Last modified : 2023.04.25
Terms and Condition
Terms of Service
Welcome to https://purplebridge.link, a website-hosted user interface (the "Interface" or "App") provided by PURPLE LABS("we", "our", "us", or the “Company"). The Interface provides transfer between tBORA Token in Bora Network and pBORA Token in Polygon Network (the “Bridge Service") and exchange between pBORA Token in Polygon Network and USDC Token in such Polygon Network (the “Swap Service", for Bridge Service and Swap Service collectively, the “Service", the “PurpleBridge"). The Bridge Service aims to enable users to bridge information and digital assets between different blockchain networks in a quick and cost-efficient manner, The Swap Service aim to enable users to exchange certain compatible information and digital assets between identical blockchain networks in a quick and cost-efficient manner. The Interface is one, but not the exclusive, means of accessing the Service. To use the Interface, you must use [non-custodial wallet software], which allows you to interact with such Token. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service of that third party, not this Terms of Service Agreement (the "Agreement").
This Agreement explains the terms and conditions by which you may access and use the Interface. You must read this Agreement carefully. By accessing or using the Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface and should not use the Interface.
NOTICE: Please read this Agreement carefully as it governs your use of the Interface. This Agreement contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. The Interface is only available to you — and you should only access the Interface — if you agree completely with these terms.
Modification of this Agreement
We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://purplebridge.link. All modifications will be effective when they are posted, and your continued accessing or use of the Interface 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 the Interface.
Description of Services provided through the Interface
The Interface is a web-based means of accessing the Service. The Interface is distinct from the Service. The Service comprises source or source-available self-executing smart contracts and you may not use the Service in a way that attempt to discover the source code or underlying components of models, algorithms, and systems of the Service (except to the extent such restrictions are contrary to applicable law. PURPLE LABS does not control or operate any version of the Service on any blockchain network. By using the Interface, you understand that you are not buying, selling or exchanging digital assets from us and that we do not operate any liquidity pools on the Service or control trade execution on the Service. When traders pay fees for trades in Bridge Service, those fees distribute to PURPLE LABS For the Bridge Service, When traders pay fees for trades in Swap Service, those fees distribute to liquidity providers and PURPLE LABS for the Swap Service. As a general matter, PURPLE LABS is not a liquidity provider into Service liquidity pools and liquidity providers are independent third parties.
[Dormant Account Policy]
A Member’s account is converted to a “Dormant Account” after one(1) year period of no record of log-in. A dormant account is notified of its conversion to a dormant account 30 days prior to the conversion.
All information of the account is deleted with exception for the least information including, but not limited to, email address and wallet address, and the account is suspended three (3) years after conversion to a dormant account. Members are also notified 30 days prior to suspension of account. A Member alone is responsible for any information that has been deleted since the account has converted to a dormant account. The Dormant Account Policy does not apply to wallet as the Member manages its own private key.
To access or use the Interface, 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 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.
You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of the Interface will fully comply with all applicable laws and regulations, and that you will not access or use the Interface to conduct, promote, or otherwise facilitate any illegal activity.
The copyright and the other intellectual property of the entire the Service and contents in the Service made by the Company belongs to the Company.
The user and the member must not use information belonging as an intellectual property of the Company or a provider acquired during service use provided the Company by replicating⋅transmitting etc. (includes editing, publishing, performing, distributing, broadcasting, writing derivative content etc.) for profit or make other use it without prior consent by the Company or the provider. The Company, with the below methods and conditions, permits the user and the member to use communication, image, sound, and all materials and information (the “User Contents”) including chat texts related to the Service or displayed in the Service uploaded or sent by the member or other user through the Service.
- Using, changing in form of editing and modifying such User Contents (can be used in any kind of form such as publicating, replicating, performing, transmitting, distributing, broadcasting, writing derivative content etc. and has no restriction of use period or location)
- Shall not do acts such as selling, renting, and transferring User Contents for the purpose of trading without prior consent of the user who created the User Content.
