Terms and Conditions of Use

LAST UPDATED: September 29th, 2023

THE SITE (AS DEFINED BELOW) IS NOT AVAILABLE TO PERSONS OR ENTITIES WHO: (1) RESIDE IN, (2) ARE LOCATED IN, (3) ARE INCORPORATED IN, OR (4) HAVE A REGISTERED OFFICE IN, IN EACH CASE, THE UNITED STATES OF AMERICA, CANADA, OR ANY RESTRICTED TERRITORY (AS DEFINED BELOW). IF YOU ARE A PERSON OR ENTITY DESCRIBED IN THE IMMEDIATELY PRECEDING SENTENCE, DO NOT USE OR ATTEMPT TO USE THE SITE. USE OF A VIRTUAL PRIVATE NETWORK (A “VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

THE SITE PROVIDES A USER INTERFACE THAT ENABLES INTERACTION WITH THE ETERNITY PROTOCOL. ETERNITY TECH, INC., A PANAMA CORPORATION (HEREAFTER REFERRED TO USING “US”, “WE”, “OUR” AND WORDS OF SIMILAR IMPORT) IS NOT A BROKER, DEALER, EXCHANGE, INVESTMENT ADVISER, CUSTODIAN OR FINANCIAL SERVICE PROVIDER OF ANY KIND. THE SITE IS A TECHNOLOGICAL SERVICE THAT ENABLES ACCESS AND USE SOFTWARE TO PERFORM TRANSACTIONS ON BLOCKCHAIN NETWORKS WITHOUT INTERMEDIATION BY US OR ANY OTHER PARTY.

These Terms and Conditions of Use and any terms and conditions incorporated herein by reference (collectively, “Terms”) govern your access to and use of playeternity.io (together with the Eternity Protocol user interface available at such website, and any other software or services provided on or in connection with such website (other than the Eternity Protocol), collectively, the “Site”). As used herein, “Eternity Protocol” means a decentralized software protocol that enables interaction with a system of smart contracts. For the avoidance of doubt, the Eternity Protocol is an independent software protocol that, while accessible through the Site, does not constitute a part or component of the Site.

By using the Site (which, for the avoidance of doubt includes using the Site at any time, in any manner, or for any reason, including connecting a digital wallet to the Site, or using the Site to access the Eternity Protocol), you agree that you have read, understood and accepted all of the Terms. The Terms include our Privacy Policy (the “Privacy Policy”), which, by this reference is incorporated herein in its entirety. THE TERMS CONTAIN IMPORTANT INFORMATION, INCLUDING A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER, BOTH OF WHICH IMPACT YOUR RIGHTS AS TO HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. If you do not agree with any of the Terms, you are prohibited from using, and you shall not use the Site.

BY USING THE SITE, YOU AGREE AS FOLLOWS:

We may change, amend or revise the Terms at any time, in our sole discretion. We will provide notification of any such changes by updating the terms on the Site and modifying the “Last Updated” date first set forth above. You shall review the Terms frequently for changes. Unless we state otherwise, all such changes are effective immediately, and your continued use of the Site after any Terms have been updated constitutes your binding acceptance of such changes. If you do not agree with any of the changes to the Terms, then you should not continue to use the Site. You understand and agree that you accept any and all risk for any failure on your part to check the Terms for any such updates.

Eligibility Requirements

You may only use the Site if each of the following statements (hereafter referred to as the “Eligibility Requirements”) are true. Accordingly, you represent and warrant that as of each and every time you use or receive any benefits of the Site:

you are not located in or incorporated in, nor do you reside in or have a registered office in the United States of America or Canada;
you are at least the age of majority in your place of residence or are of legal age to form a binding contract;
you have legal capacity to enter into the Terms and be bound by them and in doing so will not violate any other agreement to which you are a party;
you have not previously been suspended or removed from using the Site;
you are not a resident, citizen, national or agent of, or an entity organized, incorporated or doing business in, and do not have a registered office in any jurisdiction that we have, in our sole discretion, determined is a jurisdiction where the use of the Site is prohibited (each such jurisdiction, a “Restricted Territory”);
you are not (a) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, the European Union, His Majesty’s Treasury or any other relevant sanctions authority, (b) identified on the Denied Persons, Entity or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security, or (c) located, organized or resident in a country or territory that is, or whose government is, the subject of economic sanctions, including, without limitation, Russia, Crimea, Cuba, Iran, North Korea or Syria (any person described in the foregoing clauses (a) through (c), a “Sanctioned Person”);
you do not intend to transact in or with any Restricted Territory or Sanctioned Person;
you are not accessing the Site on behalf of a Sanctioned Person;
you do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to use of the Site; and
your use of the Site (a) is not prohibited by and does not otherwise violate or assist you to violate any applicable transnational, domestic or foreign, federal, state or local law (statutory, common or otherwise), constitution, treaty, convention, ordinance, code, rule, regulation, order, injunction, judgment, decree, ruling or other similar requirement enacted, adopted, promulgated or applied by a governmental authority, in each case as amended unless expressly specified otherwise (collectively, “Applicable Law”); and (b) is not intended to, does not, and will not, contribute to or facilitate any illegal activity, in each case including without limitation:

violations of any applicable tax laws or applicable anti-money laundering and anti-terrorist financing laws and sanctions programs, such as the U.S. Bank Secrecy Act and the U.S. Department of Treasury’s Office of Foreign Asset Controls;
engaging an transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under Applicable Law, including sales, distribution or access to counterfeit music, movies, software or other licensed materials without the appropriate authorization from the rights holder; use of our licensors’ intellectual property, name or logo, including use of our trade, service or licensed marks, without express consent from us, or in a manner that otherwise harms us, or any action that implies an untrue endorsement by or affiliation with us;
any fraudulent act or scheme to defraud, deceive, trick or mislead;
trading ahead of another user of the Site or front-running;
fraudulent trading;
accommodation trading;
fictitious transactions;
pre- arranged or non-competitive transactions;
cornering, or attempted cornering, of any digital assets;
violations of bids or offers;
wash trading (i.e., entering buy and sell orders at or about the same price, volume, and time for the purpose of generating trading volume);
manipulation (i.e., trading for the purposes of affecting the market price of a digital asset and creating an artificial price);
spoofing (i.e., placing buy or sell orders without a bona fide intent to transact and with the intent to cancel before execution);
knowingly making any bid or offer for the purpose of making a market price that does not reflect the true state of the market;
entering orders for the purpose of entering into transactions without a net change in either party’s open positions but a resulting profit to one party and a loss to the other party, commonly known as a “money pass;” or
any other trading activity that, in our reasonable judgment, is abusive, improper or disruptive to the operation of the Site.

Your use of the Site will not interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or damage, disable, overburden, or impair the functioning of the Site in any manner; and
Your use of the Site will not circumvent any content-filtering techniques, security measures or access controls that we employ on the Site, including through the use of a VPN.

We may require, on an ongoing basis, that you demonstrate your continued compliance with the Eligibility Requirements.

We reserve the right to terminate access to the Site at any time, with or without cause. Our grounds for terminating access to the Site may include, but are not limited to, any breach of the Terms, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy any of the Eligibility Requirements. Further, we reserve the right to limit or restrict access to the Site by any person or entity, or within any geographic area or legal jurisdiction, at any time and in our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Site being inaccessible to you at any time or for any reason.

Acceptable Use; Restrictions

When accessing or using the Site, you shall not violate any law, contract, intellectual property or other third-party right, or commit any tort. You acknowledge and agree that you are solely responsible for your conduct while using the Site.

You may use and access the Site solely for your personal, non-commercial use. All use of the Site must be in accordance with the Terms. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or any content, information, data or materials provided through the Site in any manner not expressly permitted by the Terms or the Site.

The Site does not provide financial services of any kind, including, without limitation broker, dealer, exchange, investment adviser or custody services. You are solely responsible for the custody and management of any and all digital assets that you may stake and/or exchange through the Eternity Protocol.

