👮Terms of Service
STEADYSTACK STACKMINING PLATFORM TERMS OF USE & STACKMINING FRACTIONAL MINING TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Effective Date: August 1, 2023
These STEADYSTACK STACKMINING PLATFORM TERMS OF USE & STACKMINING FRACTIONAL MINING TERMS OF SERVICE and our Privacy Policy located at https://calculator.steadystacknft.com (the “Privacy Policy”) together with any documents and/or additional terms they expressly incorporate by reference (these “Terms” or “Agreement”) constitute a legal agreement and are entered into by and between you (“Customer,” “you,” “your” or “user”) and Stack Labs Inc. a British Virgin Islands corporation (“SteadyStack”, “we”, “us” or “our”) and contains the terms and conditions that govern your access to and use of, the website, including all information and graphical interface therein, located at https://calculator.steadystacknft.com (the “Platform”) including any content, functionality, and services offered on or through the Platform including, without limitation, the purchase of fractional digital currency mining services, any services provided on or in connection with those services and all services we may provide from time to time accessible via the Platform (the “Services”, which includes the “Platform”).
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND STEADYSTACK THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 22 “DISPUTE RESOLUTION; ARBITRATION'' BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 22 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 23 “GOVERNING LAW AND VENUE” WILL APPLY INSTEAD
AGREEMENT AND ACCEPTANCE OF TERMS.
BY ACCESSING OR USING THE SERVICES AND/OR PURCHASING SERVICES OR SOMETHING FROM US YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND ALL OF THE TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE OR HYPERLINK. YOUR USE OF THE SERVICES FURTHER CONFIRMS YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, OR ANY SUBSEQUENT AMENDMENTS, CHANGES OR UPDATES TO THE TERMS YOU MAY NOT USE THE SERVICES AND YOU MUST NOT ACCESS OR USE THE SERVICES.
MODIFICATION TO TERMS.
We reserve the right in our sole discretion to revise, change, modify and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. If we make Any and all such modifications, we will provide notice of such updating the “Effective Date” date at the beginning of these Terms. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these Terms. If you do not agree to the Terms, you may not access or use the Services. If you do not understand the meaning of any terms within these Terms, or within any of the Services, we strongly encourage you not to use the Services.
The information and material contained on or in the Services may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time or for any period.
SERVICE ELIGIBILITY.
You may only use or access the Services if you:
are at least 18 years old or older if required for SteadyStack to lawfully provide the Services to you without parental consent (including using your personal data);
have capacity to form a binding contract with SteadyStack;
have not previously been suspended or removed access to the Services;
are not otherwise barred or prohibited from using the Services under applicable law; and
have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a part.
By using or accessing our Services, you represent and warrant that you:
are at least 18 years old or older if required for SteadyStack to lawfully provide the Services to you without parental consent (including using your personal data);
have capacity to form a binding contract with SteadyStack;
have not previously been suspended or removed access to the Services;
are not otherwise barred or prohibited from using the Services under applicable law;
have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party;
are not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us, through your use of the Services; and
will not use the Services if any applicable law or regulation in the province, state, territory, or country in which you reside prohibit you from doing so in accordance with these Terms;
you will comply with all applicable laws e.g., local, state, federal and other laws) when using the Services.
are not located in a country that is subject to a U.S. Government embargo;
are not listed on any U.S. Government list of prohibited, sanctioned, or restricted parties.
The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. Use of the Services is void where prohibited by applicable law. It is your responsibility to follow the rules and laws in your country of residence and/or country from which you access the Services. If you access or use the Services, you are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right, but have no obligation, to monitor where our Services are accessed from. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses and unique device identifiers or to any user who we believe is in breach of these Terms.
STACKMINING PLATFORM.
The Services include the ability to access and use the Platform, which may include various information and may facilitate interactions with certain decentralized cryptographic protocols and blockchains. You may participate in the Services via the Platform by linking your digital wallet on supported bridge extensions, which allows you to engage in transactions using certain cryptocurrencies. Before purchasing any Services, we will ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension.
STACKMINING FRACTIONAL MINING SERVICE.
Definitions. In addition to any other terms defined herein, the following terms shall have the following prescribed meaning within these Terms:
“Contribution”–means an amount paid to SteadyStack by an Eligible Purchaser.
