These Terms of Service (the "Agreement") explain the terms and conditions by which you may access and use the Products provided by BSV Association (referred to herein as "BSV Association", "we", "our", or "us"). The Products shall include, but shall not be limited to, (a) the mobile applications located at https://mobile.bsvb.tech and the desktop applications located at https://desktop.bsvb.tech (the "Interface" or "App"), (b) our wallet storage server (the "BSV Wallet Storage"), (c) our encrypted wallet backup service (the "Backup Service") and (d) any other products or services made available by us that expressly incorporate this Agreement by reference (together with the Interface, App, BSV Wallet Storage, and Backup Service, collectively the "Products"). You must read this Agreement carefully as it governs your use of the Products. By accessing or using any of the Products, you acknowledge that you have read, understand, and agree to be legally bound by this Agreement. If you do not agree to this Agreement, you are not authorized to access or use any of our Products.
To access or use any of our Products, you must be legally capable of entering into 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. 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.
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, 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, the United Kingdom, the European Union or Switzerland. Finally, you represent that your access and use of any of our Products will fully comply with all applicable laws and regulations, and that you will not access or use any of our Products to conduct, promote, or otherwise facilitate any illegal activity.
Your use of our Products may include integrations, links, or other access to third-party services, websites, technology, APIs, content, and resources(each a "Third-Party Service"). Your use of any Third-Party Service is subject to the applicable terms and conditions and privacy policies of such Third-Party Service, and not this Agreement, and we are not responsible for the acts, omissions, practices, security, or policies of any Third-Party Service provider. However, if we make certain Products — such as access to our APIs and data — available through interfaces, products, or services provided by Third-Party Service providers, your use of those Products remains subject to this Agreement in addition to any terms imposed by the relevant Third-Party Service provider.
We may offer additional products from time to time. Any such additional products shall be deemed a "Product" for purposes of this Agreement, whether or not expressly identified or defined herein..
Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of the respective service providers. You agree to comply with all terms, conditions, and policies applicable to any Third-Party Services integrated with or made available through the Products. You acknowledge that such Third-Party Services are owned by their respective licensors and you further agree not to take any action that would violate the applicable licensor's ownership or intellectual property rights in the Third-Party Services.
You, and not BSV Association, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. BSV Association enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using our Products are between you and the third party. BSV Association will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
Some Third-Party Services will provide us with access to certain information that you have provided them, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within our Products, please see our Privacy Policy.
BSV Association has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through such Third-Party Services, or on the privacy practices of Third-Party Services. If you have any questions regarding how a third party may process your personal information, we encourage you to review their privacy policies prior to using such services.
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 posting the updated Agreement at https://mobile.bsvb.tech/usage.html and, where reasonably practicable, providing you with notice of the material modifications. Unless otherwise specified in the updated Agreement, modifications will become effective upon posting, and your continued access or use of any of the Products after the effective date of such modifications will serve as confirmation of your acceptance of those modifications. If you do not agree to any modifications to this Agreement, you must immediately stop accessing and using our Products.
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 Products; (b) to review, modify, filter, disable, delete or otherwise remove any content or information made available through any of the Products.
We own all intellectual property and other rights in and to each of our Products and all content contained therein, including, without limitation, software, text, images, trademarks, service marks, copyrights, patents, designs, and the Products' "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 Products solely in accordance with this Agreement. You agree that you will not, except as expressly permitted by this Agreement or applicable law, use, modify, reproduce, distribute, tamper with, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or underlying technology of any of our Products.
You represent and warrant that you have obtained all rights, licenses, consents, permissions, power, and authority necessary to provide, list, post, promote, or display any material on or through our Products and to grant us any rights or licenses in such material contemplated by this Agreement. You further represent and warrant that such material does not infringe, misappropriate, or otherwise violate any copyright, trademark, publicity, privacy, or other intellectual property or proprietary rights of any third party, unless you have obtained all necessary rights and permissions or are otherwise legally entitled to provide such material and grant us the rights contemplated by this Agreement. You further represent and warrant that such material complies with all applicable laws and regulations.
BSV Association will process and investigate notices of alleged intellectual property infringement and will take appropriate actions applicable intellectual property laws with respect to any alleged or actual infringement by any content made available through the Products. A notification of alleged infringement should be submitted to the BSV Association at support@bsvassociation.org.
Your notice must include:
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the intellectual property owner, the owner's agent, or pursuant to the law, to upload and use the removed content, you may submit a written counter-notice to us.
