Effective March 10, 2023
You agree that by downloading, accessing or using Core, including, without limitation, evaluating, downloading, purchasing or using any of the Services offered through Core or any of the Third Party Services (defined in Section 3 below) You may interact with through Core, 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 THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING CORE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Important notice (provided for convenience only; please review the relevant provisions in these Terms):
Core is self-custodial in nature. You are solely responsible for the safeguarding, retention and security of Your seed phrase, private keys and password. If You lose Your seed phrase, private keys or password, You will not be able to access Your digital tokens.
THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 13 ENTITLED “DISPUTE RESOLUTION” BELOW FOR MORE INFORMATION.
Third Party Services:
We are not liable for any special or consequential damages arising from Your use of Core and other scenarios. Our aggregate liability to You shall not exceed $100.
You will indemnify us for any costs and fees we incur in connection with a third party claim based on Your use of Core.
Supplemental terms and conditions or documents relating to Core or the Services 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 Core or the Services after the date such revised Terms are posted.
The information provided on Core 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 Core 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.
Core is intended for users who are at least 18 years old. Persons under this age are not permitted to download, access or use Core.
If You breach any of the Terms, Your authorization to use Core and the Services will immediately terminate, and any Content downloaded from Core, whether authorized or unauthorized, must be immediately destroyed. Company reserves the right to pursue any additional remedies available in law or equity.
for information about how we collect, use, share and otherwise process information about You.
1. INTELLECTUAL PROPERTY; LICENSE TO USE CORE
1.1 Unless otherwise indicated, Core is our proprietary property and all source code, databases, functionality, software, website designs, information, audio, video, text, photographs, and graphics (excluding Third Party Content (as defined below)) on Core (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (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 Core, the Site, the Content or the Services.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, Core, the Site, the Content or the Services without our express prior written permission.
1.3 If You are eligible to use Core, You are hereby granted a limited, non-exclusive, non-sublicensable and non-transferable license to download, access and use Core 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 Core, the Site, the Content and the Marks.
1.4 Certain sections of Core feature content of Third Party Services owned by third party service providers or associated rightsholders of that content (the “Third Party Content”). Third Party Content is protected by copyright or other proprietary laws, and is for display purposes only.
1.5 Notice and Take Down/DMCA Policy.
We respect the intellectual property rights of others and expect our users to do the same. To promote the lawful use of Core and the Services, and in accordance with the Digital Millennium Copyright Act, (“DMCA”), we will take down content in response to verified DMCA takedown notices and/or other intellectual property infringement claims.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and you believe in good faith that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide written notice via mail or email to us at:
Ava Labs, Inc.
Attn: Copyright Notice
Address:1177 Avenue of the Americas, 5th Floor, Suite 50922, New York, NY 10036, USA
All infringement notices must contain the following:
Identification of the copyrighted work or other intellectual property rights that you claim is being infringed.
Identification of the allegedly infringing content and a description specifying the location of the copyrighted work (e.g., URL) that you claim is infringing so that we may identify the location of the content.
Your full legal name and email address.
A statement that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you, under penalty of perjury, that the information in the notice is accurate and that you are the owner of the copyright, or authorized to act on behalf of the owner of the intellectual property that is allegedly being infringed.
Your physical or electronic signature of your full legal name.
Please note that in accordance with this DMCA Policy, upon receipt of your notice, we will take whatever action, in our sole discretion, including without limitation, removing or disabling access to specified content.
2.1 Each version of Core provides its own set of features. The wallet feature enables users to self-custody digital tokens, directly access and interact with blockchains, decentralized applications (“dapps”) and the Avalanche Bridge on a peer-to-peer basis, directly interact with other Third Party Services, view market data and access other functionality that may be developed from time to time (collectively, the “Wallet Feature”). The dapp feature enables users to view their or other users’ portfolios of digital tokens, browse dapps in the ecosystem, view network and other information, and access a web interface version of their wallet (collectively, the “Dapp Feature” and, together with the Wallet Feature and any Third Party Services, the “Services”). The Services include support channels, including third party platforms such as Telegram and Discord, and other resources, including any FAQs and help articles we publish. If You access or use the Avalanche Bridge, You will be subject to the terms, policies and fees of the Avalanche Bridge (available here
), which are incorporated herein by reference.