“Eligible Purchaser”–means a user who meets the qualifications set by SteadyStack, in its sole and absolute discretion at any time, to provide a Contribution to SteadyStack.
“Fractional Allocation”–means the portion of the StackMining Pool equivalent to an Eligible Purchaser’s Contribution minus any associated Fees.
“Mining Power”–means all hardware, software, and the related services procured by SteadyStack through Third-Party Providers or otherwise to obtain computational power to generate Mining Rewards.
“StackMining Pool”– means the total Mining Rewards generated by the StackMining Power minus any associated Expenses.
“Mining Rewards”–means the digital asset, cryptocurrency, virtual currency, digital currency, or digital commodity (e.g., Bitcoin, Litecoin, Dogecoin) produced by the proof-of-work cryptographic protocol of a computer network.
Fractional Mining Procurement Services. An Eligible Purchaser may provide SteadyStack with a Contribution. If an Eligible Purchaser provides SteadyStack with a Contribution, SteadyStack shall, upon the terms and conditions contained within these Terms:
use the Contribution, minus any applicable Fees (defined herein), to obtain Mining Power for the StackMining Pool;
provide the Eligible Purchaser with the corresponding Fractional Allocation, minus any applicable Fees (defined herein) of the StackMining Pool.
Service Modifications. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features, information, calculations, data, or any parts thereof or otherwise) at any time and without liability (“Service Modifications”). We have no obligation to update you on any changes and Service Modifications. You agree that it is your responsibility to monitor all changes and Service Modifications.
Costs and Fees. SteadyStack shall be entitled to receive and/or deduct from the Eligible Purchaser and the Eligible Purchaser shall pay to and/or authorizes the deduction by SteadyStack the applicable operational, management, yield share and other fees and expenses as stipulated and in accordance with the fee schedule posted on the Platform (the “Fee Schedule”) or otherwise set forth in these Terms (the “Fees”).
For clarity and the avoidance of any doubt, SteadyStack shall be entitled to receive and/or deduct from the Eligible Purchaser and the Eligible Purchaser shall pay to and/or authorizes the deduction by SteadyStack the at least the following minimum fees:
ten percent (10%) of the Contribution as a management fee (the “Management Fee”); and
twenty percent (20%) of the Factional Allocation as a yield share fee (the “Yield Share Fee”).
Eligible Purchaser further agree to pay all other applicable fees, which includes transactional fees and gas fees that fund the network of computers that run the decentralized blockchain network. Eligible Purchaser will be responsible for paying all such fees.
Eligible Purchaser hereby authorizes SteadyStack, and our agents and designated payment processor, to automatically charge you for any such and all Fees or deduct such and all Fees directly from any amounts paid or received by the Eligible Purchaser. SteadyStack reserves the right to change the Fee Schedule or any of the Fees at any time, for any or no reason, without notice and without liability or penalty.
Taxes. Purchasers are solely responsible for all costs incurred by you in using the Services and determining, collecting, reporting and paying all applicable Taxes. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Services. We reserve the right to report any activity occurring using the Services to relevant tax authorities as required under applicable law. Each party shall be responsible for all Taxes imposed on its income or property. You agree that SteadyStack is not in any case and under no conditions or circumstances be responsible for determining whether taxes apply to you or to the Services or for collecting, reporting, withholding or remitting any taxes arising from any transactions or services. You also agree that SteadyStack is not in any case and under no conditions bound to compensate for your tax obligation or give you any advice related to tax issues. All fees and charges payable by you to SteadyStack are exclusive of any taxes, and shall certain taxes be applicable, they shall be added on top of the payable amounts. If any deduction or withholding is required by law, you will notify SteadyStack and will pay SteadyStack any additional amounts necessary to ensure that the net amount received by SteadyStack, after any deduction and withholding, equals the amount SteadyStack would have received if no deduction or withholding had been required. Additionally, you will provide SteadyStack with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
Suspension or Termination. We may suspend or terminate your access to the Services at any time as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Terms or the terms of any Third Party Provider. Such suspension or termination shall not be constituted a breach of these Terms by SteadyStack. In accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services.
THIRD-PARTY SERVICE PROVIDERS.
