Terms of Use
Date of Last Revision: February 6, 2025.
Welcome to WARS.AI (“Website”), owned and operated by WOW.AI LLC (“WOW”,
“Company” “we,” “us” or “our”). Please review these Terms of Use, which also
incorporate by reference our Privacy Policy, and any and all other applicable operating
rules, policies, schedules and other terms and conditions or documents that may be
published from time to time (collectively, the “Terms” or this “Agreement”).
Our Website, together with any content, functionality, and services offered on or through
our Website, and all of the existing and any updated or new applications, products,
content, features, functionalities, materials, social media pages, shall be collectively
referred to as the “Services.” THE TERMS ARE A LEGALLY BINDING CONTRACT
AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE SITE
OR SERVICES. IF YOU DO NOT AGREE TO THE TERMS IN THEIR ENTIRETY, DO
NOT USE THE SITE OR ANY OF THE SERVICES IN ANY MANNER.
You agree to the Terms in their entirety when you: (a) access or use the Website; (b)
access and/or view any of the: (i) links to third-party resources and other information
(“Third-Party Links”) through the Website; and/or (ii) videos, audio, stories, testimonials,
text, photographs, graphics, artwork, information and/or other content that may be
featured on the Website (the “Website Content," and together with the Third-Party Links,
the “Content"); (d) purchase any of the fungible cryptographic assets known as
“$WARS” featured on the Website (the “WARS Meme Coin”); and/or (e) utilize the
various registration forms, contact forms and/or contact information made available on
the Website or the Services. For purposes of the Terms, “Customer”, “User”, “you”, and
“your” means you as the user of the Services. If you use the Services on behalf of a
company or other entity then “Customer”, “User”, “you”, and “your” includes you and that
entity, and you represent and warrant that (a) you are an authorized representative of
the entity with the authority to bind the entity to the Terms, and (b) you agree to the
Terms on the entity's behalf.
We reserve the right to change or modify any of the Terms or any supplemental terms,
policy, guidelines of the Services at any time and in our sole discretion and without
notice to you. We will alert you about any changes by updating the “Date of Last
Revision” date at the beginning of these Terms, all changes or modification to the Terms
will be effective immediately upon posting of the revisions on the Website, and you
waive any right you may have to receive specific notice of such changes or
modifications. Your continued use and/or access to the Services and/or Website
following the posting of changes or modifications will confirm your acceptance of such
changes or modifications. PLEASE REGULARLY CHECK THE SITE TO
UNDERSTAND THE TERMS THAT APPLY TO YOUR USE OF THE SERVICES. If you
do not agree to the amended terms, you must stop using the Services.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF
LIABILITY, RELEASES, CLASS-ACTION WAIVER, AND THE REQUIREMENT TO
ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST THE
COMPANY, ITS AFFILIATES, OR THE COMPANY’S OR ITS AFFILIATES’
MANAGERS, DIRECTORS, OFFICERS, MEMBERS, AGENTS, EMPLOYEES,
SERVICE PROVIDERS, PARTNERS, ADVISORS, AND VENDORS (COLLECTIVELY,
“COVERED PARTIES”), WHO ARE THE EXPRESS THIRD-PARTY BENEFICIARIES
OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED
PROVISIONS ARE AN ESSENTIAL BASIS OF THIS AGREEMENT.
THE WARS MEME COINS ARE INTENDED TO FUNCTION AS AN EXPRESSION OF
SUPPORT FOR, AND ENGAGEMENT WITH, THE IDEALS AND BELIEFS EMBODIED
BY THE SYMBOL “$WARS” AND THE ASSOCIATED ARTWORK (THE “ARTWORK”)
AND ARE NOT INTENDED TO BE, OR TO BE THE SUBJECT OF, AN INVESTMENT
OPPORTUNITY, INVESTMENT CONTRACT, OR SECURITY OF ANY TYPE. NO
FEDERAL OR STATE AGENCY OR ANY OTHER GOVERNMENTAL AUTHORITY
HAS PASSED ON OR MADE ANY RECOMMENDATION OR ENDORSEMENT OF
THE WARS MEME COINS OR THE FAIRNESS OR SUITABILITY OF THE
PURCHASE OF THE WARS MEME COINS, NOR HAS ANY GOVERNMENTAL
AUTHORITY PASSED UPON OR ENDORSED THE MERITS OF THE SERVICES.
