CROCODILE
Labs Terms of Service
Last Updated: May 24, 2023
These
Terms of Use (these “Terms”) govern
your access to and use of certain products, services
and properties made available by Crocodile Labs Inc. (“Crocodile Labs,” “we,” “us” or “our”). (As used herein, the term “you” (including any variant) refers to each individual who enters
into these Terms on such individual’s own behalf or any entity on behalf of
which an individual enters into these Terms.) Our products, services and
properties include, without limitation, our online services, including the
website through which these Terms are made available (the “Website”), our web-hosted user interface (the “Interface”), and software provided on or in connection with those
services (collectively, the “Service”).
Certain features of the Service may be subject to additional guidelines, terms,
or rules (“Supplemental Terms”),
which will be displayed in connection with such features. These Terms and all
such Supplemental Terms, which are incorporated by reference, are collectively
referred to as the “Agreement.” If these Terms are inconsistent
with any Supplemental Terms, the Supplemental Terms shall control solely with
respect to such services. To access or use any of our Services, you must be
able to form a legally binding contract with us. Accordingly, you represent
that you are at least the age of majority in your jurisdiction (e.g., 18 years
old in the United States) and have the full right, power, and authority to
enter into and comply with the terms and conditions of this Agreement on behalf
of yourself and any company or legal entity for which you may access or use the
Interface. If you are entering into this Agreement on behalf of an entity, you
represent to us that you have the legal authority to bind such entity.
PLEASE READ SECTION 12 OF THIS
AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH
LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND
FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU
WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN
INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY
INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO
A JURY TRIAL ON YOUR CLAIMS.
We
reserve the right, in our sole discretion, to modify this Agreement from time
to time. If we make any material modifications, we will notify you by updating
the date at the top of the Agreement and by maintaining a current version of
the Agreement on our Website. All modifications will be effective when they are
posted, and your continued accessing or use of any of the Services will serve
as confirmation of your acceptance of those modifications. If you do not agree
with any modifications to this Agreement, you must immediately stop accessing
and using all of our Services.
1.
OUR SERVICES.
1.1
The Interface; The Protocol.
The Interface provides a web or mobile-based means of access to a decentralized protocol on various public blockchains, including but not limited to Ethereum, that allows users to trade certain compatible digital assets (the “Protocol”). The Interface may also provide information and data about digital assets or tokens.
The Interface is distinct from the Protocol and is one, but not the exclusive, means of accessing the Protocol. The Protocol comprises open-source or source- available self-executing smart contracts that are deployed on various public blockchains, such as the Ethereum blockchain. Crocodile Labs does not control or operate any version of the Protocol on any blockchain network. By using the Interface, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools on the Protocol or control trade execution on the Protocol. When traders pay fees for trades, those fees accrue to liquidity providers for the Protocol. Crocodile Labs is not a liquidity provider into Protocol liquidity pools and liquidity providers are independent third parties. Deployments on other networks typically make use of cross-chain bridges, which allow assets native to one blockchain to be transferred to another blockchain. Please note that digital assets that have been “bridged” or “wrapped” to operate on other blockchain networks (including to blockchains compatible with the Ethereum Virtual Machine that are designed to ensure the Ethereum blockchain can effectively process more transactions or other blockchains that are frequently referred to as “Layer 2” solutions) are distinct from the original Ethereum main-net asset.
1.2
Trading. You agree and understand that:
(a) all trades you submit through any of our Services are considered
unsolicited, which means that they are solely initiated by you; (b) you have
not received any investment advice from us in connection with any trades; and
(c) we do not conduct a suitability review of any trades you submit.
1.3
Digital Wallet. To access the
Interface, you must use a non-custodial electronic wallet that allows you to
purchase, store, and engage in transactions using cryptocurrency and other
digital assets (each, a “Digital Wallet”) on supported bridge
extensions. ALL TRANSACTIONS INITIATED
THROUGH OUR SERVICE ARE EFFECTED BY THIRD-PARTY
DIGITAL WALLET EXTENSIONS. BY USING OUR SERVICES YOU AGREE THAT SUCH
TRANSACTIONS ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE
APPLICABLE EXTENSIONS. We accept
no responsibility for, or liability to you in connection with, your use of a
Digital Wallet and make no representations or warranties regarding how any of
our Services will operate with any specific Digital Wallet. Likewise, we are
not liable for any acts or omissions by you in connection with or as a result
of your Digital Wallet being compromised. By connecting your Digital
Wallet to our Interface, you agree to be bound by this Agreement and all of the
terms incorporated herein by reference.
1.4
Non-Custodial and No Fiduciary Duties. Crocodile Labs never has custody,
possession, or control of your digital assets at any time. Accordingly, you are solely responsible
for the custody of the cryptographic private keys to your Digital Wallet and you should never share your Digital Wallet
credentials with anyone. This Agreement is not intended to, and does not,
create or impose any fiduciary duties on us. To the fullest extent permitted by
law, you acknowledge and agree that we owe no fiduciary duties or liabilities
to you or any other party, and that to the extent any such duties or
liabilities may exist at law or in equity, those duties and liabilities are
hereby irrevocably disclaimed, waived, and eliminated. You further agree that
the only duties and obligations that we owe you are those set out expressly in
this Agreement.