You hereby agree and acknowledge that the Services, or some portion(s) of the Services, may be provided by one or many agents, vendors (“Third Party Providers”) and third parties including any agents, vendors and third parties used by the Third Party Providers. SteadyStack reserves the right to provide the Service directly or through any Third Party Providers.
You hereby agree and acknowledges that the Services may be modified by Third Party Providers, including but not limited to the: performance and configuration of the Services, the content and parameters of the Services; the Fees associated with the Services; and the availability of the Services at any particular time or location.
SteadyStack does not bear any responsibility, whether expressed or implied or statutory, in respect of non-infringement as to the Services provided by external Third-Party Providers. We make no representations or warranties that the Services will be uninterrupted, timely, secure, or error-free; nor do we make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the above, as additionally specified by us.
SteadyStack will not be liable, to the maximum extent permitted by applicable law, for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages, arising out of using Third Party Providers. The latter includes, but is not limited to:
any power outages, maintenance, defects, system failures, mistakes, omissions, errors, defects, viruses, delays in operation or transmission or any failure of performance;
any unauthorized access, alteration, deletion, destruction, damage, loss or failure to store any data, including records, plugins, private key or other credentials, associated with usage of Third Party Providers; and
Force Majeure Event, communications failure, theft or other interruptions. “Force Majeure Event” means a failure or delay in performance or any loss or damage due to a force majeure condition, which include, without limitation, acts of God, acts of civil or military authority, war, labor strike, embargo, terrorist act, civil disturbances, fire, power failure, lightning, flood, earthquake, landslide, hurricane, typhoon, tsunami, volcanic eruption, accident, electrical storms, load reduction and curtailment, inclement weather, health pandemic or epidemic, national, local or regional emergency, any law, order, decrees, regulation, seizure, enforcement actions or other action of any governmental authority or agency, regulatory requirements, acts or omissions of a third-party owner or operator of a hosting facility, other acts or omissions of a third-party, acts of public enemies, inability to secure parts or materials, mechanical breakdown (including technological or information systems), plant shutdown, unavailability of or interference with necessary transportation, any raw material or power shortage, or other causes beyond a party’s reasonable control, whether or not similar to the foregoing, along with any planned service and maintenance needs.
NO RELIANCE; ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.
The content on or in the Services is provided for general information purposes only. It is not intended to amount to advice on which you should rely or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.. We are not responsible if information made available on this site is not accurate You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on or in the Services. Any reliance on the material on or in the Services is at your own risk.
The content on or in the Services may contain certain historical information. Historical information, by definition, is not current and is provided for your reference only. We may provide historical information regarding profitability that is based on information available to us. This information is not provided as financial advice and is not intended to provide any indication of future profitability. All use of such information is at your sole risk.
The content on or in the Services that may include information about allocations, power, outputs, rates, projections, yields, ratios, revenues, averages, earnings and profitability calculations are for informational purposes only. We does not warrant that your Fractional Allocation, Fractional Allocation Output will achieve the same profitability or earnings as calculated on Platform or provided to you through the Services. You hereby acknowledge that it is possible that your Fractional Allocation, Fractional Allocation Output would not be as profitable as indicated on informational calculations or would not be profitable at all.
The content on or in the Services may include content provided by third parties, including from other users, third party licensors or Third Party Providers. All statements and/or opinions expressed in any such third-party content are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of SteadyStack. Neither SteadyStack nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party or Third Party Providers, for the content or accuracy of any third-party materials.
Although we make reasonable efforts to update the information on or in the Services, we make no representations, warranties, or guarantees, whether express or implied, that the content on or in the Services is accurate, complete, or up to date. Your use of the Services is at your own risk and neither the SteadyStack nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or Third-Party Providers have any responsibility or liability whatsoever for your use of this Services.
COMMUNICATION.
You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that SteadyStack may provide in connection with the Services and these Terms. You agree that SteadyStack may provide these communications via email, discord or through a communication channel within the Services.
INTELLECTUAL PROPERTY.
SteadyStack retains all copyright and other intellectual property rights, including inventions, discoveries, knowhow, processes, marks, methods, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon over all content and other materials contained within the Services or provided in connection with the Services, including, without limitation, the SteadyStack logo and all designs, text, graphics, pictures, information, data, software, source code, as well as the compilation thereof, sound files, other files and the selection and arrangement thereof (collectively, “SteadyStack Content”) are the proprietary property of SteadyStack or our affiliates, licensors or users, as applicable. This material is protected by international copyright laws and other intellectual property right laws, namely trademark. These Terms shall not be understood and interpreted in a way that they would mean assignment of copyright or other intellectual property rights, unless it is explicitly defined so in these Terms. You may not use any SteadyStack Content to link to the Services without our express written permission. You may not use framing techniques to enclose any SteadyStack Content without our express written consent.