DO NOT BUY THE WARS MEME COINS IF YOU ARE HOPING TO MAKE A PROFIT.
WOW.AI HAS NO PLANS TO UNDERTAKE OR ENGAGE IN ANY EFFORTS OR
ACTIONS THAT WILL: (1) MAINTAIN, INCREASE OR CREATE VALUE FOR/OF THE
WARS MEME COINS; (2) ENSURE THAT THE WARS MEME TOKEN CAN BE SOLD
OR TRADED; (3) CREATE USE FOR THE WARS MEMECOIN, OTHER THAN
EXPRESSION; (4) CREATE A MARKET FOR THE WARS MEME COIN; (5) CREATE
A DEMAND FOR THE WARS MEME COIN; OR (5) GET THE WARS MEME COIN
LISTED ON ANY CENTRALIZED OR DECENTRALIZED EXCHANGE.
THE WARS MEME COINS ARE NOT INTENDED TO BE DISTRIBUTED TO ANY
PERSON OR ENTITY IN ANY JURISDICTION WHERE SUCH TRANSACTIONS ARE
RESTRICTED OR PROHIBITED UNDER APPLICABLE LAWS. IT IS YOUR
RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE LAWS OF YOUR
JURISDICTION IN CONNECTION WITH YOUR PURCHASE, TRADE OR SALE OF
THE WARS MEME COINS. THE WARS MEME COINS HAVE NOT BEEN
REGISTERED UNDER ANY LAWS OF ANY JURISDICTION.
1. Requirements.
1.1. General. The Services are available only to individuals who can enter into legally
binding contracts under applicable law. The Services are not intended for use by
individuals under eighteen (18) years of age (or the applicable age of majority, if
greater than eighteen (18) years of age in their respective jurisdictions). If you
are under eighteen (18) years of age (or the applicable age of majority, if greater
than eighteen (18) years of age in your jurisdiction) and/or if you are unable to
enter into legally binding contracts and/or you are a Prohibited Party (defined
below) you do not have permission to use and/or access the Services, and we
may terminate your access to the Services at any time and for any reason in our
sole discretion. In the case where you are an entity, you can only access the
Services if you are duly incorporated, validly existing and in good standing under
the laws of the jurisdiction of your incorporation.
1.2. Prohibited Users. The Services are not available to (i) individuals or entities
(including those owned or controlled by individuals) that are 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
(including but not limited to the United Nations Security Council, the European
Union, His Majesty’s Treasury of the United Kingdom of Great Britain and
Northern Ireland (the “UK Treasury”), and the U.S. Department of Treasury); (ii)
individuals or entities placed on the “Denied Persons List” by the Bureau of
Industry and Security of the United States Department of Commerce; or (iii)
residents and citizens or entities located in or incorporated under the laws of any
country, territory or other jurisdiction subject to a U.S. Government embargo, or
that have been designated by the U.S. Government as a terrorist-supporting
country, or is otherwise the subject of comprehensive country-wide,
territory-wide, or regional economic sanctions by the United Nations, the
European Union, the UK Treasury, or the United States, including without
limitation Cuba, the Crimea, Donetsk, and Luhansk regions of Ukraine, Iran,
North Korea, Russia, Syria, or Yemen (collectively, “Prohibited Users”).
1.3. Registration. You may be required to register or create an account (“Account”).
We reserve the right, in our sole discretion, to deny access to the Services to
anyone at any time and for any reason whatsoever.
1.4. Wallet, Cryptocurrency and Technology Requirements. You shall be responsible,
at all times, for obtaining and maintaining, at your sole cost and expense: (a) all
input/output devices or equipment (such as a computer/mobile device,
up-to-date Internet browser version, modems, terminal equipment, computer
equipment and software) and communications services necessary to access
certain Services and for ensuring that such equipment and services are
compatible with all relevant requirements; (b) a functioning crypto asset wallet
suitable for use with the selected-blockchain-based assets (a “Wallet”); and (c)
any cryptocurrencies necessary to purchase and/or sell the WARS Meme Coins.
