Effective Date : September 11, 2023
Welcome to WEBAUTH.COM! This is a user agreement between You (defined below) and Metallicus, Inc., with an address at 1429 Rollins Road Burlingame, CA 94010
As with any asset, the value of digital assets or virtual currency can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding digital assets is suitable for you in light of your financial condition. Please note that when you accept this Agreement, you are accepting all of the terms and conditions contained herein. Webauth.com provides self-hosted wallet services for Ethereum Virtual Machine (EVM) compatible blockchain. By creating or importing a wallet, downloading or running our mobile application, or visiting our website, you are agreeing to these Terms, so please read them carefully. These Terms outline approved uses of Webauth.com, various licenses that we grant to you, and licenses that you grant us. If you have any questions or comments related to this Agreement, please send us a message on our contact page on https://xprnetwork.org/ or contact us through our social media channels or other means we make available to you. If you do not agree to this Agreement or any modifications to this Agreement, you should not use our Services.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION BELOW THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES OR CLAIMS RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, RATHER THAN JURY TRIAL OR CLASS ACTIONS. BY ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND UNDERSTAND ALL OF THESE TERMS, INCLUDING THE ARBITRATION PROVISION.
HOW YOU ACCEPT THIS POLICY
By creating or importing a locally hosted wallet (a “Wallet”), accepting these Terms, or registering or visiting Webauth.com, you acknowledge that you have read, understood, and agreed to these Terms. We reserve the right to change these Terms at any time upon notice. Any such changes with respect to your use of Webauth.com will take effect immediately when posted through Webauth.com’s website or mobile application. Your continued use of Webauth.com following any such change will signify your acceptance to be bound by the then-current Terms. Please check the effective date above to determine if there have been any changes since you have last reviewed these Terms. If you do not agree to this Agreement or any modifications to this Agreement, you should not use Webauth.com.
To be eligible to use Webauth.com, you must be at least eighteen (18) years old and be able to form legally binding contracts. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction. Please make sure that your use of the Services in compliance with these Terms is in compliance with all laws, rules, and regulations that apply to you. By using Webauth.com, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use Webauth.com, however, and we reserve the right to change our eligibility criteria at any time.
THE BLOCKCHAIN SERVICES
Webauth.com includes software that (a) generates Wallet addresses and encrypted private keys that you may use to send and receive various cryptocurrencies (the “Virtual Currency”); (b) allows users to browse third party decentralized applications; and (c) facilitates the sending and receiving of Virtual Currency on the XPR blockchain network (the “XPR Network”) without requiring you to download or install the associated software to your local device.
WALLET ADDRESS, PRIVATE KEY, AND BACKUP CAPABILITIES
An encrypted backup of certain information associated with the Wallet can be stored on your device in Keystore JSON format. The private key is connected to the Wallet address and, together, they can be used to authorize transactions in accordance with these Terms. You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your Wallet. You must keep your Wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so may result in the loss of control of Virtual Currency associated with the Wallet.
WEBAUTH.COM CANNOT ASSIST WITH PASSWORD RETRIEVAL
Webauth.com stores your Wallet address but does not receive or store your Wallet password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase associated with your Wallet. We cannot, therefore, assist you with Wallet password retrieval. We cannot generate a new password for your Wallet if you fail to remember your original password. If you have not safely stored a backup of any Wallet address and private key pairs maintained in your Wallet, you accept and acknowledge that any Virtual Currency you have associated with such a Wallet address will become inaccessible if you do not have your Wallet password.
VIRTUAL CURRENCY TRANSACTIONS
In order to be completed, all proposed Virtual Currency transactions must be confirmed and recorded in the Virtual Currency’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the other blockchain networks and, therefore, cannot and do not ensure that any transaction details that you submit via our Services will be confirmed and processed. By using Webauth.com, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed other networks. We do not store, send, or receive Virtual Currency. Any transfer that occurs in any Virtual Currency occurs on the related blockchains and not on a network owned by us. We therefore cannot guarantee that Webauth.com can effect the transfer of title or right in any Virtual Currency.