SteadyStack and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights therein. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, services mark or other proprietary rights notices incorporated in or accompanying the Services.
References to any other products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise on the Services does not constitute or imply endorsement, sponsorship or recommendation by SteadyStack.
SteadyStack hereby grants you a limited, nonexclusive and non-sublicensable license to access and use the SteadyStack Content, copyrighted work and other intellectual property for your personal or internal business use. Such license is subject to these Terms and does not permit any resale, the distribution, public performance or public display, modifying or otherwise making any derivative uses, use, publishing, transmission, reverse engineering, participation in the transfer or sale, or any way exploit any of the SteadyStack Content, copyrighted work and other intellectual property other than for their intended purposes. This granted license will automatically terminate if SteadyStack suspends or terminates your access to the Services.
FEEDBACK.
We appreciate feedback, including, but not limited to, suggestions, ideas, comments, posts, proposals or other information or materials regarding the Services, the improvements to the Services or related products that you provide, whether by email, message, post, another medium of communication or otherwise (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
SteadyStack will own exclusive rights, including all intellectual property rights, to any Feedback and you irrevocably assign any and all intellectual property rights on such Feedback unlimited in time, scope and territory to SteadyStack. Any Feedback you submit is non-confidential and shall become the sole property of SteadyStack. SteadyStack will be entitled to the unrestricted use, modification or dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You waive any rights you may have to the Feedback. We have the right to remove any Feedback you make on the Services in our sole discretion.
LICENSE TO ACCESS AND USE THE SERVICES AND STEADYSTACK CONTENT; GENERAL PROHIBITIONS.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and SteadyStack Content; provided, however, that such license is subject to these Terms and does not include any right to:
modify, mark any derivative uses of, sell, resell or use commercially the Services or SteadyStack Content (or any portion thereof), or distribute, publicly perform or publicly display any SteadyStack Content;
download (other than page caching) any portion of the Services or SteadyStack Content, except as expressly permitted by us;
use, display, mirror or frame the Services or any individual element within the Services, SteadyStack Content or other SteadyStack proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
provide false or misleading information to SteadyStack (including posing as another person or create a misleading username);
use or attempt to use another user’s digital wallet without authorization from such user and SteadyStack;
use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner (including by engaging in any activity that poses a threat to the Services or SteadyStack, for example by distributing a virus or other harmful code, or through unauthorized access to the Services or other users’ digital wallets);
develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services;
reverse engineer, or attempt to decipher, decompile, disassemble or reverse engineer, any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Services, area or code of the Services;
access, tamper with, or use non-public areas of the Services, SteadyStack’s computer systems, or the technical delivery systems of SteadyStack’s providers;
attempt to probe, scan or test the vulnerability of any SteadyStack system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SteadyStack or any of SteadyStack providers or any other third party (including another user) to protect the Services;
attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including any robot, spider, crawler, scraper, script, browser extension, offline reader, data mining tools or the like) or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Services pages or functionality other than the software and/or search agents provided by SteadyStack or other generally available third-party web browsers;
use data collected from our Services (including any personally identifiable data) to contact individuals, companies, or other persons or entities, or for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
use the Services to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance;
engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control, or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Services);
engage in wash trading or other deceptive or manipulative trading activities;
use the Services to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments;
use the Services to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners the rights to participate in an ICO or any Securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi (or decentralized finance) yield bonuses, staking bonuses, and burn discounts;
send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
impersonate or misrepresent your affiliation with any person or entity;
fabricate in any way any transaction or process related thereto;
disguise or interfere in any way with the IP address of the computer you are using to access or use the Services or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Services;
transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or fraudulent activity; or
otherwise use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
SteadyStack is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content and the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
HYPERLINKS.
You are granted a limited, revocable, nonexclusive, non-transferable right to create a text hyperlink to the Services for non-commercial purposes, provided that such link does not portray SteadyStack, Third-Party Providers or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking platform does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable or in violation of these Terms.
