Nexus Terms of Service & Trading Guidelines

Nexus Terms of Service and Trading Guidelines

These Terms of Service are entered into by and between You (“You”, “Your”, or “Company”) and Nexus Markets, LLC (“Service Provider”, “we”, “our”, or “us”), a limited company organized and existing under the laws of Saint Vincent and the Grenadines.  By signing below and by accessing our Services, you agree to be bound by the Terms of Service together with any documents they expressly incorporate by reference. These Terms of Service govern your access to and the use of any website owned or operated by Service Provider, the API, our mobile applications, the Services, or any other related service provided by the Service Provider. By using certain features of the Services, you may be subject to additional terms and conditions. 

1. Eligibility:

In order to use the Services, you must (a) be able to form a binding contract under applicable law, (b) be an individual, legal person or other organization with full legal capacity and authority to enter into these Terms of Service, (c) have not previously been suspended or removed from using our Services, (d) not currently have an existing account with Service Provider, (e) and have full legal capacity and authority to enter into this agreement. Service Provider will determine the availability Services in its sole discretion and reserves the right to deny services to anyone or jurisdiction. Services may not be available in some markets and jurisdictions.

2. Prohibition of use:

By signing below and accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions lists, such as the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”. You further represent and warrant that your use of the Services will not violate any contract, intellectual property or other third-party right, or commit a tort, and that you are solely responsible for your conduct while using our Services. 

Services are to be only used for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:

  • In any way that violates any applicable law or regulation; 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

  • To impersonate or attempt to impersonate Service Provider, a Service Provider employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); and

  • In any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner.

You further agree that you will not:

  • Use any robot, spider, or other automatic device, process, or means to access the Services that is designed or used to copy any of the material on the Services, unless authorized by us;

  • Use any manual process to copy any of the material on the Services, unless for purposes authorized in these Terms of Service, without our consent;

  • Use any device, software, or routine that interferes with the proper working of the Services;

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt, any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;

  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack:

  • Otherwise attempt to interfere with the proper working of the Services;

  • Use or attempt to use another user's account without authorization;

  • Develop any third-party applications that interact with our Services without our prior written consent;

  • Provide false, inaccurate, or misleading information;

  • Encourage or induce any third party to engage in any of the activities prohibited under this Section; and

  • Use the services for engaging in market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering regardless of whether prohibited by law).

    3. Reliance on Information:

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

4. Risk Disclosure:

YOU UNDERSTAND THAT BY USING OF THE SERVICES, YOU ARE SUBJECT TO SUBSTANTIAL RISK OF LOSS. THE VALUE OF DIGITAL ASSETS, DIGITAL CURRENCIES, OR FIAT CURRENCIES (THE “PRODUCTS”) MAY GO UP OR DOWN AND BE UNPREDICTABLE.  YOU MAY LOSE MONEY BY BUYING, SELLING, HOLDING, OR INVESTING IN PRODUCTS CONTAINED ON THE SERVICES.  YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK WITH RESPECT TO TRADING PRODUCTS AND IN NO WAY WILL SERVICE PROVIDER BE LIABLE FOR ANY RISKS RELATED TO TRADING THE PRODUCTS.

Leverage Risks. As part of the Services, you may have the ability to use leverage.  Although it can lead to increased profits, you must be vigilant with your use of leverage as it can work against you and lead to large losses.

Communication Risks. Internet-based trading includes inherent risks associated with it including, but not limited to, the failure of hardware, software, and Internet connections.  You understand and agree that these risks may result in inability or delay of trades or transmission of trade related information and that in no way will Service Provider be liable for any losses or damages as a result of any communication failures, disruptions, errors, distortions or delays you may experience when trading via the Services.

Market Making. The Service Provider functions as a market maker and may take the opposite position against your trade, acting as a buyer or seller.

5. Description of Services:

Herein referred to as the “Services”, the Service Provider provides a technology platform to facilitate the online purchase and selling of digital currencies, digital assets, and legal tender or fiat currency (crypto to crypto, crypto to fiat, and fiat to crypto trading) The platform is accessed via a user interface/website and Service Provider provides support for the platform.

6. Data Protection and Privacy:

Accessing the Services and Account Security. We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Services: and

  • Ensuring that all persons who access the Services through your internet connection or account are aware of these Terms of Service and comply with them.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

7. Information About You and Your Use of the Services:

Identity Verification.  You agree to share personal information as requested by Service Provider for the purposes of identity verification. This information is required for compliance with anti-money laundering rules, terrorist financing prevention, and fraud and other financial crimes prevention. You further agree to allow the Service Provider to store this information for the lifetime of your account plus five years.