We do not guarantee the quality, speed or availability of the Internet connection
associated with any mobile device and/or computer. We do not guarantee that
the Services can be accessed: (i) on all mobile devices; (ii) through all wireless
service plans; (iii) in connection with all Internet browsers; and/or (iv) in all
geographical areas. Standard messaging, data, Internet usage and blockchain
transaction fees may apply to use of the Services. You are fully responsible for
all such charges, and we have no liability or responsibility to you, whatsoever, for
any such charges.
1.5. You assume all risks associated with using an Internet-based blockchain
networks including, but not limited to, the risk of hardware, software and Internet
connections, the risk of malicious software introduction, and the risk that third
parties may obtain unauthorized access to information stored on the blockchain
and/or within your Wallet. Cryptographic assets, cryptocurrencies and
blockchain technology are relatively new and the regulatory landscape is
unsettled.
2. WARS Meme Coin.
2.1. The WARS Meme Coins are intended to function as an expression of
“$WARS” and of your opinion. They are not intended to be, or to be the
subject of, an investment opportunity, investment contract, or security of
any type. By using the Website and the Services, you acknowledge and agree
that the WARS Meme Coins should be traded solely as cryptographic assets
intended to function as set forth above, and that you are acquiring the WARS
Meme Coins as a means of expressing your opinion, not as an investment
opportunity, investment contract, or security of any type. Please be aware
that the price of WARS Meme Coins may be extremely volatile and you may
experience substantial losses in connection with a sale or other disposition of
WARS Meme Coins. We make absolutely no promise or guarantee that the
WARS Meme Coins will increase in value,maintain the same value as the
amount you paid to purchase them, or even be able to be sold. No
information and/or Content made available by and through the Services is or
should be considered advice or recommendation or an invitation to enter into an
agreement for any investment purpose. Further, no element of the Services
qualifies or is intended to be an offering of securities in any jurisdiction, nor does
it constitute an offer or an invitation to purchase shares, securities or other
financial products. IT REMAINS YOUR SOLE AND EXCLUSIVE
RESPONSIBILITY TO ASSURE THAT THE PURCHASE AND SALE OF THE
WARS MEME COINS AND THE USE OF CRYPTOCURRENCIES COMPLIES
WITH LAWS AND REGULATIONS IN YOUR JURISDICTION AND ALL
APPLICABLE JURISDICTIONS.
2.2. ALL TRANSACTIONS OF WARS MEME COINS ARE FINAL AND
NON-REFUNDABLE. We shall have no responsibility or liability for any WARS
Meme Coins that are lost, misplaced, or inaccessible.
2.3. You are solely responsible for reporting and paying any taxes applicable to your
use of the Services or the purchase, trade or sale of the WARS Meme Coins.
2.4. With respect to items, if any, that may be acquired, offered, or purchased by and
through the Website, including without limitation the WARS Meme Coins, we do
not warrant that the item descriptions are accurate, complete, reliable, or error
free. We make every effort to display the Artwork associated with WARS Meme
Coins as accurately as possible on the Website. However, there may be
differences between the Artwork as depicted on the Website and other
depictions. For example, the actual colors you see may depend on the
monitor/screen and other factors associated with your computer, mobile device
or other device, as applicable, which you use to view the Artwork.
3. Content
3.1. Subject to the Terms, users that possess the requisite technology shall have the
opportunity to view, download and/or interact with all or some of the Content
made available by and through the Website and/or other Services. We do not
control Content provided by third-party providers that is made available by and
through the Website and/or other Services. Please be advised that we do not
verify, or fact-check statements made by third-party providers, and that the
third-party providers themselves are solely responsible for the accuracy,
completeness, appropriateness, safety and/or usefulness of such Content. We
do not represent or warrant that the Content and other information posted by
and/or through the Website and/or other Services is accurate, complete,
up-to-date or appropriate. You agree that we shall have no obligation and incur
no liability to you in connection with any Content.