OBLIGATIONS; RESTRICTIONS.
When accessing or use the Services, you warrant and agree that you:
will not use the Services for any purpose that is unlawful or prohibited by these Terms;
will not violate any law, contract, intellectual property or other third-party right or commit a tort;
are solely responsible for your conduct while accessing the Services;
will not access or use the Services in any manner that could damage, disable, overburden, or impair the provision of the Services or interfere with any other party's use and enjoyment of the Services;
will not misuse and/or maliciously use the Services, you will particularly refrain from using network botnets or use the Services without the knowledge or awareness of the lawful owner;
will not perform or attempt to perform any kind of malicious attacks on blockchains with the use of the Services;
will not use the Services for any kind of market manipulation or disruption, such as but not limited to Services disruption and manipulation.
TERMINATION.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your access to all or a portion of the Services and its related services or any portion thereof and delete or deactivate your access to the Services and all related information and files at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law. You may disconnect your digital wallet at any time.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law, to:
terminate all rights and obligations between you and SteadyStack derived from these Terms;
modify, suspend or discontinue, temporarily or permanently, any portion of the Services; or
provide enhancements or improvements to the features and functionality of the Services, which may include patches, bug fixes, updates, upgrades and other modifications. Any such change may modify or delete certain portion, features or functionalities of the Services. You agree that SteadyStack has no obligation to provide any updates, continue to provide or enable any particular portion, features or functionalities of the Services to you. You further agree that all changes will be deemed to constitute an integral part of the Services, and subject to these Terms.
The following Sections will survive the expiration or termination of these Terms and any termination, discontinuation or cancellation of the Services: all defined terms and Sections 5.4, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, and 22.
DISCLAIMERS.
THE SERVICES, STEADYSTACK CONTENT CONTAINED THEREIN, AND ANY NFTS OR OTHER CRYPTOCURRENCY ASSETS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, INCLUDING ALL FAULTS AND DEFECTS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STEADYSTACK MAKES NO REPRESENTATIONS AND WARRANTIES AND YOU WAIVE ALL WARRANTIES OF ANY KIND. PARTICULARLY, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE STEADYSTACK MAKES NO REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR OTHER SERVICES RELATED TO STEADYSTACK, THE PLATFORM, THE SERVICES, STEADYSTACK CONTENT CONTAINED THEREIN, AND ANY NFTS OR OTHER CRYPTOCURRENCY ASSETS LISTED THEREIN OR ANY RELATED PROVISIONS PROVIDED BY THIRD PARTIES AND/OR THIRD PARTY PROVIDERS, INCLUDING ANY WARRANTY THAT SUCH SERVICES WILL BE UNINTERRUPTED, HARMLESS, SECURE OR NOT CORRUPT OR DAMAGED, MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, MEET ANY PERFORMANCE OR ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. ADDITIONALLY STEADYSTACK MAKES NO REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR QUALITY, TITLE AND NON-INFRINGEMENT WITH RESPECT TO ANY OF THE SERVICES OR OTHER SERVICES RELATED TO THE PLATFORM AND PROVIDED BY THIRD PARTIES, OR QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE, TRADE PRACTICE OR USAGE OF THE SERVICES INCLUDING INFORMATION, CONTENT AND MATERIAL CONTAINED THEREIN.
STEADYSTACK (AND ITS SUPPLIERS AND THIRD PARTY PROVIDERS) MAKE NO WARRANTY THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. STEADYSTACK DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS TO THE SERVICES, STEADYSTACK CONTENT CONTAINED THEREIN AND ANY NFTS LISTED THEREIN.
WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES AND/OR THIRD PARTY PROVIDERS. NOTHING HEREIN NOR ANY USE OF OUR SERVICES IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD-PARTY SERVICES ANDD/OR THIRD PARTY PROVIDERS.
STEADYSTACK DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES. WHILE STEADYSTACK ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT THEREIN SAFE, STEADYSTACK CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, ANY CONTENT THEREIN, ANY NFTS LISTED THEREIN, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF
PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF OR THE SERVICES AND/OR NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO THE SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, THIRD PARTY PROVIDER DISRUPTION UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.