Information requested may include, but not limited to, name, email, address and contact information, date of birth, government ID, username, telephone number, and other information related identity verification.  You represent and warrant that any information provided by you is accurate and authentic. Service Provider reserves the right to cancel, suspend, or terminate Services if there is any indication that the information provided is incomplete, incorrect, untruthful, outdated, or otherwise insufficient.  Service Provider may allow you to correct or amend incorrect information before termination or suspension. Service Provider will have no liability if there is a lapse in Services because of identity verification procedures. You must immediately notify Service Provider if there are any changes to your information and you must ensure that all your information is up to date.

YOU HEREBY GRANT SERVICE PROVIDER THE RIGHT TO MAKE INQUIRIES, EITHER DIRECTLY OR VIA THIRD PARTIES, FOR THE PURPOSES OF VERIFYING YOUR IDENTITY OR TO PROTECT AGAINST FINANCIAL CRIMES AND COMPLY WITH APPLICABLE REGULATIONS OR LAW.  

YOU ACKNOWLEDGE AND AGREE THAT SERVICE PROVIDER MAY DISCLOSE USE YOUR PERSONAL INFORMATION TO THIRD PARTIES IN REFERENCE TO CREDIT CHECKS OR FRAUD/FINANCIAL CRIME PREVENTION.

8. Account and Trading Rules:

All trading is governed by these Terms of Service. All accounts must be loaded via approved external accounts prior to trading.  Service Provider reserves the right to disapprove any external fund sources and you may be required to verify control of the fund source. You are responsible for any fees charged by your external funding source.  Service Provider bears no responsibility for any external account fees, management, security, processing times, or services.  

Service Provider institutes certain security protocols requiring access credentials for account use and security. These access credentials include passwords, username, and other confidential information. You understand and agree that your access credentials must be kept in strict confidence and you are responsible for their safekeeping and all precautions necessary to protect them. You understand agree that you will notify Service Provider immediately if you become aware of any unauthorized use or suspected unauthorized use of your account and you will take all precautions necessary to ensure maximum account security, such as logging out after each session.

Registration. You must register an account with Service Provider to engage in Services.  You must provide your real name, email address, password, and accept these Terms of Service together with any other applicable Service Provider rules or policies. You agree to only supply Service Provider with correct and up-to-date information when registering an account. The Service Provider reserves the right to refuse account creation to any user and at any time. 

Accounts may only be used as intended and in accordance with these Terms of Service. Service Provider reserves the right to cancel, revoke, freeze, suspend, or terminate accounts that violate or attempt to circumvent these Terms of Service, in its sole discretion.

Orders. Orders are made when you place a trade instruction using the Services. After placing an order, your account will be updated as such and the order will be included in Service Provider’s order book to be matched to other users. Once matched with another user, the Services will execute a trade and your account will be updated to reflect this. Orders may be executed in full or in part depending on the availability of matched orders. Orders remain open until fully executed or canceled. 

Types of Trades. Depending on your account, you may have access to different types of trades.  All trades will be performed on a spot basis unless explicitly placed otherwise.  

Traded Products. Various products may be offered for trade from time to time. Service Provider reserves the right to discontinue traded products without notice.

Deposit and Trading. You must have a sufficient amount of funds in your account to engage in trading and maintain any open positions. Service Provider may, at its discretion, close open positions in the event that you do not have sufficient funds to meet any Service Provider required minimum account balances. Service Provider may, at its discretion, modify minimum balance requirements at any time. You must pay Service Provider for any negative account balance and you grant the Service Provider a right of offset to sell any assets in your account to pay for such negative balances.

Custody. All Products will be held on your behalf until we receive instructions from you to sell or transfer the Products. Products may be held in a variety of ways in line with best market practice, such as: (a) by an appointed affiliate or third party; and/or (b) in a pooled wallet or account with other client assets (an "Omnibus Account"). We will strive to maintain detailed records of all Products held in Omnibus Accounts and mitigate any associated risk. Claims made against your assets will be made generally against the Omnibus Account and subject to the total amount contained in the Omnibus Account.

Errors. If an error should occur, Service Provider reserves the right to correct any such error and take all action to reverse and correct any transactions or trades that took place as a result of the error or during the error event. Your sole remedy in the event of an error is a cancellation and refund of the order or trade.