- The Company does not use member’s User Contents which are not displayed within the Service or integrated with the Service (e.g. posts uploaded in users’ bulletin) and the User or the member can delete such User Contents anytime.
- The Company, with its discretion, can delete or transfer posts uploaded or submitted in the Service by the user or the member without prior notice if it is confirmed as a violation of Article 5 Obligations of Contracting Parties and may reject its application.
- The user or the member who’s profit has been invaded legally due to posted information in community, bulletin operated by the Company can submit a deletion of such information or refutation to the Company. The Company shall promptly act with necessary action and notify the applicant.
Obligation of the User and the Member
The user and the member cannot replicate, transmit, distribute, use the Service or all materials included without written prior consent of the Company and cannot use the Service or all materials included for the commercial purpose of an individual. Thus, the user and the member cannot lease, sell below license, transfer the Service or inclusive materials. The user and the member are prohibited from deleting, hiding, or editing content, property, intellectual property or any or all rights related to the Service.
During use of the service, the user and the member must not display the third party’s product or the Service such as the Company or third service provider’s name, brand, etc or have the same display with the third party’s business or generate or use similar display.
This article remains in effect during the service operation of the Company and applies constantly after end of service use or termination of the membership.
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 the Interface; (b) to review, modify, filter, disable, delete and remove any and all content and information from the Interface; and (c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.
When you use the Interface, the only information we collect from you is your blockchain wallet address, completed transaction hashes, and the token names, symbols, or other blockchain identifiers of the tokens. We do not collect any personal information from you (e.g., your name or other identifiers that can be linked to you). We do, however, use third-party service providers which may receive or independently obtain your personal information from publicly available sources. We do not control how these third parties handle your data and you should review their privacy policies to understand how they collect, use, and share your personal information. By accessing and using the Interface, you understand and consent to our data practices and our service providers' treatment of your information.
We use the information we collect to detect, prevent, and mitigate financial crime and other illicit or harmful activities on the Interface. For these purposes, we may share the information we collect with blockchain analytics providers. We share information with these service providers only so that they can help us promote the safety, security, and integrity of the Interface.
PURPLE LABS does not control and is not responsible for any information you make public on blockchains by taking actions through the Interface.
Matters regarding the installation, operation, and rejection of automatic personal information collection devices
In order to provide the service, we use sessions that store and frequently retrieve user information. A session means storing user information in the server that is gathered during the user’s log-in time. The user does not have any option as to whether or not to install a session. For services requiring log-ins, sessions are automatically generated from our operating server.
We use ‘cookies’ that store and frequently retrieve the information used for the convenience of users’ use of services. Cookies are small amounts of information that our website sends to user’s computer browsers (such as the Internet Explorer). By agreeing to these Terms and Conditions, the user agrees to automatic collection and use of personal information by us using cookies.
|Installation, Operation and Rejection of Cookies||You have options to install cookies, and you may refuse or delete the storage of cookies at any time.|
|Change Settings regarding Cookies||You may change collectively the cookies settings in your browser settings.|
- Microsoft Edge: Settings ◻ Cookies and Site Permissions ◻ Cookies and data stored ◻ Select the level of cookies to be used
- Chrome: Settings ◻ Privacy and security ◻ Cookies and other site data ◻ Select the level of cookies to be used
- Safari: Preferences ◻ Privacy ◻ Select the level of Cookies and website data
|Essential Cookies||Essential cookies are necessary to enable the site to operate and enable you to visit the site and use its services and functions. Without these essential cookies, the sites will not be able to operate smoothly for you as you may need, and we will be unable to provide the sites or any services as you may request.|
- Sessions: Session cookies are used to maintain the status of the site.
- User ID: User ID cookies are used to enable users to check their own information.