STEADYSTACK IS NOT RESPONSIBLE FOR SUSTAINED CASUALTIES DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE SERVICES. STEADYSTACK IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
STEADYSTACK MAKES NO REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING ANY PAYMENT SERVICES AND SYSTEMS PROVIDED BY THIRD PARTIES OR ANY OTHER SERVICES WHICH MIGHT BE RELATED TO THE SERVICES.
YOU ACKNOWLEDGE THAT YOU DO NOT RELY ON AND HAVE NOT BEEN INDUCED TO ACCEPT THE SERVICES ACCORDING TO THESE TERMS ON THE BASIS OF ANY WARRANTIES, REPRESENTATIONS, COVENANTS, UNDERTAKINGS OR ANY OTHER STATEMENT WHATSOEVER, OTHER THAN EXPRESSLY SET OUT IN THESE TERMS THAT NEITHER STEADYSTACK NOR ANY OF ITS RESPECTIVE AGENTS, OFFICERS, EMPLOYEES, ADVISERS OR ANY THIRD PARTY PROVIDERS HAVE GIVEN ANY SUCH WARRANTIES, REPRESENTATIONS, COVENANTS, UNDERTAKINGS OR OTHER STATEMENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
NO FINANCIAL ADVICE.
SteadyStack, at its sole and absolute discretion, may from time to time provide information to you with calculations, practical information, technical information or otherwise. Notwithstanding any such information provided by SteadyStack, ou acknowledges and agrees that they enter into each exchange or transaction on your own free will without reliance on any information provided by SteadyStack and that such activities are undertaken at your own risk. You shall not be entitled to rely on SteadyStack for any such information or advise. You acknowledge and agree that the StakeMining Pool, Fractional Allocation, Mining Power, Mining Rewards and the general nature of the Services vary regularly and may be affected by matters and events outside the control of you and/or SteadyStack.
DISCLOSURE AND ASSUMPTION OF RISK.
Account Risk. You acknowledge that there is risk associated with abuse of accounts used in connection with the Services and that you have been fully informed and warned about it. Any funds stored in accounts may be disposed by third party in case the third party obtains an account holder’s login credentials. All users shall protect their login credentials and their electronic devices where the login credentials are stored against unauthorized access.
Connection Risk. You acknowledge that there are risks associated with usage of the Services which are provided through the internet including, but not limited to, the failure of hardware, software, configuration and internet connections and that you have been fully informed and warned about it. You acknowledge that SteadyStack will not be responsible for any configuration, connection or communication failures, disruptions, errors, distortions or delays you may experience when using or purchasing any Services, however caused.
Digital Assets Risk. You acknowledge that there is risk associated with the digital assets which are used as payment method and that you have been fully informed and warned about it. Digital assets are prone to, but not limited to, value volatility, transaction costs and times uncertainty, lack of liquidity, availability, regulatory restrictions, policy changes and security risks.
General Risk. You understand that SteadyStack, the Services, blockchain technology, Bitcoin, Litecoin, Dogecoin, and all other Digital Assets, proof of work concept and other associated and related technologies are new and untested and outside of SteadyStack’s control. You acknowledge that there are major risks associated with these technologies. In addition to the risks disclosed below, there are risks that SteadyStack cannot foresee and it is unreasonable to believe that such risk could have been foreseeable. The performance of SteadyStack’s obligation under these Terms will terminate if market or technology circumstances change to such an extent that (i) these Terms clearly no longer comply with SteadyStack’s sole expectations, (ii) it would be unjust to enforce SteadyStack’s obligations in the general opinion or (iii) SteadyStack’s obligation becomes impossible or not practical at the sole and absolute discretion of SteadyStack.
Market Risk. Particularly during periods of high volume, illiquidity, fast movement or volatility Mining Rewards may be different from any prevailing prices. You understand that SteadyStack is not liable for any such price fluctuations. In the event of market disruption, Services disruption, Mining Power disruption, Third-Party Provider disruption, manipulation or Force Majeure Event, SteadyStack is not liable and may suspend access to the Services and/or prevent you from completing any actions on, or in regard to, the Services. The prices and liquidity of cryptocurrency is extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Services and any Mining Reward or Factional Allocation. We cannot guarantee that any user of the Services will not lose money.
