Crypto Caverns Terms of Service
Last Updated: May 1, 2023
These Terms of Service govern your use of this Website (“Website”), and any related products and services offered by Crypto Caverns LLC (“Services”). Throughout the site and apps, the terms “we”, “us” and “our” refer to Crypto Caverns and “user”, “you” and “your” refer to you as the customer. Crypto Caverns offers this Website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, using our Services, or purchasing something from us, you become a user of our products and Services, and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms” or “Agreement”), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website or mobile app. By accessing or using any part of the site or app, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. You also agree to be bound by the Arbitration Clause below.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. If you are not of the age of majority in your state or province of residence, you may not use our Services without the consent of your parent, guardian, caretaker or other individual able to provide consent to your use of the Services. If you are under the age of 16, you may not use our Services in any way.
Any new features or tools which are added our Website or Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. We will notify you of any changes to these Terms by updating the “Last Updated” date at the top of these Terms of Service. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 1 – ONLINE STORE TERMS
You may not use our products, including any product purchased through the Online Store, for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). A detailed list of prohibited uses of our Services, including uses related to the Online Store, is below in Section 12.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Website through which the Services are provided, without our express written permission.
Section 3 – DISCLAIMER OF WARRANTIES
Crypto Caverns makes no representation or warranties about this Website, the suitability of the information contained on or received through use of this Website, or any service or products received through this Website of from us. All information and use of this Website the products and services provided by us are provided “as is” without warranty of any kind. Crypto Caverns hereby disclaims all warranties with respect to this Website, the information contained or received through use of this Website, and any services or products received through this Website, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Crypto Caverns does not warrant that the contents or any information received through this Website are accurate, reliable or correct; that this Website will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this Website is free of viruses or other harmful components. Crypto Caverns does not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.
You agree that from time to time we may deactivate the Services for an indefinite period to time without notice to you. We also reserve the right to cancel the Services at any time. You expressly agree that use of this Website, or inability to use this Website or the Services is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement.
Section 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. Except where otherwise provided within the materials presented on the Services, the material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, by definition, is not current and is provided for your reference only. In particular, we may provide historical information regarding hashrates or miner profitability that is based on information available to us. This information is not provided as financial advice and is not intended to provide any indication of future profitability. All use of such information is at your sole risk.
We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Section 5 – MODIFICATIONS TO THE SERVICES AND PRICING
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, disruption or discontinuance of the Services.
Section 6 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Purchase Policy and Resale Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be the same as it appears on our Website.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We may also, in the future, offer new Services or features through the Website (including, the release of new tools and resources). Such new features or Services shall also be subject to these Terms of Service.
Our Hashrate Guarantee (“Guarantee”) is based on pooling your miners with other machines which we operate. Rewards achieved from pooling are distributed to you based on the projected hashrate power listed on our website miner statistics page of your miner less power cost, pool fees, and a 2% stabilization fee. You will receive distributions of rewards regardless of whether your miner is operating or down for maintenance or other reasons. The Guarantee does not apply in the event of a fire, flood, natural disaster, or other event which disrupts our operations.
We provide insurance for your miner if you host your miner with us. In the event an insured event occurs, we will replace your miner with a comparable unit. We cannot guarantee that insurance will always be available for your miner in the future. We reserve the right to cancel the insurance we provide at any time, but will give you ten days prior notice of cancellation so that you can obtain your own insurance.
Section 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card information, including the expiration date, so that we can complete your transactions and contact you as needed.
Section 8 – OPTIONAL TOOLS
We may provide you with access to optional third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We encourage you to become familiar with the policies of these third parties before using the optional third-party tools.
Section 9 – THIRD-PARTY LINKS
Certain content, products and Services available via our Website may include materials from third parties.
Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these Websites, and you acknowledge that when you leave our Website to visit these third-party Websites, you do so at your own risk. We do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 10 – SHIPPING POLICY
We will arrange for shipment of Products you order to the ship-to address provided in making an Order through a common carrier designated by Supplier. Delivery dates are indicative only and are subject to change. Software may be provided by delivery of physical media or through electronic means. Customer must notify Supplier within 5 days of the date of receipt if Customer believes any Product included in its Order is missing, wrong, or damaged, and will ensure that the intended installation site meets the specifications as per the product documentation.
Risk of loss for Equipment and for physical media containing Software transfers to Customer upon shipment by us. Title to sold Equipment also passes to Customer upon shipment by us. “Shipment” for Equipment occurs when Supplier provides the Equipment or Software to the carrier at Supplier’s designated point of shipment; Shipment for Software occurs either when we provide physical media (or the Equipment on which it is installed) to the carrier at Supplier’s designated point of shipment, or the date we notify Customer that Software is available for electronic download. Unless otherwise agreed, cost of transit insurance on behalf of Customer is be included in the total price stated on the Quote.
