Bifrost Labs Inc, doing business as Scepter (“Scepter,” the “Company,” “we,” “us,” or “our”), is a software development company that builds technologies utilizing decentralized blockchain networks.
Scepter operates a top-level domain website, https://scepterwallet.com, that provides information regarding Scepter and its products and service offerings, as well as sub-domains for Scepter’s product offerings (collectively, the “Site”), which contains text, images, audio, code, and other materials and third-party information.
Scepter also makes available a mobile application (the “App”). The App enables users to create an account (an “Account”) and, from within the Account, to create, access, and control one or more non-custodial wallets (each, a “Wallet”). Through the App, users may, among other things: (i) hold Digital Assets (defined below); (ii) export the Private Key (defined in Section 3.5) of any Wallet within their Account; (iii) link to and interact with third-party applications, including, without limitation, decentralized exchanges, lending or staking services, and defi protocols (each a Third-Party Service, as defined in Section 7); (iv) from the App user interface, swap assets on a peer-to-peer basis pursuant to quotes provided by Third-Party Services (defined in Section 7) (the “Swapper”); (v) view blockchain-based addresses and information that are part of digital asset networks; (vi) broadcast transactions; and (vii) use additional features as may be added from time to time.
“Digital Assets” means only those particular cryptocurrencies, tokens, and other crypto- or blockchain-based digital assets that are supported by the Service from time to time. The Digital Assets and blockchain networks supported by the Service may vary by jurisdiction and may change at our discretion at any time without notice.
In addition to the Site and the App, Scepter may make available certain software including but not limited to application programming interfaces (“APIs”), documentation (“Docs”), and other content, features, or digital services. The Site, App, APIs, Docs, and all such other content, features, and digital services made available by Scepter are herein referred to collectively as the “Service.”
ARBITRATION NOTICE: THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER, WHICH ARE SET FORTH BELOW UNDER SECTION 14.2 (THE “ARBITRATION AGREEMENT”) AND SECTION 14.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”). THESE PROVISIONS REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 14.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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.
These Terms of Use (these “Terms” or this “Agreement”) (i) contain the terms and conditions that govern your access to and use of the Service and (ii) constitute a legally binding agreement between us and you and/or the entity you represent. These Terms apply to all visitors, users, and others who access or use the Service (collectively, “Users,” and, as applicable to you, “you,” “your,” or “user”).
By using or accessing the Service in any manner, or clicking a button or checkbox to accept or agree to these Terms where that option is made available, you (i) accept and agree to these Terms and (ii) consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy, available at https://scepterwallet.com/privacy (the “Privacy Policy”). The Privacy Policy is incorporated herein by this reference in its entirety, and all references herein to the “Terms of Use,” the “Terms,” or this “Agreement” include a reference to the Privacy Policy.
If you do not agree to these Terms, you may not use the Service.
We may modify the Terms at any time at our sole discretion. If we do so, we will notify you either by posting the modified Terms on the Site, by providing you a notice through the App, or through other methods of communication that we deem reasonable. It is important that you review the Terms whenever we modify them, because, if you continue to use the Service after we have modified the Terms, you are agreeing to be legally bound by and to abide by the modified Terms. Unless expressly stated otherwise, any modifications to the Terms shall apply to all claims, actions, and disputes arising at any time, including those that accrued prior to the effective date of such modifications.
You may use the Service only if (i) you are at least 18 years of age, or the age of majority in your jurisdiction of residence (if higher); (ii) you can form a legally binding contract with Scepter; and (iii) you are not barred from using the Service under Applicable Law (defined below).
You represent and warrant that:
We may change all or any part of the Service at any time, with or without prior notice, in our sole and absolute discretion. Without limiting the foregoing, we may: (i) change the Digital Assets or blockchain networks supported by the Service; (ii) stop providing the Service or any feature of the Service, to you or to Users generally; or (iii) create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service with or without notice and without liability, for any reason, including if, in our sole determination, you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you will continue to be bound by these Terms.
Subject to your compliance with these Terms and any documentation we may make available to you, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable right to access and use the Service, solely for your personal use and strictly as permitted by the features of the Service. We reserve all rights not expressly granted herein in and to the Service.
Except to the extent a restriction is prohibited by Applicable Law, you will not do, and will not assist, permit, or enable any third party to do, any of the following:
You agree that a breach of this Section 3.4 shall constitute a material breach of these Terms.
We are not obligated to monitor your access to or use of the Service. However, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with Applicable Law or other legal or contractual requirements. Without limiting the foregoing, we have the right to investigate violations of these Terms or conduct that affects the Service, and we may also consult and cooperate with law enforcement authorities to investigate or prosecute Users who violate Applicable Law. Furthermore, we reserve the right to disclose any relevant data or information provided to or through the Service to law enforcement, regulatory authorities, or other entities when required to comply with applicable sanctions, anti-money laundering (AML) regulations, or similar legal requests. Such disclosures may include details of transactions or User information as mandated by Applicable Law.