1.5
Compliance and Tax Obligations. One or more of our Services may
not be available or appropriate for use in your jurisdiction. By accessing or
using any of our Services, you agree that you are solely and entirely
responsible for compliance with all laws and regulations that may apply to you.
Specifically, your use of our Services or the Protocol may result in various
tax consequences, such as income or capital gains tax, value-added tax, goods
and services tax, or sales tax in certain jurisdictions. It is your
responsibility to determine whether taxes apply to any transactions you
initiate or receive and, if so, to report and/or remit the correct tax to the
appropriate tax authority.
1.6
Other Services; Modifications. We may from time to time in the
future offer additional products or services, and such additional products or
services shall be considered a “Service” as used herein. We reserve the
following rights, which do not constitute obligations of ours: (a) with or
without notice to you, to modify, substitute, eliminate or add to any of the Services;
(b) to review, modify, filter, disable, delete and remove any and all content and
information from any of the Services.
2.
INTELLECTUAL PROPERTY RIGHTS.
We own all intellectual property
and other rights in each of our Services and its respective contents, including,
but not limited to, software, text, images, trademarks, service marks, copyrights,
patents, designs, and its “look and feel.” Subject to the terms of this Agreement, we
grant you a limited, revocable, non-exclusive, non-sublicensable,
non-transferable license to access and use our Services solely in accordance
with this Agreement. You agree that you will not use, modify, distribute,
tamper with, reverse engineer, disassemble or decompile any of our Services for
any purpose other than as expressly permitted pursuant to this Agreement.
Except as set forth in this Agreement, we grant you no rights to any of our
Services, including any intellectual property rights.
3.
User Representations and Warranties.
3.1
By using the Service, you agree to maintain the security of your
Digital Wallet and accept all risks of unauthorized access to your Digital
Wallet and to the information you provide to us. You agree that you will not
(i) buy, sell, rent, or lease access to the Service or (ii) attempt to access
the Service through unauthorized third party applications or clients.
3.2
Crocodile Labs may require you to provide additional information
and documents from time to time, including without limitation at the request of
any competent authority or in order to help Crocodile Labs comply with
applicable law, regulation, or policy, including laws related to
anti-laundering (legalization) of incomes obtained by criminal means, or for
counteracting financing of terrorism. Crocodile Labs may also require you to
provide additional information and documents in cases where it has reasons to
believe that: (i) your Digital Wallet or other access to the Service is being
used for money laundering or for any other illegal activity; (ii) you have
concealed or reported false identification information and other details; or
(iii) transactions effected via your Digital Wallet were effected
in breach of this Agreement. In such cases, Crocodile Labs, in its sole
discretion, may pause or cancel your transactions until such requested
additional information and documents have been reviewed by Crocodile Labs and
accepted as satisfying the requirements of applicable law, regulation, or
policy. If you do not provide complete and accurate information and documents
in response to such a request, Crocodile Labs may refuse to provide you with
further access to the Service.
3.3
When you use the Service, you hereby represent and warrant, to and
for the benefit of Crocodile Labs, its affiliates, and its and their respective
representatives, as follows: (i) you are sophisticated, experienced and
knowledgeable regarding blockchain technology and digital assets; (ii) you have
conducted an independent investigation of the Service and the matters
contemplated by this Agreement, have formed your own independent judgment
regarding the benefits and risks of and necessary and desirable practices regarding
the foregoing, and, in making the determination to use the Service, you have
relied solely on the results of such investigation and such independent
judgement; (iii) without limiting the generality of the foregoing, you
understand, acknowledge and agree that the legal requirements pertaining to
blockchain technologies and digital assets generally, are uncertain, and you
have conducted an independent investigation of such potentially applicable
legal requirements and the resulting risks and uncertainties; (iv) there is no
legal proceeding pending that relates to your activities relating to token- or
digital asset- trading or blockchain technology related activities; (v) you
have not failed to comply with, and have not violated, any applicable legal requirement
relating to any blockchain technologies or token-trading activities; and (vi) no
investigation or review by any governmental entity is pending or, to your
knowledge, has been threatened against or with respect to you, nor does any
government order or action prohibit you or any of your representatives from
engaging in or continuing any conduct, activity or practice relating to the
Service and cryptocurrency. You hereby irrevocably disclaim and disavow
reliance upon any statements or representations made by or on behalf of, or
information made available by, Crocodile Labs, in determining to enter into
this Agreement or otherwise use the Service.
4.
Your Responsibilities.