All products we provide will be deemed accepted upon receipt by you which will be the date received and installed at our mining facilities for miners that you host with us. Returns of products are not permitted other than pursuant to our refund policy https://www.cryptocaverns.com/refund-policy/.
If your order designates delivery to an address outside of the U.S., delivery will be arranged after the order is fully paid. Crypto Caverns deliveries are fulfilled by third parties such as DHL, FedEx, EMS or other suitable service providers, depending on the product, destination and availability. Prices of products do not include the delivery cost unless otherwise stated on the Website.
PLEASE NOTE THAT DELIVERY TIME ESTIMATES ARE NOT GUARANTEED DELIVERY TIMES. CRYPTO CAVERNS WILL NOT UNDER ANY CIRCUMSTANCES OFFER ANY COMPENSATION FOR DELAYED DELIVERY.
Upon delivery of the products to the carrier, it shall be deemed completion of our delivery, and the title and the risks of damage and loss of the products shall be transferred to you. We will insure shipments against loss when possible.
Section 11 – PERSONAL INFORMATION
Section 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders without prior notice if any information in the Services or on any related Website is inaccurate at any time (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related Website, should be taken to indicate that all information in the Services or on any related Website has been modified or updated.
Section 13 – PROHIBITED USES
In addition to other prohibitions as set forth in this Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene purpose; or (k) to interfere with or circumvent the security features of the Services or any related Website, other Websites, or the Internet. We reserve the right to immediately terminate your use of the Services or any related Website for violating any of the prohibited uses.
Section 14 – INTELLECTUAL PROPERTY RIGHTS
This Agreement does not transfer to you any intellectual property owned by Crypto Caverns or third parties, and all right, title, and interest in and to such property will remain (as between the parties) solely with Crypto Caverns. “Intellectual Property Rights”means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Crypto Caverns or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Crypto Caverns LLC or third-party trademarks or other Intellectual Property Rights.
You agree to indemnify, defend, and hold harmless the Crypto Caverns, its affiliates, directors, officers, employees, agents, suppliers or licensors (the “Crypto Caverns Indemnified Parties”) from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your breach or alleged breach of this Agreement (including, without limitation, this Agreement); (b) anything you contribute to the Services; (c) your misuse of the Services, or any smart contract and/or script related thereto; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (e) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; (f) your use of a third-party product, service, and/or Website; or (g) any misrepresentation made by you. We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not in any event settle any claim without our prior written consent.
Section 16 – Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY CRYPTO CAVERNS INDEMNIFIED PARTY BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE SERVICES OR YOUR INABILITY TO USE OR ACCESS THE SERVICES; (B) MISUSE OF THE SERVICES (INCLUDING UNAUTHORIZED ACCESS OF THE SERVICES); (C) ANY USER CONDUCT WITH RESPECT TO THE SERVICES; OR (D) TERMINATION, SUSPENSION OR RESTRICTION OF ACCESS TO ANY THE SERVICES.
IN ADDITION TO THE FOREGOING, NO CRYPTO CAVERNS INDEMNIFIED PARTY SHALL BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUCTED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF THE BLOCKCHAIN, ANY COMPUTER OR CRYPTOASSET NETWORK (INCLUDING ANY WALLET PROVIDER), INCLUDING LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING, OR CYBERSECURITY BREACHES; (D) ANY CHANGE IN VALUE OF ANY CRYPTOASSET; (E) ANY CHANGE IN LAW, REGULATION, OR POLICY; (VI) EVENTS OF FORCE MAJEURE; OR (F) ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE CRYPTO CAVERNS INDEMNIFIED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
IN NO EVENT WILL THE CRYPTO CAVERNS INDEMNIFIED PARTIES’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER USER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
UNDER NO CIRCUMSTANCES SHALL ANY CRYPTO CAVERNS INDEMNIFIED PARTY BE REQUIRED TO DELIVER TO YOU ANY DIGITAL ASSETS AS DAMAGES, MAKE SPECIFIC PERFORMANCE, OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF DIGITAL ASSETS, YOU AND WE AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE DIGITAL ASSETS DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of certain warranties and liabilities provided in this section; accordingly, some of the above limitations and disclaimers may not apply to you. If applicable law does not permit Crypto Caverns Indemnified Parties to disclaim certain warranties or limit certain liabilities, Crypto Caverns Indemnified Parties’ limitations on liability and disclaimers of warranties will apply to the full extent permitted under applicable law.
