Truebit Protocol Terms of Use
Last modified: November 1, 2023
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Truebit Co. (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, including our Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of the Truebit Protocol (the “Protocol”), including any content and functionality available thereon, whether as a guest or a registered user.
If the user engages with the Protocol under authority from a different party or on another party’s behalf, then “you” (and its variants, including “your” and “yours”) as used herein refers to the person on whose behalf the Protocol is used (e.g., an employer). If the person engaging with the Protocol is an individual, acting in their own individual capacity, then “you” refers to that individual. If you have anyone using the Protocol on your behalf, you agree that you are responsible for the actions and inactions of all such persons, as they were your own.
Please read the Terms of Use carefully before you start to use the Protocol. By using the Protocol, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not use the Protocol.
The Protocol is offered and available to users who are 18 years of age or older. By using the Protocol, you represent and warrant that you are of legal age to form a binding contract with Company. If you do not meet all of these requirements, you must not use the Protocol.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all use of the Protocol thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Protocol.
Your continued use of the Protocol following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you use the Protocol so you are aware of any changes, as they are binding on you
Accessing the Protocol and Account Security
We reserve the right to withdraw or amend the Protocol, and any content or materials available thereon or therethrough, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Protocol is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Protocol, or third party content on the Protocol, or the entire Protocol, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Protocol.
Ensuring that all persons who access the Protocol through your internet connection are aware of these Terms of Use and comply with them.
To use the Protocol or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Protocol that all the information you provide on the Protocol is correct, current, and complete. You agree that all information you provide to register with this Protocol or otherwise, including but not limited to through the use of any interactive features on the Protocol, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Protocol or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You also agree that all transactions and other actions you undertake on or using the Protocol are openly available to all other users on the blockchain, and potentially viewable by the general public.
You also understand that certain components of our infrastructure are decentralized, and that some or all of the hardware that hosts this decentralized infrastructure is provided by individuals who provide their own hardware for this purpose (the Node Providers, as defined below). You acknowledge and accept the risk that Node Providers are not under Company’s control, and may act independently (or fail to act in a manner you might prefer or expect).
WE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY ACTION OR INACTION OF NODE PROVIDERS. WE DO NOT UNDERTAKE TO REVIEW, CONFIRM THE ACCURACY, EFFECTIVENESS, COMPATIBILITY, OR SECURITY OF, OR OTHERWISE MONITOR ANY CONDUCT OF THE NODE PROVIDERS OR THE STATE OF THEIR EQUIPMENT. WE HAVE NO LIABILITY FOR, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES RELATING TO, THE CONDUCT OF NODE PROVIDERS OR THEIR EQUIPMENT. YOU HEREBY INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DAMAGES, OR LOSSES YOU MAY SUFFER DUE TO THE ACTION OR INACTION OF ANY NODE PROVIDER.
User-Provided Code Contributors
You may have the ability to upload new code that you develop (“User-Provided Code”) to be used in connection with the Protocol.
You also acknowledge and agree that you will provide users of your User-Provided Code all applicable terms and restrictions on use of the User-Provided Code, and notify them of all data that you will process through the User-Provide Code or as a result of its use by users (e.g., a privacy notice).
By uploading User-Provided Code to the Protocol:
You hereby grant us a perpetual, irrevocable, worldwide, transferable, sublicensable, fully paid up, and royalty free right and license to reproduce, prepare derivative works of, distribute, perform, publicly display, and use User-Provided Code for any purpose associated with the Protocol.
You hereby grant other users a limited, worldwide, non-transferable, non-sublicensable, fully paid up, and royalty free right and license to use the User-Provided Code that you have created in connection with the Protocol. Other users do not have the right to copy or modify your User-Provided Code.
You represent and warrant that:
User-Provided Code is your original work product.
You have all rights and authority required to grant the licenses granted herein.
User-Provided Code, and our and other users’ use thereof, will not infringe, misappropriate, or violate any third-party rights, including intellectual property, proprietary, publicity, or privacy rights.