4.1
Acceptable Use Policy. You agree not to engage in, or
attempt to engage in, or knowingly facilitate any of the following categories
of prohibited activity in relation to your access and use of the Services:
a. Activity
that seeks to interfere with or compromise the integrity, security, or proper
functioning of any computer, server, network, personal device, or other
information technology system, including, but not limited to, the deployment of
viruses and denial of service attacks;
b. Use
the Service in any manner that could interfere with, disrupt, negatively affect
or inhibit others from fully enjoying the Service, or that could damage,
disable, overburden or impair the functioning of the Service in any manner;
c. Use
any robot, spider, crawler, scraper, script, browser extension, offline reader,
or other automated means or interface not authorized by us to access the
Service, extract data or otherwise interfere with or modify the rendering of
Service pages or functionality;
d. Activity
that seeks to bypass or ignore instructions that control all automated access
to the Service;
e. Activity
that seeks to defraud us or any other person or entity, including, but not
limited to, providing any false, inaccurate, or misleading information in order
to unlawfully obtain the property of another;
f. Any
“rug pulls,” “front-running,” “wash trading,” “pump and dump trading,” “ramping,”
“cornering” or fraudulent, deceptive or manipulative trading activities;
g. Any
harm or explicit loss of value to, or otherwise manipulate, another protocol
based on learnings from the Services;
h. Any
artificial inflation in pricing for any tangible or intangible item or anything
of value, including, without limitation, any token, security or currency;
i. Any
unlawful or illicit conversion of any tangible or intangible item or anything
of value, including, without limitation, any token, security or currency;
j. Any
artificial increase in the value of any collateral;
k. Any
borrowing of assets without intention or means to repay same;
l. Any
unjust enrichment;
m. Any
misappropriation or unlawful conversion of funds;
n. Any
improper exploitation of vulnerabilities of any protocol, platform, or system
of any nature;
o. Any
malicious attacks on any protocol or system of any nature;
p. Any
commodities or securities fraud;
q. Activity
that violates any applicable law, rule, or regulation concerning the trading of
securities or derivatives, including, but not limited to, the unregistered
offering of securities and the offering of leveraged and margined commodity
products to retail customers in the United States.
r. Purchase, sale, or transfer of stolen items, fraudulently obtained items,
items taken without authorization, and/or any other illegally obtained items.
s. Activity
that involves data mining, robots, scraping, or similar data gathering or
extraction methods of content or information from any of our Services.
t. Activity
that violates any applicable law, rule, or regulation of the United States or
another relevant jurisdiction, including, but not limited to, the restrictions
and regulatory requirements imposed by U.S. law.
4.2
Gas Fees. Blockchain transactions require the payment of transaction fees to
the appropriate network (“Gas Fees”). Except as otherwise expressly set
forth in the terms of another offer by Crocodile Labs, you will be solely
responsible to pay the Gas Fees for any transaction that you initiate via any
of our Services.
4.3
Necessary Equipment. You must provide all equipment and software necessary to connect
to the Service. You are solely responsible for any fees, including Internet
connection or mobile fees, that you incur when accessing the Service.
5.
DISCLAIMERS.
5.1
Assumption of Risk Generally. YOU UNDERSTAND THAT THE MARKETS
FOR DIGITAL ASSETS ARE NASCENT AND HIGHLY VOLATILE DUE TO RISK FACTORS INCLUDING,
BUT NOT LIMITED TO, ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND
REGULATION. STABLECOINS MAY NOT BE AS STABLE AS THEY PURPORT TO BE, MAY NOT BE
FULLY OR ADEQUATELY COLLATERALIZED, AND MAY BE SUBJECT TO PANICS AND RUNS. FURTHER,
YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND
SETTLE, AND THAT BLOCKCHAIN BASED TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED.
YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH
CRYPTOGRAPHIC AND BLOCKCHAIN BASED SYSTEMS SUCH AS ETHEREUM ARE VARIABLE AND
MAY INCREASE DRAMATICALLY AT ANY TIME. IF YOU ACT AS A LIQUIDITY PROVIDER TO
THE PROTOCOL THROUGH THE INTERFACE, YOU UNDERSTAND THAT YOUR DIGITAL ASSETS MAY
LOSE SOME OR ALL OF THEIR VALUE WHILE THEY ARE SUPPLIED TO THE PROTOCOL THROUGH
THE INTERFACE DUE TO THE FLUCTUATION OF PRICES OF TOKENS IN A TRADING PAIR OR
LIQUIDITY POOL. FINALLY, YOU
UNDERSTAND THAT WE DO NOT CREATE, OWN, OR OPERATE CROSS CHAIN BRIDGES AND WE DO
NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SAFETY OR SOUNDNESS OF ANY
CROSS CHAIN BRIDGE, INCLUDING ITS USE FOR PROTOCOL GOVERNANCE. IN SUMMARY, YOU ACKNOWLEDGE THAT WE
ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL
THE PROTOCOL, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU
EXPERIENCE WHILE ACCESSING OR USING ANY OF OUR SERVICES. ACCORDINGLY, YOU
UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF
ACCESSING AND USING THE INTERFACE TO INTERACT WITH THE PROTOCOL.
