Terms & Conditions

Terms and Conditions Date of Initial Publication: [DATE]. Last Updated: [DATE]. These terms and conditions (these "Terms") constitute a binding legal agreement between each individual, entity, group or association who views, interacts, links to or otherwise uses or derives any benefit from the Site (as defined below) ("Users") and I Like It Stable DAO LLC, a Marshall Islands DAO LLC and non-profit entity (the owner/operator of the Site) (collectively with its successors and assigns, the "Site Operator"). Please contact us on our Telegram channel @ilisdao, or at octopusxrd@gmail.com for any questions or issues. SITE OVERVIEW About the Site The Site aggregates and publishes publicly available third-party information about: the Radix network; the Liquify Smart Contract System and Liquify Smart Contract Protocol (collectively "Liquify Protocol"); Liquid Staking Units (LSUs) that exist on the Radix network and can be instantly unstaked through the Liquify Smart Contract System; liquidity positions created by users who provide XRD to facilitate instant unstaking; the discount rates and liquidity availability for instant unstaking operations; and transaction records relating to the Liquify Smart Contract System. The Site also offers interaction methods whereby the User can indicate a transaction the User would like to perform in connection with the Liquify Smart Contract System (such as providing liquidity, instant unstaking of LSUs, or managing liquidity positions). When used in this way, the Site can generate draft transactions which the User can independently use in conjunction with a third-party wallet application or device to conduct transactions on the Radix network. About Liquify Protocol The Liquify Smart Contract Protocol is software source code intended to be freely available to the public, which provides a decentralized protocol through which XRD can be deposited as liquidity to facilitate instant unstaking of LSUs. The Liquify Smart Contract System is a copy of the Liquify Smart Contract Protocol that has been compiled to bytecode and permanently associated with one or more specific public addresses on the Radix network. Through a compatible third-party wallet application or device and a connection to the Radix network, any User may pay Radix network fees to Radix Validators to operate and record the results of the Liquify Smart Contract System in accordance with the User's instructions, thus effectuating instant unstaking transactions. Relationship to Liquify Smart Contract System Using the Radix network or the Liquify Smart Contract System does not require use of the Site. The Site aggregates and publishes publicly available information about the Liquify Smart Contract System in a user-friendly and convenient format. Such information is also independently available from other sources—for example, a person may directly review transaction history, liquidity positions and the Liquify Smart Contract System on a compatible block explorer for the Radix network or submit transactions directly via Radix Transaction Manifests (RTMs). Disclaimers and Disclosures Important disclaimers and disclosures regarding the subject material of the Site can be found in Section 6. You should familiarize yourself with these disclaimers and disclosures and conduct your own thorough due diligence into the Liquify Smart Contract Protocol before using the Site. BINDING PROVISIONS 1. Certain Defined Terms "Blockchain" means a blockchain or distributed ledger technology or other similar technology. "Blockchain System" means the combination of (i) a Blockchain; and (ii) a network of devices operating software clients or software applications that jointly or individually store, validate, process transactions with respect to, update, resolve forks with respect to and otherwise maintain, read from and write to such Blockchain. "Blockchain Tokens" means virtual currencies, tokens and other units of account or mediums of exchange that are implemented on a Blockchain System. "XRD" means the Blockchain Tokens native to the Radix Network and the staking or use of which impacts which Radix Nodes have the ability to propose and validate new blocks on the Radix Network blockchain and are used to pay network transaction fees. "LSU" or "Liquid Staking Unit" means a fungible token representing staked XRD on the Radix network that can be freely transferred while continuing to earn staking rewards. "Radix Nodes" means, at each time, the internet-connected computers then running unaltered and correctly configured instances of the Radix Protocol software. "Radix Network" means, at each time, the canonical blockchain and virtual machine environment of the Radix Protocol 'mainnet', as recognized by at least a majority of the Radix Nodes then being operated in good faith in the ordinary course of the network. "Radix Protocol" means the most up-to-date production release of Radix Network client software. "Radix Validators" means, at each time, the Radix Nodes selected as a validator for the Radix Network at such time. "Liquify" or "Liquify Protocol" means, collectively, the Liquify Smart Contract Protocol and Liquify Smart Contract Systems. "Liquify Smart Contract Protocol" means the source code for Blockchain-based smart contracts intended to facilitate instant unstaking of LSUs. "Liquify Smart Contract Systems" means all blockchain-based smart contract bytecodes that: (i) are compiled from the Liquify Smart Contract Protocol (or any part thereof); and (ii) are deployed to the production Radix Network. "Site" means the web site, web pages, web applications and information and software available at or accessible through the URL liquifyxrd.app or any sub-URL of such URL and any other Liquify-related website or web application maintained by the Site Operator. 