3.2. The publication of any Content provided by third-party providers (including user
content, if permitted) by and through the Website and/or other Services does not
constitute any type of endorsement of the subject third-party provider or
third-party digital asset trading platform.
3.3. You acknowledge that there are various rules, regulations and laws that address
crypto assets and blockchain technology (collectively, “Emerging Technology
Laws”), and that Emerging Technology Laws may be adopted by each individual
U.S. state, or jurisdiction and jurisdictions outside the United States. In addition
to the Emerging Technology Laws, you are also subject to all municipal, state
and federal laws, rules and regulations of the city, state and jurisdiction in which
you reside and from which you access the Website and its Services (together
with Emerging Technology Laws, “Applicable Laws”). You agree to comply, and
are solely responsible for your compliance with, all Applicable Laws. You
acknowledge and agree that your purchase and/or sale of WARS Meme Coins
and use of cryptocurrency in connection therewith is at your own risk, and we
cannot be held responsible or liable if any Applicable Law restricts or prohibits
your access to, or ability to purchase and/or sell WARS Meme Coins as more
fully explained and agreed above.
3.4. You warrant and represent that neither you nor any of your agents or other
representatives has performed or will perform any of the following acts in
connection with use of the Services, or any other transactions involving the
business interests related to such use: offer or promise to pay, or authorize the
payment of, any merchandise, or give or promise to give, or authorize the giving
of, any services or anything else of value, either directly or through a third party,
to any official or employee of a public international organization or any private
entity, or of any agencies or subdivisions thereof, or of any public international
organizations or governmental instrumentalities, or to any political party or
official thereof or to any candidate for political office for the purpose of (i)
influencing any act or decision of that person in his or her official capacity,
including a decision to fail to perform his official functions with such government,
instrumentalities, or private entity, (ii) inducing such person to use his influence
with such government, instrumentalities, or private entity to affect or influence
any act or decision thereof or (iii) securing any improper advantage.
3.5. License Grant. As a user of the Website, you are granted a non-exclusive,
non-transferable, non-sublicensable, revocable and limited license to access
and use the Services and all other material, products and/or services posted or
made available by and through same (collectively, the “Material”) in accordance
with the Terms. We may terminate this license at any time for any reason.
Unless otherwise expressly authorized by us in writing, you may only use the
Material for your own personal, non-commercial use. No part of the Material may
be reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical. You may not use, copy, emulate, clone, rent, lease,
sell, modify, decompile, disassemble, reverse engineer or transfer the Material
and/or any portion thereof. You may not create any “derivative works” by altering
any aspect of the Material. You may not use Material in conjunction with any
other third-party content. You may not exploit any aspect of the Material for any
commercial purposes not expressly permitted by us in writing (including the
bundled sale of any Material). Systematic retrieval of the Material by automated
means or any other form of scraping or data extraction in order to create or
compile, directly or indirectly, a collection, compilation, database or directory
without written permission from us is strictly prohibited. You further agree to
indemnify and hold us harmless for your failure to comply with this section. We
reserve all rights not explicitly granted in the Terms.
3.6. All Material is owned or licensed by or to us and is protected under applicable
copyrights, trademarks and other proprietary (including, but not limited to,
intellectual property) rights. Except as expressly provided in the Terms, no part
of the Material may be reproduced, recorded, retransmitted, sold, rented,
broadcast, distributed, published, uploaded, posted, publicly displayed, altered
to make new works, performed, digitized, compiled, translated or transmitted in
any way to any other computer, Website, or other medium or for any commercial
purpose, without our prior express written consent. Except as expressly provided
herein, you are not granted any rights or license to patents, copyrights, trade
secrets, rights of publicity or trademarks with respect to any of the Material. The
posting of information or material on the Website does not constitute a waiver of
any right in or to such information and/or materials, and we reserve all rights not
expressly granted hereunder.