User-Provided Code will be free from any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
User-Provided Code will function in accordance with the specifications you provide or make available, including when interacting or interoperating with the Protocol, if applicable.
All notices you provide to users of your User-Provided Code contain all necessary notices in compliance with all appliable laws, and such notices are accurate and complete in all respects.
WE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY CODE UPLOADED OR MADE AVAILABLE BY ANY PROTOCOL USER. WE DO NOT UNDERTAKE TO REVIEW, CONFIRM THE ACCURACY, EFFECTIVENESS, COMPATIBILITY, OR SECURITY OF, OR OTHERWISE MONITOR ANY CODE UPLOADED TO THE PROTOCOL BY ANY USER. WE HAVE NO LIABILITY FOR, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES RELATING TO, USER-UPLOADED CODE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF ANY CODE OR CONTENT PROVIDED BY ANY PARTY OTHER THAN COMPANY IS SOLELY AT YOUR OWN RISK. ALL SUCH CODE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE.’
Except for User-Provided Code, if any, the Protocol and its entire contents, features, and functionality (including but not limited to all information, smart contracts or other software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Protocol for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Protocol.
Node Providers
If you elect to do so, you may cause your computing devices to become part of the Protocol’s distributed infrastructure (you will then be referred to herein as a “Node Provider”). In order to serve as a Node Provider, you will need to download software that we provide to you. We hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use such software that we may make available to you for the sole purpose of serving as a Node Provider. By engaging in any activity as a Node Provider, you automatically authorize us to use your devices and hardware as part of the Protocol’s distributed infrastructure.
YOU HEREBY INDEMNIFY AND HOLD US HARMLESS AGAINST ANY DAMAGES OR LOSSES TO YOUR DEVICES, HARDWARE, AND EQUIPMENT WHICH MAY RESULT FROM YOU SERVING AS A NODE PROVIDER.
We may, in our sole discretion and at any time without notice, grant, deny, or revoke your role as a Node Provider. YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY ASSOCIATED WITH OUR DECISIONS REGARDING YOUR, OR ANY OTHER USER’S, ABILITY TO SERVE OR NOT SERVE AS A NODE PROVIDER.
Trademarks
Company’s name, the term TRUEBIT, Company’s logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Protocol are the trademarks of their respective owners.
Prohibited Uses
You may use the Protocol only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Protocol:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To transact in any type of securities recognized pursuant to applicable law.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Protocol, or which, as determined by us, may harm Company or users of the Protocol or expose them to liability.
Additionally, you agree not to:
Use the Protocol in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Protocol, including their ability to engage in real time activities through the Protocol.
Use any robot, spider, or other automatic device, process, or means to access the Protocol for any purpose, including monitoring or copying any of the material on the Protocol, except as strictly necessary to download User-Provided Code.
Use any manual process to monitor or copy any of the material on the Protocol or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Protocol.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Protocol, the server on which the Protocol is stored, or any server, computer, or database connected to the Protocol.
Copy, mirror or otherwise attempt to replicate or reproduce the Protocol, except for any such activities which are strictly necessary for you to serve as a Node Provider.
Attack the Protocol via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Protocol.
User Tasks
You may be able to perform tasks using the Protocol. As part of those tasks, you may grant us access to application programming interfaces ( “APIs”). You hereby grant us permission to access the systems and process any data available through the use of such APIs, using the credentials you provided to us in connection with your activities on the Protocol.
You represent and warrant that:
You own or control all rights in and to the credentials used to access the APIs;
You have the right to access and use the APIs and the data and content available through them, and to authorize us to do the same on your behalf; and
Use of the APIs or content/data available therethrough does and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any APIs and content/data available therethrough, and you, not Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User-Provided Code for any or no reason in our sole discretion.
Take any action with respect to any API or the User-Provided Code that we deem necessary or appropriate in our sole discretion, including if we believe that such materials violate the Terms of Use, including the Content Standards set forth below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Protocol or the public, or could create liability for Company.
Disclose your identity or other information about you to any third party who claims that material posted by you or that you use in connection with the Protocol violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Protocol.
