Terms of Service
PART I: General Terms
These terms of service, together with any documents and additional terms they expressly incorporate by reference, which includes any applicable Product Specific Terms (as defined below) and any other terms and conditions or other agreement that Good Randomness Limited ("the PAC," "we," "us" and "our") posts publicly or makes available to you or the company or other legal entity you represent ("you" or "your") (collectively, these "Terms"), are entered into between the PAC and you concerning your use of, and access to, the PAC's websites, including the PAC, and the PAC's web applications, mobile applications, and all associated sites linked thereto by the PAC or its affiliates (collectively with any materials and services available therein, and successor website(s) or application(s) thereto, the "Site") and the Services (as defined in Section 2.1). These Terms are separated into two parts: (a) Part I of these Terms sets out the general terms that apply to the Site and the Services (“General Terms”); and (b) Part II of these Terms sets out the Product Specific Terms (as defined in the paragraph directly below). Unless otherwise specified, all references to Sections in these Terms are references to Sections in the General Terms.Certain Products and Services (each as defined in Section 2.1) may be subject to additional terms that are specific to that Product and/or Service (collectively, “Product Specific Terms”). Product Specific Terms are described in Part II of these Terms. In the event of any conflict between a provision in the General Terms and any applicable Product Specific Terms, the provision in the applicable Product Specific Terms will govern. By clicking "I agree" (or similar language) to these Terms, acknowledging these Terms by other means, or otherwise accessing or using the Site or the Services, you accept and agree to be bound by and to comply with these Terms, including, without limitation, the mandatory arbitration provision in Section 14, and acknowledge that you have read and understood our Privacy Policy as further described in Section 15.1. If you do not agree to these Terms, then you must not access or use the Site or the Services. Please carefully review the disclosures and disclaimers set forth in Section 12 and elsewhere in these Terms in their entirety before accessing or using any software, services, products or other offerings developed, owned or otherwise made available by the PAC. These Terms set forth important details about the legal obligations associated with your use of the Services. Please read these terms carefully to ensure that you understand each provision. These terms contain a mandatory individual arbitration provision and class action/jury trial waiver in section 14 that require the exclusive use of final and binding arbitration on an individual basis to resolve disputes between you and us, including without limitation any claims that arose or were asserted before you agreed to these terms. To the fullest extent permitted by law, you expressly waive your right to seek relief in a court of law and to have a jury trial on your claims, as well as your right to participate as a plaintiff or class member in any class, collective, private attorney general or representative action or proceeding.
We may, at our sole discretion, modify these Terms from time to time. In the event of any changes, we will notify you by methods such as updating the "Last Updated" date at the top of these Terms or providing notice through the Services. Unless explicitly stated otherwise in the notice, all modifications will take effect immediately. By continuing to use the Site and the Services after such notice, you confirm your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue using the Site and Services.
2.1
The Site provides information about and, subject to meeting eligibility requirements and successfully completing the PAC’s onboarding process, allows access to certain products issued by special purpose vehicles (each, a “Product”) operated by the PAC (collectively referred to as the “Services”). Please note that each Product is independently governed by the terms, conditions, and requirements outlined in applicable agreements between you and the issuing special purpose vehicle. These agreements are not modified or replaced by these Terms, and the PAC is not a party to or responsible for any acts or omissions under those agreements.The Services may include functionalities such as providing access to Products via protocols to interact with centralized or decentralized applications, APIs, and other software developed or provided by the PAC to facilitate access to the Products. However, engaging in bilateral transactions (including smart contract-based decentralized transactions) involving the Products or cryptocurrency and other blockchain-based assets (collectively, “Digital Assets”) is not part of the Services. Such transactions are conducted at your own risk.You acknowledge and agree that the PAC does not offer execution, settlement, or clearing services of any kind and is not responsible for the execution, settlement, or clearing of blockchain-automated transactions. Execution, settlement, or clearing of decentralized blockchain transactions (including those involving Digital Assets) occurs directly on the Ethereum blockchain (or another blockchain as specified in the Services interface). The PAC has no involvement in or responsibility for any such activities or transactions.