4. Third party Websites.
4.1. The Services may provide links to other websites and/or resources, including
social media websites and digital asset trading platforms. We have no control
over such third-party websites and/or resources. Furthermore, we do not
endorse and are not responsible or liable for (i) any terms and conditions,
privacy policies, content, advertising, services, products, and/or other materials
available at or from such third-party websites or resources; or (ii) any damages
and/or losses arising from or associated with your use of such third-party
websites, platforms, or resources, including but not limited to trading activities on
digital asset trading platforms.
5. Idemnification, Disclaimer of Warranties and Limitation of Liability.
5.1. Indemnification. To the fullest extent permissible by applicable law, you agree to
indemnify and hold the Covered Parties harmless from and against any and all
claims, expenses (including reasonable attorneys’ fees), damages, suits, costs,
demands and/or judgments whatsoever, made by any third party due to or
arising out of: (a) your use of the Services; (b) your breach of the Terms and/or
violation of Applicable Law; (c) any dispute between you and any other users
and/or other third parties; (d) any claim that we owe any taxes, fees, penalties or
fines in connection with your use of the Services or in connection with your
purchase or sale of the WARS Meme Coins; and/or (e) your violation of any
rights of another individual and/or entity. The provisions of this Section
“Indemnification” are for the benefit of us and the other Covered Parties. To the
fullest extent permissible by applicable law, each Covered Party shall have the
right to assert and enforce these provisions directly against you on its own
behalf.
5.2. Disclaimer of Warranties. THE SERVICES, INCLUDING THE WARS MEME
COINS, MATERIAL, AND/OR SERVICES OFFERED IN CONNECTION WITH
SAME, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS
AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING
THEIR FUNCTIONALITY, RELIABILITY, OR AVAILABILITY ARE DISCLAIMED
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR
PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER
MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM
OR MACROS, THIS AGREEMENT OR ANY INFORMATION AND MATERIALS
PROVIDED TO YOU). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE MAKE NO WARRANTY THAT THE SERVICES, INCLUDING
THE WARS MEME COINS, MATERIAL, AND/OR ANY OTHER SERVICES
OFFERED IN CONNECTION WITH SAME, AS WELL AS ANY BLOCKCHAIN
TECHNOLOGY: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE
UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS
WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS
EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH
YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (E) WILL
RESULT IN ANY SPECIFIC INVESTMENT INCOME, REVENUE, OR OTHER
FINANCIAL OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE.
THE SERVICES, MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR
SERVICES OFFERED IN CONNECTION WITH SAME MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE
FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION
ASSOCIATED WITH THE WEBSITE OR ANY OF THE UNDERLYING
BLOCKCHAIN NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM ANY SOURCE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. YOU
ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY
REPRESENTATIONS OR WARRANTIES MADE BY US ON OR BY ANY
PERSON ON BEHALF OF US.
5.3. Please be aware that the price of the WARS Meme Coins may be extremely
volatile, and price fluctuations in cryptocurrencies could impact the price of the
WARS Meme Coins both positively and negatively. WARS Meme Coins should
not under any circumstances be considered an investment opportunity,
investment contract, or security of any type, as more fully explained and agreed
above. You assume all risks in connection therewith. This Website and its
contents are for informational purposes only. No information and/or Content
made available by and through the Services constitutes or should be considered
financial, investment, legal or other professional advice or recommendation. The
WARS Meme Coins are not designed or intended as an investment opportunity,
investment contract, or security of any type and should not be considered a
financial investment. Further, no element of the Services qualifies or is intended
to be a solicitation or an offering to buy or sell securities, financial products, or
services, in any jurisdiction, nor does it constitute an offer or an invitation to
purchase shares, securities or other financial products or services. IT REMAINS
YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO ASSURE THAT THE
PURCHASE AND SALE OF WARS MEME COINS, AND THE USE OF
CRYPTOCURRENCIES, COMPLIES WITH LAWS AND REGULATIONS IN
YOUR JURISDICTION.
5.4. You assume all risks associated with using an Internet-based blockchain
technology and cryptographic asset including, but not limited to, the risk of
hardware, software and Internet connections, the risk of malicious software
introduction, and the risk that third parties may obtain unauthorized access to
information stored within your Wallet, as more fully explained and agreed above.
