The Expercoin Site
1. Expercoin is conducting an initial coin offering (“ICO”) of its Expercoin Tokens, as further described in the Expercoin White Paper and the Expercoin Offering and/or Information Memorandum (collectively, the “Memorandum”.)
2. You understand that the terms, conditions, and important disclosures and information regarding the ICO are set forth in the White Paper and the Memorandum, as well as the SAFT Purchase Terms Summary.
The Agreement between Expercoin and You
2. This Agreement constitutes the entire and only agreement between us and you.
3. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
You are responsible for reviewing changes to this Agreement
1. This Agreement applies to all users of the Site.
2. Expercoin may make changes to this Agreement from time to time without specifically notifying you.
3. Expercoin will post the latest Agreement on the Site, but it is up to you to review it before using the Site.
4. If you continue to use the Site after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
In addition, some services offered through the Site may be subject to additional terms and conditions specified by Expercoin from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
The copyright to all content on the Site is owned by the provider of that content
1. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site (“Copyright Content”) are the property of Expercoin or the applicable content owner and are protected under applicable copyrights, trademarks and other proprietary rights.
2. You may not copy, redistribute, use or publish any part of the Site, except as allowed by this Agreement.
3. You do not acquire ownership rights to any content, document or other materials viewed through the Site.
You may not use trademarks appearing on the Site in an infringing manner
1. You agree that EXPERFY, EXPERCOIN, and other Expercoin graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Expercoin or its affiliates (“Trademark Content”).
2. Expercoin trademarks and trade dress may not be used in connection with any product or service that is not Expercoin’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Expercoin.
3. All other trademarks not owned by Expercoin or its affiliates that may appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Expercoin or its affiliates.
You may use the Expercoin Site for limited purposes
1. Expercoin grants you a limited license to access and make personal use of the Site.
2. Expercoin does not grant you the right to download (other than page caching) or modify the Site, or any portion of the Site.
3. You understand Expercoin does not grant you the right to: (a) resell or make commercial use (except as provided herein) of the Site or its contents; (b) make any derivative use of the Site or their contents; (c) download or copy account information for the benefit of a third party or merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.
4. You understand that the Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, other than as required for the limited commercial use granted herein.
5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Expercoin and our affiliates without express written consent.
6. You may not use any meta tags or any other "hidden text" utilizing Expercoin’s name or trademarks without the express written consent of Expercoin. Any unauthorized use terminates the permission or license granted by Expercoin hereunder.
7. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Site.
8. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Expercoin so long as the link does not portray Expercoin, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
9. You may not use any Expercoin logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Use of the Site
Your registration and account security
When you use the Site you may provide Expercoin certain registration and account information, which Expercoin will rely on to provide you with the Site. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account:
- You will register your account for your own use and not for the use of another person, alter ego, or other identity.
- You will create only one account for yourself.
- You will not assign or transfer your account to anyone without first obtaining Expercoin's written consent.
- You will not provide false or misleading information when you register an account.
- If Expercoin terminates or disables your account, you may not create another account without first getting Expercoin's written consent.
- You will keep your contact and other information requested by Expercoin (such as email, location, etc.) accurate and up-to-date.
- You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account.
Your personal information
3. You grant a worldwide, perpetual, royalty-free, irrevocable, and transferable license to Expercoin to display, reproduce, transmit, use, and/or store this information to the extent necessary to support the operation of the Site.
Expercoin may edit or modify anything on the Site without notice
Expercoin is committed to delivering a positive user experience and you understand that Expercoin reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or through the Site in its sole discretion, without notice.
You are responsible for accepting updated versions of the Site
1. If Expercoin provides updated versions of the Site and/or the Site and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
2. If you do not accept updated versions of the Site, Expercoin shall not bear any responsibility or liability for your decision.
You must be 18 or older to use the Expercoin Site
1. You understand that you may not use the Site where such use is prohibited.
2. You understand that the Site are intended solely for users who are eighteen (18) years of age or older and can legally form a binding agreement.
4. You represent and warrant that you are 18 or older, or entering this Agreement on behalf of someone who is between the ages of 13 and 18, and that you agree to abide by all of the terms and conditions of this Agreement.
