”) and Merkle Labs Ltd. (“Company
,” or “us
” or “Agreement
”), govern Users’ access to and use ofhttps://www.swing.xyz, including any content, functionality, and services offered on or through https://app.swing.xyz
, or any documents that are incorporated herein by reference, the User must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, the User represents and warrants that the User is at least the higher of legal age to form a binding contract with the Company in the User’s applicable jurisdiction or eighteen (18) years of age, and meets all of the foregoing eligibility requirements. Further, by using this Website, the User represents and warrants that the User is not a citizen or resident of, nor is located in, any country against which the United States has sanctioned or embargoed or where the use of the Website is otherwise illegal or impermissible, whether by rule, statute, regulation, bylaw, court adjudication or order, protocol, administrative statement, code, decree, or other directive, requirement or guideline, whether applicable on the Company, the Website, the Services, or on the User (or multiple of the foregoing) by an authority with valid and enforceable jurisdiction (“Applicable Laws
”). If the User does not meet all of these requirements, the User must not access or use the Website.2. The Services; Blockchain Fees
The Website provides methods to trustlessly interact with, and transact crypto-assets on, various blockchains, including (without limitation) decentralized exchange (“DEX
”) price feed aggregation and automatic interactions (“DEX Aggregation
”), cross-chain bridging functionalities (“Bridging
”), open-source documentation and related services, application programming interface (“API
”) opportunities and documentation, and certain crypto-asset transactional abilities related to the foregoing (collectively, the “Services
”). The Services are intended to be provided in a decentralized manner, meaning that the Company has no ability to control, modify, prevent, stop, amend, or adjust interactions or transactions after they are submitted to the Services, whether or not through the Website.
Your full use and enjoyment of the Services may require you to pay transactional fees required by their underlying blockchain or distributed ledger service (“Blockchain Fees
”). These Blockchain Fees are not levied directly by the Company, but rather are determined by your use of the Services and the rules placed by corresponding blockchain communities at large. You acknowledge that the Company has no control over Blockchain Fees, (including, without limitation, their applicability, payment, amounts, transmission, and effectiveness) whether related to your use of the Services or otherwise, and agree that in no event will the Company be responsible to you or any other part for the payment, repayment, refund, disbursement, indemnity, or for any other aspect of your use or transmission of Blockchain Fees. For further information regarding blockchain technology, crypto-assets and the associated risks, see Nature of Blockchain; Assumption of Risk; Waiver of Claims
.4. Accessing the Website and User Security.
We reserve the right to withdraw or amend this Website, and any Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to those who access the Website (“Participants
The User is responsible for both:
- Making all arrangements necessary for the User to have access to the Website.
To access the Website, the Services, or some of the resources offered by the Company, the User may be required to utilize certain Web3 capabilities, such a crypto-asset wallet capable of interacting with the User’s web browser or relevant blockchain nodes (“Web3 Utilities
If the User utilizes a Web3 Utility that relies on a username, password, private key, or any other piece of information as part of its security procedures, the User must treat such information as confidential, and the User must not disclose that information to any other person or entity. The User also acknowledges that any identity linked to its Web3 Utility is personal to the User and agrees not to provide any other person with access to such identity. The User also agrees to ensure that it will lock or otherwise prevent its Web3 Utility from unauthorized use on this Website or the Services at the end of each session. The User should use particular caution when accessing the Website or the Services from a public or shared computer so that others are not able to view or record the User’s password, private key, or other personal information.
Except any open-source software or other material incorporated the Website or the Services, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- The User’s computer may temporarily store copies of such materials in RAM incidental to the User’s accessing and viewing those materials.
- The User may store files that are automatically cached by the User’s web browser for display enhancement purposes.
- The User may print or download one copy of a reasonable number of pages of the Website for its own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, the User may download a single copy to its computer or mobile device, provided the User agrees to be bound by any applicable end user license agreement or other similar agreement for such applications.
- For any open-source materials provided on the Website or through the Services, the User may perform any activities only as is consistent with the open-source license applicable to such materials.
The User must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
If the User wishes to make any use of material on the Website other than that set out in this section, it should address its request to: firstname.lastname@example.org.
Notwithstanding anything to the contrary, the User may freely use any open-sourced materials up to the limits provided, but in accordance with any requirements placed, by those materials’ open-source licenses.