Operational Risk. You acknowledges and agree that the Services and any related Third Party Provider operations are subject to various risks, including, but not limited to, risks related to logistics, power supply, compliance with agreements, compliance with regulatory requirements, construction delays. In addition, global supply chain issues have resulted in a variety of disruptions for manufacturers, retailers, and various other types of companies from the ability to source and obtain raw materials to delays in shipping and the availability of end user products. Ongoing labor shortages have created challenges for companies across industries, including the manufacturing and transportation industries, further exacerbating supply chain disruptions. As a result of these disruptions, SteadyStack and Third Party Providers may experience increased costs, inventory shortages, and temporary shutdowns. In addition to supply chain disruptions and labor shortages, SteadyStack and the Third Party Providers may experience increased inflation in the costs of various goods and services, including the costs of power supply.
Outage Risk. SteadyStack does not guarantee that the Service will not be interrupted by outages or shortages of power which are planned or unplanned and outside or inside SteadyStack’s control, and SteadyStack will not be liable for the foregoing. SteadyStack does not guarantee the supply of electricity during each season or peak hours of the day. There is a possibility of voluntary or involuntary downtime, curtailment by SteadyStack, any Third Party Provider or any Third Party Provider’s energy provider, or outages or shortages of power. SteadyStack shall not be responsible for the consequences of such outages and such outages.
Regulatory & Tax Risks. You acknowledge that there is risk associated with future legislation which may restrict, limit or prohibit certain aspects of blockchain technology which may also result in restriction, limitation or prohibition of the Services and that you have been fully informed and warned about it. You are solely responsible for determining what, if any, taxes apply to your transactions through the Services. Neither SteadyStack nor any other SteadyStack affiliates is responsible for determining the taxes that apply to such transactions.
Risk of Hacking and Security. You acknowledge that there is risk associated with hacking and that you have been fully informed and warned about it. Hacker or other groups, agencies or organizations may attempt to interfere with the Services, in any way, including, but not limited to and without limitation, denial of services attacks, Sybil attacks, spoofing, smurfing, malware attacks, mining attacks or consensus-based attacks. You acknowledge and agree that the use of telecommunications and data communications networks and the Internet may not be secure and that connection to and transmission of data and information over the internet and such facilities provide the opportunity for unauthorized access to wallets, computer systems, networks and all data stored herein. Information and data transmitted through the Internet or stored on any equipment through which internet information is transmitted may not remain confidential and SteadyStack does not make any representation or warranty regarding privacy, security, authenticity, and non-corruption or destruction of any such information.
Wallet Risk. You acknowledge that there is risk associated with funds held on the digital wallets and that you have been fully informed and warned about it. You acknowledge that digital wallets are not provided by SteadyStack You acknowledge and agree that SteadyStack shall not be responsible for any digital wallet provider’s services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. SteadyStack does not assume and shall not have any liability or responsibility to you or any other person or entity for any digital wallet provider’s services.
Provision Risk. You acknowledge that there are risks associated with the provisions of the Mining Power which may solely be provided by Third-Party Providers and that you have been fully informed and warned about it. There is a major risk that any or all Third-Party Providers may (i) stop providing Mining Power or hasing power, (ii) will provide Mining Power or hashing power in an unstable way, (iii) will be wrongly configured or (iv) provide insufficient speed of the Mining Power or hashing power. Mining Power rigs and hardware could be subject of damage, errors, electricity outage, misconfiguration, connection or communication failures and other malfunctions. SteadyStack will not be responsible for operation of Mining Power rigs, hardware and the provision of Mining Power. By purchasing any Services from us you agree to a no-refund policy for Mining Power and Fractional Allocations and all sales of these Services are final and non-refundable.