To use the App and certain features of the Service, you may be asked to create an Account. From within your Account, you may create, access, and control one or more Wallets. The means by which you authenticate to your Account (and thereby your Wallets), including, without limitation, any credentials, passwords, one-time passcodes, OAuth credentials, third-party sign-in credentials, or other authentication factors used by the Service, are referred to collectively as your “Authentication Credentials.” The cryptographic key material that controls a Wallet, including, without limitation, any private key, seed phrase, recovery phrase, mnemonic, or other related cryptographic material, is referred to as a “Private Key.”
You are solely responsible for safeguarding your Account, your Authentication Credentials, and your Private Keys. You must not disclose your Authentication Credentials or any Private Key to any third party, and you may not use another User's Account without that User's permission. You must provide accurate and complete information when creating your Account and keep that information current. You are responsible for all activities that occur under your Account or are otherwise referable to your Authentication Credentials or Private Keys, whether or not you have knowledge of them, and you are solely responsible for your conduct, and the tasks and activities you undertake, on or utilizing the Service. You agree to notify us immediately of any actual or suspected unauthorized access to or use of your Account, Wallet, Authentication Credentials, or Private Keys.
You acknowledge and agree that Scepter does not store, hold, or have access to your Authentication Credentials, your Private Keys, or any Digital Assets held in your Wallets, and has no ability to access, transfer, freeze, reverse, recover, or otherwise control any of the foregoing. You are solely responsible for the security of your Authentication Credentials and your Private Keys, and for the security of any device, email account, third-party account, or other system used to receive, store, or generate them. If your Authentication Credentials, or any of your Private Keys, are lost, compromised, stolen, or otherwise obtained or used by any third party, you may permanently lose access to your Account, your Wallets, and any Digital Assets held in your Wallets, and a third party may transfer or dispose of those Digital Assets, in each case without any liability to, or recourse against, Scepter.
We reserve the right to suspend or terminate your Account, and your access to and use of the Service, at any time, with or without notice, in our sole and absolute discretion, including, without limitation, if you provide inaccurate, untrue, or incomplete information or if you fail to comply with these Terms, and we will have no liability of any kind to you as a result of any such suspension or termination.
WE WILL NOT BE LIABLE FOR, AND EXPRESSLY DISCLAIM LIABILITY FOR, ANY LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT, WALLET, AUTHENTICATION CREDENTIALS, PRIVATE KEYS, AND/OR ANY CHANGES TO YOUR ACCOUNT.
The Service may permit you to claim a username and to upload an avatar in connection with your Account (collectively, your “Profile”). Your Profile, including your username and avatar, may be publicly visible to other Users of the Service and to third parties, and may be associated with one or more of your blockchain addresses. Usernames claimed through the Service may also be issued and recorded as names within the Ethereum Name Service or other blockchain-based naming protocols (each, a “Third-Party Naming System”), in which case your username may be publicly discoverable through, and resolvable on, the relevant Third-Party Naming System. You acknowledge and agree that any information included in your Profile may become public information, and that information published to a public blockchain network or to a Third-Party Naming System may be permanent and irreversible.
Scepter grants you a limited, non-exclusive, non-transferable, and freely revocable license to use a username you claim through the Service, solely in connection with your use of the Service and subject to these Terms. You do not own any username, and Scepter retains all right, title, and interest in and to the namespace of usernames available through the Service.
You may not (i) claim or use a username that is, or could reasonably be perceived as, misleading, deceptive, defamatory, obscene, harassing, abusive, hateful, or that impersonates any other person or entity; (ii) claim or use a username that infringes, misappropriates, or otherwise violates any trademark, service mark, name, or other intellectual property or proprietary right of any other person or entity; or (iii) sell, rent, lease, transfer, sublicense, or otherwise commercialize any username, or list any username for sale, rent, lease, or transfer.
Scepter may revoke, reclaim, reassign, or modify any username at any time, with or without notice, in its sole and absolute discretion, including in connection with (i) any actual or suspected violation of these Terms; (ii) any actual or suspected phishing, scamming, squatting, impersonation, or other malicious activity; (iii) any claim or suspicion that a username infringes any third party’s intellectual property or other rights; or (iv) any other reason Scepter determines, in its sole discretion, warrants revocation. Scepter will have no liability of any kind to you as a result of any such revocation, reclamation, reassignment, or modification.