TRANSACTIONS WITH METALLICUS
You may have the option to engage in a buy/sell transaction with us so that you are able to transact on the XPR Network. If you choose to do so, you may sell Virtual Currency to us and you may buy wrapped Virtual Currency from us. These transactions are bilateral sales between two parties, and the transaction is finalized as soon as the purchased tokens are transferred between us. Once finalized, we have full title and ownership of the Virtual Currency that you sold to us and we have no obligation to return the Virtual Currency to you or to repurchase the wrapped Virtual Currency you purchased from us.
Metallicus is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to persons within the United States. Virtual Currency may not be subject to protections or insurance provided by the Federal Deposit Insurance Corporation (FDIC) or the Securities Investor Protection Corporation (SIPC).
ACCURACY OF INFORMATION PROVIDED BY USER
You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer or sell Virtual Currency.
ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST FINANCING STATEMENT
Metallicus is committed to full compliance with all applicable laws and regulations regarding Anti-Money Laundering and sanctions screening (“AML”). Our policy is to prevent sanctioned/non-sanctioned people engaged in money laundering, fraud, and other financial crimes, including without limitation, terrorist financing, from using the Services. We and our third-party partners have robust policies and procedures to detect, prevent and report suspicious activity. To comply with OFAC requirements with respect to U.S. sanctions, EU sanctions and global sanctions, as well as at our own discretion to limit the risk of money laundering, terrorist financing and/or for the purpose of sanctions monitoring, we screen our customer accounts against government sanctions lists and may bar some geographical locations access to the Services. We report suspicious transactions to federal authorities in accordance with applicable law, as well as to the financial intelligence unit/regulator in the respective country.
HOW DOES THIS IMPACT YOU?
As part of our AML procedures, we collect information from you to satisfy our “know your customer” (“KYC”) obligations. This means that we may request information from you due to a specific identification requirement or because of our watch list screening process. We may ask you to provide documentation to help confirm your identity or provide additional information regarding your activities. We may ask for this information during account opening or as part of our account review process, which we periodically conduct on our existing customers.
WALLET REGISTRATION AND ACCOUNT INFORMATION
You must either import or create a Wallet in order to use Webauth.com. When you create a Wallet, you will be assigned a private key. You will be prompted to download and save a keystore - your private key encrypted with a password. You will be responsible for maintaining the confidentiality of your private key and keystore and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password, account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. When you create a Wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your Wallet. Suggested measures include, but are not limited to, the following: (a) creating a strong password that you do not use for any other website or online service; (b) using the backup functionality provided by the Wallet or safeguard your private key and mnemonic (backup) phrase on an external hard drive which, all users, especially users who have more than $100,000 USD in assets, are encouraged to do even if they are utilizing the Services’ backup functionality; (c) maintaining the security of your Wallet by protecting the private key and mnemonic (backup) phrase associated with your Wallet by, for example, limiting access to your computer and your Wallet; and (d) promptly notifying us if you discover or otherwise suspect any security breaches related to your Wallet.
You may agree to receive text message push notifications from Webauth.com that will alert you when Ethereum-based blockchains are congested and when transactions involving your Wallet have been completed. Push notifications can be enabled to display information about token launches. If you would like to receive push notifications, you must opt in to the service by accessing “Settings” and enabling “Push Notifications” through Webauth.com (as applicable).
PAYMENT AND FEES
Webauth.com does not currently charge any fees for any of its Services. However, we reserve the right to do so in the future and, in such case, any applicable fees will be displayed prior to you using any service to which a fee applies.
Once transaction details have been submitted via the Services, we cannot assist you to cancel or otherwise modify your transaction. Webauth.com has no control over any blockchains and does not have the ability to facilitate any cancellation or modification requests. You must ensure that you have an adequate balance in your Wallet and/or gas to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for any failed transactions due to insufficient funds or gas associated with your Webauth.com account.
It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Virtual Currency related transactions.
THIRD PARTY SERVICES AND CONTENT
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any third party service. You may agree to receive push notifications from third party content providers. In order to receive push notifications, you must opt in to the service. Push notifications will not be automatically enabled on your device for third party content. We do not control, endorse, or adopt any third party content shared through push notifications, and will have no responsibility for third party content including, but not limited to, token availability and/or sales. If, to the extent permitted by Webauth.com, you grant express permission to a third party to access or connect to your Webauth.com account, either through the third party’s product or service or through Webauth.com, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Webauth.com account.