2.2 By using Core, You acknowledge, understand and agree that Core is self-custodial in nature. 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 token. If You lose Your seed phrase, You will not be able to access Your digital tokens. No one at the Company 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 tokens. 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.
3. THIRD PARTY SERVICES
3.1 In addition to the Services made accessible through Core, Core may provide access to information, products and services provided by third parties and dapps, including links to other websites (“Third Party Services”). Third Party Services include, without limitation, MoonPay and ParaSwap, which enable users to interact directly with such services and dapps to purchase and sell digital tokens, and CoinGecko, which provides market data for various digital tokens. If You access or use Third Party Services, please note that You may be interacting, directly or indirectly, with such services and dapps and will be subject to their terms, policies and fees. Please review the terms, policies and fees of such third parties, including, but not limited to MoonPay (available here
), ParaSwap (available here
) and CoinGecko (available here
), which govern Your use of those Third Party Services and are in addition to these Terms. You agree that the providers of such Third Party Services may disclaim any liability to You. Any terms relating to Third Party Services provided in Core are provided as a convenience only; please check the respective websites for the latest terms. You acknowledge that we may receive a fee from third parties that provide such Third Party Services.
3.2 We provide access to Third Party Services only as a convenience; You may elect to use Core to access a Third Party Service or directly access a Third Party Service through an interface made available by the provider of a Third Party Service. We do not have any control over Third Party Services. We make no warranties or representations, express or implied, about Third Party Services, the third parties that developed, deployed or contributed to Third Party Services or the third parties that operate Third Party Services, if any, the information contained on them or the suitability of their products or services. In addition, we offer no guarantees and assume no responsibility or liability of any type arising from or in connection with Third Party Services, including, without limitation, any loss or theft of funds or any liability resulting from the availability (or lack thereof) of Third Party Services, or any content located on or through Third Party Services, and any incompatibility between Third Party Services and the Services. You agree that You will not hold Company responsible or liable with respect to the Third Party Services or seek to do so.
4. USER REPRESENTATIONS AND COVENANTS
By using Core or the Services, You represent, warrant and covenant that:
You have the legal capacity to enter into, and You agree to comply with, these Terms;
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;
You are at least 18 years old (“Minimum Age”);
Your use of Core will not violate any applicable law or regulation;
Your actions are not in violation of applicable export control restrictions;
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”);
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”);
You do not intend to transact with any Restricted Persons or persons located in Restricted Territories; and
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 Core.
5. ACCEPTABLE USE POLICY
You may not download, access or use Core for any purpose other than that for which we make Core available. As a user of Core and the Services, You agree not to:
Systematically retrieve data or other content from Core to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
Attempt to trick, defraud, or mislead us and other users for any reason, especially in any attempt to learn sensitive information such as seed phrases, private keys or passwords.
Circumvent, disable, or otherwise interfere with security-related features of Core, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Core and/or the Content contained therein.
Circumvent, interfere with or otherwise compromise the integrity, security, or proper functioning of Core, including without limitation through hacking or exploiting any vulnerability relating to Core.
Interfere with, disrupt, or create an undue burden on Core, the Services or the networks or services connected to Core.
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 Core or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation or maintenance of Core.
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).
Engage in any automated use of Core or the Services, such as using any data mining, spider, robots, scraper or similar data gathering and extraction tools.
Disparage, tarnish, harass, abuse or otherwise harm, in our opinion, Core, any other users of Core or any of our respective employees or agents.
Make improper use of our support services or submit false reports of bugs, loss, abuse or misconduct.
Violate any applicable laws or regulations.
Engage in unauthorized framing of or linking to Core.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or wallet or make any false statements pertaining to Your identity.
Attempt to bypass any measures of Core designed to prevent or restrict access to Core, or any portion of Core.
Copy or adapt Core’s software.
Decipher, decompile, disassemble or reverse engineer any of the software and data comprising or in any way making up a part of Core and the Services.
Use a buying agent or purchasing agent to make purchases on Core.
Use Core as part of any effort to compete with us.
Violate, misappropriate or infringe the rights of the Company, our users or third parties, including privacy, publicity, intellectual property, or other proprietary rights.
Any use of Core in violation of the foregoing is a material breach of these Terms.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Core or the Services ("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.