Section 17 – Wallet, Private Keys, and Caverncores NFTS
Crypto Caverns does not provide digital wallets and you are obligated to obtain your own digital wallet (“Wallet”) and use it at your own risk. You are solely responsible for the private keys that you generate for your Wallet. You agree to maintain secure backups of all your private keys and any passwords you use to encrypt them and to prevent unauthorized access to or use of the Wallet using your private keys. You will cooperate with us in the investigation of any suspected unauthorized access to or use of the Wallet using your account credentials or private keys. YOU AGREE AND UNDERSTAND THAT IF YOU LOSE ACCESS TO YOUR WALLET OR THE PRIVATE KEYS ANY CRYPTOCURRENCIES YOU HAVE ASSOCIATED WITH THAT WALLET WILL BECOME INACCESSIBLE, AND THAT IF ANY THIRD-PARTY GAINS ACCESS TO YOUR PRIVATE KEYS OR WALLET YOUR CRYTOCURRENCIES MAY BE MISAPPROPRIATED. YOU AGREE THAT CRYTO CAVERNS HAS NO RESPONSIBILTY FOR THE LOSS OR COMPROMISE OF PRIVATE KEYS, WALLETS, OR NFTS AND CRYTO CAVERNS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SAME.
Section 18 – RISKS
You acknowledge that using cryptocurrencies, smart contracts, NFTs, blockchain tokens and other digital assets (individually and collectively (“Digital Assets”), their networks and protocols, are emerging technologies and involve serious risks. It is your duty to learn about all the risks involved with Digital Assets, their protocols and networks. There are many such risks, and describing these risks could fill chapters of a book. For example, the value of Digital Assets can change rapidly, increase or decrease unexpectedly, and potentially even fall to zero. As another example, a Digital Asset transaction may be unconfirmed for a period of time and may be never complete if it remains in a pending state. As yet another example, Digital Asset are the focus of hacking efforts, and we cannot ensure the security of yours, or that any blockchain network or protocol will not have vulnerabilities that may result in the loss of functionality or of your Digital Assets. Even if Crypto Caverns alerts you to some of the risks involved with Digital Assets, their protocols and networks, Crypto Caverns has no responsibility to alert you to all these risks.
Section 19 – ARBITRATION AGREEMENT AND WAIVER OF RIGHTS, INCLUDING CLASS ACTIONS.
PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND WAIVER OF THE RIGHT TO TRIAL BY A JURY.
- Agreement to Attempt to Resolve Disputes Through Good Faith Negotiations
Prior to commencing any legal proceeding against us of any kind, including an arbitration as set forth below, you and we will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to this Agreement or the Services (each, a “Dispute” and, collectively, “Disputes”) by engaging in good faith negotiations. Such good faith negotiations require, at a minimum, that the aggrieved party provide a written notice to the other party specifying the nature and details of the Dispute. The party receiving such notice shall have thirty (30) days to respond to the notice. Within sixty (60) days after the aggrieved party sent the initial notice, the parties shall meet and confer in good faith by videoconference, or by telephone, to try to resolve the Dispute. If the parties are unable to resolve the Dispute within ninety (90) days after the aggrieved party sent the initial notice, the parties may agree to mediate their Dispute, or either party may submit the Dispute to arbitration as set forth below.
- Agreement to Arbitrate
You and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration in accordance with the American Arbitration Association Rules. The place of arbitration shall be Wilmington, Delaware. The arbitrator(s) shall have experience adjudicating matters involving Internet technology, software applications, financial transactions and, ideally, blockchain technology. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” subsection of this Agreement as to the types and amounts of damages for which a party may be held liable. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You also agree that you and we are each waiving the right to a trial by jury.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service and shall not affect the validity and enforceability of any other remaining provisions.
Section 21 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. However, if you resume using our Services, the Terms of Service then in effect will apply to such usage.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement immediately at any time without prior notice and may deny you access to our Services (or any part thereof). You agree that you will remain liable for all obligations and amounts due up to and including the date of termination or denial of access to our Services.
Section 22 – Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and Crypto Caverns and governs your use of the Services. These Terms of Service supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Section 23 – Governing Law & Waiver
Any dispute relating to the Services shall be adjudicated under the laws of the state of Delaware without regard to Delaware’s choice of law provisions.
Section 24 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. The “Last Updated” date at the top of the Terms of Service reflects when the latest version of these Terms was posted to the Website. Unless otherwise stated, changes to these Terms of Service are effective upon posting.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 25 – Contact Information
Questions about the Terms of Service should be sent to us at [email protected].