Cryptographic assets, cryptocurrencies and blockchain technology are relatively
new and the regulatory landscape is unsettled, as more fully explained and
agreed above. New regulations could negatively impact such technologies
impacting the value for your WARS Meme Coins. You understand and accept all
risk in that regard, as more fully explained and agreed above. Without limiting
the foregoing, you assume all responsibility for any adverse effects of
disruptions or other issues impacting the blockchain chosen by the Company to
mint the WARS Meme Coins, as more fully explained and agreed above. We do
not guarantee the functionality, reliability, transferability, or future availability of
WARS Meme Coins in the event of disruptions, regulatory changes, or other
unforeseen circumstances.
5.5. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE,
ENHANCED AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, STATUTORY DAMAGES,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE
FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE
INABILITY TO USE THE SERVICES, WARS MEME COINS, MATERIAL,
AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION,
CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED
FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS
TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY MATTER
RELATED TO THE BLOCKCHAIN NETWORK, CRYPTOCURRENCIES
AND/OR ANY BLOCKCHAIN-BASED WALLET; (E) THE FAILURE TO REALIZE
ANY REVENUE OR OTHER FINANCIAL OUTCOME; AND/OR (F) ANY
OTHER MATTER RELATING TO THE SERVICES, WARS MEME COINS,
MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION
WITH SAME. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE
INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, VIOLATIONS OF LAW AND
CIVIL REMEDIES BASED THEREON, DECEPTIVE AND UNFAIR TRADE
PRACTICES, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE
US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN
EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW
DOES NOT PERMIT SUCH LIMITATION, OUR MAXIMUM LIABILITY TO YOU
UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE HUNDRED U.S.
DOLLARS (US$100.00). THE NEGATION OF DAMAGES SET FORTH ABOVE
IS A FUNDAMENTAL ELEMENT OF THE BASIS OF OUR BARGAIN AND
THE BASIS FOR WHICH WE ARE PERMITTING YOUR ACCESS TO THE
SERVICES, WARS MEME COINS, MATERIAL, AND/OR ANY OTHER
SERVICES OFFERED IN CONNECTION WITH SAME WOULD NOT BE
PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS
DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND, IN SUCH
JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
5.5.1. FOR CALIFORNIA RESIDENTS: EACH USER UNDERSTANDS AND
AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL
CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE
UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER
AGAINST THE COVERED PARTIES. SECTION 1542 READS AS
FOLLOWS:
5.5.1.1.
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL
RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR
HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
5.6. We are not responsible for the availability, functionality, security, or performance
of any digital asset trading platforms on which the WARS Meme Coins may be
traded. Trading or transferring WARS Meme Coins on such platforms is entirely
at your own risk and is subject to the terms and conditions, privacy policies, and
fee structures of the respective platforms.
5.7. WE DISCLAIM ANY LIABILITY FOR ANY PRICE FLUCTUATIONS, MARKET
CONDITIONS, OR TRADING VOLUME OF WARS MEME COINS ON
THIRD-PARTY TRADING PLATFORMS; LOSS OF FUNDS OR CRYPTO
ASSETS DUE TO TECHNICAL ERRORS, HACKING INCIDENTS, OR OTHER
SECURITY BREACHES ON THIRD-PARTY PLATFORMS; ANY DECISIONS
OR ACTIONS TAKEN BY THIRD-PARTY TRADING PLATFORMS, INCLUDING
LISTING OR DELISTING WARS MEME COINS, OR IMPOSING TRADING
RESTRICTIONS. By using these third-party platforms, you agree to
independently review and accept their terms, and you understand that we are
not involved in or liable for their operations.
6. Privacy Policy. Please refer to our Privacy Policy, information on how we collect, use,
and disclose personally identifiable information and all comments, information,
registration and account data, and/or materials that you submit through or in
association with the Services.
7. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY – IT MAY
SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO
FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT
CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A
CLASS ACTION WAIVER.