5.2
No Warranties.
EACH
OF OUR SERVICES 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 AND FITNESS FOR A
PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF EACH OF OUR SERVICES
IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF OUR SERVICES
WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION
CONTAINED IN ANY OF OUR SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, OR
CURRENT; OR THAT ANY OF OUR SERVICES WILL BE FREE FROM ERRORS, DEFECTS,
VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT
WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING ANY OF OUR SERVICES.
WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS,
OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR SERVICES.
SIMILARLY,
THE PROTOCOL IS PROVIDED “AS IS”, AT YOUR OWN RISK, AND WITHOUT
WARRANTIES OF ANY KIND. WE DO NOT PROVIDE, OWN, OR CONTROL THE PROTOCOL, WHICH
IS RUN AUTONOMOUSLY WITHOUT ANY HEADCOUNT BY SMART CONTRACTS DEPLOYED ON
VARIOUS BLOCKCHAINS. NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE PROTOCOL
WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE,
INABILITY TO USE, OR YOUR INTERACTION WITH OTHER USERS OF, THE PROTOCOL,
INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS, OR
ANYTHING ELSE OF VALUE. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING
ANY OF OUR SERVICES.
ANY
PAYMENTS OR FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA
AUTOMATED SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE
PAYMENTS OR TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY PAYMENTS OR
TRANSACTIONS.
5.3
Third-Party Data. WE MAY PROVIDE INFORMATION ON THE SERVICES, INCLUDING
INFORMATION ABOUT VARIOUS DIGITAL ASSETS, SOURCED FROM THIRD PARTIES (“THIRD-PARTY DATA”). FOR THE AVOIDANCE
OF DOUBT, CROCODILE LABS DOES NOT MAKE ANY WARRANTIES ABOUT THE ACCURACY OR
RELIABILITY OF THIRD-PARTY DATA. YOU AGREE IT IS IMPOSSIBLE FOR CROCODILE LABS
TO MONITOR ANY THIRD-PARTY DATA AND DO NOT RELY ON CROCODILE LABS TO VERIFY THE
ACCURACY OF SUCH THIRD-PARTY DATA.
5.4
Not Investment Advice. ANY INFORMATION PROVIDED BY ANY
OF OUR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED
AS INVESTMENT ADVICE OR A RECOMMENDATION THAT A PARTICULAR TOKEN OR OTHER
DIGITAL ASSET IS A SAFE OR SOUND INVESTMENT.
YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY
INFORMATION YOU ACCESS THROUGH THE SERVICES. BY PROVIDING TOKEN INFORMATION FOR
YOUR CONVENIENCE, WE DO NOT MAKE ANY INVESTMENT RECOMMENDATIONS TO YOU OR OPINE
ON THE MERITS OF ANY TRANSACTION OR OPPORTUNITY. YOU ALONE ARE RESPONSIBLE FOR
DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION
IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL
CIRCUMSTANCES, AND RISK TOLERANCE.
6.
THIRD-PARTY PROPERTIES;
THIRD-PARTY APPLICATIONS. The Service
may contain links to third-party properties (“Third-Party Properties”)
and applications (“Third-Party Applications”). When you click on a link
to a Third-Party Property or Third-Party Application, such as a bridge
extension, you are subject to the terms and conditions (including privacy
policies) of such other property or application. Such Third-Party Properties
and Third-Party Applications are not under the control of Crocodile Labs. Crocodile
Labs is not responsible for any Third-Party Properties or Third-Party
Applications. Crocodile Labs provides links to these Third-Party Properties and
Third-Party Applications only as a convenience and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to
Third-Party Properties or Third-Party Applications, or their products or
services. You use all links in Third-Party Properties, and Third-Party
Applications at your own risk. When you leave our Service, our Terms and
policies no longer govern. You should review all applicable agreements and
policies, including privacy and data gathering practices, of any Third-Party
Properties or Third-Party Applications, and should make whatever investigation
you feel necessary or appropriate before proceeding with any transaction with
any third party.
7.
Indemnification. You agree to hold harmless, release, defend, and indemnify us and
our officers, directors, employees, contractors, agents, affiliates, and
subsidiaries from and against all claims, damages, obligations, losses,
liabilities, costs, and expenses arising from: (a) your access and use of any
of our Services; (b) your violation of any term or condition of this Agreement,
the right of any third party, or any other applicable law, rule, or regulation; (c) any other party’s access and
use of any of our Services with your assistance or using any device or account
that you own or control; and (d) any dispute between you and (i) any other user
of any of the Services or (ii) any of your own customers or users.
8.
RELEASE OF CLAIMS. You expressly agree that you
assume all risks in connection with your access and use of any of our Services.
