Barges Technologies, Inc.’s BitWine.com Terms of Service
The BitWine Site and Services
1. The Services allow you to search for and engage third party independent advisors (“Advisor” or “Advisors”) to seek advice directly from or ask questions directly to such Advisors.
2. You understand that any information provided to you by any Advisors is intended for general entertainment or informational purposes only and that any consultation with any Advisor or any information provided by any Advisor is not a substitute for the advice and counsel of a qualified professional.
The BitWine Site and Advisors
1. In order to participate in the Site or the Services as an Advisor, you will be obligated to review and accept the BitWine Advisor Program Agreement.
2. Any and all persons who use the Site and Services are bound by this Agreement and you understand that even if you are an Advisor, this Agreement applies to you as well.
The Relationship between You and Advisors
1. You understand the Services enable you to negotiate with, communicate with, and engage an Advisor directly, as well as pay the Advisor directly, for the services purchased by you from any such Advisor (each such engagement a “Transaction”).
2. You understand that any Transaction is a binding contract between you and an Advisor and that BitWine is not a party to any such contract and is not a party to any Transaction.
3. You understand that Advisors are neither employees nor agents nor representatives of BitWine.
4. You are solely responsible for every Transaction occurring under your account.
5. You understand that BitWine is not responsible for and does not screen Advisors nor verify the identity of any Advisor or user and that BitWine does not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, biography, resume, expertise, claims or background of any Advisor or any opinion, response, advice, prediction, recommendation, information or other service provided by any Advisor.
6. You understand that while BitWine will from time to time use reasonable efforts to update information posted on the Site and Services generally and in connection with the Advisors, under no circumstances will BitWine be liable for any loss or damage caused by your reliance on any information, opinion, advice, or statement available on or through the Site or Services.
7. You understand that it is your duty to confirm or verify any information provided by any Advisors and that you bear the sole risk of relying on any such information.
8. You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Site or to another in the course of using the Site. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
9. You understand that you shall not provide any Advisor with your personal contact, address, or other sensitive information of a similar nature.
10. You understand that you are not to directly provide the Advisor with any payment, credit card, or other payment information.
Fees and Payment
1. You understand any and all fees, expenses, and payments for any Transaction shall be arranged directly between you and the Advisor.
2. You understand that BitWIne does not collect, nor store payment and/or credit card information from you and that all payments are facilitated separately by PayPal, or any third party payment or service facility used by Bitwine.
3. You understand that any and all credit card, bank, or other payment information supplied by you to pay for any Transaction is transmitted directly to PayPal or any third party payment or service facility used by Bitwine, which processes, stores, and otherwise uses such information in order to facilitate payment to an Advisor.
5. You understand that all pricing, rates, and fees for any Transaction are set by the applicable Advisor and that BitWine does not set any such pricing, rates, and fees.
6. You agree to ensure that at all times all credit card and payment information supplied by you is accurate and correct and kept updated with PayPal or any third party payment or service facility used by Bitwine and that you are fully authorized to use such credit card and payment information and PayPal account (or account with any third party payment or service facility used by Bitwine) for purposes of paying for any Transaction.
7. You understand that once you make payment for any and all Transactions, you will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue.
8. You understand that all payments are final and that BitWine offers no refunds.
The Agreement between BitWine and You
You are responsible for reviewing changes to this Agreement
1. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
2. This Agreement applies to all users of the Site and the Services, including Advisors.
3. BitWine may make changes to this Agreement from time to time without specifically notifying you.
4. BitWine will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
5. If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
6. In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by BitWine from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
BitWine may edit or modify anything on the Site or Services without notice
BitWine is committed to delivering a positive user experience and you understand that BitWine reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice and without undertaking any duty to do so.
You are responsible for accepting updated versions of the Site and Services
1. If BitWine provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
2. If you do not accept updated versions of the Site and Services, BitWine shall not bear any responsibility or liability for your decision.
What Laws and Rules You Are Responsible For Following
1. You must be eighteen (18) or older to use the BitWine Site or Services. You understand that the Site and the Services are intended solely for users who are eighteen (18) years of age or older. Any use of or access to the Site or the Services by anyone under eighteen (18) is unauthorized.