7.1. If you have any concern or dispute against the Covered Parties that we are
unable to resolve (“Claim”), you agree to first try to resolve the dispute informally
and in good faith by contacting us and providing a written “Notice of Claim” to
the email address provided in these Terms for Company notices. The Notice of
Claim must provide us with fair notice of your identity, a description of the nature
and basis of your Claim, and the relief you are seeking, including the specific
amount of any monetary relief you are seeking, and cannot be combined with a
Notice of Claim for other Users. If any dispute related to your Claim is not
resolved within 30 days of receipt, any resulting legal actions must be resolved
through either small claims court or final and binding arbitration, including any
dispute about whether arbitration is required for the dispute, subject to the
exceptions set forth below. Neither party shall initiate legal action until 30 days
after the Notice of Claim is received. This agreement to arbitrate shall apply,
without limitation, to all claims that arose or were asserted before the effective
date of the Terms. The arbitrator, and not any federal, state, or local court or
agency, shall have the exclusive authority to resolve any dispute relating to the
interpretation, applicability or enforceability of the Terms or formation of the
Terms, including whether any dispute between us is subject to arbitration (i.e.,
the arbitrator will decide the arbitrability of any dispute) and whether all or any
part of these Terms are void or voidable. Claims related to the Terms, Services,
or WARS Meme Coins are permanently barred if not brought within one year of
the event resulting in the Claim.
7.2. No Class Actions. You may only resolve disputes with us on an individual basis,
and you may not bring a claim as a plaintiff or a class member in a class,
consolidated, or representative action. Nonetheless, if any portion of this class
action waiver is deemed unenforceable or invalid as to a particular remedy, then
that remedy (and only that remedy) must be severed from the arbitration and
may be sought in court. The parties agree, however, that any adjudication of
remedies not subject to arbitration shall be stayed pending the outcome of any
arbitrable claims and remedies.
7.3. FOR PURPOSES OF ANY COURT PROCEEDINGS, YOU AGREE THAT ANY
SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE, AND NOT A JURY,
AND YOU HEREBY WAIVE ANY RIGHT TO A TRIAL BEFORE A JURY. THE
UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF
GOODS IS EXPRESSLY EXCLUDED AND SHALL NOT APPLY TO THIS
AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.
7.4. You and the Covered Parties agree that any Claim will be settled by final and
binding arbitration, using the English language, administered by JAMS under its
Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in
effect (those rules are deemed to be incorporated by reference into this section,
and as of the date of these Terms). Because your contract with the Company,
these Terms, and this Arbitration Agreement concern interstate commerce, the
Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However,
the arbitrator will apply applicable substantive law consistent with the FAA and
the applicable statute of limitations or condition precedent to suit. Arbitration will
be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment
on the arbitration award may be entered in any court that has jurisdiction. Any
arbitration under these Terms will take place on an individual basis – class
arbitrations and Class Actions (as defined below) are not permitted. You
understand that by agreeing to these Terms, you and the Company/Covered
Parties are each waiving the right to trial by jury or to participate in a Class
Action or class arbitration.
7.5. Exceptions. Notwithstanding the foregoing, you and the Company/Covered
Parties agree that the following types of disputes will be resolved in a court of
proper jurisdiction:
7.5.1. Claims within the jurisdiction of a small claims court consistent with the
jurisdictional and dollar limits that may apply, as long as it is brought and
maintained as an individual dispute and not as a class, representative, or
consolidated action or proceeding;
7.5.2. If either party files a Claim in arbitration that could have been brought in
small claims court, the other party may provide notice that it wants the case
decided in small claims court before the appointment of an arbitrator, and
the arbitrator shall administratively close the case before assessing any
fees, and the party bringing the Claim must proceed in small claims court in
lieu of arbitration. Any dispute about whether a Claim qualifies for small
claims court shall be resolved by that court, not by an arbitrator. In the event
of any such dispute, the arbitration proceeding shall remain closed unless
and until a decision by the small claims court that the Claim should proceed
in arbitration.
7.5.2.1.
Claims where the sole form of relief sought is injunctive relief
(including public injunctive relief); or
7.5.2.2.
intellectual property Claims.
