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AVALANCHE BRIDGE - TERMS OF USE

Effective October 18, 2022

These Terms of Use (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Ava Labs, Inc. (together with its subsidiaries and affiliates, “Company”, “we”, “us”, or “our”) governing your access to and/or use of the Avalanche Bridge, including without limitation, through the Core Browser Extension, the Core Mobile Application, the core.app/bridge website (together with any related websites, the “Site”), any related applications or API, and support resources, including any channels, FAQs and help articles we publish (collectively, the “Bridge”). 
You agree that by accessing or using the Bridge in any way, you expressly acknowledge that you have read and agree to be bound by all of these Terms and the Important Notice, which is hereby incorporated herein by reference. IF YOU DO NOT AGREE WITH SUCH TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE BRIDGE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Important notice (provided for convenience only; please review the relevant provisions in these Terms):

  1. Your responsibility:

    You are solely responsible for the safeguarding, retention and security of the seed phrase, private keys and password associated with your digital assets. If you lose your seed phrase, private keys or password, you will not be able to access your digital assets.

  2. ARBITRATION:

    THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE REFER TO THE SECTION ENTITLED “DISPUTE RESOLUTION” BELOW FOR MORE INFORMATION.

  3. Liability:

    We are not liable for any special or consequential damages arising from your use of the Bridge and other scenarios. Our aggregate liability to you shall not exceed $100.

  4. Indemnity:

    You will indemnify us for any third party claim in connection with your use of the Bridge and other scenarios.
Supplemental terms and conditions or documents relating to the Bridge that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the date above and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Bridge after the date such revised Terms are posted.
The information provided on or through the Bridge is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Bridge from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Bridge is intended for users who are at least 18 years old. Persons under this age are not permitted to download, access or use the Bridge.
If you breach any of the Terms, your authorization to use the Bridge will automatically terminate, and any Content downloaded from the Bridge, whether authorized or unauthorized, must be immediately destroyed. Company reserves the right to pursue any additional remedies available in law or equity.
Please refer to our Privacy Policy for information about how we collect, use, share and otherwise process information about you.

1. INTELLECTUAL PROPERTY; LICENSE TO USE THE BRIDGE

1.1 Unless otherwise indicated, the Bridge is our proprietary property and all source code, databases, functionality, software, website designs, information, audio, video, text, photographs, and graphics on the Bridge (collectively, the “Content”) and the trademarks, service marks, and logos contained therein or related thereto (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark and other intellectual property laws and international conventions. You are not permitted to use the Marks without the prior written consent of the owner of the Mark.
1.2 Except as expressly provided herein, Company and its licensors do not grant any express or implied license to the Bridge, the Site or the Content.You agree not to copy, reproduce, aggregate, republish, download, post, display, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, sell, reverse engineer, create derivative works based on, or otherwise exploit for any commercial purposes whatsoever, the Bridge, the Site or the Content without our express prior written permission.
1.3 If you are eligible to use the Bridge, you are granted a limited, non-exclusive, non-sublicensable and non-transferable license to download, access and use the Bridge and to download a copy of any portion of the Content to which you have properly gained access solely for the purposes permitted hereunder. You may not modify or alter the Content in any way. We reserve all rights not expressly granted to you in and to the Bridge, the Site, the Content and the Marks.

2. THE BRIDGE

The Bridge enables users to bridge their digital assets on one blockchain for use on another blockchain. By using the Bridge, you acknowledge, understand and agree that:
  1. no single person or entity has the ability to take any action on your behalf. You are therefore solely responsible for the safeguarding, retention and security of your seed phrase, private keys and password. Your seed phrase is the master key that allows you to access your digital asset. If you lose your seed phrase, you will not be able to access your digital assets. No one at the Company or any Node will be able to recover your seed phrase, private key or password. Do not share your seed phrase, private keys or password with anyone. Anyone who knows your seed phrase will be able to access and transfer your digital assets. You acknowledge that we do not store and are not responsible in any way for the safeguarding, retention, security or recovery of your seed phrase, private keys or password;
  2. the Bridge operates on Intel Software Guard Extensions (“SGX”) technology, which provides hardware-based encryption for sensitive aspects of the Bridge (the “Secure Module”). A set of qualified Bridge nodes, including the Company (collectively, the “Nodes”) collectively participate in the governance of the Secure Module, including through the automated, rules-based listening and confirmation of transactions and approving code changes; and
  3. the Bridge only supports certain digital assets (“Supported Digital Assets”). Do not use or attempt to use the Bridge to send or receive any assets other than Supported Digital Assets. We will not be responsible for any attempt to use the Bridge with any assets other than the Supported Digital Assets. In addition, we may in our sole discretion terminate support for any Supported Digital Asset. 

