Version 1.1 last revised on: October 2, 2018.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Account Creation. In order to use certain features of the Site or the Chainlink Platform, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 9.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Access to the site and the Chainlink platform
You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Site and the Chainlink Platform is revoked where these Terms or use of the Site or the Chainlink Platform is prohibited or to the extent offering, sale or provision of Site services or the Chainlink Platform conflicts with any applicable law, rule or regulation. Further, the Site and the Chainlink Platform are offered only for your use, and not for the use or benefit of any third party.
Certain Restrictions. Except as expressly stated herein or in the Chainlink Platform, the rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or the Chainlink Platform, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or the Chainlink Platform; (c) you shall not access the Site or the Chainlink Platform in order to build a similar or competitive website, product, or service; and (d) no part of the Site or the Chainlink Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site and the Chainlink Platform shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or the Chainlink Platform (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site, the Chainlink Platform or any part thereof.
No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or the Chainlink Platform.
Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and the Chainlink Platform and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site or the Chainlink Platform) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
The Chainlink platform and Link
Use of the Chainlink Platform shall be subject to these Terms and any terms provided with the Chainlink Platform, including without limitation the applicable licenses of the Chainlink Platform. The use of LINK shall be subject to these Terms and other terms applicable to LINK, including without limitation the applicable Terms and Conditions of Token Sale.
The user acknowledges the following serious risks to any use of the Chainlink Platform and LINK and expressly agrees to neither hold Company nor its officers, employees, and agents (the "Chainlink Team") liable should any of the following risks occur:
Risk of Regulatory Actions in One or More Jurisdictions
The Chainlink Platform and LINK could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Company to continue to develop the Chainlink Platform, or which could impede or limit the ability of a User to use Chainlink Platform or LINK.
Risk of Alternative, Unofficial Chainlink Networks
It is possible that alternative Chainlink-based networks could be established, which utilize the same open source source code and open source protocol underlying the Chainlink Platform. The Chainlink network may compete with these alternative Chainlink-based networks, which could potentially negatively impact the Chainlink Platform and LINK.
Risk of Insufficient Interest in the Chainlink Platform or Distributed Applications
It is possible that the Chainlink Platform will not be used by a large number of external businesses, individuals, and other organizations and that there will be limited public interest in the creation and development of distributed applications. Such a lack of interest could impact the development of the Chainlink Platform and potential uses of LINK. It cannot predict the success of its own development efforts or the efforts of other third parties.
Risk that the Chainlink Platform, As Developed, Will Not Meet the Expectations of User
The User recognizes that the Chainlink Platform is under development and may undergo significant changes over time. The User acknowledges that any expectations regarding the form and functionality of the Chainlink Platform held by the User may not be met upon release of the Chainlink Platform, for any number of reasons including a change in the design and implementation plans, specifications and execution of the implementation of the Chainlink Platform.
Risk of Security Weaknesses in the Chainlink Platform Core Infrastructure Software
The Chainlink Platform rests on open-source software, and there is a risk that the Company or the Chainlink Team, or other third parties not directly affiliated with Company, may introduce weaknesses or bugs into the core infrastructural elements of the Chainlink Platform causing the system to lose LINK stored in one or more User accounts or other accounts or lose sums of other valued tokens issued on the Chainlink Platform. Furthermore, despite our good faith efforts to develop and maintain the Chainlink Platform, the Chainlink Platform may experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact the Chainlink Platform and LINK.
Risk of Weaknesses or Exploitable Breakthroughs in the Field of Cryptography
Cryptography is an art, not a science. And the state of the art can advance over time. Advances in code cracking, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies and the Chainlink Platform, which could result in the theft or loss of LINK. To the extent possible, Company intends to update the protocol underlying the Chainlink Platform to account for any advances in cryptography and to incorporate additional security measures, but it cannot predict the future of cryptography or guarantee that any security updates will be made in a timely or successful manner.
Risk of Ether Mining Attacks
Any blockchain used for the Chainlink Platform may be susceptible to mining attacks, including but not limited to: Double-spend attacks, Majority mining power attacks, “Selfish-mining” attacks, Race condition attacks.
Any successful attacks present a risk to the Chainlink Platform, expected proper execution and sequencing of transactions, and expected proper execution and sequencing of contract computations. Known or novel mining attacks may be successful.
Risk of Rapid Adoption and Insufficiency of Computational Application Processing Power on the Chainlink Platform
If the Chainlink Platform is rapidly adopted, the demand for transaction processing and distributed application computations could rise dramatically and at a pace that exceeds the rate with which Company services can be provided. Under such a scenario, the entire Chainlink Platform could become destabilized, due to the increased cost of running distributed applications. In turn, this could dampen interest in the Chainlink Platform and LINK. Insufficiency of computational resources and an associated rise in the price of LINK could result in businesses being unable to acquire scarce computational resources to run their distributed applications. This could result in lost revenues and disruption or halting of business operations.
Risks Associated with New and Evolving Laws
The Chainlink ecosystem, and by extension the Chainlink Platform, may be subject to a variety of international laws and regulations, including those with respect to financial or securities regulations, consumer privacy, data protection, consumer protection, content regulation, network neutrality, cyber security, data protection, intellectual property (including copyright, patent, trademark and trade secret laws), defamation, and others. Such laws and regulations, and the interpretation or application of these laws and regulations, could change.