2.2
Conditions. As a condition for accessing or using the Services or the Site, you represent and warrant to the PAC the following: 2.2.1 if you are agreeing to these Terms as an individual, you confirm that you are of legal age in your place of residence and have the legal capacity to enter into and be bound by these Terms. If you are agreeing to these Terms on behalf of an entity, you confirm that you have the legal authority to accept these Terms on behalf of that entity, in which case "you" (except as used in this paragraph) refers to that entity; 2.2.2 you are not a resident, citizen, or agent of Iran, Cuba, North Korea, Syria, the Crimean Region of Ukraine, or any other jurisdiction subject to United States trade embargoes or similar sanctions ("Restricted Territories"); 2.2.3 you are not listed on any sanctions list or its equivalent maintained by the United States, the United Kingdom, the European Union, or the United Nations ("Sanctions List Persons"), nor do you intend to engage in transactions with any Restricted Person or Sanctions List Person; 2.2.4 you do not use, and will not use, VPN software, privacy tools, or other anonymization techniques to bypass or attempt to bypass any restrictions applicable to the Services; 2.2.5 Your access to the Services (a) is not prohibited by, and does not violate or assist in the violation of, any domestic or international law, regulation, rule, statute, by-law, order, protocol, code, decree, or any directive, guideline, or requirement that applies to or governs any individual, entity, transaction, property, activity, or matter. This includes rules, judgments, directives, or other enforceable requirements issued by any governmental, regulatory, judicial, or administrative authority with jurisdiction over the PAC, you, the Site, or the Services, whether established by statutory law, common law, or equity ("Applicable Laws"); (b) does not contribute to or facilitate any illegal activity.
2.3
As a condition to accessing or using the Services or the Site, you acknowledge, understand, and agree to the following:2.3.1 you acknowledge that the Site and the Services may be unavailable or inoperable at times due to reasons including but not limited to:(a) Equipment malfunctions; (b) Scheduled maintenance or repairs conducted by the PAC or its suppliers/contractors; (c) Events outside the PAC's control or that could not have been reasonably anticipated; (d) Disruptions or unavailability of blockchain infrastructure; (e) Downtime or unavailability of third-party service providers or partners; 2.3.2 the PAC reserves the right to restrict or modify access to the Site and Services if there is a breach of these Terms, including if it reasonably believes your representations or warranties are inaccurate. We shall not be liable for any losses or damages resulting from such inaccessibility; 2.3.3 the Site and Services may undergo changes, replacements, or discontinuations (either temporarily or permanently) at the PAC's sole discretion, as part of their ongoing evolution; 2.3.4 general pricing or other information provided on the Site is strictly informational and does not constitute an offer, solicitation, advice, or recommendation for any transaction involving the PAC; 2.3.5 the PAC does not act as your agent or the agent of any other Site or Service user; 2.3.6 you bear full responsibility for your use of the Services, including all Digital Asset transactions, custody, and control; 2.3.7 to the fullest extent permitted by law, the PAC owes no fiduciary duties or liabilities to you or others. Any implied fiduciary duties or liabilities are hereby expressly disclaimed, waived, and eliminated; 2.3.8 you are solely responsible for calculating, reporting, and paying any taxes arising from your use of the Services; 2.3.9 the PAC has no control or liability regarding the delivery, quality, safety, legality, or other characteristics of any Digital Assets you transfer to or from third parties. We are not responsible for ensuring that any third party you transact with completes the transaction or is authorized to do so. Any issues with third-party Digital Asset transactions are solely your responsibility and risk.
2.4
As a condition for accessing or using the Services or the Site, you agree to the following commitments to the PAC:2.4.1 when using the Services, you will only transfer Digital Assets that you have lawfully obtained and that belong to you;2.4.2 you will adhere to all Applicable Laws in your use of the Services and will not access or use the Site or Services if doing so violates the laws of your country or any other Applicable Law;2.4.3 all Digital Assets used in connection with the Services are either your own property, or you are fully authorized to perform actions involving those Digital Assets;2.4.4 in addition to complying with all other restrictions, prohibitions, and requirements in these Terms, you will: (a) ensure that all information you provide on the Site or while using the Services is accurate, complete, and up to date; and (b) maintain the confidentiality and security of your private keys (associated with your public blockchain address), passwords, API keys, private keys linked to your Services account, and any other related credentials.