3. USER REPRESENTATIONS AND COVENANTS

By using the Bridge, you represent, warrant and covenant that: 
  1. You have the legal capacity to enter into, and you agree to comply with, these Terms;
  2. If you are entering into these Terms for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity;
  3. You are at least 18 years old; 
  4. Your use of the Bridge will not violate any applicable law or regulation;
  5. Your actions are not in violation of applicable export control restrictions;
  6. You or any party that owns or controls you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including without limitation the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Blocked Persons List and the Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States or any other applicable government authority (collectively, “Restricted Persons”). Any use or attempted use by wallet addresses that are designated on a Restricted Persons list will be blocked;
  7. You or any party that owns or controls you are not located, incorporated or otherwise established in in any country to which the United States has embargoed goods or has otherwise applied any sanctions (the “Restricted Territories”);
  8. You do not intend to transact with any Restricted Persons or persons located in Restricted Territories; and
  9. You are not located, incorporated or otherwise established in, or a citizen or resident of a jurisdiction where it would be illegal under applicable law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Bridge.

4. ACCEPTABLE USE POLICY

You may not download, access or use the Bridge for any purpose other than that for which we make the Bridge available. As a user of the Bridge, you agree not to:
  1. Access or use the Bridge other than through the Core Browser Extension, the Core Mobile Application or the Site. You agree not to send funds directly to any of the Bridge’s contract addresses. Any funds sent directly to the Bridge’s contract addresses will be permanently lost, and are not recoverable.
  2. Access or use any smart contract wallet with the Bridge. The Bridge is not compatible with smart contract wallets because smart contracts are currently not supported by the Avalanche Bridge. Using the Bridge with a smart contract wallet or smart contract will result in the permanent loss of funds.
  3. Systematically retrieve data or other content from the Bridge to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from all the Nodes.
  4. Trick, defraud, or mislead the Nodes and other users, especially in any attempt to learn sensitive information such as seed phrases, private keys or passwords.
  5. Circumvent, disable, or otherwise interfere with security-related features of the Bridge or any measures designed to prevent or restrict access to the Bridge or any portion of the Bridge, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Bridge and/or the Content contained therein.
  6. Circumvent, interfere with or otherwise compromise the integrity, security, or proper functioning of the Bridge and any related computer, server, network, including without limitation through hacking or exploiting any vulnerability in the software, hardware, systems or other equipment relating to the Bridge. For the avoidance of doubt, this includes theft and unauthorized access to or transfers of digital assets.
  7. Interfere with, disrupt, or create an undue burden on the Bridge or the networks or services connected to the Bridge, including without limitation through denial-of-service or distributed denial-of-service attacks.
  8. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including spamming, that interferes with any party’s uninterrupted use and enjoyment of the Bridge or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation or maintenance of the Bridge.
  9. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, gifs, pixels, web bugs, cookies, or other similar devices (sometimes referred to as spyware or passive collection mechanisms).
  10. Engage in any automated use of the Bridge, such as using any scripting or other programmatic access, data mining, spider, robots, scraper or similar data gathering and extraction tools.
  11. Disparage, tarnish, harass, abuse or otherwise harm, in our opinion, the Nodes, the Bridge, any other users of the Bridge or any of our respective employees or agents.
  12. Make improper use of our support services or submit false reports of bugs, loss, abuse or misconduct.
  13. Violate any applicable laws or regulations.
  14. Use the Bridge to advertise or offer to sell goods and services.
  15. Engage in unauthorized framing of or linking to the Bridge.
  16. Delete the copyright or other proprietary rights notice from any Content.
  17. Attempt to impersonate another user or wallet or make any false statements pertaining to your identity.
  18. Copy or adapt the Bridge’s software.
  19. Decipher, decompile, disassemble or reverse engineer any of the software and data comprising or in any way making up a part of the Bridge.
  20. Use the Bridge as part of any effort to compete with the Nodes.
  21. Violate, misappropriate or infringe the rights of the Nodes, our users or third parties, including privacy, publicity, intellectual property, or other proprietary rights.
Any use of the Bridge in violation of the foregoing is a material breach of these Terms.

5. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Bridge ("Submissions") provided by you to us shall become our sole property. We shall own the exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are originally from you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

6. BRIDGE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Bridge for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities or supervisory agencies; (3) in our sole discretion and without limitation, refuse, restrict access to, or limit the availability of the Bridge, to the extent feasible; and (4) otherwise manage the Bridge in a manner designed to protect our rights and property and to facilitate the proper functioning of the Bridge.

7. TERM

These Terms shall remain in full force and effect while you use the Bridge. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE BRIDGE (INCLUDING BY BLOCKING CERTAIN WALLET ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. 

8. MODIFICATIONS AND CORRECTIONS

8.1 We do not guarantee the completeness or accuracy of any information provided to you on or through the Bridge. We reserve the right to change, modify, or remove the contents of the Bridge at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Bridge. We make no representation as to the availability, functionality and quality of the Bridge, including any features, hardware, or communications. We will not be liable to you or any third party for any modification, change in fees, suspension, or discontinuance of any portion or all of the Bridge.
8.2 There may be information on the Bridge that contains typographical errors, inaccuracies, or omissions, including, without limitation, descriptions, schedules, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice. In addition, we reserve the right to change, revise, update, suspend, discontinue, or otherwise modify any portion or all of the Bridge at any time or for any reason without notice to you. Nothing in these Terms will be construed to obligate us to maintain and support the Bridge or to supply any corrections, updates or releases in connection therewith. 

9. GOVERNING LAW

These Terms and your use of the Bridge are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of laws principles.

10. DISPUTE RESOLUTION

10.1 Binding Arbitration

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THEY AFFECT YOUR AND OUR RIGHTS CONCERNING THE RESOLUTION OF ANY DISPUTE BETWEEN YOU AND US.

10.2 Agreement to Arbitrate

You and the Company agree that the sole and exclusive forum and remedy for a Dispute shall be final and binding arbitration pursuant to this section entitled “Dispute Resolution” unless you opt out as provided below. “Dispute” shall include any dispute, claim or controversy arising out of or relating to these Terms and/or the activities or relationships that involve, lead to, or result from these Terms, including, without limitation, our marketing activities, and (except to the extent provided otherwise in the paragraph entitled “No Class Actions”) the validity or enforceability of this Dispute Resolution section, any part thereof, or the entire Terms. You and we both further agree to waive our right to a jury trial.

10.3 Exceptions to Arbitration

You and the Company agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any claim for injunctive relief; and (c) any Dispute that may be brought in small claims court.

10.4 Opt Out of Arbitration

You may opt out of the binding arbitration described in this section by sending us written notice of your desire to do so by email at [email protected] (such notice, an “Arbitration Opt-out Notice”) within 30 days following the date you first agree to these Terms. The Arbitration Opt-out Notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. If you do not provide us with an Arbitration Opt-out Notice within the relevant 30 day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in the “Exceptions to Arbitration” provision above.

10.5 Arbitration Rules

The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. All Disputes will be arbitrated before a single arbitrator experienced in the software industry who is jointly selected and mutually approved by you and us or, if you and we are unable to or fail to agree on the selection of the arbitrator within 15 days of the demand for arbitration being served, who is appointed by Judicial Arbitration and Mediation Services (JAMS) in accordance with its rules. The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules and Procedures (and in accordance with the expedited procedures in those rules) (the “JAMS Rules”), except as modified by this Dispute Resolution section. In the event of a conflict between the JAMS Rules and this Dispute Resolution section, this Dispute Resolution section shall control, subject to countervailing law, unless the parties agree otherwise. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section below as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com.