- Security: Security cookies are used for security management and inspection.
|Analytics Cookies||Analytics cookies enable us to collect information about your use of the site and enhance how we operate the site. For example, analytics cookies show us the largest number of visits to a page on the site, help us record the difficulties that you experience on the website, and demonstrate to us whether our advertising is effective. This allows us to see the overall pattern on the site, rather than any individual’s use.|
- Google Analytics: Google Analytics cookies collect collective statistical data to help show our sites and improve moving. We have collective information to supplement demographic information and interest information, which allows us to better understand our visitors.
- You may change the setting of analytical cookies at https://tools.google.com/dlpage/gaoptout.
Prohibited Activity and Suspension on Use of Service
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:
|Activity||Description||Level of Penalty|
|Contents Abuse / Use of Bug||The act of seriously impacting the system and the service operation through abusing abnormal contents and bugs in the service||Permanent Account Suspension|
|Inappropriate Chat||Abusive language / Spamming in chat||Warning||3 days Account Suspension||10 days Account Suspension||30 days Account Suspension|
|Commercial advertising, dissemination of false information, leakage of personal information, antisocial or unethical contents in chat||Warning||3 days Account Suspension||10 days Account Suspension||30 days Account Suspension|
|Market Manipulation||Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash trading||Permanent Account Suspension|
|Impersonating the team and member of the Company||The act of confusing other users or any such attempt through impersonation||Permanent Account Suspension|
|Fraudulent Activity||The act of deceiving other users to gain improper advantage. Any clearly identified attempt for such purposes||Permanent Account Suspension|
|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.|
|Account Theft||Accounts that have traded or hold assets reported for account theft||Permanent Account Suspension|
|False Report||The act of falsely reporting account theft and fraudulent activity/defective users with false information||10 days Account Suspension||30 days Account Suspension||Permanent Account Suspension|
|Naming||The act of creating name/ID in the service that includes : content that is contrary to the applicable laws and social order, abusive language and obscenity||Permanent Account Suspension|
|Use and Dissemination of Illegal Programs||The act of impacting the service through use of illegal programs and software/hardware not provided by the service. Any clearly identified dissemination of method for such act||Permanent Account Suspension|
|Abnormal Service Access||Abnormal access confirmed by monitoring and system||Permanent Account Suspension|
|Interfering with Operation and Use of Service||Any act of disregarding warnings of the Company or interfering with operation any act not listed above, that deliberately/repetitively interferes with service use of other users||3 days Account Suspension||10 days Account Suspension||30 days Account Suspension||Permanent Account Suspension|
|Any act not listed above, that deliberately/repetitively interferes with service use of other users|
|Securities and Derivatives Violations||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.||Permanent Account Suspension|
|Any Other Unlawful Conduct||Activity that violates any applicable law, rule, or regulation of the relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements.||Permanent Account Suspension|
- The application of the above suspension may be adjusted at the discretion of the Company depending on the nature of each case.
- In the case of violations of multiple policies, the highest penalty of the violations, or the aggravation of penalties can be applied.
- Second or higher levels of penalty may be applied to users who are conducting uncivil behaviors in the service or interfering with the order of the Service.
- IN CASES THAT ARE NOT SPECIFICALLY STATED IN THE ABOVE SUSPENSION, IF AN ACT IS DETERMINED TO CAUSE/POSSIBLY CAUSE SERIOUS ISSUES IN/OUTSIDE OF THE SERVICE, THE USE OF THE SERVICE MAY BE RESTRICTED IN ACCORDANCE WITH THE COMPANY’S TERMS OF SERVICE.
Account Theft Policy
- Account theft refers to any activity that damages a member's account information by extortion of information registered in the account.
- Account theft is a violation of applicable laws and regulations, and the Company is not responsible for any civil or criminal actions that may occur internally or externally to users in such violation. In addition, if it is confirmed that the personal information of another user has been used illegally without consent of the user, the use of Service of all accounts related to account theft may be restricted.