When using the Services, you are responsible for paying all fees associated with interactions on the Ethereum blockchain or any other applicable blockchain. This includes transaction costs and any other fees specified on the Site at the time of your use of the Services. While we strive to provide accurate fee information, the fees displayed on the Site are estimates and may differ from the actual fees incurred when using the Services or interacting with the blockchain.
Unless explicitly stated otherwise, all information provided through your access to and use of the Site and Services is for informational purposes only and should not be interpreted as professional advice. You should not act or refrain from acting based on any information available on the Site or any other content we provide, including but not limited to blog posts, articles, links to third-party content, Discord discussions, news feeds, tutorials, tweets, and videos.Before making any financial, legal, or other decisions involving the Services, you are strongly encouraged to seek independent professional advice from a qualified and licensed professional in the relevant field.These Terms do not establish or impose any fiduciary duties on us. You acknowledge and agree that our only obligations to you are those explicitly stated in these Terms.
You are prohibited from using the Services for any of the activities listed below (collectively, "Prohibited Uses"). The examples provided are illustrative and not exhaustive. If you are unsure whether your use of the Services constitutes a Prohibited Use or have any other questions regarding these requirements, please contact us at support@thepac.io. By accessing or using the Site or Services, you agree that you will not use the Site or Services to:
5.1
violate any Applicable Laws, including, but not limited to, anti-money laundering (AML) laws, anti-terrorist financing laws, or sanctions programs enforced by authorities such as the U.S. Department of Treasury's Office of Foreign Asset Control (OFAC) or any other applicable regulatory body;
5.2
engage in any transactions or activities that infringe or violate intellectual property rights, including but not limited to:(a)involvement in sales, distribution, or access to counterfeit goods, including music, movies, software, or other licensed materials, without proper authorization from the rights holder; (b)unauthorized use of the PAC’s intellectual property, including its name, logo, trade, or service marks, without express written consent; (c)any action that creates a false impression of endorsement, partnership, or affiliation with the PAC, or otherwise harms the reputation or interests of the PAC;
5.3
use the Services in any way that may interfere with, disrupt, negatively impact, or inhibit other users from fully enjoying the Services, or that may damage, disable, overburden, or impair the proper functioning of the Site or Service;
5.4
engage in activities that violate Applicable Laws or regulations related to the integrity of trading markets, including, but not limited to, manipulative practices such as spoofing or wash trading;
5.5
circumvent any content-filtering techniques, security measures, or access controls implemented by the PAC on the Site, including (but not limited to) doing so through the use of a VPN or other anonymization tools.
5.6
use any automated tools or interfaces not expressly provided by the PAC (such as robots, spiders, crawlers, or scrapers) to access the Services or extract data. Additionally, you may not introduce malicious software, including viruses, Trojan horses, worms, logic bombs, backdoors, shutdown mechanisms, or any other harmful material, into the Site or Services.
5.7
provide false, inaccurate, or misleading information while accessing or using the Site or Services, or engage in activities intended to defraud the PAC, other users, or any third party;
5.8
use or access the Site or Services to transmit or exchange Digital Assets that are derived from or connected to any criminal or fraudulent activities, including, but not limited to, terrorism financing or tax evasion;
5.9
use the Site in any manner that we, at our sole discretion, deem to be libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable. This includes behavior likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others;
5.10
access or use the Site or Services from any jurisdiction that we have, at our sole discretion, determined to be restricted or prohibited for use of the Site or Services;
5.11
harass, abuse, or harm another person or entity, including employees or service providers of the PAC. Additionally, impersonate another user of the Services or misrepresent your identity in any way;
5.12
engage in activities that violate any applicable laws, rules, or regulations of the United States or any other relevant jurisdiction. This includes (but is not limited to) restrictions and regulatory requirements imposed by U.S. law;
5.13
encourage, induce, or assist any third party, or attempt yourself, to engage in any of the activities prohibited under this Section 5 or any other provision of these Terms.