5. Expercoin does not knowingly collect information from individuals who are less than thirteen (13) years of age.
It is your responsibility to make sure this Agreement and your use of the Site complies with all laws applicable to you
1. You understand that Expercoin may, in its sole discretion, refuse to offer or make available the Site to any person or entity and change its eligibility criteria at any time.
2. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
3. You understand that your right to access the Site will be revoked where this Agreement or use of the Site is prohibited and, if that is the case, you agree not to use or access the Site in any way.
Expercoin may terminate your use of the Site without reason or notice to you
While Expercoin respects its users, you agree that Expercoin may terminate your use of the Site and/or the Site and prohibit you from accessing the Site and/or the Site, for any reason, or no reason, and with or without notice.
What Laws and Rules You Are Responsible for Following
You promise to comply with this Agreement and any laws or regulations applicable to you
1. You promise not to use the Site for any purpose that is prohibited by this Agreement.
2. You are responsible for all of your activity in connection with the Site.
3. You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any educational, education, teaching, privacy, or other self-regulatory code(s) applicable to you.
You agree to comply with Expercoin’s conduct policies when using the Site
1. We do our best to keep the Site safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, or in any way exploit the Site except as expressly authorized by Expercoin;
- You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent applicable laws specifically prohibit such restriction;
- You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- You will not bypass any measures Expercoin may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site);
- You will not run any form of auto-responder or "spam" on the Site;
- You will not use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
- You will not harvest or scrape any content or materials from the Site;
- You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, credit card number, social security number, or other government-issued identification information) for commercial or unlawful purposes;
- You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not otherwise take any action in violation of Expercoin’s guidelines and policies.
- You will not threaten, intimidate, or harass another user or any parties on or through the Site.
- You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity.
You use the Expercoin Site at your own risk
1. Expercoin has no obligation to review any content or material, including vendor and product information, posted to or through the Site, and cannot therefore be responsible for such material or content.
2. By operating the Site, Expercoin does not represent or imply that it endorses any content or material there posted, or that it believes such material to be accurate, useful or non-harmful.
3. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
4. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
5. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
6. Expercoin disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from viewing or downloading by those visitors of content posted on the Site.
Expercoin’s liability is limited
1. Expercoin is not responsible for any third party sites, third party content posted on the Site.
2. Expercoin is not responsible for the conduct, whether online or offline, of any user of the Site.
3. Expercoin assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
4. You understand that it is your duty to confirm and verify any information provided on or through the Site, and that you bear the sole risk of relying on any such information, including but not limited to content, third-party content, links, or product listings.
5. Expercoin is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, on account of technical problems or traffic congestion on the Site, including injury or damage to users or to any other person's computer, and/or mobile device.
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL EXPERCOIN OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXPERCOIN DOES NOT CONTROL THIRD PARTY CONTENT OR THE INFORMATION PROVIDED BY THIRD PARTIES, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION OR STATEMENTS MADE ON OR THROUGH THE SITE.
EXPERCOIN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU SHALL EXCEED $50. YOU AGREE THAT DISPUTES BETWEEN YOU AND EXPERCOIN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
You agree to indemnify Expercoin
You agree to indemnify, defend, and hold harmless Expercoin, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) your use of the Site, (2) any third party content, third party sites and any other content, (3) any purchases from or interactions with vendors (4) your violation of this Agreement, or of any law or the rights of any third party, and (5) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that Massachusetts law applies to this Agreement
Subject to the arbitration clauses included above, if there is any dispute arising out of the Site, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Massachusetts, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Massachusetts, in Middlesex County, for the resolution of any such dispute.
Your general representation and warranty
1. You represent and warrant that:
- You will use the Site so as not to infringe or misappropriate the intellectual property rights of any third party.
1. You and Expercoin agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
2. You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (”JAMS”) by arbitrators appointed in accordance with such rules.
3. You agree any arbitration shall take place in State of Massachusetts, in Middlesex County in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
4. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
5. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
6. Expercoin may assign its rights under this Agreement without condition.
7. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.