The Service may also recognize, resolve, or display names registered through Third-Party Naming Systems by other Users or third parties. Third-Party Naming Systems are Third-Party Services (as defined in Section 7) and are not owned, operated, or controlled by Scepter. You acknowledge and agree that any username or name displayed in the Service, whether issued through the Service or through any Third-Party Naming System, may be repointed, redirected, transferred, released, reclaimed, modified, or otherwise altered to resolve to a different address, or to be associated with a different person or entity, than the one you expect, and that the resolution or display of any such username or name within the Service may be inaccurate, out of date, or different from what is recorded on-chain. You bear sole responsibility for verifying the address to which any username or name resolves, and the current ownership of any username or name, before authorizing any transaction. Scepter is not responsible for any loss of Digital Assets resulting from sending Digital Assets to a username or name that resolves to an address other than the one you intended, or that is no longer associated with the person or entity you intended.
The Service may allow you to upload, submit, post, display, or otherwise make available certain content, including, without limitation, your username, your avatar, and any other image or material associated with your Account or Profile (collectively, “User Content”).
You retain all ownership rights you have in your User Content. By making any User Content available through the Service, you grant Scepter a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, sublicensable, and transferable license to host, store, copy, reproduce, display, distribute, modify, adapt, and create derivative works of your User Content, in any media now known or later developed, solely for the purpose of operating, providing, improving, and promoting the Service.
You represent and warrant that (i) you own, or have all rights and permissions necessary to grant the rights granted under these Terms in, your User Content; and (ii) your User Content, and Scepter’s use of your User Content as permitted by these Terms, does not and will not infringe, misappropriate, or otherwise violate any intellectual property right, right of publicity or privacy, or other right of any person or entity.
Scepter does not endorse, control, or assume any responsibility for any User Content. Scepter may, but is not obligated to, monitor, review, or remove User Content, and Scepter reserves the right to remove, disable access to, or refuse to display any User Content at any time, with or without notice, in its sole and absolute discretion, including, without limitation, any User Content that Scepter believes (in its sole discretion) violates these Terms, infringes any third party's rights, or is otherwise objectionable.
If you believe that any User Content available through the Service, including, without limitation, any username, profile information, or avatar, infringes your copyright, you may send a notice of claimed infringement to Scepter at the contact information set forth in Section 16.9. Your notice should include sufficient information for Scepter to identify the allegedly infringing User Content, contact you, and evaluate your claim. Scepter may, but is not obligated to, remove or disable access to allegedly infringing User Content and may suspend or terminate the Account of any User who repeatedly infringes copyright or other intellectual property rights, in each case where Scepter determines, in its sole discretion, that such action is appropriate and in accordance with Applicable Law.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS, INCLUDING, WITHOUT LIMITATION, SHARING OF INFORMATION, WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM YOUR INTERACTIONS WITH OTHER USERS.
You acknowledge and agree that the Service, including the App and any other software, APIs, Docs, content, features, or functionality made available by Scepter, is novel, beta, experimental, and pre-release software. The Service has not been audited or formally verified and may contain bugs, errors, defects, vulnerabilities, security flaws, design flaws, integration flaws, or other issues, whether known or unknown, including, without limitation, in Scepter’s own first-party code, and may produce unexpected, incorrect, or undesirable results, including, without limitation, the partial or total, permanent or temporary, loss of your Digital Assets, your Account, your Wallets, your Authentication Credentials, or your Private Keys. You expressly acknowledge that the foregoing risks are inherent to the Service, that you have had a full and fair opportunity to evaluate those risks, and that you knowingly and voluntarily assume them.
YOU USE THE SERVICE AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCEPTER, ITS AFFILIATES, AND THEIR RESPECTIVE REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND PERSONNEL DISCLAIM ALL LIABILITY FOR, AND YOU BEAR SOLE RESPONSIBILITY FOR, ANY LOSS, DAMAGE, OR HARM OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE PARTIAL OR TOTAL LOSS OF YOUR DIGITAL ASSETS, AND ANY LOSS RESULTING FROM (I) BUGS, ERRORS, DEFECTS, VULNERABILITIES, OR OTHER FLAWS IN THE SERVICE, INCLUDING, WITHOUT LIMITATION, IN SCEPTER’S OWN FIRST-PARTY SOFTWARE, USER INTERFACE, BACKEND SYSTEMS, OR APIS, OR ANY UNDERLYING BLOCKCHAIN NETWORK; (II) EXPLOITS, ATTACKS, OR OTHER UNAUTHORIZED ACTIVITY DIRECTED AT THE SERVICE, ANY ACCOUNT, ANY AUTHENTICATION CREDENTIAL, ANY WALLET, ANY PRIVATE KEY, ANY THIRD-PARTY SERVICE, OR ANY UNDERLYING BLOCKCHAIN NETWORK; (III) FAILURES, INTERRUPTIONS, OR DEGRADATION OF THE SERVICE OR OF ANY THIRD-PARTY SERVICE; OR (IV) YOUR RELIANCE ON ANY INFORMATION DISPLAYED BY THE SERVICE, INCLUDING, WITHOUT LIMITATION, BALANCES, PRICES, FEES, GAS ESTIMATES, TRANSACTION PREVIEWS, OR ADDRESS DISPLAYS; (V) ANY OTHER CAUSE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
You may be charged fees in connection with your use of certain features of the Service, including, without limitation, fees on token swaps that you execute through the Swapper. Such fees, if any, will be made visible to you at the time you access the relevant feature, and any rates or amounts displayed in the Service may be calculated with applicable fees already applied. Scepter may change the fees applicable to any feature of the Service at any time without notice.