By using the Site or Services, you grant us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish, and distribute Your Content in any form, medium, or manner. This includes, but is not limited to, using Your Content for promoting the PAC, its affiliates, the Services, or the Site.You represent and warrant that:(a)Ownership or Authorization: You own Your Content or have all necessary rights and permissions to grant the licenses outlined in these Terms; (b)Compliance: Your Content and our use of it, as licensed, does not and will not violate, misappropriate, or infringe on any rights of third parties, including but not limited to intellectual property rights, privacy rights, or publicity rights.
Any product or service names, logos, and other marks of the PAC used on the Site or as part of the Services, including the PAC's name and logo, are trademarks owned by the PAC, its affiliates, or its applicable licensors. You may not copy, imitate, or use them without the prior written consent of the PAC or the applicable licensors. These Terms do not grant you any rights in those trademarks. Additionally, you may not remove, obscure, or alter any legal notices displayed within or alongside the Services.
The Services may allow you to access or view links to other websites, applications, or resources on the World Wide Web, and may enable you to interact with content, services, applications, and/or resources provided by third parties (such as eligible crypto wallet providers and blockchain networks) that are not owned or controlled by the PAC (collectively, “Third-Party Services”). Certain functionality of the Services may require you to register for or otherwise use Third-Party Services. You acknowledge and agree that the PAC is not responsible for the availability of such Third-Party Services, and that the PAC does not endorse and is not responsible or liable for any content, advertising, products, or other materials available through or on such Third-Party Services. You further acknowledge and agree that the PAC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any Third-Party Services, including but not limited to your use of or reliance on any content, goods, or services available through any Third-Party Services.Any access to or use of third-party services, including interactions or transactions conducted through them, is governed by the terms and conditions of the respective third-party services. Any agreement or transaction you enter into with a third-party service is solely between you and that third party. By accessing or using such third-party services, you acknowledge that these Terms do not govern your use of those services. You use third-party services at your own risk, and you agree to release the PAC from any responsibility or liability arising from your reliance on or use of third-party services.
We reserve the right, at our sole discretion, to modify, suspend, or disable the Services, in whole or in part, at any time, with or without prior notice. This may include limiting access to certain services or restricting the ability to open new funds on the PAC platform. Upon termination of your access, you will no longer be authorized to use the Services. We will not be responsible for any losses you incur as a result of any changes, suspension, or termination of the Services or your access. The following sections of these Terms will remain in effect even after termination of your access, including any other provisions that by law or nature should survive: Sections 7 through 15.
10.1
By using the Services or interacting with the Site in any capacity, you represent and warrant that you understand the inherent risks associated with cryptographic systems, blockchain-based networks, and digital assets. This includes an understanding of native digital assets like Ether (ETH), Ethereum blockchain-based tokens, and systems that interact with blockchain networks.The PAC does not own or control the underlying software that forms blockchain networks. In general, the software powering these networks, including the Ethereum blockchain, is open-source, meaning it can be used, copied, modified, and distributed by anyone. By using our Services, you acknowledge and agree to the following:(a) the PAC is not responsible for the operation of the software or networks underlying the Services;(b) there is no guarantee regarding the functionality, security, or availability of these software and networks;(c) blockchain networks are subject to sudden changes in operating rules (commonly referred to as "forks") that may materially impact the Services.Blockchain networks rely on public/private key cryptography. You are solely responsible for securing your private key(s). The PAC does not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly prevent you from accessing any digital assets associated with them on the Ethereum blockchain or other blockchain networks.Neither the PAC nor any other entity can retrieve or protect your digital assets if you lose your private key(s). Without your private key(s), you will be unable to transfer your digital assets to another blockchain address or wallet, rendering them inaccessible and devoid of value or utility.
10.2
The Services and your digital assets may be subject to regulatory inquiries or actions, which could impact the PAC’s ability to continue offering its proprietary software. Such regulatory developments may also impede or restrict your ability to access or use the Services.
