AIWA - Terms and Conditions
IV. Account Password and Security
V. Representations, Warranties, Risk
3. Risk of Regulatory Actions in One or More Jurisdictions
AIWA and the AION Network could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of BlockX Labs to continue to develop, or which could impede or limit your ability to access or use the Service or the AION Network blockchain.
4. Risk of Weaknesses or Exploits in the Field of Cryptography
You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and Services of Content, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, BlockX Labs intends to update the protocol underlying Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Service or accessing Content, you acknowledge these inherent risks.
5. Volatility of Cryptocurrencies
You understand that the AION Network and other blockchain technologies and associated currencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the AION Network. You acknowledge these risks and represent that BlockX Labs nor the AION Network cannot be held liable for such fluctuations or increased costs.
5.6 Application Security
You acknowledge that AION Network applications are code subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through the Service. You further expressly acknowledge and represent that AION Network applications can be written maliciously or negligently, that BlockX Labs and AION Network cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by AIWA, BlockX Labs, and the AION Network in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Service or Content.
VII. Limitation on liability
VIII. Proprietary Rights
All content included on the Site such as text, graphics, logos, buttons, images, and software is the property of BlockX Labs and Aion Network (where applicable).
AIWA and BlockX Labs trademarks may not be used in connection with any product or service that is unrelated to BlockX Labs in any manner that is likely to cause confusion among customers, or which disparages or discredits BlockX Labs. All other trademarks are not owed by BlockX Labs or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BlockX Labs or its subsidiaries.
All title, ownership and intellectual property rights in and to the Service are owned by BlockX Labs or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by BlockX Labs, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
The Service provides, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. AIWA has no control over such sites, applications and resources, you acknowledge and agree that AIWA is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AIWA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
X. Termination and suspension
BlockX Labs may terminate or suspend all or part of the Service and your AIWA access immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your access, your right to use the Service will immediately cease.
The following provisions of the Terms survive any termination of these Terms: INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
XI. No third party beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
XIII. Binding Arbitration
You agree that all dispute resolutions shall take place in Toronto, Ontario, Canada. You agree to submit to the jurisdiction of any federal or provincial court in Toronto, ON, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
4. Class Action Waiver
Both Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BLOCKX LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
5. Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
6. Changes to this Section
BlockX Labs will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and BlockX Labs agree to submit to the personal and exclusive jurisdiction of Toronto, Ontario, Canada. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and BlockX Labs shall be governed by the laws of the Toronto in the province of Ontario without regard to conflict of law provisions.
XIV. GENERAL INFORMATION
1. Entire Agreement
These Terms (and any additional terms, rules and conditions of participation that AIWA may post on the Service) constitute the entire agreement between you and AIWA with respect to the Service and supersedes any prior agreements, oral or written, between you and AIWA . In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
2. Waiver and Severability of Terms
The failure of AIWA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the Parties nevertheless agree that the arbitrator or court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
3. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.