2. Site Operator Discretion; Certain Risks of the Site Each User hereby acknowledges and agrees and consents to, and assumes the risks of, the matters described in this Section 2. 2.1. Content Site Operator makes no representations or warranties as to the quality, origin, or ownership of any content found on or available through the Site. Site Operator has not undertaken any due diligence with respect to such content and Site Operator shall have no liability to any person in connection therewith. 2.2. User Acknowledges Volatility and Liquidity Risks Associated with Blockchain Systems User acknowledges that Blockchain Tokens, including LSUs and XRD, and blockchain-based smart contract systems are novel, experimental, inherently risky, and subject to change. Among other risks, changes to a Blockchain System may have unpredictable effects on all Blockchain Tokens, smart contracts and User funds. Instant unstaking through Liquify involves receiving XRD at a discount to the full redemption value of LSUs. Liquidity providers risk impermanent loss and changes in LSU redemption values. 2.3. User Acknowledges Platform Fee Risks User acknowledges that the Liquify Smart Contract System charges platform fees on instant unstaking operations, which reduce the XRD amount received by unstakers. These fees are subject to change through DAO governance. User understands that displayed discount rates on the Site may not account for platform fees until transaction preview. 2.4. No Site Operator Control Over Blockchain Systems. Site Operator does not have any ability to control or influence the operation of any Blockchain System or Liquify Smart Contract System. Site Operator cannot and does not have the ability to control or influence User transactions or enforce, modify, reverse or refund transactions. Once a User submits a transaction to a Blockchain System, the Site Operator cannot assist the User to cancel, reverse or recover lost funds. Site Operator has no control over Radix Validators, which independently confirm Blockchain Transactions according to the Radix Protocol. Use of the Liquify Smart Contract System and use of the Radix Network are subject to third-party transaction fees (i.e., Radix network fees). The Site Operator does not receive such fees and has no ability to reverse or refund any amounts paid in error. 2.5. Site Operator Has No Business Plan and May Discontinue, Limit, Terminate or Refuse Support for the Site or any Smart Contracts, Tokens or Liquidity Positions The Site is a free web application operated and maintained in the sole and absolute discretion of the Site Operator, which is a non-profit entity. The Site Operator assumes no duties, liabilities, obligations or undertakings to continue operating or maintaining the availability of the Site and may terminate or change the Site in any or all respects at any time. The Site Operator has no business plan or revenue model for the Site. The Site Operator does not have revenues or a viable long-term business plan or capital-raising plan beyond its initial operational funding, and may become unable or unwilling to fund the operational costs of the Site on a long-term basis or to fund the upgrade costs required to keep the Site up to date with current technologies. The Site Operator has no obligation to ensure that the Site is a complete and accurate source of all information relating to the Liquify Smart Contract System, the Radix Network, or any other subject matter. The Site does not necessarily display all LSUs that are available for instant unstaking or all liquidity positions in connection with the Liquify Smart Contract System. Even if the Site currently displays particular liquidity or unstaking information, the Site may discontinue tracking and publishing information about such operations at any time, in the Site Operator's sole and absolute discretion. In the event of such a discontinuation, Users may need to rely on third-party resources such as block explorers or Radix Nodes in order to get equivalent information, and, depending on the User's level of expertise and the quality of such third-party resources, this may result in the User incurring financial losses due to delays or mistakes in processing information or transactions. The Liquify Smart Contract Protocol may be made available under a free open-source license, and the Site Operator does not have proprietary or exclusive rights in all copies or derivatives thereof. It is possible that additional copies of the Liquify Smart Contract Protocol or derivatives thereof will be deployed to the Radix Network or other Blockchain Systems in the future by any person, resulting in the existence of multiple 'Liquify-branded' smart contract systems. The Site Operator is under no obligation to publish information for all such copies of the Liquify Smart Contract Protocol or to warn Users regarding the existence of such alternatives. 