Our Products 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 our Products. We do not approve, monitor, endorse, warrant 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 your dealings and relationships with any third parties are governed by the terms and policies applicable to those third parties, and we are not responsible for such dealings or relationships. You expressly release and hold us harmless from any claims, losses, damages, liabilities, costs, and expenses arising out of or relating to your use of any such resources or participation in any such promotions.
We reserve the right to cooperate with law enforcement authorities, courts, governmental authorities, and other third parties in connection with any investigation, legal proceeding, court order, subpoena, or governmental or regulatory request or directive, including by disclosing any information or content you provide to us, where we determine that such disclosure is required or appropriate.
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity connection with your access and use of the Interface:
This Agreement and your use of the App are not intended to create or impose any fiduciary relationship or fiduciary duties on us. To the fullest extent permitted by applicable law, you acknowledge and agree that we are not acting as your fiduciary and do not assume any fiduciary duties or obligations to you or any other person or entity by virtue of this Agreement or your use of the App. Nothing in this Agreement shall be construed to exclude, limit, or waive any fiduciary duty or obligation that cannot lawfully be excluded, limited, or waived under applicable law.
One or more of our Products may not be available or appropriate for use in all jurisdictions. By accessing or using any of our Products, you acknowledge and agree that you are solely responsible for determining whether your access to and use of the Products is permitted under the laws and regulations applicable to you, and for complying with all such applicable laws and regulations.
You acknowledge and agree that your access to and use of our Products is at your own risk. To the fullest extent permitted by applicable law, you assume all risks arising out of or relating to your access to and use of the Products and release and hold us harmless from any claims, causes of action, liabilities, losses, damages, costs, or expenses arising out of or relating to your access to or use of the Products, except to the extent resulting from our gross negligence, willful misconduct, fraud, or any other liability that cannot be excluded or limited under applicable law.
The App is self-custodial. The cryptographic keys that control your digital assets are generated on your device and remain under your control. We do not hold, escrow, or otherwise have access to your cryptographic keys, recovery phrase, or any passphrase you establish, and we cannot initiate or execute transactions on your behalf. You are solely responsible for securely storing, maintaining, and protecting your recovery phrase and any other recovery materials provided to you through the App.
You acknowledge and agree that we have no ability to recover or recreate your cryptographic keys, reset or recover any passphrase, reverse or cancel any transaction, or restore access to your digital assets if your recovery phrase or other recovery materials are lost, destroyed, compromised, or disclosed to any other person. The loss, destruction, or compromise of your recovery materials may result in the permanent and irreversible loss of access to, and control over, your digital assets. You further acknowledge that any person who obtains your recovery materials may be able to access, transfer, or otherwise take control of your digital assets, and that we have no ability to prevent, reverse, or recover such transactions or assets.
The Backup Service stores an encrypted copy of your wallet records so that you may restore them on another device. It is enabled by default and you may disable it, and delete the data it holds, at any time from within the App. The data is encrypted on your device before it is transmitted, using a key we do not hold and cannot derive. Our handling of that data is described in our Privacy Policy.
You acknowledge and agree that, because we do not possess or have access to the encryption key, we cannot decrypt, read, restore, reconstruct, or otherwise access the data stored through the Backup Service or assist you in recovering such data. The Backup Service does not provide access to, or enable recovery of, your cryptographic keys or recovery materials and is of no use for restoring your wallet without your own recovery materials. The Backup Service is provided solely as a convenience and does not constitute a custody, escrow, safekeeping, or guaranteed data-retention service, nor does it give us possession or control of your digital assets or make us a custodian of your digital assets. The Backup Service is not a substitute for securely retaining your own recovery materials as required by Section 4.5, and you agree not to rely on the Backup Service as your sole or primary backup.
BY ACCESSING OR USING ANY OF OUR PRODUCTS OR ANY THIRD-PARTY SERVICES, YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED AND HAVE SUFFICIENT KNOWLEDGE AND EXPERIENCE TO UNDERSTAND AND EVALUATE THE INHERENT RISKS ASSOCIATED WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS.
