Terms of Service
These Terms of Service ("Terms of Service" or " Terms") apply to your access to and use of www.worldlibertyfinancial.com ("Website"). "We," "us," and "our" and "Company" refer to World Liberty Financial, Inc., and its affiliates and subsidiaries.
Please note that these Terms contain an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes, except as otherwise set forth in Section V, through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in a class action.
1. Changes to these Terms of Service
Company may revise and update these Terms of Service without notice; all changes are effective immediately upon posting on the Website. If you do not agree to the revised terms, your recourse is to stop using the Website.
2. Privacy
Our privacy policy can be found at https://worldlibertyfinancial.com/privacy.
3. Prohibited activities
You agree that you will not, and you will not attempt to:
- Decompile, disassemble, and/or reverse engineer any portion of the Website, including any included or linked-to third-party content or services;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- Distribute or disseminate viruses or other harmful computer code through the Website or through any third-party content or service;
- Use the Website to send or facilitate the sending of mass unsolicited data packets, SMS texts, e-mails, or other traffic, such as distributed denial of service (DDoS) or "spam" communication efforts;
- Use or access the Website for the benefit of an entity or individual subject to economic sanctions in the United States, and other appropriate jurisdictions;
- Use the Website to violate any local, state, or national law;
- Use the Website in any way that harms Company, its service providers, suppliers, affiliates, or any other user of the Website;
- Harvest any information from the Website;
- Take any action that, at Company's sole discretion, is deemed to impose an unreasonable or disproportionately large load on Company's infrastructure or otherwise make excessive traffic demands of the Website;
- Conduct automated queries or other automated activity with the purpose of obtaining information from the Website;
- Attempt to gain unauthorized access to the Website, user accounts, computer systems, or networks connected to the Website; or
- Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website.
4. Third party content and websites
A. Company's Website may provide access to outside content and may include third-party applications, products, or services. These include without limitation for the issuance, redemption purchase or sale of USD1 by BitGo Trust Company, Inc. and/or by BitGo Technologies LLC ("BitGo"). You understand that in order to use certain third-party applications, products, or services, the third-party service provider may require you to be onboarded and to agree to their terms of service in order to use the applications, products, or services they provide.
B. You acknowledge that the Company or affiliated entities of the Company may receive compensation for providing access to outside content and applications, products or services, from any such third party or otherwise (including without limitation earnings on the reserves backing USD1).
C. Your use of third-party content and services is subject to all terms, conditions, practices, and policies set forth by those services and are at your own risk. Company makes no representations or warranties with respect to third-party applications, products, or services, or how they operate, including but not limited to operations involving the privacy, security, exchange, and transmission of your data. Company does not endorse nor hold responsibility for any information, practices, or policies of third-party content and services.
D. You acknowledge and agree that Company is not responsible for the quality, integrity, safety, accuracy, availability, reliability, or legality of any such third-party websites, or resources contained therein, and that Company is not responsible or liable for any content, advertising, products, or other material available from such third-party content or services. Further, you acknowledge that Company shall not be responsible or liable, directly or indirectly, for any damage, harm, injury, or loss of any kind caused or alleged to be caused by, or in connection with, the use of or reliance upon any content, material, or services available through any third-party content or services.
5. Dispute resolution
A. You agree that any dispute related to the use of this Website shall be adjudicated exclusively by binding arbitration rather than courts of general jurisdiction. You agree that any dispute related to the use of third-party services. These include without limitation, the issuance, redemption purchase and sale of USD1 by BitGo, shall be subject to the terms of service and customer agreements between you and the provider of such third-party services. The language to be used in the arbitral proceedings will be English. You acknowledge and agree that you are waiving the right to a trial by jury and to participate in a class action. This arbitration provision shall survive any termination of these Terms or other related terms. You or we may initiate such arbitration by written notice; you may serve us by mail at
407 Ayre St. #1358
Wilmington, Delaware 19804
Email: [email protected]
B. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, or if you reside outside the U.S.A., pursuant to JAMS International Arbitration Rules (in each case, the "Rules"). The arbitration hearings will take place in Dover, Delaware. The arbitrator shall not have the power to award damages that are limited or waived by these Terms (such as punitive damages, treble damages, or any other damages which are not compensatory), to the extent such limitation or waiver is permitted under applicable law, and the parties waive any right to recover any such damages. Further, the arbitrator shall have no power to issue any award that is contrary to or inconsistent with any applicable statute, case law or constitutional law, to modify, change or excuse performance of any material term of these Terms, or to award equitable relief. The arbitration proceedings and decision of the arbitrator shall be kept confidential (and may not be disclosed) by the parties or the arbitrator, except to the extent necessary to compel any award made by the arbitrator.
C. The agreement to arbitrate contained in this Section V shall continue in full force and effect despite the expiration or termination of these Terms.
D. Exceptions From Arbitration
You and Company each retain the rights to:
- Have any claims resolved in small claims court on an individual basis within the scope of such court's jurisdiction; or
- Bring an action in state or federal court to protect intellectual property rights such as copyrights, patents, moral rights, trademarks, trade secrets, and other confidential or proprietary information, but not privacy or publicity rights.
You and Company agree that, to the extent allowed by law, claims may only be brought against the other on an individual basis, and not on a class, representative, or collective basis.
6. Disclaimer of warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
7. Limitations on liability
- TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY OF ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ACTUAL, TREBLE, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY, OR DEATH OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE UNDER THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU ARISING FROM THESE TERMS, THE USE OF OR INABILITY TO USE THE WEBSITE, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $5,000 USD OR THE AMOUNT PAID BY YOU TO THE COMPANY FOR ACCESS TO AND USE OF THE WEBSITE.
- YOU RELEASE THE COMPANY AND HOLD IT AND ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, SUPPLIERS, AND PROVIDERS, AND ANY THIRD-PARTY WHO PROMOTES THE WEBSITE OR PROVIDES YOU WITH A LINK TO THE WEBSITE, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
8. Additional terms
- These Terms of Service, and all claims arising out or relating to these terms, will be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.
- The failure of Company to enforce any right or provision of these Terms of Service does not constitute a waiver of future enforcement of any right or provision. If, for any reason, a court of competent jurisdiction or an arbitrator finds any portion of a provision of these Terms of Service unenforceable or invalid, the remaining portion of that provision will otherwise be enforced to the maximum extent permissible. All other provisions of these Terms of Service will remain in full force and effect.
- If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations under them, are not assignable, transferable or sublicensable by you except with Company's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you without Company's prior written consent shall violate these Terms and be void.
- You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Company as a result of these Terms or your use of the Website.