Terminate or suspend your access to all or part of the Protocol for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Protocol. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The Protocol may include content provided by third parties, including materials provided by other users, code providers, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. However, we do not undertake to review any material before it is posted on the Protocol, and cannot ensure prompt removal of objectionable material after it has been posted. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. Accordingly, we assume no liability or responsibility for any transmissions, communications, or materials provided by any user or third party, or the contents or accuracy of same.
Copyright Policy
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Protocol infringe your copyright, you may request removal of those materials (or access to them) from the Protocol by submitting written notification to our copyright agent (designated below). However, on-chain materials may not be removable. YOU ACKNOWLEDGE AND UNDERSTAND THAT, DUE TO THE NATURE OF THE BLOCKCHAIN, WE MAY BE UNABLE TO REMOVE CERTAIN CONTENT, AND YOU HEREBY RELEASE AND INDEMNIFY COMPANY FROM AND AGAINST ANY CLAIMS OF COPYRIGHT INFRINGEMENT WITH RESPECT TO SUCH ON-CHAIN MATERIALS.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Protocol, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Truebit Compliance Department
Truebit Co.
318 Half Day Road, Suite 350
Buffalo Grove, IL 60089
Email: trademarks@truebit.io
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice will not be effective. In addition, if you request the removal of content which cannot be removed due to the nature of the blockchain, we will not be able to act on your request.
Please be aware that if you knowingly materially misrepresent that material or activity on the Protocol is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Reliance on Information Posted
The information presented on or through the Protocol, including User-Provided Code, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Protocol, or by anyone who may be informed of any of its contents.
Changes to the Protocol
We may update the Protocol from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Protocol may be out of date at any given time, and we are under no obligation to update such material. We may remove User-Provided Code at any time without notice, in our sole discretion.
Information About You and Your Visits to the Protocol
All information we collect on the Protocol is subject to our Privacy Policy. By using the Protocol, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Protocol
You may link to the Protocol, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You must not:
Establish a link from any website that is not owned by you.
Cause the Protocol or portions of it to be displayed on, or appear to be displayed by, any website, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on this Protocol that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
Links from the Protocol
If the Protocol contains links to other sites and resources provided by third parties (including other users), these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Protocol, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Protocol is based in the United States. We make no claims that the Protocol or any of its content is accessible or appropriate outside of the United States. Access to the Protocol may not be legal by certain persons or in certain countries. You agree that you access and use the Protocol on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Protocol or any materials available through it will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, CODE, OR OTHER MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO DUE YOUR USE OF ANY MATERIAL POSTED ON IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, CONTENT PROVIDED BY OTHER USERS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, CONTENT PROVIDED BY OTHER USERS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, CONTENT PROVIDED BY OTHER USERS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PROTOCOL OR THE EQUIPMENT USED BY THE NODE PROVIDERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR CONTENT PROVIDED BY OTHER USERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and legal costs) arising out of or relating to your violation of these Terms of Use, your breach of your representations and warranties herein, your use of the Protocol (including User-Provided Code), your use of the Protocol’s content, services, and products, or your use of any information obtained from the Protocol (including content provided by other users).
Governing Law and Jurisdiction
All matters relating to the Protocol and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the British Virgin Islands without giving effect to any choice or conflict of law provision or rule (whether of the British Virgin Islands or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Protocol shall be instituted exclusively in the courts of the British Virgin Islands, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising under these Terms of Use, or in connection with your use of the Protocol, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under generally applicable arbitration rules generally used in, and applying the laws of the British Virgin Islands.
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS, OUR WEBSITE (OR ANY PORTION OR ALL OF THE FOREGOING), INCLUDING THE BREACH, TERMINATION OR VALIDITY OF THESE TERMS, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE TERMS OF USE TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policyconstitute the sole and entire agreement between you and Truebit Co. regarding the Protocol you and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Protocol.
Your Comments and Concerns
This Protocol is operated by Truebit Co., 318 Half Day Rd, Suite #350, Buffalo Grove, Illinois 60089.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Protocol should be directed to: hello@truebit.io