Services with good faith. In the scenario that a dispute arises, your acceptance of these Terms and use of the Services requires you to contact business@aqueductfinance.com to provide an opportunity to amicably and informally resolve the dispute prior to you undertaking further formal action. In the scenario that no resolution is reached within 90 days of you contacting the Company, you agree to follow the formal dispute resolution process outlined below.
By accepting these Terms and using the Services, you agree that any dispute, claim, or controversy related to your use of the Services, your understanding of these Terms, or any alleged act or omission for which you believe Company or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries may be liable. You expressly consent and agree that any and all of such disputes, claims, or controversies shall be finally and exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. By accepting these Terms and using the Services, you understand and agree to resolve any and all disputes, cases, or controversies related to your use of the Services by binding arbitration. Arbitration proceedings shall be held on a confidential basis before a single arbitrator, who will be chosen pursuant to JAMS rules. The arbitration will be held in the State of North Carolina unless the Company chooses to hold it elsewhere. Company in no circumstance will be required to consent to the consolidation of your claims with those of any other party, and an arbitrator will be allowed to do so only with express permission of Company. You understand and agree that any arbitration conducted pursuant to these Terms shall be governed by the United States' Federal Arbitration Act and the U.S. federal and state courts of North Carolina will be the proper forum for any relevant appeals.
By accepting these Terms or using the Services, you expressly agree to bring any and all claims, controversies, legal actions or other disputes against Company in your capacity as an individual and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This includes class arbitration. In any legal claim, you expressly agree to waive the right to demand a trial by jury.
By accepting these Terms or using the Services, you warrant that you fully understand and accept these provisions regarding dispute resolution in their entirety, including the informal dispute resolution process, the requirement for binding arbitration and expressly agreeing to pursue any legal disputes as an individual plaintiff and not as a plaintiff in or member of a class action.
By accepting these Terms or using the Services, you agree that any disputes, conflicts, cases, or controversy related to your use of the Services or understanding of these Terms shall be adjudicated by the laws of North Carolina. You understand and agree that regardless of any conflict of laws, the laws of North Carolina govern these Terms and your agreement with Company to follow these Terms, and any disputes or controversies between Company and you.
By accepting these Terms or using the Services, you understand that this is a legally binding agreement between you and Company in regards to your access and use of the Services. You expressly agree to these Terms in their entirety, and warrant that you fully understand your rights under these Terms. You understand and agree that these Terms supersede any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the Services or your use of the Services.