7.6. Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and
expenses will be governed by the JAMS Rules. Fees and costs may be awarded
as provided pursuant to applicable law. If the arbitrator finds that either the
substance of your Claim or the relief sought in the demand is frivolous or
brought for an improper purpose (as measured by the standards set forth in
Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be
governed by the JAMS Rules. In that case, you agree to reimburse the
Company/Covered Parties for all monies previously disbursed by it that are
otherwise your obligation to pay under the applicable rules. If you prevail in the
arbitration and are awarded an amount that is less than the last written
settlement amount offered by the Company/Covered Parties before the arbitrator
was appointed, the Company/Covered Parties will pay you the amount it offered
in settlement. The arbitrator may make rulings and resolve disputes as to the
payment and reimbursement of fees or expenses at any time during the
proceeding and upon request from either party made within fourteen (14) days of
the arbitrator’s ruling on the merits.
7.7. Opt-Out. You have the right to opt-out and not be bound by the arbitration
provisions set forth in these Terms by sending written notice of your decision to
opt-out to the email set forth in these Terms for Company notices. The notice
must be sent to the Company within thirty (30) days of your first registering to
use the Services or agreeing to these Terms, whichever is earlier; otherwise, you
shall be bound to arbitrate disputes on a non-class basis in accordance with
these Terms. If you opt-out of only the arbitration provisions, and not also the
Class Action waiver, the Class Action waiver still applies. You may not opt-out of
only the Class Action waiver and not also the arbitration provisions. If you
opt-out of these arbitration provisions, the Company also will not be bound by
them.
a. WAIVER OF RIGHT TO BRING CLASS ACTION AND
REPRESENTATIVE CLAIMS. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT
ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM OR
CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE
RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF
ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED,
MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR
PROCEEDING (“CLASS ACTION”). YOU AND THE COMPANY AGREE
TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS
MEMBER IN ANY CLASS ACTION. YOU AND THE COMPANY
EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN
ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE
ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR
AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN
AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE
ARBITRATION. FURTHER, YOU AND THE COMPANY AGREE THAT
THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR
MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE
AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEE PUBLIC
INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND
CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE. IF THIS
CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND
UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE
OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE
NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG
AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS
ACTION. IF A COURT DECIDES THAT THE LIMITATIONS OF THIS
PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY
PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR
CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE BROUGHT
IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.
8. California users. California User Consumer Rights. In accordance with Cal. Civ.
Code Sec. 1789.3, California State resident users may file grievances and
complaints with the California Department of Consumer Affairs, 400 R Street, Ste.
1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by
email to dca@dca.ca.gov.
9. Notices
9.1. Notices to Us. You may send notices to us at the following email address:
support@wars.ai.
9.2. Notices to you. We may notify you by your email or postal mail you provided
during registration or account creation, or by other legally accepted means. It is
your responsibility to keep your account information current to receive
notifications or to provide accurate and correct information when registering for
the Services.
10. Miscellaneous.
10.1. Headings. Headings used in the Terms are provided for convenience only and
will not be used to construe meaning or intent.
10.2. Force Majeure. Neither party will be liable to the other for any delay or failure
to perform any obligation (other than your payment obligations to us) under the
Terms if the delay or failure is due to unforeseen events, which occur after the
effectiveness of the Terms and which are beyond the reasonable control of the
parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal
of license by the government or other governmental agencies, in so far as such
an event prevents or delays the affected party from fulfilling its obligations and
such party is not able to prevent or remove the force majeure at reasonable
cost.
10.3. If any provision of these Terms shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining provisions.
These Terms and the licenses granted hereunder may be assigned by us but
may not be assigned by you without our prior express written consent.
10.4. No waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default.
10.5. The Services and Software are operated by us in the United States. Those
who choose to access the Services or Software from locations outside the
United States do so at their own initiative and are responsible for compliance
with applicable local laws.
10.6. These Terms are governed by the laws of the Commonwealth of Puerto Rico,
without regard to conflict of laws rules, and the proper venue for any disputes
arising out of or relating to any of the same will be the arbitration venue set forth
in these Terms, or if arbitration does not apply, then the state and federal courts
located in San Juan, Puerto Rico. You and the Company agree that the United
Nations Convention on Contracts for the International Sale of Goods will not
apply to the interpretation or construction of these Terms.