10.3
You acknowledge and understand that cryptography is an evolving field. Advances in code-breaking techniques or emerging technologies, such as quantum computing, may pose risks to digital assets and the Services, potentially resulting in the theft or loss of your digital assets. While we aim to update software developed or owned by the PAC to incorporate enhanced security measures to address such risks, this intention does not guarantee or ensure the complete security of the Services.
10.4
You understand that the Ethereum blockchain and other blockchain-based networks are still under development, which introduces technological and security risks associated with using the Services, as well as uncertainties related to digital assets and their transactions. You acknowledge that the cost of transacting on the Ethereum blockchain and similar networks may fluctuate and increase at any time, potentially affecting activities conducted on these networks. Such changes may result in price volatility or increased costs when using the Services.
10.5
You acknowledge that the Services may have flaws, and you are solely responsible for assessing any code or functionality provided by the Services or Site. The warnings and notices provided by the PAC in these Terms do not constitute an ongoing obligation to inform you of all potential risks associated with using the Services or accessing the Site.
10.6
While we strive to provide accurate and timely information through the Site and Services, such information may occasionally be inaccurate, incomplete, or outdated and may include technical inaccuracies or typographical errors. To maintain accuracy, we may update or change information from time to time without prior notice, including, but not limited to, updates to our policies. Therefore, you are responsible for verifying all information before relying on it, and any decisions made based on information from the Site or Services are made at your own risk. We make no representations regarding the accuracy, completeness, or suitability of any pricing information provided through the Site or Services for any specific purpose. Prices and related information may differ from those available on other platforms offering similar services.
10.7
Using or interacting with the Services requires a thorough understanding of applied cryptography and computer science to fully assess the associated risks, including those outlined above. By using the Services, you represent and warrant that you possess the necessary knowledge and skills to do so. Any reference to a specific type of Digital Asset on the Site or within the Services does not constitute an endorsement or rejection of the underlying technology of that Digital Asset. You are solely responsible for understanding and evaluating the unique risks associated with each type of Digital Asset.
10.8
Using the services, including digital asset transactions or participation in the PAC financial products, involves significant financial risk. digital assets and decentralized protocols are experimental, volatile, and inherently risky. Transactions are final, irreversible, and non-refundable. By accessing and using the site and services, you do so at your own risk.You acknowledge that the risk of loss in digital asset transactions or using the PAC financial products can be substantial. It is your responsibility to assess whether these transactions are suitable for you based on your circumstances and financial situation. By using the services, you confirm that you will independently evaluate the risks involved.You also confirm that you have the necessary knowledge, experience, and professional advice to assess the risks and merits of transactions involving the services. You accept full responsibility for any consequences, including potential loss of access to your digital assets. All transaction decisions are made by you, and we are not liable for any losses or damages resulting from your use of the services.
10.9
We are obligated to comply with Applicable Law, which may require us to take certain actions or disclose information to government agencies upon request. These actions or disclosures may not align with your best interests and could occur without prior notice to you.
10.10
You acknowledge that the service is still under development, which introduces technological, transactional, and other risks. These risks include, but are not limited to, delays in trades, withdrawals, and deposits due to server downtime; incorrect information displayed on the site due to server errors; or transactions being rolled back due to server issues. You understand that these risks may significantly impact your transactions, potentially preventing them from being completed at your desired price or at all.
10.11
By using the Services, you explicitly assume all risks outlined in this Section 10. You agree that the PAC, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, representatives, suppliers, and contractors will have no responsibility or liability for these risks.Furthermore, you irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against the PAC and the aforementioned parties arising from or relating to any of the risks described in this Section 10.