2. The Site and the Services are not intended for use by children, especially those under age thirteen (13).
3. You understand that you may not use the Site or the Services where such use is prohibited.You represent and warrant that you are eighteen (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
4. You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
5. You are responsible for all of your activity in connection with the Site and the Services.
6. You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you. You understand that you are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account.
7. You understand that you will be fully responsible for all activities that occur under your account, user name and/or password.
8. You agree not to allow someone who is not you to use your account, username or password at any time.
9. You agree to immediately notify Company of any unauthorized use of your password or your user name.
10. We strongly encourage you to change your password at least once a month and you understand that BitWine will not be liable for any loss that you incur as a result of someone else using your account or your password.
It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
1. You understand BitWine may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time and that BitWine reserves the right (without undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
2. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
3. You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
BitWine may terminate your use of the Site and/or Services without reason or notice to you
While BitWine respects its users, you agree that BitWine may terminate your membership or use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
You agree to comply with BitWine’s conduct policies when using the Site or Services
We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site except as expressly authorized by BitWine;
2. You will not take any action that imposes or may impose (as determined by BitWine in its sole discretion) an unreasonable or disproportionately large load on BitWine’s (or its third party providers’) infrastructure;
3. You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
4. You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
5. You will not bypass any measures BitWine may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
6. You will not run any form of auto-responder or “spam” on the Site and Services;
7. You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
8. You will not harvest or scrape any content or materials from the Site and Services;
9. You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
10. You will not threaten, intimidate or harass another user or any Advisor;
11. You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes;
12. You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
13. You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you (ii) are taken by you or your friends, or (iii) are original content created by you;
14. You will not knowingly transmit false or misleading information through the Site or the Services.
15. You will not use the Site and Services in any manner or transmit any Submission that: infringes (or results in the infringement of) BitWine’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause BitWine to be in violation of any law or regulation, or to infringe any right of any third party.
16. You will not publish falsehoods or misrepresentations that may damage BitWine or any third party.
17. Gambling activities, or the payment or acceptance of payments relating to gambling activities, are expressly prohibited.
18. You will not transmit any Submission and will not use the Site and Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
19. You will not use the Site and Services to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose.
20. You will not otherwise take any action in violation of BitWine’s guidelines and policies.
BitWine is not responsible for what happens outside of the Site and Services, including on websites the Site or Services link to or advertise
1. BitWine or its business partners may present advertisements or promotional materials via the Services.
2. Your dealings with, or participation in promotions of any third-party advertisers via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
3. You agree that BitWine is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
4. You understand the Site and the Services may contain (or you may receive from BitWine, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”).
5. You understand and agree that BitWine is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that BitWine is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
6. You acknowledge and agree that BitWine 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 upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
Who Owns What and How You Can Use It
The copyright to all content the on the Site and Services is owned by the provider of that content, including but not limited to Advisors
1. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of BitWine or may be, to a certain extent, the property of its content suppliers, including but not limited to Advisors, and are protected under applicable copyright law, trademark law and other proprietary rights.
2. You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
3. You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
You may not use trademarks appearing on the Site or Services in an infringing manner
1. You agree that BARGES, BARGES TECHNOLOGIES, INC.,BITWINE, BITWINE.COM and other BitWine graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of BitWine or its affiliates (“Trademark Content”).
2. BitWine trademarks and trade dress may not be used in connection with any product or service that is not BitWine’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BitWine.
3. All other trademarks not owned by BitWine or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BitWine or its affiliates.
Unless you are an Advisor and have registered with BitWine as an Advisor and accepted BitWine’s Advisor Terms and Conditions, You may use the BitWine Site and Services for limited, noncommercial purposes
1. Unless you are an Advisor and have registered with BitWine as an Advisor and accepted BitWine’s Advisor Terms and Conditions, BitWine grants you a limited license to access and make personal use of the Site and the Services.
2. BitWine does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
3. You understand BitWine does not grant you the right to resell or make commercial use (except as provided herein or in the applicable Advisor Terms and Conditions) of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
4. You understand the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
5. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of BitWine and our affiliates without express written consent.
6. You may not use any meta tags or any other “hidden text” utilizing BitWine’s name or trademarks without the express written consent of BitWine. Any unauthorized use terminates the permission or license granted by BitWine.
7. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
8. You are granted a limited, revocable, and nonexclusive right to create a hyperlink, or at the Company’s sole discretion other items such as widgets, buttons, or other web page elements,to the home page of BitWine so long as the link does not portray BitWine, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
9. You may not use any BitWine logo or other proprietary graphic or trademark as part of the link without express written permission.