2.6. User Acknowledges the Risks of Using Blockchain Technology. Among other risks, the Site may emphasize liquidity positions with certain characteristics (such as specific discount rates or auto-unstake features), display inaccurate discount rates, liquidity availability or other metrics, experience bugs, errors or delays, be hacked or exploited, or otherwise fail partially or fully to operate as intended or described. The smart contracts, programs, websites, protocols, third-party wallet applications and other open-source software and technologies used in connection with the Site or Liquify Smart Contract System may have bugs, errors, defects, or operate improperly. Site Operator is not responsible for any of the foregoing issues and Site Operator will not be liable to User for any related losses. Furthermore, User interacts with the Site at User's own risk. 2.7. Certain Tax Consequences. All fees, costs, expenses and other liabilities incurred by User are the sole responsibility of User. Site Operator does not provide personal advice with respect to taxation issues and User is responsible for User's own tax reporting requirements and any taxes that may arise from User's use of the Site. User represents and warrants to Site Operator that User will accurately report and pay all such taxes in compliance with the laws and regulations of User's jurisdiction(s). 3. Prohibited Actions User agrees not to engage in any of the activities set forth below while using the Site: 3.1. User will not violate, or assist any party in violating, any law, statute, ordinance, regulation or rule of any self-regulatory or similar organization of which User is or is required to be a member through User's use of the Site or otherwise. 3.2. User will not provide false, inaccurate or misleading information while using the Site. 3.3. User will not infringe upon or misappropriate any contract, intellectual property or other third-party right, or commit a tort or unlawful act (including defaming, abusing, harassing or stalking) while using the Site. 3.4. User will not use the Site to engage in conduct that is fraudulent or illegal. 3.5. User will not use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Site or the Liquify Smart Contract System, or that could damage, disable, overburden or impair the functioning of the Site or the Liquify Smart Contract System in any manner. User will not attempt to circumvent any content-filtering techniques we employ, or attempt to access any service or area of the Site that User is not authorized to access. 3.6. User will not use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not provided by us to access the Site or the Liquify Smart Contract System, or to extract data, or otherwise interfere with or modify the rendering of Site pages or functionality. User will not use data collected from the Site or the Liquify Smart Contract System to contact individuals, companies, or other persons or entities. User will not use any data collected from the Site or the Liquify Smart Contract System for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing). 3.7. User will not employ or use any programs, algorithms or methodology, or engage in any trading activity, that interferes or attempts to interfere with the proper working of the Site or any User's use of the Site. This includes, without limitation: (i) wash trading; (ii) front running; (iii) manipulating the price of any item, including LSUs or liquidity positions; (iv) using the Site or data collected from the Site for the purpose of manipulating or deceiving any third party; (v) placing misleading liquidity positions or orders; (vi) engaging in liquidity provision manipulation, including providing liquidity with the intent to disrupt instant unstaking operations. 3.8. User will not use the Site to carry out any financial crime, including without limitation money laundering, terrorist financing, tax evasion, or sanctions evasion. 3.9. User will not use the Site to infringe upon, violate or misappropriate the privacy, publicity, intellectual property, or other proprietary rights of any third party, including infringing, violating or misappropriating any patent, trademark, trade secret, copyright, right of privacy, right of publicity or any other intellectual property or proprietary right of any party. 3.10. User will not transact in securities, commodities futures, trading of commodities on a leveraged, margined or financed basis, binary options (including prediction-market transactions), sale of leveraged exchange-traded funds, transact in other financial instruments (including tokenized stocks) or provide financial services via the Site. For the avoidance of doubt, LSUs, XRD and liquidity positions are not intended to be and should not be characterized as securities or other regulated financial products. 