- IN THE CASE OF ACCOUNT THEFT, RECOVERY MEASURES FOR INCURRED DAMAGES ARE NOT PROVIDED, FOR SUCH ACCOUNT THEFT IS FULLY ATTRIBUTABLE TO THE USER WHO HAS FAILED TO FULFILL OWN OBLIGATION TO PROTECT PERSONAL INFORMATION.
If a member wishes to terminate the Service, the member may withdraw membership in accordance with procedures set by the Company through membership withdrawal function.
Upon withdrawal, a member cannot log into the service and use of the Service is restricted.
Upon withdrawal, all information related to the service is deleted and cannot be recovered.
The token balance on your wallet must be empty. If you possess token in your wallet, withdrawal cannot be proceeded. Please transfer token to another wallet address.
Upon withdrawal, token in possession is burned and deleted on the blockchain.
Withdrawal cannot be proceeded if you have any open orders, including, but not limited to buy, sell and liquidation, on the exchange within the wallet. Please organize your open orders before proceeding withdrawal
Upon withdrawal, you cannot re-register with the same email address.
Upon completion of termination, a member’s information will be removed from the service. However, due to technological characteristics of blockchain, data related to blockchain cannot be deleted.
For the wallet that directly manages the private key, all authorities such as member registration, termination, signature are with the member and a member can terminate the Service by deleting the wallet and private key without separate termination process.
We are not registered with a national securities exchange in relevant jurisdiction. You understand and acknowledge that we do not broker trading orders on your behalf nor do we collect or earn fees from your trades on the Service. We also do not facilitate the execution or settlement of your trades, which occur entirely on the public distributed on public distributed blockchains. As a result, we do not (and cannot) guarantee market best pricing or best execution through the Interface or when using our Auto Routing feature, which routes trades across liquidity pools on the Service only. Any references in the Interface to “best price” do not constitute a representation or warranty about pricing available through the Interface, on the Service, or elsewhere.
Non-Solicitation; No Investment Advice
You agree and understand that: (a) all trades you submit through the Interface 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, including those you place via our Auto Routing API; and (c) we do not conduct a suitability review of any trades you submit.
We may provide information about tokens in the Interface sourced from third-party data partners through features such as our Token Explorer or Token Lists. We may also mark certain tokens as “Verified” to indicate that certain data providers have reviewed the token per their own listing criteria. All such information provided by the Interface is for informational purposes only and should not be construed as investment advice or a recommendation that a particular token is a safe or sound investment. You should not take, or refrain from taking, any action based on any information contained in the Interface. 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.
Non-Custodial and No Fiduciary Duties
The Interface is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. 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.
Compliance and Tax Obligations
The Interface may not be available or appropriate for use in your jurisdiction. By accessing or using the Interface, 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 the Interface or the Service 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.
Assumption of Risk
By accessing and using the Interface, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets and other digital tokens such as tBORA(Bora), pBORA(Polygon), USDC(Polygon) those following the compatible token for Bora Network and Polygon Network.
In particular, you understand that the markets for these digital assets are nascent and highly volatile due to risk factors including (but not limited to) adoption, speculation, technology, security, and regulation. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. So-called 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 are variable and may increase dramatically at any time. You further acknowledge and accept the risk of selecting to trade in Expert Modes, which can expose you to potentially significant price slippage and higher costs.
If you act as a liquidity provider to the Service through the Interface, you understand that your digital assets may lose some or all of their value while they are supplied to the Service through the Interface due to the fluctuation of prices of tokens in a trading pair or liquidity pool.
We are not responsible for any damages or other losses resulting from your use of any blockchain networks, your blockchain wallet (or any other blockchain address that you control), including but not limited to any losses, damages or claims arising from: (a) user error, such as forgotten passwords, incorrectly inputted addresses or amounts, or incorrectly construed smart contracts or other transactions; (b) blockchain failure or data loss; (c) corrupted wallet files; (d) unauthorized access or activities by third parties, including, but not limited to, the use of viruses, phishing, brute-forcing or other means of attack against the Interface, any blockchain network, or any blockchain address, including the blockchain wallet; or (e) any errors or vulnerabilities in smart contracts, or updates to such contracts, including those that make up the Service.