The Company name, and all related names, logos, product and service names, URLs, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company; provided, however, User is hereby granted a limited, revocable, non-transferrable permission and license to use the term “Swing,” “swing.xyz,” and any related names (excluding the Company name), logos (excluding the Company logo), product and service names, designs, and slogans in any way that they see fit so long as such usage is not done in a way that: (1) is deceitful, fraudulent, or manipulative; (2) implies any relationship between User and the Company beyond that reasonably typical of the administrator of a website and its users; or (3) to cause confusion in any way to gain crypto-assets of, or personal information about, another party other than that intended by the Services or any related or interacting functionality (for example, you may not use the foregoing marks to execute phishing attacks, spearphishing attacks, social engineering, or in any way that may cause a party to transmit crypto-assets to an unintended recipient or to reveal private information, like a private key or password). All other names, logos, product and service names, designs, and slogans on the Website and the Services are the trademarks of their respective owners.6. Prohibited Uses.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelled URLs, or associated blockchain identities).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or the Services, or which, as determined by us, may harm the Company or Participants, or expose them to liability.
- If they are a citizen of or otherwise accessing the Website from the nations of the Balkans, Belarus, Burma, China, Cote D'Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, United States, and Zimbabwe (collectively, “Prohibited Jurisdictions”), or if the User is otherwise listed as a Specially Designated National by the United States Office of Foreign Asset Control (OFAC) (a “Prohibited Person”).
- If doing so is illegal or impermissible according to any Applicable Laws.
- To cause the Services, any of the Services’ underlying blockchain networks or technologies, or any other functionality with which the Services interact to work other than as intended.
- To damage the reputation of the Company or impair any of the Company’s legal rights or interests.
Additionally, the User agrees not to:
8. Monitoring and Enforcement; Termination.
- Be likely to deceive or defraud, or attempt to deceive or defraud, any person, including (without limitation) providing any false, inaccurate, or misleading information with the intent to unlawfully obtain the property of another or to provide knowingly or recklessly false information, including in any way that causes inaccuracy among the content on the Website or on the Services.
- Use the Services to manipulate or defraud any DEX or blockchain network, or the users thereof.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, misrepresent the User’s identity, or misrepresent its affiliation with any person or organization.
- Engage in any activity or behavior that violates any applicable law, rule, or regulation concerning, or otherwise damages, the integrity of the Website or the Services, or any other service or software which relies on the Services.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
- Use the Website in any manner that could disable, overburden, damage, impair, or interfere with any other party's use of the Website, including the ability to engage in real time activities through the Website or with the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website or the Services.
- Use any scheme, method, device, software, or mechanism to circumnavigate technical barriers and intended to prevent the use of the Website from Prohibited Jurisdictions, Prohibited Persons, or other persons who have been excluded from our Website and/or Services for any reason. These schemes, methods, devices, software, or mechanisms include, without limitation, onion relay protocols (TOR), virtual private networks (VPNs), colluding with persons in other geographical locations or with different access ability to the internet or our Website or Services, or any other system that causes our prevention mechanisms or controls to not accomplish their purposes.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Website, the Services, the Participants, any underlying blockchain, or any of the Service’s related utilities or functionalities.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, including any underlying blockchain.
- Attack the Website, the Services, or any of the Services’ underlying blockchain networks or technologies, or any other functionality with which the Services interact via a denial-of-service attack or a distributed denial-of-service attack.
- Encourage or induce any third party to engage in any of the activities prohibited under these Terms.
- Otherwise attempt to interfere with the proper working of the Website or the Services.
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Services (including, without limitation, activity on our Website and/or Services by a citizen of, or a user located in, a Prohibited Jurisdiction or by a Prohibited Person).
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or accessing the Website or the services. THE USER WAIVES AND HOLDS HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review interactions or activities before they are executed through the Website, and, given the nature of blockchain and functionalities like those offered via the Services, cannot ensure prompt removal or rectification of objectionable interactions or activities after they have been executed. Accordingly, the parties agree that we assume no liability for any action or inaction regarding transmissions, communications, transactions, blockchain operations, or content provided by any Participant or third party, including any that may cause a malfunction or inaccuracy on the Website or among the Services. We have no liability or responsibility to anyone for any other party’s performance or nonperformance of the activities described in this section, nor for any harms or damages created by others’ interactions with any blockchain underlying the Services or reliance on the information or content presented on the Website.9. Reliance on Information Posted.