3.11. User will not otherwise use the Site or the Liquify Smart Contract System in a manner contrary to any Terms or for any unlawful or unauthorized purpose. User acknowledges that engaging in prohibited activities may result in termination of access to the Site. 4. Assumption of Risk By accessing and using the Site, User acknowledges that there are risks associated with holding, using and purchasing Blockchain Tokens, including LSUs and XRD, and using blockchain-based technology such as the Liquify Smart Contract System or Radix Network. User acknowledges and accepts all such risks. User acknowledges and agrees that Site Operator will not be responsible or liable, directly or indirectly, for any damage or loss incurred by User in connection with User's access or use of the Site or the Liquify Smart Contract System. User releases Site Operator from all liability related to User's use of the Site and User's participation in LSU instant unstaking or liquidity provision. User assumes full responsibility for all decisions to buy, sell, transfer, exchange or otherwise dispose of or not dispose of Blockchain Tokens, including LSUs and XRD. To the fullest extent permitted by law, User acknowledges and agrees that Site Operator owes no fiduciary duties or liabilities to User or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived and eliminated. 5. User Representations User represents and warrants to Site Operator that: 5.1. Legal Capacity; Compliance with Laws User is of legal age in the jurisdiction in which User resides (at least 18 years of age) and is of sound mind. User is legally permitted to use the Site and the Liquify Smart Contract System under all applicable laws, rules and regulations of the jurisdictions that apply to User. User will comply with all applicable laws, rules and regulations, including, without limitation, all tax laws and regulations, in connection with using the Site. User is not located in, established in, citizen of or resident of any jurisdiction that is subject to economic sanctions by the Marshall Islands. User has not been previously suspended or removed from using the Site or any other blockchain-based services. 5.2. Non-U.S. Person User is not a citizen, resident, or entity organized under the laws of the United States. 5.3. Understanding and Sophistication User has sufficient knowledge and experience in financial and business matters, including but not limited to LSU mechanics, unstaking periods, and liquidity provision risks, such that User can evaluate the risks and merits of using the Site and the Liquify Smart Contract System. User understands and accepts the risks of instant unstaking at a discount and liquidity provision. 5.4. No Unlawful or Prohibited Activities; Sanctions User has not and will not use the Site or the Liquify Smart Contract System to conduct, promote or facilitate illegal activities, including without limitation money laundering, terrorist financing, tax evasion, sanctions evasion, buying or selling illegal drugs, contraband, counterfeit goods, or items subject to U.S. export controls, including software and technology. Furthermore: User is not: (a) the subject of economic or trade sanctions administered or enforced by any applicable governmental authority; (b) a person identified on any list of prohibited or restricted parties maintained by any governmental authority or international organization; (c) located in, organized in, a citizen of, or resident of a jurisdiction that is comprehensively sanctioned or embargoed by the United States, United Kingdom, European Union, any EU country, the UN Security Council, or any other relevant government (including the U.S. Treasury Department's Specially Designated Nationals list and Foreign Sanctions Evaders list), or the European Union (EU) or its member states; a senior foreign political figure, any member of a senior foreign political figure's immediate family or any close associate of a senior foreign political figure (together, Prohibited Localities), unless the Site Operator (I Like It Stable DAO LLC), after being specifically notified by the User in writing that it is such a person, conducts further due diligence and determines that the User shall be permitted to use the Site; or as trustee, agent, representative or nominee for a foreign shell bank. The tokens or other funds User uses to participate in the Liquify Smart Contract System or the Radix Network are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law. 5.5. Non-Reliance User is knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies and assets, including the Radix Network, tokens (including LSUs and XRD), instant unstaking systems, liquidity provision systems and "smart contracts" (runtime bytecode deployed to the Radix Network or another blockchain). User has conducted its own thorough independent investigation and analysis of the Liquify Smart Contract System, the Radix Network and the other matters contemplated by these Terms, and has not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of Site Operator in connection therewith, except as expressly set forth by Site Operator in these Terms. 6. Risks, Disclaimers and Limitations of Liability Each User hereby acknowledges and agrees and consents to, and assumes the risks of, the matters described in this Section 6. 