You have the necessary rights to share content and materials should you choose to
1. You understand that you may be invited to participate in blogs, online forums, promotions, surveys and other such items and that, accordingly, we may provide you with the opportunity, to create, submit, post, transmit or distribute content and materials to us via the Site, such as text, drawings, icons, photos, etc. (collectively, “User Content”).
2. You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to BitWine as set forth herein, with full knowledge that BitWine may exploit it in any manner whatsoever. You make such warranties without BitWine incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
3. You grant to BitWine the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
4. You further agree that BitWine is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or BitWine, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind.
5. You further perpetually and irrevocably grant BitWine the unconditional right to use and exploit your name, persona and likeness included in any User Content.
6. You also grant to BitWine the right to sub-license and authorize others to exercise any of the rights granted to BitWine.
7. You authorize BitWine to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
1. BitWine takes the intellectual property of others seriously.
2. You understand that BitWine at its sole discretion, may terminate the account or access of users who infringe the intellectual property rights of others.
3. If you believe that your work has been copied in a manner that results in copyright infringement, please contact BitWine’s Copyright Agent. Our designated agent for notice of alleged copyright infringement on the Site and Services is:
BitWine – Copyright Department
4 Thatcher Rd
Tenafly, NJ 07670
By Email: firstname.lastname@example.org.
BitWine’s liability is limited
1. BitWine is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by users of the Site and the Services, BitWine, third parties or by any of the equipment or programming associated with or utilized in the Site and the Services.
2. BitWine is not responsible for the conduct, whether online or offline, of any user of the Site or the Services or any Advisor.
3. BitWine assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of user communications or Advisor communications.
4. BitWine is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person’s computer, and/or mobile device.
5. Neither BitWine nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services and between users of the Site or the Services and Advisors, whether online or offline.
Disclaimer—For Entertainment Purposes Only, Not Substitute for Qualified Professional Advice
THE INFORMATION PROVIDED THROUGH THE SITE AND THE SERVICES IS PROVIDED FOR EDUCATIONAL, INFORMATIONAL, AND ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL CONDITION, DISEASE OR AILMENT, AND IS IN NO WAY INTENDED TO BE A SUBSTITUTE NOR REPLACEMENT FOR PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR PROFESSIONAL LEGAL ADVICE. BITWINE IS NOT A MEDICAL PRACTICE AND IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR PSYCHIATRIC TREATMENT. BITWINE IS NOT A FINANCIAL SERVICES FIRM, IS NOT REGISTERED AS A FINANCIAL ADVISOR (NOR ARE ANY OF ITS OFFICERS, PRINCIPALS, OR EMPLOYEES), AND IS NOT ENGAGED IN THE BUSINESS OR PRACTICE OF PROVIDING OR RENDERING FINANCIAL OR INVESTMENT ADVICE.
IT IS STRONGLY RECOMMEND TO ALWAYS SEEK THE ADVICE OF A QUALIFIED AND LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER IN CONNECTION WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, BITWINE AND ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA THE SITE AND THE SERVICES.
YOU RELY ON OR ACT UPON THE ADVICE OF ANY ADVISOR OR OTHER USE OF THE SITE OR SERVICES SOLELY AT YOUR OWN RISK AND BY YOUR OWN ELECTION AND VOLITION. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR ANY ACTIONS OR OMISSIONS UNDERTAKEN BY YOU IN CONNECTION WITH ANY INFORMATION OR ADVICE PROVIDED BY ANY ADVISORS OR OTHER USERS.
General Disclaimer and Limitation of Liability
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL BITWINE OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
BITWINE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify BitWine
You agree to indemnify, defend, and hold harmless BitWine, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Site and Services, (2) any user Content, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
You agree that New Jersey law applies to this Agreement
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of New New Jersey, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New Jersey, in Bergen County, for the resolution of any such dispute.
Your general representation and warranty
2. You represent and warrant that you will use the Site and the Services so not to infringe or misappropriate the intellectual property rights of any third party.
1. You and BitWine agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
2. You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
3. You agree any arbitration shall take place in Bergen County, New Jersey in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
4. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
5. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
6. BitWine may assign its rights under this Agreement without condition.
7. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.