You further expressly waive and release us from any and all liability, claims,
causes of action, or damages arising from or in any way relating to your use of
any of our Services. If you are a California resident, you waive the benefits
and protections of California Civil Code § 1542, which provides: “A general
release does not extend to claims that the creditor or releasing party does not
know or suspect to exist in his or her favor at the time of executing the
release and that, if known by him or her, would have materially affected his or
her settlement with the debtor or released party.”
9.
INVESTIGATIONS. If Crocodile Labs becomes aware of any possible violations by you
of this Agreement, Crocodile Labs reserves the right to investigate such
violations. If, as a result of the investigation, Crocodile Labs believes that
criminal activity may have occurred, Crocodile Labs reserves the right to refer
the matter to, and to cooperate with, any and all applicable legal authorities.
Crocodile Labs is entitled, except to the extent prohibited by applicable law,
to disclose any information or materials on or in the Service in Crocodile Labs’
possession in connection with your use of the Service, to (i) comply with
applicable laws, legal process or governmental request; (ii) enforce this
Agreement, or (iii) protect the rights, property or personal safety of Crocodile
Labs, its users, or the public, and all law enforcement or other government
officials, as Crocodile Labs in its sole discretion believes to be necessary or
appropriate. By agreeing to this Agreement, you hereby provide your irrevocable
consent to the foregoing. You acknowledge and agree that you have no
expectation of privacy concerning your use of the Services.
10.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES 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 OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR THE INFORMATION PROVIDED VIA THE SERVICES, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CROCODILE LABS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE INTERFACE, THE PROTOCOL, OR THE SERVICES; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION OF THE SERVICES; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES; AND (G) THE ILLEGAL CONDUCT OF ANY THIRD PARTY.
WE HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF ANY PAYMENTS OR TRANSACTIONS THAT YOU ENGAGE IN VIA THE SERVICES, OR ANY OTHER PAYMENT OR TRANSACTIONS THAT YOU CONDUCT VIA THE SERVICES.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD PARTY PROPERTIES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY, THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY DATA, THIRD PARTY PROPERTIES AND THIRD PARTY APPLICATIONS. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF CROCODILE LABS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, OR YOUR ACCESS TO AND USE OF THE SERVICE, EXCEED $500.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11.
TERM AND TERMINATION. Subject to this Section, the Agreement will remain in full force
and effect while you use the Services. We may suspend or terminate your rights
to use the Services at any time for any reason at our sole discretion,
including for any use of the Services in violation of the Agreement. Upon
termination of your rights under the Agreement, your right to access and use
the Services will terminate immediately. Crocodile Labs will not have any
liability whatsoever to you for any termination of your rights under the
Agreement.
12.
ARBITRATION CLAUSE AND CLASS ACTION
WAIVER. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It
requires that you and Crocodile Labs arbitrate disputes against one another.
Dispute
Resolution: PLEASE BE AWARE THAT THIS SECTION 12 CONTAINS PROVISIONS GOVERNING HOW DISPUTES
THAT YOU AND CROCODILE LABS HAVE AGAINST EACH OTHER WILL BE RESOLVED. AMONG
OTHER THINGS, THIS SECTION 12 INCLUDES AN AGREEMENT TO
ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN
YOU AND CROCODILE LABS BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS
SECTION 12 ALSO CONTAINS A CLASS ACTION AND
JURY TRIAL WAIVER. PLEASE READ THIS SECTION 12 CAREFULLY.
12.1
Applicability of Arbitration Agreement. Subject to
the terms of this Arbitration Agreement, you and Crocodile Labs agree that any
dispute, claim, or disagreement arising out of or relating in any way to your
access to or use of the Services, any communications you receive, or this
Agreement, including claims and disputes that arose between us before the
effective date of the Agreement (each, a “Dispute”) will be resolved by
binding arbitration, rather than in court, except that: (1) you and Crocodile
Labs may assert claims or seek relief in small claims court if such claims
qualify and remain in small claims court; and (2) you or Crocodile Labs may
seek equitable relief in court for infringement or other misuse of intellectual
property rights (such as trademarks, trade dress, domain names, trade secrets,
copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes
that arose or involve facts occurring before the existence of this or any prior
versions of this Agreement as well as claims that may arise after the
termination of the Agreement.
12.2
Informal Dispute Resolution. There may
be instances when a Dispute arises between you and Crocodile Labs. If that
occurs, Crocodile Labs is committed to working with you to reach a reasonable
resolution. You and Crocodile Labs agree that good faith informal efforts to
resolve Disputes can result in a prompt, low‐cost and mutually beneficial
outcome. You and Crocodile Labs therefore agree that before either party
commences arbitration against the other (or initiates an action in small claims
court if a party so elects), we will personally meet and confer telephonically
or via videoconference, in a good faith effort to resolve informally any
Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution
Conference”). If you are represented by counsel, your counsel may
participate in the conference, but you also agree to participate in the
conference.