You agree to defend, indemnify, and hold harmless the PAC, its affiliates, and their respective stockholders, directors, officers, employees, agents, and contractors (collectively, the "Indemnified Parties") from any claim, demand, lawsuit, investigation, liability, damage, loss, or expense, including reasonable attorneys' fees, arising out of or related to: (a) your use of, or conduct in connection with, the Site or Services; (b) Digital Assets linked to your Ethereum or other blockchain address; (c) any feedback or content you provide to the PAC regarding the Site or Services; (d) your breach of these Terms; or (e) your infringement of the rights of any third party. If indemnification is required, the PAC (or the relevant Indemnified Party) has the sole discretion to manage the defense, including deciding whether to settle and on what terms, and you agree to cooperate in that process.
the PAC is a developer and owner of software. the PAC does not operate a digital asset or derivatives exchange platform, nor does it offer trade execution or clearing services. As such, the PAC has no oversight, involvement, or control over your transactions using the services or products. Any secondary transactions between users of the services are executed directly between the users' Ethereum or other blockchain addresses via a smart contract. You are responsible for complying with all applicable laws that govern your use of products. You understand that asseto is not registered or licensed by the BVI financial services commission, the CFTC, SEC, or any financial regulatory authority. the PAC is not registered or licensed by the BVI Financial Services Commission, the CFTC, SEC, or any other financial regulatory authority. the PAC does not own or control the underlying software protocols related to Ethereum or other applicable blockchains. Generally, decentralized protocols are open-source, and anyone can use, modify, copy, and distribute them. the PAC is not responsible for the operation of decentralized protocols and makes no guarantees regarding their functionality, security, or availability.To the maximum extent permitted by applicable law, the site and services (including any content or functionality thereof) are provided "as is" and "as available," and we expressly disclaim, and you hereby waive, any representations, warranties, or conditions of any kind, whether express or implied, statutory or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment, and non-infringement of third-party rights. We do not warrant that the site or services will be uninterrupted, error-free, or available at any particular time. Furthermore, we do not guarantee that any errors in the site or services will be fixed or are fixable.You acknowledge that your data on the site may be lost, corrupted, or temporarily unavailable due to various factors, and agree that, to the maximum extent permitted by law, we are not liable for any loss or damage caused by denial-of-service attacks, software failures, viruses, protocol changes by third parties, internet outages, force majeure events, maintenance, or other issues beyond our control.This disclaimer of implied warranties does not apply to the extent such warranties cannot be excluded or limited by applicable law in your jurisdiction.
In no event shall the PAC's total liability (including its affiliates, stockholders, directors, officers, employees, agents, and contractors) arising from or in connection with the site, services, or any products or services provided exceed the fees paid by you to the PAC in the 12 months prior to the event giving rise to the claim, except in cases of gross negligence, fraud, willful misconduct, or intentional violation of the law as determined by a final court ruling.
14.1
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE PAC AND LIMITS HOW YOU CAN SEEK RELIEF FROM THE PAC. This Section 14 (the “Arbitration Provision”) applies to any dispute, claim, or controversy between you and us arising from: (a) these Terms, including their creation, breach, or enforcement; (b) your access to or use of the Site or Services; (c) transactions through the Site or Services; or (d) any other aspect of your relationship with us. This Arbitration Provision applies to all Claims, whether before or after your acceptance of these Terms. You and the PAC agree to resolve any dispute individually, not as part of a class action or representative proceeding. The Federal Arbitration Act (FAA) will govern the interpretation and enforcement of this Arbitration Provision, unless otherwise stated in these Terms.
14.2
Right to Opt Out: You may opt out of this Arbitration Provision by sending a written notice to support@thepac.io within 30 days of accepting these Terms. The notice must include your full legal name, address, and a clear statement of your intent to opt out. Opting out will not affect (a) the enforceability of any other provisions of these Terms, including governing law or dispute resolution clauses, or (b) any other arbitration agreements you may have with us, now or in the future.
14.3
For any Claim, you agree to first contact us at support@thepac.io and attempt to resolve the issue informally. Any dispute, controversy, or claim related to these Terms, including their validity, breach, or termination, shall be resolved through arbitration under the Cayman Islands Arbitration Law, 2012. The arbitration shall be conducted by a single arbitrator, appointed either by mutual agreement of the parties or by the court if no agreement is reached. The arbitration will take place in the Cayman Islands, in English, and will be governed by Cayman Islands law or another law chosen at the PAC's discretion.