IN PARTICULAR, YOU ACKNOWLEDGE AND UNDERSTAND THAT THE MARKETS FOR DIGITAL ASSETS ARE NASCENT, HIGHLY VOLATILE, AND SUBJECT TO SIGNIFICANT RISKS, INCLUDING, WITHOUT LIMITATION, RISKS RELATING TO ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, LIQUIDITY, AND REGULATION. YOU ACKNOWLEDGE THAT ANYONE MAY CREATE OR ISSUE A DIGITAL ASSET OR TOKEN, INCLUDING COUNTERFEIT OR FRAUDULENT VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY PURPORT TO REPRESENT OR BE AFFILIATED WITH A PARTICULAR PROJECT, PERSON, OR ENTITY. YOU ACCEPT THE RISK THAT YOU MAY MISTAKENLY PURCHASE, SELL, TRANSFER, OR OTHERWISE INTERACT WITH SUCH TOKENS OR OTHER DIGITAL ASSETS. SO-CALLED "STABLECOINS" MAY NOT MAINTAIN THEIR PURPORTED VALUE OR STABILITY, MAY NOT BE FULLY OR ADEQUATELY COLLATERALIZED, AND MAY BE SUBJECT TO LIQUIDITY CRISES, PANICS, RUNS, OR OTHER EVENTS THAT RESULT IN A LOSS OF VALUE.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THESE OR OTHER RISKS, VARIABLES, OR MARKET CONDITIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES YOU INCUR AS A RESULT OF SUCH RISKS OR CONDITIONS IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR PRODUCTS. ACCORDINGLY, YOU UNDERSTAND AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR EVALUATING AND ACCEPTING ALL RISKS ASSOCIATED WITH YOUR ACCESS TO AND USE OF THE INTERFACE AND OUR PRODUCTS.
YOU ACKNOWLEDGE AND UNDERSTAND THAT THE APP IS SELF-CUSTODIAL AND THAT WE DO NOT HOLD, CONTROL, OR HAVE ACCESS TO YOUR CRYPTOGRAPHIC KEYS. IF YOU LOSE OR OTHERWISE BECOME UNABLE TO ACCESS YOUR RECOVERY PHRASE, PRINTED RECOVERY SHARES, OR ANY PASSPHRASE YOU ESTABLISH, YOU MAY BE PERMANENTLY AND IRREVERSIBLY UNABLE TO ACCESS OR RECOVER YOUR DIGITAL ASSETS. NEITHER WE NOR ANY OTHER PERSON MAY BE ABLE TO RECOVER YOUR DIGITAL ASSETS ON YOUR BEHALF. WE DO NOT WARRANT OR GUARANTEE THAT THE BACKUP SERVICE WILL BE AVAILABLE, COMPLETE, ACCURATE, CURRENT, OR SUITABLE FOR YOUR NEEDS, AND YOU ACCEPT THE RISK THAT ANY BACKUP MAY BE UNAVAILABLE, CORRUPTED, INCOMPLETE, OR OTHERWISE UNUSABLE WHEN YOU NEED IT.
IF YOU USE THE VAULT FEATURE, YOU ACKNOWLEDGE AND UNDERSTAND THAT MOVING FUNDS INTO OR OUT OF A VAULT REQUIRES A COMPATIBLE HARDWARE SECURITY KEY THAT YOU SUPPLY AND CONTROL. YOU FURTHER ACKNOWLEDGE THAT, AS DESCRIBED IN THE APP, ACCESS TO A VAULT REQUIRES EITHER (I) THE APPLICABLE HARDWARE SECURITY KEY TOGETHER WITH ITS PIN OR (II) YOUR WALLET RECOVERY PHRASE TOGETHER WITH THE VAULT PASSPHRASE YOU ESTABLISHED. THE VAULT PASSPHRASE CANNOT BE RESET OR RECOVERED BY US. IF YOU LOSE OR CANNOT ACCESS YOUR HARDWARE SECURITY KEY AND CANNOT PROVIDE BOTH YOUR WALLET RECOVERY PHRASE AND VAULT PASSPHRASE, YOU MAY BE PERMANENTLY AND IRREVERSIBLY UNABLE TO ACCESS THE FUNDS IN THE VAULT. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING, PROTECTING, AND RETAINING YOUR HARDWARE SECURITY KEY, INCLUDING AGAINST LOSS, THEFT, DAMAGE, MALFUNCTION, OR FAILURE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY HARDWARE SECURITY KEY OR OTHER HARDWARE YOU USE IN CONNECTION WITH THE APP.
EACH OF OUR PRODUCTS AND ANY THIRD-PARTY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR PRODUCTS IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO OR USE OF ANY OF OUR PRODUCTS OR ANY THIRD-PARTY SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, RELIABLE, OR SECURE; THAT ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH OUR PRODUCTS WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT OUR PRODUCTS OR ANY THIRD-PARTY SERVICES WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT PROVIDED BY US, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. WE DO NOT ENDORSE, GUARANTEE, OR WARRANT ANY THIRD-PARTY SERVICES OR ANY ADVERTISEMENTS, OFFERS, REPRESENTATIONS, OR STATEMENTS MADE BY THIRD PARTIES IN CONNECTION WITH OUR PRODUCTS.