10.6 Arbitration Location and Procedure

Arbitration proceedings will be held in New York County, New York. The results of the arbitration procedure will be considered confidential information of you and us. Any arbitration decision rendered will be final and binding, and judgment thereon may be entered in any court of competent jurisdiction.

10.7 Arbitration Fees

If we elect arbitration, we shall pay all JAMS filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the JAMS Rules, or in accordance with countervailing law if contrary to the JAMS Rules. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

10.8 No Class Actions

You and the Company agree that any arbitration shall be limited to the Dispute between the parties individually. TO THE FULL EXTENT PERMITTED BY LAW, (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. If this specific paragraph (“No Class Actions”) is held unenforceable in its entirety, then the entire Dispute Resolution section will be deemed void.

11. JUDICIAL FORUM FOR DISPUTES

In the event that a Dispute falls within one of the abovementioned exceptions to arbitration or if the Dispute Resolution section is found not to apply, the exclusive jurisdiction and venue of any Dispute will be the state and federal courts located in the Southern District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. 

12. RISKS

THE BRIDGE IS DEVELOPED USING AND MADE AVAILABLE ON BLOCKCHAIN TECHNOLOGY. AS THIS IS AN EMERGING TECHNOLOGY, IT IS SUBJECT TO ADDITIONAL RISKS. BY USING THE BRIDGE, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT ALL SUCH RISKS. You should note that this is not an exhaustive list of all of the risks associated with digital assets, the Bridge or the Site.

12.1 No custody

12.1.1 The Company does not have custody of your digital assets. As such, you are solely responsible for the safeguarding, retention and security of your seed phrase, private keys and password. Your seed phrase is the master key that allows you to access your digital assets. If you lose your seed phrase, you will not be able to access your digital assets. Do not share your seed phrase, private keys or password with anyone. Anyone who knows your seed phrase will be able to access and transfer your digital assets. You acknowledge that we do not store and are not responsible in any way for the safeguarding, retention, security or recovery of your seed phrase, private keys or password. You agree to hold us harmless from and against any loss, damage, liability, claim, or demand arising from or in connection with the loss of your seed phrase, private keys or password.

12.2 No advice; No reliance

12.2.1 All information provided on the Bridge or in connection with your use of the Bridge is for informational purposes only. The Bridge is not intended as, and does not provide, any investment or financial advice. With respect to any financial or investment decisions, we recommend you conduct your own research to properly evaluate the risks and benefits of any transaction. We recommend you seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsel and investment advisors, in connection with any investment or financial transaction. You agree to be held fully responsible for your decisions.
12.2.2 None of the information made available on the Bridge represents an offer or a solicitation of an offer to enter into a transaction with Company (other than payment of any transaction fees to Company).
12.2.3 You represent that you have sufficient knowledge, sophistication, professional advice and technical and investing experience to make your own evaluation of the merits and risks of any transaction entered into through the Bridge or any underlying digital asset. You should not use the Bridge or use or transact in digital assets unless you fully understand the nature of the transaction you are entering into and the extent of your exposure to loss. Company is not responsible for any loss you may incur as a result of a decrease in the value of your digital assets, including without limitation, in connection with the lack of availability or degraded performance of the Bridge.

12.3 Digital asset volatility and characteristics

12.3.1 Using and holding digital assets involve certain risks of financial loss. Any digital asset may be subject to fluctuations in value, including a total loss of value. The volatility and unpredictability of the price of digital assets relative to fiat currency may result in significant loss over a short period of time. The nature of digital assets may lead to an increased risk of fraud or cyberattack. You acknowledge these risks and agree that we cannot be held liable for such fluctuations or loss of value.
12.3.2 Digital assets and their underlying blockchain networks are complex emerging technologies that are typically globally distributed across multiple, unaffiliated nodes. They may experience delays, halts or go offline as a result of errors, forks, attacks or other unforeseeable reasons. They are also subject to speculative interest and regulatory attention, which may contribute to price volatility and liquidity constraints. The availability of a digital asset on the Bridge does not indicate our approval or disapproval of the digital asset or its underlying technology and should not be treated as a substitute for your own understanding of the risks specific to each digital asset. We provide no warranty as to the suitability of any digital assets and assume no fiduciary duty to you in connection with your use of the Bridge.
12.3.3 All digital asset transactions are irreversible. You accept all consequences of using or transacting digital assets. You assume all liability for any losses incurred as a result of your transactions or transfers of digital assets. We do not control the Bridge or any blockchain network and cannot guarantee that any transfer will be confirmed or transferred successfully by the network. We are not responsible for any losses or for taking any actions to attempt to recover any lost, stolen, misdirected or irrecoverable digital assets.