In addition, new laws or regulations affecting the Company could be enacted. As the Chainlink Platform evolves, Company may be subject to new laws and the application of existing laws to us might change. These laws and regulations are frequently costly to comply with and may divert a significant portion of Company’s attention and resources or restrict the way the Company may operate. If we fail to comply with these applicable laws or regulations, we could receive negative publicity and be subject to significant liabilities which could adversely impact the Company, the Chainlink Platform and LINK.
Additionally, Chainlink node operators of the the Chainlink Platform may be subject to industry specific laws and regulations or licensing requirements. If any of these parties fails to comply with any of these licensing requirements or other applicable laws or regulations, or if such laws and regulations or licensing requirements become more stringent or are otherwise expanded, it could adversely impact the the Chainlink Platform and LINK.
Cryptographic tokens such as LINK are a new and untested technology. In addition to the risks included in these Terms, there are other risks associated with the the Chainlink Platform and LINK, including those that the Company cannot anticipate. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in these Terms.
Acknowledgment, Acceptance of all Risks
THE USER EXPRESSLY KNOWS AND AGREES THAT THE USER IS USING THE CHAINLINK PLATFORM AND LINK AT THE USER’S SOLE RISK. THE USER REPRESENTS THAT THE USER HAS AN ADEQUATE UNDERSTANDING OF THE RISKS, USAGES AND INTRICACIES OF CRYPTOGRAPHIC TOKENS AND BLOCKCHAIN-BASED OPEN SOURCE SOFTWARE, THE CHAINLINK PLATFORM AND LINK.
3. Representations and warranties
You represent and warrant that (i) if you are an individual, you are at least eighteen (18) years old, (ii) if you are an entity, its consent to these Terms has been duly ratified, (iii) all information provided during the registration process is true, accurate and complete, and you will promptly update your registration information with any changes thereto, (iv) you are not a resident of (and will not use the Site or the Chainlink Platform in) a country that the U.S. government has embargoed for use of the Site or the Chainlink Platform, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations, (v) your use of the Chainlink Platform shall not infringe the intellectual property rights of any third party, (vi) your use of the Chainlink Platform shall not violate any law or regulation in any jurisdiction where they are used or distributed, including privacy and data collection laws.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or the Chainlink Platform, (b) your violation or breach of these Terms or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third-party services; other users
Third-Party Services. The Site and the Chainlink Platform may contain links, documentation or references to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of Company, and Company is not responsible for any Third-Party Services. Company provides information regarding or access to these Third-Party Services only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You use all Third-Party Services at your own risk, and should apply a suitable level of caution and discretion in doing so. When you use, view or click on any of the Third-Party Services, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Services. You shall be responsible for your obligations to any such third parties, and Company makes no representation as to the continued access or availability of any Third-Party Service and shall have no liability related to or arising from any Third-Party Service.
Other Users. Your interactions with other Site or Chainlink Platform users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions, including any loss of LINK. If there is a dispute between you and any Site or Chainlink Platform user, we are under no obligation to become involved.
You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site or the Chainlink Platform (including any interactions with, or act or omission of, other Site or Chainlink Platform users or any Third-Party Services). YOU HEREBY WAIVE ANY APPLICABLE PROVISION IN LAW OR REGULATION IN CONNECTION WITH THE FOREGOING, WHICH STATES IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITE AND THE CHAINLINK PLATFORM ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR THE CHAINLINK PLATFORM WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR THE CHAINLINK PLATFORM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Limitation on liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, AFFILIATES, SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, THE CHAINLINK PLATFORM OR LINK, OR THE LOSS OF LINK, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, THE CHAINLINK PLATFORM AND LINK IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA OR LINK RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Term and termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site or the Chainlink Platform. We may suspend or terminate your rights to use the Site (including your Account) and the Chainlink Platform at any time for any reason at our sole discretion, including for any use of the Site or the Chainlink Platform in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site and the Chainlink Platform will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Any fees (irrespective of the form) paid hereunder are non-refundable. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation Sections 3 through 10.
Changes. These Terms are subject to revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site or in the Chainlink Platform. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of (i) thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable), (ii) thirty (30) calendar days following our posting of notice of the changes on our Site or the Chainlink Platform or (iii) your acceptance of such changes. These changes will be effective immediately for new users of our Site or the Chainlink Platform. Continued use of our Site or the Chainlink Platform following notice of such changes shall indicate your acknowledgement and acceptance of such changes and agreement to be bound by the terms and conditions of such changes.
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, unavoidable casualty, delays in delivery of materials, embargoes, government orders, acts of civil or military authorities, lack of energy, or any similar unforeseen event that renders performance commercially implausible.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: P.O. Box 309, Ugland House, South Church Street, Grand Cayman KY1-1104 Cayman Islands. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. The arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute 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 AAA Rules, and the Terms. 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 the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the U.S. Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the Cayman Islands, for such purpose
Export. The Site and the Chainlink Platform may be subject to export or import control laws in various countries. You agree not to export, reexport, or transfer, directly or indirectly, any technical data acquired from Company, or any products utilizing such data, in violation of applicable export laws or regulations.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Site, the Chainlink Platform or send us emails, or whether Company posts notices on the Site, in the Chainlink Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site and the Chainlink Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright © 2018 SmartContract Chainlink, Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site and the Chainlink Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
SmartContract Chainlink, Ltd.
P.O. Box 309, Ugland House, South Church Street
Grand Cayman KY1-1104 Cayman Islands