Market Conditions. You agree and understand that exchange rate information published via our Services may differ from the prevailing market rate or other published rates found outside of our Services. Service Provider will reasonably attempt to execute trades at the prevailing market rate, but does not guarantee this rate. Service Provider reserves the right to temporarily suspend trading in the events of extreme volatility or force majeure events.

Cancellations. You may only cancel an order before the order has been matched.  Once matched, all orders are final.  If an order is partially matched, you may only cancel the unmatched portion of the order.  Service Provider reserves the right to refuse any cancellation request after order has been submitted. If you do not have enough funds in your account to fulfill an order, Service Provider may in its sole discretion cancel the entire order, fulfill a portion of the order, or fulfill the entire order and hold you liable for the remainder of the order unpaid.

Fees. You agree to pay Service Provider such fees as set forth in the Nexus Execution Fee Schedule. The fees may be modified from time to time in the Service Provider’s sole discretion and you authorize Service Provider to remove funds from your account for any amounts owed by you to Service Provider or its affiliated entities. Failure to pay any amounts owed to Service Provider by the specified due date will incur collection fees of the lesser of 10% or the highest amount allowed by law.

Settlement. All trades will be settled on a spot basis. An additional post-trade settlement of open balances may apply to the pricing of non-USD fiat crossed instruments. Additional fees and expenses may apply.

Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any order submitted via the Services, impose limits on the order amount permitted via the Services, or impose any other conditions or restrictions upon your use of the Services without prior notice (such as limiting order volume or amounts). 

Taxes. You are responsible for all taxes applicable to you regarding your use of the Services.  You must accurately report any and all required tax to the applicable tax authority. You understand and agree that Service Provider is not responsible for determining whether taxes apply to you or your use of the Services or for collecting, reporting, withholding or remitting any taxes applicable to you.

9. Monitoring and Termination of Services:

We have the right to:

  • Investigate any violation of these Terms of Service, unilaterally determine whether you have violated these Terms of Service; 

  • Terminate or suspend your access without notice to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service;

  • Take any action with respect to any user that we deem necessary or appropriate in our sole discretion, including if we believe that such user action violates these Terms of Service, infringes any intellectual property right, or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Service Provider; and

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. 

Examples of enforcement actions referenced above include, but are not limited to: reporting the incident to authorities, suspending or blocking orders, freezing accounts and/or funds, notification that actions have been taken, deleting information published in violation of these Terms of Service, etc.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. 

YOU WAIVE AND HOLD HARMLESS THE SERVICE PROVIDER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

10. Termination of Agreement and Services:

Service Provider may terminate this Agreement, suspend access to all or a portion of the Services, terminate your access to the Services, or deactivate and delete account (including deletion of all related information and files in such account) at any time, in our sole discretion, without notice, and without liability to you. Service Provider will use reasonable efforts to notify you of any adverse changes to your Services, but does not guarantee this will always be possible. In the event of termination, Service Provider will attempt to return any funds stored in your account, unless funds are in dispute or owed to Service Provider. All funds will be forfeited if not claimed after 30 days of account closure.  

If Service Provider believes you have committed fraud, negligence, or other misconduct, Service Provider may freeze your account and its funds permanently and withdraw any remaining balance.

11. Financial Advice and Compliance with Laws:

No Financial Advice. Service Provider offers no advice regarding services and does not have a fiduciary relationship to you. Any information or communication to you by Service Provider will not be considered, construed as, or intended as investment advice, financial advice, or advice of any kind.  You are responsible for your own investment strategies and risk. We encourage you to seek advice from your legal of tax professional. You control all trades by you based on the parameters you set and in accordance with our trade execution rules.

Compliance with Laws. You must be in compliance with all applicable laws and it is your responsibility to ensure you abide by all local, national, and international law, regulations, statutes, and rules (including applicable tax rules). Service Provider will cooperate with any relevant authority and may freeze or terminate accounts not complying with applicable law.

12. Disclaimer of Warranties:

EXCEPT AS EXPRESSLY PROVIDED IN WRITING BY SERVICE PROVIDER, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation on Liability and Indemnification:

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE SERVICE PROVIDER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICE LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

TO THE FULLEST EXTENT PERMITTED BY LAW APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SERVICE PROVIDER (INCLUDING ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, SERVICE PROVIDER OR TO THESE TERMS EXCEED THE TRANSACTION FEES (AS DEFINED IN SCHEDULE A) PAID BY YOU TO SERVICE PROVIDER DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification. You agree to defend, indemnify, and hold harmless the Service Provider, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to any third party action (including third party interference with the Services such as theft of property of assets/property or damage to assets/property), your violation of these Terms of Service or your use of the Services, including, but not limited to, your contributions, any use of the Services' content, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.  Service Provider may, in its sole discretion, control any action or proceeding against it.