The party initiating a Dispute
must give notice to the other party in writing of its intent to initiate an
Informal Dispute Resolution Conference (“Notice”), which shall occur
within 45 days after the other party receives such Notice, unless an extension
is mutually agreed upon by the parties in writing. Notice to Crocodile Labs
that you intend to initiate an Informal Dispute Resolution Conference should be
sent by email to legal@crocodilelabs.io or regular mail to our offices located
at 5020 Clark Rd. #436, Sarasota, FL 34233. The Notice must include: (1) your
name, telephone number, mailing address, e‐mail address associated with your
account (if you have one); (2) the name, telephone number, mailing address and
e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution
Conference shall be individualized such that a separate conference must be held
each time either party initiates a Dispute, even if the same law firm or group
of law firms represents multiple users in similar cases, unless all parties
agree; multiple individuals initiating a Dispute cannot participate in the same
Informal Dispute Resolution Conference unless all parties agree. In the time between
a party receiving the Notice and the Informal Dispute Resolution Conference,
nothing in this Arbitration Agreement shall prohibit the parties from engaging
in informal communications to resolve the initiating party’s Dispute. Engaging
in the Informal Dispute Resolution Conference is a condition precedent and
requirement that must be fulfilled before commencing arbitration. The statute
of limitations and any filing fee deadlines shall be tolled while the parties
engage in the Informal Dispute Resolution Conference process required by this
Section.
12.3
Waiver of Jury Trial. YOU
AND CROCODILE LABS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE
IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Crocodile
Labs are instead electing that all Disputes shall be resolved by arbitration
under this Arbitration Agreement, except as specified in the subsection
entitled “Applicability of Arbitration
Agreement” above. There is no judge or jury in arbitration, and court review
of an arbitration award is subject to very limited review.
12.4
Waiver of Class and Other Non-Individualized Relief. YOU
AND CROCODILE LABS AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 12.9 (BATCH
ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN
INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND
THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD,
ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE,
OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE
THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY
OTHER CUSTOMER OR USER. Subject to this Arbitration
Agreement, the arbitrator may award declaratory or injunctive relief only in
favor of the individual party seeking relief and only to the extent necessary
to provide relief warranted by the party’s individual claim. Nothing in this
paragraph is intended to, nor shall it, affect the terms and conditions under
the subsection 12.9 (Batch Arbitration) entitled “Batch Arbitration.” Notwithstanding
anything to the contrary in this Arbitration Agreement, if a court decides by
means of a final decision, not subject to any further appeal or recourse, that
the limitations of this subsection, “Waiver
of Class and Other Non-Individualized Relief,” are invalid or unenforceable
as to a particular claim or request for relief (such as a request for public
injunctive relief), you and Crocodile Labs agree that that particular claim or
request for relief (and only that particular claim or request for relief) shall
be severed from the arbitration and may be litigated in the state or federal
courts located in Florida. All other Disputes shall be arbitrated or litigated
in small claims court. This subsection does not prevent you or Crocodile Labs
from participating in a class-wide settlement of claims.
12.5
Rules and Forum. This Agreement evidences a
transaction involving interstate commerce; and notwithstanding any other
provision herein with respect to the applicable substantive law, the Federal
Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and
enforcement of this Arbitration Agreement and any arbitration proceedings. If
the Informal Dispute Resolution Conference described above does not resolve
satisfactorily within sixty (60) days after receipt of Notice, you and Crocodile
Labs agree that either party shall have the right to finally resolve the
Dispute through binding arbitration. The arbitration will be conducted by JAMS,
an established alternative dispute resolution provider. Disputes involving
claims, counterclaims, or request for relief under $250,000, not inclusive of
attorneys’ fees and interest, shall be subject to JAMS’s most current version
of the Streamlined Arbitration Rules and procedures available at
http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall
be subject to JAMS’s most current version of the Comprehensive Arbitration
Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.
JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at
800-352-5267. If JAMS is not available to arbitrate, the parties will select an
alternative arbitral forum. Your responsibility to pay any JAMS fees and costs
will be solely as set forth in the applicable JAMS rules.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account information (if applicable); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and otherwise agree, or the Batch Arbitration process discussed in subsection 12.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the applicable JAMS rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.
You and Crocodile Labs agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
12.6
Arbitrator. The arbitrator will be either a retired judge or an attorney
licensed to practice law in the state of Florida and will be selected by the parties
from the JAMS roster of consumer dispute arbitrators. If the parties are unable
to agree upon an arbitrator within thirty-five (35) days of delivery of the
Request, then JAMS will appoint the arbitrator in accordance with the
applicable JAMS rules, provided that if the Batch Arbitration process under
subsection 12.9 (Batch Arbitration) is triggered,
JAMS will appoint the arbitrator for each batch.