You shall not:

use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Site;
attempt to gain unauthorized access to any portion or feature of the Site, including without limitation, data or materials not intended for you, the account of any other authorized user or any other systems or networks connected to the Site or to any server used by us, by hacking, password “mining”, or any other illegitimate or prohibited means;
violate or attempt to violate the security of the Site, including without limitation, probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site, or any network connected to the Site;
attempt to interfere with the Site being provided to any user, host or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing”, or “crashing” the Site;
reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Site;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or our systems or networks, or networks connected to the Site;
use any device, software, or routine to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site;
disguise or interfere in any way with the IP address of the computer you are using to access or use the Site or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Site;
use the Site to harvest or collect e-mail addresses or other contact information;
market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Site;
create an intact reproduction of a page or pages of the Site into another service;
use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact our operations;
provide us with false, inaccurate, or misleading information; or
engage in activity that contributes to or facilitates any of the foregoing activities.

You may not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services.

You may not, and may not permit any third party to, reverse engineer, decompile, disassemble, modify, or create works derivative of the Site or any materials trademark notices, or labels from the Site on any materials accessed through the Site.

You shall not remove any proprietary notices, including copyright and trademark notices, or labels from the Site on any materials accessed through the Site.

You shall ensure that all aspects of your use of the Site is in compliance with all Applicable Law.

Intellectual Property Rights

Any and all intellectual property and other rights in the Site and its contents, including, but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are our property. Using the Site does not constitute a grant to you of any intellectual property in the Site or its contents.

You shall not copy, transmit, mirror, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit the Site or any content therein, in whole or in part without our prior written consent.

Subject to all the terms and conditions contained in the Terms, we hereby grant you a limited, nonexclusive, nontransferable license to use the Site. Such license is subject to the Terms and does not permit you to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit the Site or any content therein, in whole or in part without our prior written consent.

The license granted under this Section will automatically terminate if we suspend or terminate your access to the Site. Upon termination of the license, your right to access and use the Site will also be terminated and you shall destroy any materials in your possession that were downloaded from the Site, regardless of whether such materials are printed or in electronic format.

We reserve any and all rights not expressly granted to you under the Terms.

Network Rewards; Slashing Penalties

If you stake digital assets using the Eternity Protocol, the network or protocol on which such digital assets are staked may reward you for such staking (which contributes to the security of such network or protocol) by providing you with additional units of digital assets (any additional units so provided, “Network Rewards”). Network Rewards, if any, are programmatically distributed by the applicable network or protocol and not by us. The applicable network or protocol may, as a penalty for any misuse thereof, programmatically destroy all or a portion of any digital assets staked by you (a “Slashing Penalty”). Slashing Penalties are programmatically imposed by the applicable network or protocol and not by us. We are not responsible or liable for any Network Rewards or Slashing Penalties that result from your use or misuse of the Eternity Protocol to stake digital assets.

Disclaimer

THE SITE AND ALL MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN THE SITE, WHETHER CREATED BY US OR A THIRD PARTY, WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT THE SITE WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. WE MAY CHANGE THE MATERIALS CONTAINED ON THE SITE AT ANY TIME WITHOUT NOTICE. WE DO NOT MAKE ANY COMMITMENT TO UPDATE THE MATERIALS.

NO ADVICE, INFORMATION, OR STATEMENT BY US SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING THE SITE.

FOR THE AVOIDANCE OF DOUBT, WE DO NOT PROVIDE INVESTMENT, TRADING, FINANCIAL, TAX, OR LEGAL ADVICE, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY USE YOU MAKE OF THE SITE IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL GOALS, OBJECTIVES, CIRCUMSTANCES AND RISK TOLERANCE, IN EACH CASE WHETHER FINANCIAL OR OTHERWISE. NO INFORMATION ON THE SITE CONSTITUTES INVESTMENT, TRADING, FINANCIAL, TAX OR LEGAL ADVICE, OR ANY OTHER KIND OF ADVICE WHATSOEVER, AND YOU ACKNOWLEDGE AND AGREE THAT YOU SHOULD NOT, AND WILL NOT, TREAT OR RELY ON ANY OF THE SITE’S MATERIALS AS SUCH.

You agree that you will not take, or refrain from taking, any action based on any information contained in the Site or any other information made available at any time by us or any of our affiliates, including without limitation any blog posts, data, articles, links to Third-Party Content, discord content, news feeds, tutorials, tweets or videos. You agree that before making any decision involving your use of the Site, whether financial, legal, or otherwise, you will seek independent professional advice from an individual who is competent, licensed and qualified in the area for which such advice would be appropriate.