Profitability Risk. You acknowledge that there is risk associated with the profitability of Mining Power, the StakeMining Pool and any Fractional Allocation and that you have been fully informed and warned about it. You acknowledge that all Mining Power, the StakeMining Pool and any Fractional Allocation earnings estimates and profitability calculations on the Platform or provided on or in the Services are only for informational purposes and were made based on the hardware set up in the test environments or historical data. SteadyStack does not warrant that the Mining Power, the StakeMining Pool or any Fractional Allocation will achieve the same profitability or earnings as calculated on the Platform or provided on or in the Services. There is risk that Mining Power, the StakeMining Pool or any Fractional Allocation would not produce desired Mining Rewards, Mining Power, StakeMining Pool or any Fractional Allocation. There is risk that the Mining Rewards, Mining Power, StakeMining Pool or any Fractional Allocation will not be as profitable as provided for on the Platform or as provided on or in the Services or will not be profitable at all. You acknowledge that the Services and SteadyStack Content contained on the Platform are not financial advice, legal or professional advice and are purely for educational purposes. Please consult a professional financial advisor prior to making any financial decisions.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STEADYSTACK (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS) NOR ITS SERVICE PROVIDERS, INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR NFTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE AND EVEN IF STEADYSTACK OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ACCESS TO, AND USE OF, THE SERVICES, THE NFTS, STEADYSTACK CONTENT, OR ANY OTHER STEADYSTACK PRODUCTS OR THIRD-PARTY PLATFORMS AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF STEADYSTACK AND ITS AGENTS, REPRESENTATIVES, AND AFFILIATES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR NFTS EXCEED THE AMOUNTS YOU HAVE PAID TO STEADYSTACK FOR USE OF THE SERVICES OR ONE HUNDRED UNITED STATES DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STEADYSTACK, AS APPLICABLE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STEADYSTACK AND YOU.
INDEMNIFICATION.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SteadyStack, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, Third Party Providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “SteadyStack Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to: (i) your access to or use of the Services; (ii) your Feedback; (iii) your violation of these Terms, or breach of any representation, warranty or covenant contained in these Terms; (iv) your use or disposal of any cryptocurrency, NFTs, Mining Reward or Fractional Allocations; (v) your violation of the rights of a third party or of applicable law; or (vi) any Claim that any cryptocurrency, NFTs, Mining Reward or Fractional Allocations is, or may be deemed, a Security under the laws of any jurisdiction. You agree to promptly notify SteadyStack of any Claims and cooperate with the SteadyStack Parties in defending such Claims. You further agree that the SteadyStack Parties shall have control of the defense or settlement of any third-party Claims. You may not settle or otherwise compromise any claim subject to this Section without SteadyStack’ prior written approval. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND STEADYSTACK.
DISPUTE RESOLUTION; ARBITRATION.
Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with SteadyStack and limits the manner in which you can seek relief from us. This Arbitration Agreement will survive the termination of your relationship with SteadyStack.
Informal Resolution of Disputes. You and SteadyStack must first attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) informally. Accordingly, neither you nor SteadyStack may start a formal arbitration proceeding for at least sixty (60) days after one party notifies the other party of a claim in writing.
Mandatory Arbitration of Disputes. We each agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and SteadyStack agree that the laws of the British Virgin Islands govern the interpretation and enforcement of these Terms, and that you and SteadyStack are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with SteadyStack, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or SteadyStack may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and SteadyStack. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Injunctive and Declarative Relief. Except as provided in Section 20.4 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Waiver of Jury Trial. YOU AND STEADYSTACK HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SteadyStack are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 20.4 above.
Waiver of Class Actions or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the British Virgins Islands, and each party consents to the exclusive jurisdiction of those courts. All other claims shall be arbitrated.
Severability. Except as provided in Section 20.10, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
GOVERNING LAW AND VENUE.
These Terms and your access to and use of the Services and SteadyStack Content will be governed by and construed and enforced in accordance with the laws of the British Virgin Islands, without regard to or application of its conflict of laws rules. The parties hereby agree to submit to the jurisdiction of, and agree that venue is proper in those courts in any such legal action or proceeding. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the jurisdiction of the British Virgin Islands and each party consents to the exclusive jurisdiction of those courts.
MISCELLANEOUS.
These Terms constitute the entire and exclusive understanding and agreement between you and SteadyStack relating to your access to and use of the Services and SteadyStack Content,and supersede any and all prior and contemporaneous oral and written discussions agreements, and understandings of any kind. Headings of sections within these Terms are for convenience only and shall not be used to limit or construe such sections. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without SteadyStack’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. SteadyStack may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by SteadyStack under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. SteadyStack’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SteadyStack. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. The rights and remedies conferred on SteadyStack by, or pursuant to, these Terms are cumulative and are in addition, and without prejudice, to all other rights and remedies otherwise available to SteadyStack at law.
CONTACT INFORMATION.
If you have any questions or would like more information about SteadyStack and/or the Services, please contact us via our email at support@steadystacknft.com.