12.7
Authority of Arbitrator. The
arbitrator shall have exclusive authority to resolve any Dispute, including,
without limitation, disputes arising out of or related to the interpretation or
application of the Arbitration Agreement, including the enforceability,
revocability, scope, or validity of the Arbitration Agreement or any portion of
the Arbitration Agreement, except for the following: (1) all Disputes arising
out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any
claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is
unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized
Relief” has been breached, shall be decided by a court of competent
jurisdiction and not by an arbitrator; (2) except as expressly contemplated in
the subsection entitled “Batch
Arbitration,” all Disputes about the payment of arbitration fees shall be
decided only by a court of competent jurisdiction and not by an arbitrator; (3)
all Disputes about whether either party has satisfied any condition precedent
to arbitration shall be decided only by a court of competent jurisdiction and
not by an arbitrator; and (4) all Disputes about which version of the
Arbitration Agreement applies shall be decided only by a court of competent
jurisdiction and not by an arbitrator. The arbitration proceeding will not be
consolidated with any other matters or joined with any other cases or parties,
except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to
grant motions dispositive of all or part of any Dispute. The arbitrator shall
issue a written award and statement of decision describing the essential
findings and conclusions on which the award is based, including the calculation
of any damages awarded. The award of the arbitrator is final and binding upon
you and us. Judgment on the arbitration award may be entered in any court
having jurisdiction.
12.8
Attorneys’ Fees and Costs. The parties
shall bear their own attorneys’ fees and costs in arbitration unless the
arbitrator finds that either the substance of the Dispute or the relief sought
in the Request was frivolous or was brought for an improper purpose (as
measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
If you or Crocodile Labs need to invoke the authority of a court of competent
jurisdiction to compel arbitration, then the party that obtains an order
compelling arbitration in such action shall have the right to collect from the
other party its reasonable costs, necessary disbursements, and reasonable
attorneys’ fees incurred in securing an order compelling arbitration. The
prevailing party in any court action relating to whether either party has
satisfied any condition precedent to arbitration, including the Informal
Dispute Resolution Conference, is entitled to recover their reasonable costs,
necessary disbursements, and reasonable attorneys’ fees and costs.
12.9
Batch Arbitration. To increase the efficiency of administration and resolution of
arbitrations, you and Crocodile Labs agree that in the event that there are one
hundred (100) or more individual Requests of a substantially similar nature
filed against Crocodile Labs by or with the assistance of the same law firm,
group of law firms, or organizations, within a thirty (30) day period (or as
soon as possible thereafter), JAMS shall (1) administer the arbitration demands
in batches of 100 Requests per batch (plus, to the extent there are less than
100 Requests left over after the batching described above, a final batch
consisting of the remaining Requests); (2) appoint one arbitrator for each
batch; and (3) provide for the resolution of each batch as a single
consolidated arbitration with one set of filing and administrative fees due per
side per batch, one procedural calendar, one hearing (if any) in a place to be
determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Crocodile Labs.
You and Crocodile Labs agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
12.10
30-Day Right to Opt Out. You have
the right to opt out of the provisions of this Arbitration Agreement by sending
written notice of your decision to opt out to: 5020
Clark Rd., #436, Sarasota, FL 34233, within thirty (30) days after first
becoming subject to this Arbitration Agreement. Your notice must include your
name and address, and an unequivocal
statement that you want to opt out of this Arbitration Agreement. If you opt
out of this Arbitration Agreement, all other parts of the Agreement will
continue to apply to you. Opting out of this Arbitration Agreement has no
effect on any other arbitration agreements that you may currently have, or may
enter in the future, with us.
12.11
Invalidity, Expiration. Except as
provided in the subsection entitled “Waiver
of Class or Other Non-Individualized Relief”, if any part or parts of this
Arbitration Agreement are found under the law to be invalid or unenforceable,
then such specific part or parts shall be of no force and effect and shall be
severed and the remainder of the Arbitration Agreement shall continue in full
force and effect. You further agree that any Dispute that you have with Crocodile
Labs as detailed in this Arbitration Agreement must be initiated via
arbitration within the applicable statute of limitation for that claim or
controversy, or it will be forever time barred. Likewise, you agree that all
applicable statutes of limitation will apply to such arbitration in the same
manner as those statutes of limitation would apply in the applicable court of
competent jurisdiction.
12.12
Modification. Notwithstanding any provision in
the Agreement to the contrary, we agree that if Crocodile Labs makes any future
material change to this Arbitration Agreement, it will notify you. Unless you
reject the change within thirty (30) days of such change becoming effective by
writing to Crocodile Labs at: 5020 Clark Rd., #436, Sarasota, FL 34233, your
continued use of the Services, including the acceptance of products and
services offered on or through the Services, following the posting of changes
to this Arbitration Agreement constitutes your acceptance of any such changes.