No pricing information or other data provided on the Site represents, or shall be construed to represent any advice regarding any transaction into which you may enter using the Site. We do not act as an agent for you or any other user of the Site. You are solely responsible for your use of the Site, including any and all transfers of your digital assets. To the fullest extent not prohibited by Applicable Law, we owe no fiduciary duties or liabilities to you or any other party, and to the extent that any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate all such duties and liabilities.

You are solely responsible for reporting and paying any taxes applicable to your use of the Site.

Risks; Indemnity

YOU USE THE SITE AND THE ETERNITY PROTOCOL ENTIRELY AT YOUR OWN RISK. YOU BEAR THE ENTIRE RISK OF ANY PROBLEMS YOU MAY EXPERIENCE WITH ANY TRANSACTIONS IN DIGITAL ASSETS IN CONNECTION WITH YOUR USE OF THE SITE OR THE ETERNITY PROTOCOL.

YOU EXPRESSLY (I) ASSUME ALL RISKS, AND (II) WAIVE, AND RELEASE US FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES, IN EACH CASE, IN CONNECTION WITH, ARISING FROM, OR IN ANY WAY RELATING TO YOUR USE OF THE SITE OR THE ETERNITY PROTOCOL.

We have no control over any digital assets that you may transfer to or from a third party, nor are we responsible for ensuring that any entity with whom you transact completes the transaction or is authorized to do so.

ANY AND ALL TRANSACTIONS THAT MAY BE PERFORMED USING THE SITE OR THE ETERNITY PROTOCOL ARE NON-CUSTODIAL. ALL TRANSACTIONS BETWEEN USERS OF THE ETERNITY PROTOCOL ARE EXECUTED PEER-TO-PEER DIRECTLY BETWEEN SUCH USERS’ ETHEREUM ADDRESSES THROUGH A SMART CONTRACT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS THAT GOVERN YOUR DIGITAL ASSETS. WHEN YOU DEPOSIT DIGITAL ASSETS INTO ANY SMART CONTRACT VIA THE ETERNITY PROTOCOL, YOU ARE NOT TRANSFERRING DIGITAL ASSETS TO US. OUR INTENT IS TO AT NO TIME HAVE CONTROL OVER ANY SUCH DIGITAL ASSETS. THE PRIVATE KEY(S) ASSOCIATED WITH THE ETHEREUM ADDRESS(ES) FROM WHICH YOU TRANSFER DIGITAL ASSETS, ARE THE ONLY PRIVATE KEY(S) THAT CAN CONTROL THE DIGITAL ASSETS YOU TRANSFER INTO THE SMART CONTRACTS VIA THE ETERNITY PROTOCOL.

By using the Site and/or the Eternity Protocol, you understand, acknowledge, agree to, and accept the following:

Any transactions involving digital assets are, by their nature, highly experimental, risky, and volatile.
There are inherent risks associated with cryptographic systems, blockchain-based networks and digital assets (including without limitation the usage and intricacies of native digital assets, like ether (ETH), smart contract-based tokens, and systems that interact with blockchain-based networks).
We are not, the Site is not, and the Eternity Protocol is not, registered or licensed by any regulatory agency or authority, nor has any such agency or authority reviewed and approved all or any portion of the Site or the Eternity Protocol.
We do not own or control any of the underlying software through which blockchain networks are formed.
In general, the software underlying blockchain networks, including the Ethereum blockchain, is open source, such that anyone can use, copy, modify, and distribute it.
We are not responsible for the operation of the blockchain-based software and networks underlying the Site or the Eternity Protocol, and there is no guarantee of the functionality, security, or availability of such software and networks, which are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the Site or the Eternity Protocol.
You alone are responsible for securing your private key(s), we do not have access to your private key(s), and losing control of your private key(s) will permanently and irreversibly deny you access to the applicable digital assets on the Ethereum blockchain or other blockchain-based networks.
If your private key(s) are lost, then (1) there will be no way to retrieve or protect your digital assets, (2) you will not be able to transfer your digital assets to any other blockchain address or wallet, and (3) you will not be able to realize any value or utility from the applicable digital assets.
The Site, the Eternity Protocol, and your digital assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit our ability to continue to make available our proprietary software and could impede or limit your ability to access or use the Site or the Eternity Protocol.
Cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to digital assets, the Site, or the Eternity Protocol, and which could result in the theft or loss of your digital assets.
To the extent within our control, we will cause updates to be made to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements, but that intention does not guarantee or otherwise ensure full security of the Site or the Eternity Protocol.
The Ethereum blockchain remains under development, which creates technological and security risks when using the Site and the Eternity Protocol in addition to uncertainty relating to digital assets and transactions therein.
The cost of transacting on the Ethereum blockchain is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain, which may result in price fluctuations or increased costs when using the Site or the Eternity Protocol.
The Site and the Eternity Protocol are subject to flaws and that you are solely responsible for evaluating any code provided relating to the Site or the Eternity Protocol.
Any use of the Site or the Eternity Protocol requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above, and by using the Site or the Eternity Protocol, you represent and warrant that you possess relevant knowledge and skills.
No reference on the Site or the Eternity Protocol to a type of digital asset indicates our approval or disapproval of the technology on which such digital asset relies, and no such reference should not be used as a substitute for your understanding of the risks specific to each type of digital asset.
Transactions entered into using the Eternity Protocol are irreversible and final, and there are no refunds. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources.
We do not take any action to resolve erroneous trades that result from your errors.
In connection with your use of the Site and/or the Eternity Protocol, you are required to pay all fees necessary for interacting with the Ethereum blockchain, including “gas” costs, as well as any and all other fees reflected on the Site or the Eternity Protocol, as applicable, at the time of your use of the same. Although we attempt to provide accurate fee information related to “gas” costs, the related information on the Site reflects only our estimates of fees, which may vary from the actual fees paid to use interact with the Ethereum blockchain.

The foregoing non-exhaustive list of risks and other warnings that we provide in these Terms in no way evidence or represent an on-going duty to alert you to all of the potential risks of using the Site or the Eternity Protocol.

By using the Site or the Eternity Protocol, you represent and warrant that you:

have been, are, and will be, in each case solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying digital assets;
have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with any digital asset or your use of the Site or the Eternity Protocol;
accept all consequences of using the Site or the Eternity Protocol, including the risk that you may lose access to your digital assets indefinitely; and
are solely responsible for all trades you place, including any erroneous orders that may be filled.

You hereby knowingly and voluntarily assume the risks set forth in the Terms and acknowledge and agree that we shall have no responsibility or liability for such risks.

You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against us and our shareholders, members, other affiliates, directors, officers, employees, agents, and representatives, suppliers, and contractors (“Representatives”) related to any such risks.

You agree to hold harmless, release, defend, and indemnify us and our Representatives against all claims, damages, obligations, losses, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees, fines or penalties imposed by any regulatory authority or governmental agency, in each case, in connection with, arising from, or in any way related to: (1) your use of the Site or the Eternity Protocol; (2) your violation of the Terms, the rights of any third party, or any Applicable Law; and (3) any third party’s use of the Site or the Eternity Protocol with your assistance or using any device or account that you own or control.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS TO OR USE OF THE SITE OR THE ETERNITY PROTOCOL, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR THE ETERNITY PROTOCOL, OR FROM ANY ACCESS TO OR USE OF ANY INFORMATION OBTAINED BY ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR THE ETERNITY PROTOCOL. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF WE OR ANY OF OUR REPRESENTATIVES HAVE BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LIABILITY. IN ANY CASE, THE ENTIRE LIABILITY OF US AND OUR REPRESENTATIVES UNDER THESE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO TWENTY-FIVE DOLLARS ($25).

WE SHALL NOT, NOR SHALL ANY OF OUR REPRESENTATIVES, BE HELD ACCOUNTABLE FOR ANY DAMAGES THAT MAY ARISE IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS ON THE SITE OR THE ETERNITY PROTOCOL, EVEN IF WE OR ANY OF OUR AUTHORIZED REPRESENTATIVES HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR CERTAIN LIABILITIES AND DAMAGES. ACCORDINGLY, THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THE TERMS APPLY TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW.

Revisions; Errors

The materials appearing on the Site may include technical, typographical, or photographic errors. We make no representation or warranty that any of the materials appearing on the Site are accurate, complete, or current. We may change the materials contained on the Site at any time without notice. We make no commitment to update the materials.