You agree to defend, indemnify, and hold harmless BSV Association, our affiliates and our and our affiliates' respective officers, directors, employees, contractors, agents, service providers, licensors, and representatives (collectively, the "BSV Association Parties") from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or relating to: (a) your access and use of any of our Products or any Third-Party 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 Products or any Third-Party 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 Products or any Third-Party Services or (ii) any of your own customers or users. We will provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defence of such matter. You may not settle or compromise any claim against any BSV Association Party without our written consent.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY BSV ASSOCIATION PARTY SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, USE, DATA, DIGITAL ASSETS, CRYPTOCURRENCIES, TOKENS, OR OTHER PROPERTY OR THINGS OF VALUE, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE ANY OF THE PRODUCTS OR ANY THIRD-PARTY SERVICES, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR ANY BSV ASSOCIATION PARTY HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BSV ASSOCIATION WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, OR CLAIM ARISING OUT OF OR RELATING TO: (A) ERRORS, MISTAKES, OR INACCURACIES IN ANY CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE INTERFACE OR PRODUCTS; (C) UNAUTHORIZED ACCESS TO OR USE OF ANY SERVERS, SYSTEMS, OR DATABASES UNDER OUR CONTROL, OR ANY INFORMATION OR DATA STORED THEREIN; (D) ANY INTERRUPTION, SUSPENSION, OR CESSATION OF ANY PRODUCT OR THIRD-PARTY SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE TRANSMITTED TO OR THROUGH THE INTERFACE OR PRODUCTS; (F) ERRORS OR OMISSIONS IN, OR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE PRODUCTS OR THIRD-PARTY SERVICES; OR (G) THE DEFAMATORY, OFFENSIVE, FRAUDULENT, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR CLAIM ARISING OUT OF OR RELATING TO ANY PAYMENT, TRANSACTION, TRANSFER, PURCHASE, SALE, OR OTHER DEALING THAT YOU CONDUCT THROUGH OR IN CONNECTION WITH ANY OF OUR PRODUCTS OR ANY THIRD-PARTY SERVICES, INCLUDING ANY LOSS OR DAMAGE RESULTING FROM ANY ERROR, DELAY, FAILURE, REVERSAL, CANCELLATION, OR UNAUTHORIZED TRANSACTION. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW, ALL PURCHASES AND TRANSACTIONS ARE FINAL AND WE DO NOT PROVIDE REFUNDS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR CLAIM ARISING OUT OF OR RELATING TO ANY THIRD-PARTY SERVICE, WEBSITE, APPLICATION, PRODUCT, SERVICE, CONTENT, INFORMATION, OR RESOURCE ACCESSED THROUGH OR IN CONNECTION WITH OUR PRODUCTS, OR YOUR DEALINGS OR RELATIONSHIPS WITH ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BSV ASSOCIATION'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE EQUIVALENT AMOUNT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU, AND NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY LIABILITY OR RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This Agreement shall be governed by and shall be construed and interpreted in accordance with the laws of Switzerland and each of the Parties hereby attorns to the non-exclusive jurisdiction of the courts of Switzerland.
We will use reasonable efforts to resolve any dispute through informal, good -faith negotiations before initiating formal dispute resolution. If a dispute arises, you must first notify us by email at support@bsvassociation.org and provide a reasonable description of the dispute and the relief sought. The parties will then attempt in good faith to resolve the dispute informally. If the parties are unable to resolve the dispute within sixty (60) days after our receipt of your notice, either party may initiate the arbitration process described below.
If the parties have not reached a settlement within such sixty (60)-day period, the dispute shall be finally and exclusively resolved by confidential, binding arbitration administered by the International Chamber of Commerce ("ICC") in accordance with the ICC Rules of Arbitration then in effect (the "Arbitration"). The Arbitration shall be conducted in English, seated in Zug, Switzerland, and decided by a sole arbitrator. The arbitrator's decision and award shall be final and binding on the parties, subject only to any rights of review or challenge that cannot lawfully be waived under applicable law. The allocation of the fees, costs, and expenses of the Arbitration shall be determined by the arbitrator in accordance with the applicable ICC Rules and applicable law.
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 and we both agree to waive the right to demand a trial by jury.
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.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.