7. APP MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor Core 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; (3) in our sole discretion and without limitation, refuse, restrict access to, or limit the availability of Core, to the extent feasible; and (4) otherwise manage Core in a manner designed to protect our rights and property and to facilitate the proper functioning of Core.
8. USER GENERATED CONTRIBUTIONS
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, Core, and other users of Core to use Your Contributions in any manner contemplated by these Terms.
You have the written consent, release, or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by these Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, scandalous, pornographic, violent, threatening, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the Minimum Age, exploits persons under the Minimum Age in a sexual or violent manner or violates any applicable law intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms.
Any use of Core in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of Your access to Core.
9. CONTRIBUTION LICENSE
We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area on the Site. You are solely responsible for Your Contributions to the Site and You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding Your Contributions.
These Terms shall remain in full force and effect while You use Core. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY AVAILABILITY OF CORE OR THE SERVICES 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.
11. MODIFICATIONS AND CORRECTIONS
11.1 We do not guarantee the completeness or accuracy of any information provided to You on or through Core or the Services. We reserve the right to change, modify, or remove the contents of Core at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information in Core. We make no representation as to the availability, functionality and quality of Core, 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 or all of Core.
11.2 There may be information on Core 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 all or part of Core or the Services 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 Core or to supply any corrections, updates or releases in connection therewith.
12. GOVERNING LAW
These Terms and Your use of Core and the Services 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.
13. DISPUTE RESOLUTION
13.1 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.
13.2 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.
13.3 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.
13.4 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.
13.5 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
13.6 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.
13.7 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.
13.8 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.
14. 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.
CORE AND THE SERVICES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, THIRD PARTY SERVICES) ARE DEVELOPED USING AND MADE AVAILABLE ON BLOCKCHAIN TECHNOLOGY. AS THIS IS AN EMERGING TECHNOLOGY, IT IS SUBJECT TO ADDITIONAL RISKS. BY USING CORE OR THE SERVICES 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 tokens, Core, the Site or the Services.
Core is self-custodial in nature. 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 tokens. If You lose Your seed phrase, You will not be able to access Your digital tokens. 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 tokens. 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.
15.2 No advice; No reliance
15.2.1 All information provided in Core or in connection with Your use of Core or the Services is for informational purposes only. Any information contained in Core 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.
15.2.2 None of the information made available on Core, including without limitation any bid, offer, price, quantity, volume, depth or other data, 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).
15.2.3 To the extent that we or our representatives provide any information, it is incidental to Your relationship with us and such information should not be construed as investment or financial advice. You represent that You are not relying on any communication from us as investment or financial advice or as a recommendation to use Core or to use or transact in digital tokens.
15.2.4 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 Core or any underlying digital token. You should not use Core or use or transact in digital tokens 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 tokens, including without limitation, in connection with the lack of availability or degraded performance of Core.
15.3 Digital token volatility and characteristics
15.3.1 Using, buying, holding and selling digital tokens involve certain risks of financial loss. Any digital token may be subject to fluctuations in value, including a total loss of value. The volatility and unpredictability of the price of digital tokens relative to fiat currency may result in significant loss over a short period of time. The nature of digital tokens may lead to an increased risk of fraud or cyber attack. You acknowledge these risks and agree that we cannot be held liable for such fluctuations or loss of value.
15.3.2 Digital tokens 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 token on Core or the Third Party Services does not indicate our approval or disapproval of the digital token or its underlying technology and should not be treated as a substitute for Your own understanding of the risks specific to each digital token. We provide no warranty as to the suitability of any digital tokens and assume no fiduciary duty to You in connection with Your use of Core or the Third Party Services.
15.3.3 All digital token transactions are irreversible. You accept all consequences of using or transacting digital tokens. Once You send digital tokens to an address, You accept the risk that You may permanently lose access to it. You assume all liability for any losses incurred as a result of Your transactions or transfers of digital tokens. You are solely liable for verifying the accuracy of any external wallet address and the identity of the recipient. We do not control 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 tokens.
15.4 Technical and operational risks
15.4.1 The technology underlying digital tokens, including without limitation applied cryptography, blockchain, networking and distributed systems, and smart contracts, is subject to change at any time. Such changes may affect Core or the Services. You assume full responsibility for monitoring such technological changes and understanding their impact on Your digital tokens.