12.4 Technical risks

12.4.1 The technology underlying digital assets, including without limitation applied cryptography, blockchain, networking and distributed systems, and smart contracts, is subject to change at any time. Such changes may affect the Bridge. You assume full responsibility for monitoring such technological changes and understanding their impact on your digital assets.
12.4.2 In general, digital asset bridges, along with smart contracts and other blockchain components, are a target of cyberattacks, including by criminal organizations and cybercrime groups. As such, the Bridge is susceptible to various attacks and exploits, including without limitation, hacks that exploit a vulnerability in the software, hardware, systems or other equipment or social engineering to gain control of the Secure Module, the Nodes or any Bridge components, wallets, smart contracts or other systems. Such attacks or exploits may result in a total loss of value. You acknowledge these risks and agree that we cannot be held liable for any attacks or exploits or resulting loss of value.
12.4.3 While the Secure Module is developed and deployed using industry standard secure computing best practices, such technology may nonetheless be susceptible to new and existing hardware and software security vulnerabilities. As computer and cybersecurity research continues to evolve, it is possible that advances in such research increase the risk of a cybersecurity attack or other breach, which may result in the theft or loss of digital assets that are tracked by the Secure Module.
12.4.4 The Nodes collectively participate in the governance of the Secure Module. Each Node performs the automated, rules-based listening and confirmation of transactions and approves code changes to the Secure Module. While the Nodes are experienced blockchain technologists, they may nonetheless be vulnerable to sophisticated cybersecurity attacks. A cybersecurity attack or other breach may result in the theft or loss of digital assets that are tracked by the Secure Module. In addition, as part of the governance process, Nodes may determine in their discretion that one or more Nodes should be removed or replaced and that one or more experienced blockchain technologists should be added as a Node. You agree that we are not responsible for any loss you may incur in connection with any Node participating in the governance process or taking any related actions, including without limitation, any resulting lack of availability or degraded performance of the Bridge.
12.4.5 We cannot guarantee the Bridge will be available at all times. We may experience hardware or software errors, operational or technical difficulties, denial-of-service attacks, other cyberattacks, or other problems or need to perform maintenance related to the Bridge, resulting in interruptions, delays, or errors. The Bridge may become unavailable or experience performance degradation from time to time, such as during periods of high volatility, high volume, network congestion, network upgrades or software updates. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Bridge during any downtime or discontinuance of the Bridge, including any delays in transmitting, executing or processing orders.

12.5 Tax and compliance

12.5.1 Digital assets may be subject to taxation. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct using the Bridge, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
12.5.2 You are responsible for complying with all applicable laws. You agree that we are not responsible for determining whether or which laws and regulations may apply to your activities or transactions.

12.6 Legislative and regulatory risks

Digital assets and any software or service related to digital assets are subject to legal and regulatory uncertainty in the U.S. and in other jurisdictions. As such, legislative and regulatory changes or actions may adversely affect the usage, transferability, transactability and value of digital assets, or your access to, and our ability to provide, the Bridge. You acknowledge and accept the risks that such changes may bring and that we are not liable for any resulting adverse impact to you.