Changes to this Arbitration Agreement do not provide you with a new opportunity
to opt out of the Arbitration Agreement if you have previously agreed to a
version of the Agreement and did not validly opt out of arbitration. If you
reject any change or update to this Arbitration Agreement, and you were bound
by an existing agreement to arbitrate Disputes arising out of or relating in
any way to your access to or use of the Services, any communications you
receive, any products sold or distributed through the Services or the
Agreement, the provisions of this Arbitration Agreement as of the date you
first accepted the Agreement (or accepted any subsequent changes to the
Agreement) remain in full force and effect. Crocodile Labs will continue to
honor any valid opt outs of the Arbitration Agreement that you made to a prior
version of the Agreement.
13.1
Not Registered with the SEC or Any Other Agency. We are not registered with the
U.S. Securities and Exchange Commission as a national securities exchange or in
any other capacity. You understand and acknowledge that we do not broker
trading orders on your behalf. We also do not facilitate the execution or
settlement of your trades, which occur entirely on public distributed
blockchains like Ethereum. As a result, we do not (and cannot) guarantee market
best pricing or best execution through our Services.
13.2
Electronic Communications. The communications between you and Crocodile
Labs may take place via electronic means, whether you visit the Services or
send Crocodile Labs e-mails or other electronic communications, or whether Crocodile
Labs posts notices on the Services or communicates with you via other
commercially reasonable means (e.g., airdropping notice to a Digital Wallet
address). For contractual purposes, you (a) consent to receive communications
from Crocodile Labs in an electronic form; and (b) agree that all terms and
conditions, agreements, notices, disclosures, and other communications that Crocodile
Labs provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were to be in writing. The foregoing does
not affect your statutory rights, including but not limited to the Electronic
Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
13.3
Assignment. The Agreement, and your rights and obligations hereunder, may
not be assigned, subcontracted, delegated or otherwise transferred by you, by
operation of law or otherwise, without Crocodile Labs’ prior written consent,
and any attempted assignment, subcontract, delegation, or transfer in violation
of the foregoing will be null and void.
13.4
Force Majeure. Crocodile Labs shall not be liable for any delay or failure to
perform resulting from causes outside its reasonable control, including, but
not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or
military authorities, fire, floods, accidents, strikes or shortages of
transportation facilities, fuel, energy, labor or materials.
13.5
Governing Law. THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED
AND INTERPRETED BY AND UNDER THE LAWS OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION
ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION
OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS
FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT. To the
extent the parties are permitted under the Agreement to initiate litigation in
a court, both you and Crocodile Labs agree that all claims and disputes arising
out of or relating to the Agreement will be litigated exclusively in the state
or federal courts located in Florida.
13.6
Notice. Crocodile Labs may deliver notices to you under this Agreement
via commercially reasonable means (e.g., airdropping notice to a Digital Wallet
address). If Crocodile Labs is for any reason not capable of delivering to you
any notices required/ permitted by the Agreement, Crocodile Labs’ dispatch of
the communication containing such notice will nonetheless constitute effective
notice. You may give notice to Crocodile Labs at the following address: 5020 Clark Rd. #436, Sarasota, FL 34233. Such notice shall be deemed given
when received by Crocodile Labs by letter delivered by nationally recognized
overnight delivery service or first class postage prepaid mail at the above
address.
13.7
Waiver. Any waiver or failure to enforce any provision of the Agreement
on one occasion will not be deemed a waiver of any other provision or of such
provision on any other occasion.
13.8
Severability. If any portion of the Agreement is held invalid or
unenforceable, that portion shall be construed in a manner to reflect, as
nearly as possible, the original intention of the parties, and the remaining
portions shall remain in full force and effect.
13.9
International Users. The Website and other parts of the Services can be accessed from
countries around the world and may contain references to services and content
that are not available in your country. These references do not imply that Crocodile
Labs intends to announce such services or content in your country.
13.10
Export Control. The Services
may be subject to U.S. export control laws and may be subject to export or
import regulations in other countries. You agree not to export, reexport, or
transfer, directly or indirectly, any U.S.
technical data acquired from Crocodile Labs, or any products utilizing
such data, in violation of the United States export laws or regulations.
13.11
Copyright/Trademark Information. Copyright © 2023, Crocodile Labs, Inc. All rights reserved. All trademarks, logos and service
marks (“Marks”) displayed on the Services are our property or the
property of other third parties. You are not permitted to use these Marks
without our prior written consent or the consent of such third party which may
own the Marks. All goodwill generated from the use of any Crocodile Labs Marks
will inure to Crocodile Labs’ benefit.
13.12
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to
the Services, please contact us at the contact information below. We will do
our best to address your concerns. If you feel that your concerns have been
addressed incompletely, we invite you to let us know for further investigation.
In addition, in accordance with California Civil Code §1789.3, you may report
complaints to the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs by contacting them in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by
telephone at (800) 952-5210.
13.13
Entire Agreement. The
Agreement is the final, complete and exclusive agreement of the parties with
respect to the subject matter hereof and supersedes and merges all prior
discussions between the parties with respect to such subject matter.
13.14
Contact
Information:
5020
Clark Rd., #436
Sarasota,
FL 34233
United
States