14.4
All disputes, controversies, or claims, regardless of whether they arise from personal, commercial, or other use of the Site, must be brought individually and not as part of any class action, collective action, or representative proceeding. This waiver includes class arbitration, and unless agreed otherwise, the arbitrator cannot consolidate multiple claims. By agreeing to these Terms, both you and the PAC waive the right to a jury trial and agree not to participate in any class, collective, or representative action.
14.5
Equitable Relief. This Arbitration Provision does not prevent us from seeking injunctive or other equitable relief in court to address any actual or threatened infringement of our data security, confidential information, or intellectual property rights. It also does not prevent you from filing claims in small claims court, as long as the claims qualify and are pursued individually, not as part of a class, collective, or representative action.
14.6
Severability. If any part of Section 14 is deemed unenforceable or illegal, (a) that provision will be removed from these Terms; (b) the removal will not affect the rest of Section 14 or the ability to enforce individual arbitration for remaining claims; and (c) if claims must proceed on a class, collective, consolidated, or representative basis, they must be litigated in a competent civil court, with litigation stayed until the resolution of individual claims in arbitration. Additionally, if this Section is found to prevent a claim for public injunctive relief, that specific provision will not apply to the extent such relief can be pursued outside of arbitration, while the rest of Section 14 remains enforceable.
14.7
Each party irrevocably and unconditionally waives any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to these Terms in the courts referred to in this Section 14.2. To the fullest extent permitted by Applicable Law, any claim arising out of or related to these Terms or the Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and the PAC will not have the right to assert the claim.
15.1
Privacy Policy. For details regarding how we collect, use, share, and process your information, please refer to our Privacy Policy.
15.2
Consent to Electronic Communications. By using the Services, you consent to receiving all communications, agreements, notices, receipts, disclosures, and other documents electronically (collectively, "Communications"). We may deliver these Communications to you by posting them on the Site or sending them to your email address associated with your use of the Services. It is your responsibility to maintain copies of these communications, either by printing them or saving them electronically. If you have any questions, complaints, or claims related to the Services, you may reach out to us at support@thepac.io
15.3
Additional Remedies. Any right or remedy provided to the PAC under these Terms is supplementary to, and not a replacement for, any other right or remedy available under these Terms, applicable law, or in equity. the PAC’s failure to exercise or delay in exercising any right, power, or privilege under these Terms does not constitute a waiver of those rights.
15.4
Severability. If any provision of these Terms is found to be invalid or unenforceable, it will not affect the enforceability of the remaining provisions, which will continue to be in full force and effect.
15.5
Force Majeure. The PAC will not be liable for any failure or delay in performance of the Site or Services, or for any losses or damages you may incur, caused by events or circumstances beyond our reasonable control. These include, but are not limited to, natural disasters, extraordinary weather conditions, acts of war, labor disputes, government actions, equipment or software malfunctions, and communication or power failures.
15.6
Assignment. You may not assign or transfer your rights to access or use the Site or Services, or any of your obligations under these Terms, without obtaining our prior written consent. The PAC, however, reserves the right to assign or transfer any or all of its rights and obligations under these Terms, in full or in part, without notice to you or your approval.
15.7
Governing Law. The interpretation, enforcement, and any disputes arising from these Terms, the Site, or the Services will be governed by and construed in accordance with the laws of the British Virgin Islands. You agree that we may pursue legal action related to the enforcement or validity of our intellectual property rights in any court with jurisdiction. For all other disputes not subject to arbitration under these Terms, the courts located in the British Virgin Islands will have exclusive jurisdiction. You hereby waive any objections to the venue of such courts.
15.8
Section Headings. The headings in these Terms are for reference purposes only and should not be used to limit or interpret the meaning of any section.
15.9
Entire Agreement. These Terms represent the complete and exclusive agreement between you and the PAC, superseding all previous and simultaneous agreements or understandings related to the Site and Services.
15.10
Conflict with Other Agreements. In the event of any discrepancy between these Terms and any other agreement you may have with us, these Terms shall take precedence unless the other agreement explicitly states that it overrides these Terms.
15.11
No Third-Party Beneficiaries. You acknowledge and agree that, except as otherwise expressly stated in these Terms, there are no third-party beneficiaries to these Terms, other than the Indemnified Parties.
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