Third Party Content

In connection with your use of the Site, you may view content provided by third parties (“Third-Party Content”), including but not limited to links to web pages of such parties. We do not control, endorse or adopt, nor are we responsible for, any Third-Party Content, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of any Third-Party Content or any intellectual property rights therein. Certain Third-Party Content may, among other things, be inaccurate, misleading, or deceptive. We make no representation or warranty with respect to any Third-Party Content, nor do we have any obligation to monitor any Third-Party Content. We may, in our sole discretion, block or disable access to any Third-Party Content at any time. For the avoidance of doubt, the fact that Third-Party Content is accessible through the Site shall not be deemed to, and does not: (i) constitute our endorsement of, or our affiliation with, any provider of such Third-Party Content, or (ii) create any legal relationship between you and any such third party. Such third parties may have a privacy policy and/or terms of use that are different from our Terms, and may provide less security than the Site. Under no circumstances shall we be responsible or liable for any such differences or discrepancies between the Site and any Third-Party Content. We expressly disclaim any responsibility for or in connection with the content, materials, accuracy of information, and/or the quality of any and all Third-Party Content, as well as any products or services accessed as a result of any Third-Party Content. For the avoidance of doubt, should you choose to enter into any correspondence, business, or other dealings of any nature with any third parties, any and all such dealings are solely between you and such third parties. Under no circumstances shall we be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. YOUR USE OF THIRD-PARTY CONTENT, AND YOUR INTERACTIONS WITH THIRD PARTIES, IS AT YOUR SOLE RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD-PARTY CONTENT (SUCH AS THE TERMS OF USE OR PRIVACY POLICY OF THE PROVIDERS OF SUCH THIRD-PARTY CONTENT).

Links to Site

You may link to the Site provided that you do so in a way that indicates that the link is direct to the Site and is fair and not misleading. You may not integrate or make use of all or part of the Site in ways that would confuse or mislead visitors as to the nature and origin of the Site’s content.

International Users

The Site is distributed internationally and may contain references to our services, products, and programs that may not be available in, accessible or appropriate to use from, certain countries. Any such references do not imply that we intend to announce or provide the programs, products, or services in certain countries. Accordingly, we make no representation or warranty that any content, materials, products or services available on or accessible through the Site are appropriate or available for use in any particular jurisdiction. You agree to only use the Site in compliance with all Applicable Law.

Arbitration; Class Action and Jury Trial Waiver

Any dispute, claim, or controversy between you and us (hereafter referred to collectively as the “Parties,” and each individually, as a “Party”) in connection with, arising from or in any way related to the Terms or use of the Site shall be determined by mandatory final and binding arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Panama City, Panama, and you hereby waive any objection to venue in such location. The language of the arbitration shall be English. Except to the extent that may be required by Applicable Law, neither Party shall disclose the existence, content, or results of any arbitration without the prior written consent of the other Party.

ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You must bring any and all disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding.

We reserve the right to update, modify, revise, suspend, or make any future changes to the Terms regarding arbitration. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Your continued access to and use of the Site shall be deemed to be your acceptance of any modifications to the Terms regarding arbitration.

The Parties agree that the laws of Panama, without regard to principles of conflict of laws, shall govern the Terms of any dispute between them.

Your Privacy.

Please read our Privacy Policy. You agree to the collection, use, storage, and disclosure of your data in accordance with the Privacy Policy.

Entire Agreement

The Terms, which, for the avoidance of doubt include the Privacy Policy, (i) constitute the entire agreement between the Parties, and (ii) supersede any and all prior or contemporaneous written or oral agreements, communications or other understandings relating to the subject matter of the Terms.

Our failure or delay in exercising any right, power, or privilege under the Terms shall not operate as a waiver thereof.

The invalidity or unenforceability of any provision included in the Terms shall not affect the validity or enforceability of any other provision included in the Terms, all of which shall remain in full force and effect.

Section headings used in the Terms are for convenience only and shall not be used to limit or construe such sections.

We reserve the right to, without any notice or approval, assign or transfer our rights under the Terms, in whole or in part. You may not assign (whether by operation or law, in connection with any change of control, or otherwise) any rights under the Terms.