The information presented on or through the Website (including, without limitation, DEX Aggregator pricing information, Bridging information, API connectivity documentation, or information delivered via the API) is made available solely for general information and education purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any information posted to the Website or through the Services should not be construed as an intention to form a contract, and in no case should any information be construed as an offer to buy, sell, or exchange crypto-assets. Any reliance the User places on such information is strictly at the User’s own risk
, and as is common in the blockchain space, the User is assuming a high amount of risk related to others or technical harms when operating via the Website and the Services. We disclaim all liability and responsibility arising from any reliance placed on such materials by the User or any other Participant, by anyone who may be informed of any of the Website’s or the Service’s contents, or by the actions or omissions of others interacting with any underlying blockchain.
This Website or the Services may include content provided by third parties, including (without limitation) materials provided by other users, bloggers, and third-party licensors, syndicators, blockchain users, decentralized applications, aggregators, and/or reporting services. All statements, alleged facts, and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company or even the factual status of reality. We are not responsible, or liable to the User or any third party, for the content or accuracy of any materials provided by any third parties, and User agrees that it bears sole and absolute responsibility to evaluate and select any third party functionality with which it interacts via the Services.10. Changes to the Website.
We may update the content on, design of, or functionalities available through this Website or through the Services from time to time, but the Website and the Services are not necessarily complete or up-to-date. Any of the material on the Website or provided through the Services may be out of date at any given time, and we are under no obligation to update such material.11. Information About The User and The User’s Visits to the Website.
.12. WARRANTY DISCLAIMER.
The Company is a developer of open-source software and does not unilaterally offer, operate, or administer a crypto-asset or blockchain network or Bridging service. The Services merely attempt to assist Participants in more easily participating in supported DEXs, decentralized finance (“DeFi
”) services, or blockchain networks generally. Nonetheless, the Company has no oversight on or control over any particular crypto-asset, DEX, blockchain network, or the decentralized DEX Aggregation and Bridging functionalities enabled by the Services.
The User is responsible for its use of the Services, the functionalities they enable, transactions engaged through the Website or the Services, and the use of the information derived thereof. The User is solely responsible for complying with all Applicable Laws related to its transactions and activities that directly or indirectly incorporate our provision of the Services, including, but not limited to, the Commodity Exchange Act and its regulations as overseen by the U.S. Commodity Futures Trading Commission (“CFTC
”), and the federal securities laws and its regulations overseen by the U.S. Securities and Exchange Commission (“SEC
”). The User acknowledges its understanding that the Company is not registered nor licensed with, nor have our Website or Services (or the software contained therein) been reviewed by, the CFTC, SEC, or any other regulator or governmental authority.
The User understands that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or through the Services will be free of viruses or other destructive code. The User is responsible for implementing sufficient procedures and checkpoints to satisfy the User’s particular requirements for: (1) an appropriate Web3 Utility; (2) anti-virus protection and accuracy of data input and output; (3) its participation in and use of DeFi products and any of the Services’ underlying blockchain and related technologies; and (4) maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE USER’S USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO THE USER'S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE USER’S USE OF THE WEBSITE, ITS CONTENT, AND ANY OF THE SERVICES IS AT THE USER’S SOLE RISK. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, WE, NOR ANY PERSON ASSOCIATED WITH THE COMPANY, MAKE, AND WE EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. THE COMPANY AND ANY PERSON ASSOCIATED WITH THE COMPANY DO NOT REPRESENT OR WARRANT THAT: (1) ACCESS TO THE WEBSITE OR THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (2) THAT THE INFORMATION CONTAINED OR PRESENTED ON THE WEBSITE OR VIA THE SERVICES IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (3) THAT THE WEBSITE, THE SERVICES, OR ANY SOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (4) THAT THE WEBSITE OR THE SERVICES WILL MEET THE USER’S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR OUR PRIVATE COMMUNICATIONS, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE WEBSITE OR THE SERVICES. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE WEBSITE OR THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.13. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER'S USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, THE FEEDS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIPT, OR MANIPULATION), WHETHER OR NOT A PARTICIPANT, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE WEBSITE, SERVICES, THE APIS, THE USER’S WEB3 UTILITIES, OR THE UNDERLYING BLOCKCHAINS OR RELATED BLOCKCHAIN FUNCTIONALITIES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.14. Nature of Blockchain; Assumption of Risk; Waiver of Claims.