In summary, you acknowledge that we are not responsible for any of these variables or risks, do not own or control the Service, and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface to interact with the Service.
Third-Party Resources and Promotions
The Interface may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
Release of Claims
You expressly agree that you assume all risks in connection with your access and use of the Interface and your interaction with the Service. 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 the Interface and your interaction with the Service.
Including but not limited to as following, 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 the Interface; (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; and (c) any other party's access and use of the Interface with your assistance or using any device or account that you own or control.
- The Company is not responsible for not being able to provide service due to natural disaster or force majeure of such level.
- The Company is not responsible for damages caused by other reasons such as remuneration, replacement, regular inspection, and construction of service facilities unless it was the company's intentional or negligence.
- The Company is not responsible for the failure of using the service due to the intentional or negligence of the user or member unless the user or member has an inevitable or legitimate reason.
- The Company is not responsible regarding the reliability and accuracy of information and data etc. published by the user or member in relation to the service unless intentional or with severe negligence.
- The Company is not obliged to intervene in transactions or disputes caused by the user or other members or others, and is not responsible for damages.
- The Company is not liable for damages incurred to the users or members regarding the use of the services provided. Unless, it is the company's intentional or negligence.
- The Company is not responsible when users or members did not earn expected profit or loss while using the Service.
- The Company is not responsible for the price fluctuations of digital assets etc. of the user and the member.
- The Company is not responsible for issues occurring with personal information management due to negligence of the user or member.
- The Company is not responsible if the function of the service cannot be used due to changes in electronic devices such as PCs and mobile devices, changes in mobile number, changes in the operating system (OS) version, changes in overseas roaming, and telecommunications company, unless it is the company's intentional or negligence.
- The Company is not responsible if the user or the member deleted the account information provided by the Company, unless it is the company's intentional or negligence.
- The Company is not responsible for the loss occurred during the service use by a guest who is not a member, unless it is the company's intentional or negligence.
The Interface is 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 the Interface is at your own risk. We do not represent or warrant that access to the Interface will be continuous, uninterrupted, timely, or secure; that the information contained in the Interface will be accurate, reliable, complete, or current; or that the Interface 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 the Interface. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Interface.
Similarly, the Service is provided "AS IS", at your own risk, and without warranties of any kind. Although we contributed to the initial code for the Service, we do not provide, own, or control the Service, which is run autonomously without any headcount by smart contracts deployed on various blockchains. Upgrades and modifications to the Service are generally managed in a community-driven way by holders of the governance token. No developer or entity involved in creating the Service will be liable for any claims or damages whatsoever associated with your use, inability to use, or your interaction with other users of, the Service, 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 the Interface.
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 THE INTERFACE, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE INTERFACE OR THE INFORMATION CONTAINED WITHIN IT. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE INTERFACE; (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 RELATED TO THE INTERFACE; (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 INTERFACE; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US IN EXCHANGE FOR ACCESS TO AND USE OF THE INTERFACE, OR USD$100.00, WHICHEVER IS GREATER. 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 HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to firstname.lastname@example.org so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.
Any claim or controversy arising out of or relating to the Interface, this Agreement, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under the JAMS Optional Expedited Arbitration Procedures. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules. The arbitration will be held in Republic of Singapore, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Class Action and Jury Trial Waiver
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. This provision applies to class arbitration.
You agree that the laws of the British Virgin Islands, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that the Interface shall be deemed to be based solely in the British Virgin Islands, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the British Virgin Islands. You agree that the courts of British Virgin Islands, are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.
These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
Ⓒ2023. PURPLE LABS. All Rights Reserved.