15.4.2 The digital tokens and their underlying networks are under development and continue to evolve. As such, they may be subject to material and sudden changes that may have a significant impact on the availability, usability or value of a particular digital token. In addition, as a general matter, the operations, functionalities, development and distributions of digital tokens and their underlying networks are beyond Company’s control. You agree not to hold us liable for any related losses.
15.4.3 Blockchain networks are susceptible to various attacks such as an attack in which an attacker gains control of a requisite mining or validating power on the network. We cannot prevent or mitigate attacks on blockchain networks and have no obligation to engage in activity in relation to such attacks.
15.4.4 We cannot guarantee that Core 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 Core, resulting in interruptions, delays, or errors. The Services 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 Core during any downtime or discontinuance of Core, including any delays in transmitting, executing or processing orders.
15.5.1 Digital tokens 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 Core or the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
15.5.2 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.
15.6 Legislative and regulatory risks
Digital tokens and any software or service related to digital tokens 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 tokens, or Your access to, and our ability to provide, the Services. You acknowledge and accept the risks that such changes may bring and that we are not liable for any resulting adverse impact to You.
16. LIMITATIONS OF LIABILITY
16.1 IN NO EVENT WILL WE OR AVALANCHE FOUNDATION LIMITED, ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “FOUNDATION”) 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 CORE OR THE SERVICES; MARKETING OF CORE OR THE SERVICES; ANY FORM OF FAILURE, ERROR, OR BREAKDOWN IN USE OF CORE OR THE SERVICES; 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 CORE OR THE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY FAULT, OR ERROR MADE BY US OR THE FOUNDATION; YOUR RELIANCE ON CONTENT AVAILABLE ON CORE; ANY COMMUNICATION THROUGH CORE, OR WITH OTHER USERS ON OR THROUGH CORE; ANY TERMINATION OF SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICES, EVEN IF WE OR THE FOUNDATION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF COMPANY, THE FOUNDATION 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.
16.3 CORE AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF CORE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND THE FOUNDATION AND OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH CORE AND THE SERVICES 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 CORE, THE SERVICES, THE CONTENT OR THE CONTENT OF ANY DAPPS OR WEBSITES LINKED THROUGH CORE; (II) THAT CORE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. WITHOUT LIMITING THE FORGOING, YOU UNDERSTAND AND AGREE THAT NEITHER WE, THE FOUNDATION NOR OUR RESPECTIVE SERVICE PROVIDERS WILL BE LIABLE FOR ANY (1) ANY INACCURACY, DEFECT OR OMISSION OF CONTENT AND MATERIALS, INCLUDING WITHOUT LIMITATION DIGITAL TOKEN PRICE DATA, 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 CORE OR THE SERVICES; (3) ANY VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR CORE OR THE SERVICES OR ANY WEBSITE OR SERVICE LINKED TO CORE; (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 SUSPENSION OR TERMINATION OF YOUR ACCESS TO CORE.
16.4 NEITHER WE NOR THE FOUNDATION WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY SERVICE, ANY OTHER DAPP, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CORE, ANY DAPP OR SIMILAR SERVICE YOU CONNECT TO OR INTERACT WITH, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN CORE, ANY BANNER OR OTHER ADVERTISING, AND NEITHER WE NOR THE FOUNDATION WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY DAPP OR THIRD PARTY PROVIDING A THIRD PARTY SERVICE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF CORE, 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 PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17. INDEMNIFICATION; RELEASE
17.1 You agree to defend, release, indemnify, and hold us and the Foundation, including all of our and the Foundation’s 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 Core or the Services; (2) any contributions You submit to Company or transmit through Core (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 Core. 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.
17.2 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 Core or the Services or other third party in connection with the Services (including any digital token transactions) or the subject matter of the Terms.
17.3 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.
18. USER DATA
We will maintain certain data that You transmit to Core for the purpose of managing the performance of Core, as well as data relating to Your use of Core. 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 Core. 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.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting Core, 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 Core, 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 CORE. 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.
20. 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.
These Terms and any policies or operating rules posted by us on Core or in respect to Core constitute the entire agreement and understanding between You and us in relation to Core. 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 Core. 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.
22. CONTACT US
In order to resolve a complaint regarding Core or to receive further information regarding use of Core, please contact us at:
Ava Labs, Inc.
1177 Avenue of the Americas
5th Floor, Suite 50922
New York, NY 10036