Blockchains, DEXs, DeFi, crypto-assets, and their related technologies and functionalities are still emerging innovations that carry a relatively high amount of foreseeable and unforeseeable risk from security, financial, technical, political, social, and personal safety standpoints. The mere access to and interaction with blockchains requires high degrees of skill and knowledge to operate with a relative degree of safety and proficiency. Crypto-assets are highly volatile in nature due to many diverse factors, including without limitation use and adoption, speculation, manipulation, technology, security, and legal and regulatory developments and application. Further, the speed and cost of transacting with cryptographic technologies, such as blockchains like those underlying the Services, is variable and highly volatile. Moreover, the transparent nature of many blockchains means that any interactions the User has with any blockchain may be publicly visible and readable in human form.
By accessing and using the Website or the Services, the User acknowledges the foregoing and agrees and represents that it understands such and other risks involved with blockchains, DEXs, DeFi, Bridging, and related technologies (including any specific technical language used in this Agreement). The User further represents that it has all knowledge sufficient to work, and is informed of all foreseeable risks, and the possibility of unforeseeable risks, associated with blockchains, crypto-assets, Web3 Utilities, smart contracts, oracles, APIs, and the Services. The User further acknowledges, and assumes all risk related to the possibility, that any information presented via the Website, Services, or Feeds may be inaccurate, possibly due to another party’s malicious activities and possibly to the User’s severe harm or detriment. The User agrees that we are not responsible for any of these or related risks, do not own or control any blockchain or DEX, cannot guarantee the safe or accurate functioning of the Services, and shall not be held liable for any resulting harms, damages, or losses incurred by or against the User experiences while accessing or using the Website or the Services. Accordingly, the User acknowledges the foregoing, represents its understanding of the foregoing, and agrees to assume full responsibility for all of the risks of accessing and using the Website and interacting with the Services, whether mentioned in this Section or otherwise. The User further expressly waives and releases us from any and all liability, claims, causes of action, or damages arising from or in any way relating to the User’s use of the Website and the User’s interaction with the Services. 15. No Professional Advice.
All information or content provided or displayed by the Website (including, without limitation, information related to DEXs or crypto-assets) is for informational purposes only and should not be construed as professional advice (including, without limitation, tax, legal, or financial advice). The User should not take, or refrain from taking, any action based on any information or content displayed or provided on the Website or through the Services. The User should seek independent professional advice from an individual licensed and qualified in the area appropriate for such before the User makes any financial, legal, or other decisions where such is considered prudent. The User acknowledges and agrees that, to the fullest extent permissible by law, it has not relied on the Company, the content on the Website, or the Services for any professional advice related to its financial or legal behaviors.16. No Fiduciary Duties.
This Agreement, and the provision of the Website and the Services, is not intended to create any fiduciary duties between us and the User or any third party. The Company never takes possession, custody, control, ownership, or management of any crypto-assets or other property you may transmit using the Services. To the fullest extent permissible by law, the User agrees that neither the User’s use of the Website or the Services causes us or any Participant to owe fiduciary duties or liabilities to the User or any third party. Further, the User acknowledges and agrees to the fullest extent such duties or liabilities are afforded by law or by equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated, and that we and any other Participant shall be held completely harmless in relation thereof. The User further agrees that the only duties and obligations that we or any Participant owes the User, and the only rights the User has related to this Agreement or the User’s use of the Website or the Services, are those set out expressly in this Agreement or that cannot be waived by law.17. Links from the Website.
If the Website may contain links to other sites and resources provided by third parties, these links are provided for convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and the User acknowledges and agrees that we do not and will not accept any responsibility for them or for any loss or damage that may arise from the User’s use of them. If the User decides to access any of the third-party websites linked to this Website, the User does so entirely at its own risk and subject to the terms and conditions of use for such websites.18. Indemnification.
The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.21. Limitation on Time to File Claims.
, and any other document incorporated by reference herein constitute the sole and entire agreement between the User and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.24. Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to email@example.com