Webauth.com contains or we may provide to you material, information, data, software, text, graphics, intellectual property, and other content (the “Content”), which is protected by copyright and other laws. Unless otherwise provided, we exclusively own the Content. Your use of the Services does not grant you any right, title, or interest in the Content. You agree that you will not copy, transmit, distribute, sell, license, create derivative works from, or, in any other way, exploit any of the Content, in whole or in part. If you elect to provide or make available to us any suggestions, comments, ideas, improvements, or other feedback relating to the Services (“Suggestions”), you grant us and our affiliates the right to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.
YOUR USE OF WEBAUTH.COM
As a user of the Services, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use Webauth.com. When using our Services, we ask that you follow some basic rules:
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws when using our Services. This includes any local, provincial, state, federal, national, or international laws, rules, and regulations that may apply to you. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities. If we discover that you have violated this Agreement or other regulatory requirements including, but not limited to, the Bank Secrecy Act, by participating in money laundering or by financing terrorist activities, we will take proportional disciplinary action. You further agree not to encourage or induce any third party to engage in any of the activities prohibited hereunder.
Don’t Interfere With Other’s Use of the Services. You agree that you will not use or attempt to use another user’s Wallet without authorization or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it.
Don’t Try to Harm Our System. You agree not to distribute any virus or other harmful computer code through Webauth.com. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure. You agree not to sell, rent, share, transfer, loan, or sublicense any portion of the Services, including your Wallet and password.
Don’t Attempt to Circumvent Our Security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including, without limitation, other accounts, computer systems, or networks connected to the Services. Any use of Webauth.com other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use Webauth.com.
You understand and agree that we have no control over, and no duty to take any action regarding: failures, disruptions, errors, or delays in processing Virtual Currency that you may experience while using the Services; the risk of failure of hardware, software, and Internet connections; the risk of malicious software being introduced or found in the software underlying Webauth.com; the risk that third parties may obtain unauthorized access to information stored within your Wallet, including, but not limited to your Wallet address, private key, and mnemonic (backup) phrase; and the risk of unknown vulnerabilities in or unanticipated changes to the other networks, including other blockchains. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE METALLICUS PARTIES (DEFINED BELOW) FROM ALL LIABILITY RELATED TO ANY LOSSES, DAMAGES, EXPENSES, AND CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED VIRTUAL CURRENCY ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS TO THE WEBAUTH.COM APPLICATION; (D) BUGS OR OTHER ERRORS IN THE WEBAUTH.COM SOFTWARE; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE FORCING, OR OTHER MEANS OF ATTACK AGAINST WEBAUTH.COM; AND (F) ANY DISPUTE BETWEEN YOU AND ANY USER OF THE SERVICE OR A THIRD PARTY RELATED TO THE SERVICE. We make no representations concerning any third party content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE “METALLICUS PARTIES”) BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH, OUR SERVICES; (II) ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE WALLET SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF: (I) FEES PAID TO US FOR THE APPLICABLE SERVICE; OR (II) $100.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBAUTH.COM IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND UNDERLYING SOFTWARE OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Metallicus Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning Webauth.com; (c) your violation of any term of this Agreement; or (d) your violation of any law, rule, or regulation, or the rights of any third party, except in each case to the extent caused by the Metallicus Parties’ gross negligence, fraud, or intentional misconduct.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim in permanently barred.
GOVERNING LAW; VENUE
The laws of the State of Delaware will govern these Terms and the parties’ relationship, without regard to Delaware’s conflicts of laws rules. The arbitration provision below applies, but if for any reason an action related to these Terms is brought in court, the parties agree to bring such action in the federal or state courts in San Francisco County, California, in the United States of America. YOU WAIVE ANY OBJECTION BASED ON LACK OF PERSONAL JURISDICTION, PLACE OF RESIDENCE, IMPROPER VENUE, OR FORUM NON CONVENIENS IN ANY SUCH ACTION.
In the event of termination concerning your right to use Webauth.com, your obligations under this Agreement will still continue. Your access to the funds in your Wallet after termination will depend on your access to your backup of your Wallet address and private key.
DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing outside of the Services a backup of any Wallet address and private key pair that you maintain in your Wallet. Such a backup will generally allow the user to fully restore their Wallet at any time without cost or loss of the user’s Virtual Currency. If you do not maintain a backup of your Wallet data outside of the Services, you will be not be able to access the Virtual Currency associated with your Wallet. Webauth.com shall not be held responsible or liable for any loss of Virtual Currency in the event that we discontinue or depreciate the Services.
NO WAIVER; RELATIONSHIP
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. Nothing in these Terms is intended to or will operate to create a partnership, joint venture, or agency relationship between you and us, or authorize you to act as agent on behalf of us.
If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
ARBITRATION & WAIVER OF CLASS ACTION.
THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS AND THUS PROHIBIT CLASS ACTION CLAIMS. IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING ANY APPLICABLE ADDITIONAL AGREEMENTS), PLEASE DO NOT ACCEPT THEM, USE THE SERVICES, OR CREATE A WALLET. THE PARTIES AGREE TO ARBITRATE ANY DISPUTE ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES ON AN INDIVIDUAL BASIS. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY. THE PARTIES AGREE THAT: (A) ANY ARBITRATION WILL OCCUR IN SAN FRANCISCO, CALIFORNIA OR AT AN ALTERNATIVE LOCATION MUTUALLY AGREED BY THE PARTIES; AND (B) THE ARBITRATION WILL BE CONDUCTED CONFIDENTIALLY BY A SINGLE ARBITRATOR IN ACCORDANCE WITH THE RULES OF AMERICAN ARBITRATION ASSOCIATION FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND IN THE ENGLISH LANGUAGE. AT YOUR REQUEST, HEARINGS MAY BE CONDUCTED IN PERSON OR BY TELEPHONE AND THE ARBITRATOR MAY PROVIDE FOR SUBMITTING AND DETERMINING MOTIONS ON BRIEFS, WITHOUT ORAL HEARINGS. OTHER THAN CLASS PROCEDURES AND REMEDIES DISCUSSED BELOW, THE ARBITRATOR HAS THE AUTHORITY TO GRANT ANY REMEDY THAT WOULD OTHERWISE BE AVAILABLE TO A COURT OR OTHER TRIBUNAL. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND WE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES, EXCEPT THAT METALLICUS WILL PAY ALL ARBITRATION ADMINISTRATIVE OR FILING FEES FOR NON-FRIVOLOUS CLAIMS LESS THAN $25,000 UP TO $10,000 IN FEES, INCLUDING THE ARBITRATOR FEES (OTHER THAN ARBITRATOR FEES UP TO THE AMOUNT OF THE THEN-APPLICABLE FEE FOR FILING A CIVIL ACTION IN FEDERAL COURT IN THE JUDICIAL DISTRICT WHERE YOU LIVE IN ANY DISPUTE WHERE YOU ASSERT A CLAIM AGAINST METALLICUS, UNLESS YOU DEMONSTRATE TO THE ARBITRATOR THAT YOU WOULD BE ENTITLED TO FILE THAT CIVIL ACTION IN FEDERAL COURT WITHOUT PAYMENT OF THE THEN-APPLICABLE FEE). THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING. NOTWITHSTANDING ANYTHING TO THE CONTRARY, METALLICUS MAY SEEK INJUNCTIVE RELIEF AND ANY OTHER EQUITABLE REMEDIES FROM ANY COURT OF COMPETENT JURISDICTION TO PROTECT OUR INTELLECTUAL PROPERTY AND OTHER RIGHTS, WHETHER IN AID OF, PENDING OR INDEPENDENTLY OF THE RESOLUTION OF ANY DISPUTE PURSUANT TO THE ARBITRATION PROCEDURES SET FORTH ABOVE.
We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
You agree that we may assign any of our rights and/or transfer, subcontract, or delegate any of our obligations under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any other party, without our prior written consent. Any attempted assignment or transfer in violation of this section is null and void in each instance.
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this Agreement) and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
QUESTIONS OR COMMENTS
We welcome comments, questions, concerns, or suggestions. Please send us a message on our contact page at https://xprnetwork.org/or via our social media channels or other means we make available to you.