13. LIMITATIONS OF LIABILITY

13.1 IN NO EVENT WILL WE, THE AVALANCHE FOUNDATION LIMITED, ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “FOUNDATION”) OR THE OTHER NODES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AFFILIATES, AGENTS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, STATUTORY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF GOODWILL OR REPUTATION, LOSS OF CONTRACT, DIMINUTION IN VALUE OR LOST OPPORTUNITY, LOSS, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY, COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHER DAMAGES, IN ANY OTHER FORM, ARISING OUT OF, OR IN CONNECTION WITH, THE TERMS; YOUR USE OR INABILITY TO USE THE BRIDGE; MARKETING OF THE BRIDGE; ANY FORM OF FAILURE, ERROR, OR BREAKDOWN IN USE OF THE BRIDGE; THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES IN CIRCUMSTANCES WHERE YOU DO NOT OR ARE UNABLE TO USE THE SERVICES; ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BRIDGE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY FAULT, OR ERROR MADE BY US, THE FOUNDATION OR THE OTHER NODES; YOUR RELIANCE ON CONTENT AVAILABLE ON THE BRIDGE; ANY COMMUNICATION THROUGH THE BRIDGE, OR WITH OTHER USERS ON OR THROUGH THE BRIDGE; ANY RESTRICTION OF ACCESS OR USE OF THE BRIDGE; OR ANY OTHER MATTER RELATING TO THE BRIDGE, EVEN IF WE, THE FOUNDATION OR THE OTHER NODES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
13.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF COMPANY, THE FOUNDATION, THE OTHER NODES AND THEIR RESPECTIVE SERVICE PROVIDERS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO U.S.$100.00. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13.3 THE BRIDGE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE BRIDGE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, THE FOUNDATION, THE OTHER NODES AND OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE BRIDGE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT (I) THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE BRIDGE; (II) THAT THE BRIDGE WILL MEET YOUR REQUIREMENTS; (III) THAT THE BRIDGE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. WITHOUT LIMITING THE FORGOING, YOU UNDERSTAND AND AGREE THAT NEITHER WE, THE FOUNDATION, THE OTHER NODES NOR OUR RESPECTIVE SERVICE PROVIDERS WILL BE LIABLE FOR ANY (1) ANY INACCURACY, DEFECT OR OMISSION OF CONTENT AND MATERIALS OR ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH CONTENT AND MATERIALS; (2) ANY GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR THE BRIDGE; (3) ANY VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR THE BRIDGE OR ANY WEBSITE OR SERVICE LINKED TO THE BRIDGE; (4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL DATA OR FINANCIAL INFORMATION STORED THEREIN; OR (5) A RESTRICTION OF ACCESS OR USE OF THE BRIDGE.
13.4 NEITHER WE, THE FOUNDATION NOR THE OTHER NODES WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY SERVICE, DAPP, OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BRIDGE, ANY SERVICE, DAPP OR PRODUCT YOU CONNECT TO OR INTERACT WITH OR ANY HYPERLINKED WEBSITE. NEITHER WE, THE FOUNDATION NOR THE OTHER NODES WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE BRIDGE, OR ITS CONTENTS, WHETHER OR NOT MADE BY ANY US, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY. AS WITH THE USE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14. INDEMNIFICATION; RELEASE

14.1 You agree to defend, release, indemnify, and hold us, the Foundation and the other Nodes, including all of our respective affiliates, service providers, officers, directors, agents, partners, employees, contractors, successors and assigns (collectively, “Indemnified Parties” and, each, an “Indemnified Party”) harmless from and against any loss, damage, expenses, liability, claim, or demand (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) (“Losses”), due to or arising out of: (1) your access to or use of the Bridge, or your inability to access or use the Bridge; (2) any contributions you submit to Company or transmit through the Bridge (including, without limitation, any content or computer viruses), (3) your breach or anticipatory breach of these Terms; (4) your violation or anticipatory violation of applicable law; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Bridge. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
14.2 You agree to release each of the Indemnified Parties from any and all claims and demands (and waive any rights you may have against any of the Indemnified Parties in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user of the Bridge or other third party in connection with the Bridge (including any digital asset transactions) or the subject matter of the Terms.
14.3 If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

15. USER DATA

We will maintain certain data that you transmit to the Bridge for the purpose of managing the performance of the Bridge, as well as data relating to your use of the Bridge. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Bridge. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

16. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Accessing or using the Bridge, visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Bridge, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE BRIDGE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

17. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

18. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Bridge or in respect to the Bridge constitute the entire agreement and understanding between you and us in relation to the Bridge. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Bridge. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

19. CONTACT US

In order to resolve a complaint regarding the Bridge or to receive further information regarding use of the Bridge, please contact us at:
Ava Labs, Inc.
1177 Avenue of the Americas
5th Floor, Suite 50922
New York, NY 10036
[email protected]