14. Miscellaneous:

Intellectual Property Rights. The entire contents, features, and functionality (including but not limited to all information, API and associated documentation, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) of the Services and our websites are owned by the Service Provider, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services unless expressly agreed in writing by Service Provider.

Confidentiality. Both Parties shall undertake to keep confidential all information in whatever form, whether technical or commercial, of a confidential nature pertaining to the business of the other Party including data, reports, and information (hereinafter “Confidential Information”), and to only use such Confidential Information to the extent necessary for the due performance of these Terms of Service.

Entire Agreement. These Terms of Service constitute the sole and entire agreement between you and Service Provider regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. No usage of trade, regular practice, or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms of Service. In the event of conflict of these Terms of Service, the provision most favorable to the Service Provider will control.

Relationship of the Parties. The relationship of the parties is that of an independent contractor and not an agency or employment relationship. Nothing in these Terms of Service is to be interpreted as an association, joint venture, partnership, or franchise between the parties.  You do not have the authority to bind Service Provider in any manner.

Force Majeure Events. Service Provider will not be liable for any delay or failure to perform any of its obligations, any inaccuracy, error, delay in, or omission of any information (or the transmission or delivery of information), or any loss or damage arising from any event beyond Service Provider’s reasonable control (including but not limited to flood, extraordinary weather conditions, pandemic, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Service Provider’s reasonable control).

Severability. If any portion of these Terms of Service is held invalid or unenforceable, the other provisions these Terms of Service will not be affected and will remain in full force and effect.

Counterparts. These Terms of Service may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page to these Terms of Service by facsimile or in electronic (i.e., "pdf" or "tif") format shall be effective as delivery of a manually executed counterpart of these Terms of Service.

Assignment. You may not assign or transfer any of your rights or obligations under these Terms of Service without prior written consent from Service Provider, including by operation of law or in connection with any change of control.  Service Provider may assign or transfer any or all of its rights under these Terms of Service, in whole or in part, without notice or obtaining your consent or approval.

Waiver. Our failure or delay to require performance of any provision or exercising any right, power or privilege under these Terms of Service will not constitute a waiver of such right or provision, nor will any waiver of breach or default constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 

Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.

Third-Party Content. By using our Services, you may view or have access to content provided by third parties (such as links to third-party websites). We do not endorse, adopt, or exhibit any control over any third-party content.  You understand and agree that Service Provider will not have any responsibility for third-party content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. Any dealings between you and third-parties are performed at your own risk and expense.

Consent to Electronic Notices. You agree and consent to receive all notices and communications related to services electronically and that Service Provider may provide these notices by email to the email address provided by you, by use of the Services, or by other electronic means agreed by you. You should retain copies of all electronic communications.

Your Contact Information. It is your responsibility to maintain up-to-date contact information at all times. You understand and agree that Service Provider may send you notices and communication using the contact information you provide and Service Provider will be deemed to have provided the notices/communication to you in the event your information is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive the notices/communication.

Notices. All notices and other communications required or permitted under these Terms of Service will be in writing and will be deemed given when delivered personally or by registered or certified mail (return receipt requested) or by electronic delivery (provided a delivery failure is not generated) addressed as follows:

  • Current address or email in Company’s account on the Services

    15. Dispute Resolution:

PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.  YOU AGREE TO WAIVE CERTAIN LEGAL RIGHTS AND YOUR RIGHT TO A JURY TRIAL.  

Dispute Process. All disputes must be submitted in writing within 30 days of it arising.  You must contact us first to resolve your dispute and you agree to attempt to resolve your dispute in good faith before any arbitration or court processes may begin. If you and Service Provider cannot resolve your dispute, you must proceed to arbitration as outlined below.

Agreement to Arbitrate. You and Service Provider agree to resolve any claims relating to your use of the Services or these Terms of Service (including any question regarding its existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration. If we are not able to resolve your claims within 60 days of receiving notice of your dispute, you may seek relief through arbitration, as set forth below.

Arbitration Procedure. Either you or Service Provider may submit a dispute for final, binding resolution by arbitration under the rules of JAMS International Arbitration, which are deemed to be incorporated by reference. The arbitration will be conducted confidentially in English and by a single arbitrator.  You agree that either party will not commence a class or representative action against the other.

Governing Law and Jurisdiction. All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Saint Vincent and the Grenadines without giving effect to any choice or conflict of law provision or rule.

Last updated September 3, 2024