6.1. No Consequential, Incidental or Punitive Damages Notwithstanding anything to the contrary contained on the Site, in these Terms, or in any other agreement or publication, Site Operator shall not be liable to any person, whether in contract, tort (including pursuant to any cause of action alleging negligence), warranty or otherwise, for any economic or other damages to any User or other person, including any special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, loss of business or other economic loss) arising out of or related to these Terms, whether or not Site Operator has been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory asserted. 6.2. Disclaimer of Representations The Site is being provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, Site Operator is not making, and hereby disclaims, any and all information, statements, omissions, representations and warranties, express or implied, written or oral, equitable, legal or statutory, in connection with the Site and the other matters contemplated by these Terms, including any representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability or fitness for any particular purpose, workmanship or technical quality of any code or software used in or relating to the Site. User acknowledges and agrees that use of the Site is at the User's own risk. 6.3. No Responsibility for Tokens or Liquidity; No Guarantee of Discount Rates or Liquidity Availability Site Operator has no responsibility for the tokens or liquidity utilized by Users in connection with the Liquify Smart Contract System or the Radix Network. Site Operator does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any token utilized by Users in connection with the Liquify Smart Contract System or the Radix Network, even if information about such token is available on the Site. Site Operator does not guarantee any particular discount rates for instant unstaking or the availability of liquidity at any given time. 6.4. No Professional Advice or Liability All information provided by or on behalf of Site Operator is for informational purposes only and should not be construed as professional, accounting or legal advice. Users should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of Site Operator. Before Users make any financial, legal, or other decisions involving the Site, Users should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate. 6.5. Limited Survival Period for Claims Any claim or cause of action a User may have or acquire in connection with the Site or any of the other matters contemplated by these Terms shall survive for the shorter of, and may be brought against Site Operator solely prior to: (a) the expiration of the statute of limitations applicable thereto; and (b) the date that is six months after the date on which the facts and circumstances giving rise to such claim or cause of action first arose. 6.6. Third-Party Offerings and Content References, links or referrals to or connections with or reliance on third-party resources, products, services or content, including smart contracts developed or operated by third parties, may be provided to Users in connection with the Site. In addition, third parties may offer promotions related to the Site. Site Operator does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. Users access and use such third-party resources at their own risk. User's dealings with any third parties accessed through the Site are solely between User and such third parties. Site Operator will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings and User understands that this Site's information does not constitute, and should not be taken as, the giving of investment or financial advice by Site Operator. 6.7. Certain Security Risks Site Operator has implemented administrative and technical functions designed to secure access to and information provided on or through the Site. Nevertheless, breach attempts and breaches are likely to occur. Site Operator cannot guarantee continuous, error-free, secure or virus-free operation of the Site. Users must use caution, good judgment and common sense in using the Site. User is solely responsible for (a) any unauthorized use of any account User may create on the Site; (b) use of User's account by any person other than User; and (c) protecting the confidentiality of any credentials, private keys, passwords or seed phrases User uses to access the Site or any blockchain wallet. Site Operator is not responsible for any damage or losses related to any unauthorized access to any account User may have on the Site. Blockchain Transactions on the Radix Network are publicly accessible and available to all. User's public key and/or wallet address is visible to anyone and can be used to view User's Blockchain Tokens and transaction history on a Blockchain. Site Operator has no responsibility for the security of User's private key or wallet. Regulatory Uncertainty. Blockchain technologies and digital assets are subject to many legal and regulatory uncertainties, and the Radix Network, Liquify Smart Contract System or any tokens could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit the ability of User to continue the use and enjoyment of such assets and technologies. Cryptography Risks. Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to Blockchain Systems, the Radix Network, Liquify Smart Contract System or tokens, including the theft, loss or inaccessibility thereof. Essential Third-Party Software Dependencies. The Radix Network, Liquify Smart Contract System and other relevant Blockchain Systems and smart contracts are public software utilities which are accessible directly through any compatible node or indirectly through any compatible "wallet" application which interacts with such a node. Interacting with the Liquify Smart Contract System does not require use of the Site, but the Site provides a convenient and user-friendly method of reading and displaying data from the Liquify Smart Contract System and generating standard transaction messages compatible with the Liquify Smart Contract System. Because the Site does not provide wallet software or nodes for the Radix Network, such software constitutes an essential third-party or user dependency without which the Liquify Smart Contract System cannot be utilized, and tokens cannot be traded or used. Furthermore, the site may utilize APIs, middleware and servers of Site Operator or third parties, and Site Operator does not guarantee the continued operation, maintenance, availability or security of any of the foregoing dependencies. 6.8. Tax Issues The tax consequences of purchasing, selling, holding, transferring or providing liquidity with tokens or otherwise utilizing the Liquify Smart Contract System are uncertain, may vary by jurisdiction and may be adverse to a User. Site Operator has undertaken no due diligence or investigation into such tax consequences, assumes no obligation or liability to optimize the tax consequences to any person and is not providing any tax advice. 6.9. Legal Limitations on Disclaimers Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to specific Users. The disclaimers and limitations of liability provided in these terms shall apply to the fullest extent permitted by applicable law. 6.10. Officers, Directors, Etc. All provisions of these Terms which disclaim or limit obligations or liabilities of Site Operator shall also apply, mutatis mutandis, to the officers, directors, secretary, supervisors, members, employees, independent contractors, agents, stockholders, debtholders and affiliates of Site Operator. 6.11. Indemnification Each User shall defend, indemnify, compensate, reimburse and hold harmless Site Operator (and each of its officers, directors, secretary, supervisors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to (a) User's use of, or conduct in connection with, the Site; (b) User's violation of these Terms or any other applicable policy or contract of Site Operator; or (c) User's violation of any rights of any other person or entity. 7. Governing Law; Dispute Resolution 7.1. Governing Law These Terms shall be governed by and construed and interpreted in accordance with the laws of the Marshall Islands (irrespective of the choice of laws principles) as to all matters, including matters of validity, construction, effect, enforceability, performance and remedies. Although the Site may be available in other jurisdictions, each User hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or specific personal jurisdiction over Site Operator in any forum outside the Marshall Islands. 7.2. Settlement Negotiations If a User has a potential legal dispute, claim or cause of action against Site Operator, the User shall first (prior to initiating any litigation proceedings) contact Site Operator by sending an email to octopusxrd@gmail.com describing the nature of the potential dispute, claim or cause of action and providing all relevant documentation and evidence thereof. User shall use commercially reasonable efforts to negotiate a settlement of any such legal dispute, claim or cause of action within 60 days of the delivery of such email. Any such dispute, claim or cause of action that is not finally resolved by a binding, written settlement agreement within such 60 days shall be brought and resolved exclusively in accordance with the following provisions of this Section 7. 7.3. Agreement to Binding, Exclusive Arbitration Mandatory Binding Arbitration. All disputes between User and the Site Operator that cannot be resolved through the settlement process set forth in Section 7.2 shall be submitted to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be the Marshall Islands. The language of the arbitration shall be English. The arbitrator shall have exclusive authority to resolve all disputes between User and Site Operator, including but not limited to disputes arising out of or relating to the interpretation or application of these Terms, including the enforceability, revocability or validity of these Terms or any portion of these Terms, including but not limited to this Section 7.3. The arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could order or grant including, without limitation, specific performance of any obligation created under these Terms, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. The decision of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be confidential and the arbitrator shall issue appropriate protective orders to safeguard each party's confidential information. Jury Trial Waiver. To the fullest extent permitted by applicable law, and except for disputes in which either party seeks to bring an individual action in small claims court if it so qualifies, or unless User opts out as provided in this Section 7.3, User and Site Operator each waive the right to a trial by jury for all disputes between User and Site Operator. Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any action, suit or other legal proceeding arising out of or related to these Terms or the transactions contemplated hereby. Confidentiality of Arbitration. Except to the extent necessary to enforce their respective rights under these Terms or as otherwise required by applicable law or regulation, the parties undertake to maintain confidentiality as to the existence and events of the arbitration proceedings and as to all submissions, correspondence and evidence relating to the arbitration proceedings, save for disclosure to the relevant party's auditors, legal counsel or other advisors. This provision shall survive the termination of the arbitral proceedings. Court Jurisdiction. To the extent that any court is required to consider the enforceability of this Section 7.3, to enforce any judgment of the arbitrator, then, without limiting this Section 7.3 or any other provision of this Agreement, the User (A) hereby irrevocably and unconditionally submits to the jurisdiction of the courts of the Marshall Islands for such purpose; (B) agrees not to commence any suit, action or other proceeding arising in connection with or based upon this instrument or the matters contemplated by this instrument except before the courts of the Marshall Islands, and (C) hereby waives, and agrees not to assert, by way of motion, as a defence, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this instrument or the subject matter hereof or thereof may not be enforced in or by such court. 7.4. Class Action Waiver. All Users hereby agree that any arbitration or other permitted action with respect to any Dispute shall be conducted in their individual capacities only and not as a class action or other representative action, and the Users expressly waive their right to file a class action or seek relief on a class basis. 8. Changes to these Terms Site Operator may update or modify these Terms from time to time in its sole discretion. All changes will be effective immediately when posted, and apply to all access to and use of the Site thereafter. The updated version of these Terms will be indicated by an updated "Last Updated" date on these Terms. User's continued use of the Site following the posting of any changes constitutes acceptance of those changes. Site Operator may also, in the future, offer new services and/or features through the Site. Such new features and/or services shall be subject to these Terms. 9. General 9.1. Entire Agreement These Terms constitute the sole and entire agreement between User and Site Operator with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. 9.2. Assignment User may not assign any rights or obligations User may have under these Terms without the prior written consent of Site Operator. Site Operator may assign these Terms in whole or in part at any time without User's consent. 9.3. Not Registered with the SEC or Any Other Agency Site Operator is not registered with the U.S. Securities and Exchange Commission as a broker dealer, investment advisor or in any other capacity. User agrees and acknowledges that Site Operator does not broker trading orders on User's behalf. Site Operator also does not facilitate the execution or settlement of User's transactions, which occur entirely on public distributed blockchains like the Radix Network. 9.4. Notice Any notice, demand or other communication under these Terms shall be effective only if it is in writing and sent via email to the applicable party at the email addresses set forth below, or to such other email address as any party may notify the other during the term of these Terms: If to Site Operator: octopusxrd@gmail.com If to User: the email address(es), if any, that User provides when setting up an account on the Site. 9.5. Severability If any provision of these Terms is found to be invalid, unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions of these Terms. 9.6. Force Majeure Events Site Operator will not be liable for any loss or damage arising from any event beyond Site Operator's reasonable control, including but not limited to acts of God, natural disasters, war, acts of terrorism, labor disputes, floods, fire, epidemics or pandemics, governmental action or failure of the Internet or other networks (each, a "Force Majeure Event"). Force Majeure Events may result in the Site being unavailable for prolonged periods of time. Site Operator may in its reasonable discretion take whatever actions it deems necessary in response to a Force Majeure Event, including but not limited to suspending, modifying or terminating Site services. 9.7. No Waiver The failure of Site Operator to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. 9.8. Contact Information Questions, comments and requests regarding these Terms should be addressed to octopusxrd@gmail.com.