You may also incur charges from third parties for the use of Third-Party Services (defined in Section 7), including, without limitation, fees charged by decentralized exchanges, cross-chain bridges, or other services you access through, or that power features of, the Service. Under no circumstances will Scepter be liable to you for any fees charged by any third party in connection with any Third-Party Service.
Transactions on a public blockchain network may also require the payment of gas, network, validator, sequencer, priority, or other transaction fees (collectively, “Network Fees”). You are solely responsible for ensuring that you have sufficient Digital Assets in your Wallet to cover any Network Fees required to complete a transaction. Scepter is not responsible for, and disclaims all liability for, any failed, dropped, delayed, replaced, or partially executed transaction caused by insufficient Network Fees, incorrect Network Fee settings, congestion of the relevant blockchain network, or any other condition affecting the timing, execution, or cost of transactions on a public blockchain network.
Any fees, rates, prices, balances, or amounts displayed in the Service, including, without limitation, in connection with the Swapper, are estimates only, are based on data that may come from third parties, may be inaccurate or out of date, and may differ from the actual fees, rates, prices, balances, or amounts realized when a transaction is executed or confirmed. You acknowledge and agree that you bear sole responsibility for verifying any such information before authorizing any transaction, and you hereby release Scepter from any losses or other liabilities arising out of or relating to any inaccuracy in any such estimate or other information displayed in the Service.
You are entirely responsible for any tax liability which may arise from purchasing or reselling digital assets, or other activities you engage in while on the Service or which occur as a result of your activities on the Service. It is your responsibility to ensure you have accounted for, reported to the proper governmental authority, and paid all such taxes to the applicable governmental authority. We do not undertake any obligation to report any such taxes, nor collect or disburse them on your behalf. The taxes you owe are solely your responsibility.
By providing us with your email address, you consent to our using that email address to send you Service-related notices, including any notices required by Applicable Law, in lieu of communication by postal mail. We may also use that email address to send you other messages, including marketing and advertising messages (such messages, collectively, “Marketing Emails”). If you do not want to receive Marketing Emails, you may opt out of receiving them or change your preferences by contacting our support team at dennis@scepterwallet.com or by clicking on the “unsubscribe” link within a Marketing Email. Opting out will not prevent you from receiving Service-related notices.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and any and all other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
The Service and all materials therein or transferred thereby, including, without limitation, any software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (collectively, “Scepter Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Scepter and its licensors, providers, distributors, and suppliers (collectively, “Suppliers”). Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you will not access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any Scepter Content. Use of the Scepter Content for any purpose not expressly permitted by these Terms is strictly prohibited.
Scepter may collect, maintain, process, and use, or you may provide to Scepter, diagnostic, technical, usage, and related information, including, without limitation, information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). You agree that all Usage Data is owned solely and exclusively by Scepter, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to Scepter all rights, title, and interest in and to the same. Accordingly, Scepter may use the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (i) to provide and maintain the Service; (ii) to develop and improve the Service; (iii) to monitor your usage of the Service; (iv) for research and analytics and for Scepter’s other business purposes; and/or (v) to share analytics and other derived Usage Data with third parties, solely in deidentified or aggregated form. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service. Scepter may use these and other lawful measures to verify your compliance with the terms of these Terms and to enforce Scepter’s rights, including, without limitation, all Intellectual Property Rights, in and to the Service.
To the extent you provide any suggestions, recommendations, or other feedback relating to the Service or any other Scepter products or services, (collectively, “Feedback”), such Feedback is non-confidential, and you hereby grant, and you represent and warrant that you have all rights necessary to grant, to Scepter a non-exclusive, perpetual, irrevocable, transferable, royalty-free, and worldwide license, with the right to grant and authorize sublicenses, to implement, use, modify, and otherwise exploit, in any way without restriction, the Feedback, without any fees, attribution, or other obligations to you or any third party.
Please refer to our Privacy Policy for information about how we collect, use, share, and otherwise process information about you. Please note that the Service interacts with public blockchains and, as such, information about you may become public (e.g., wallet address, transactions, etc.).
The Service may integrate, link to, or otherwise provide access to content, products, applications, smart contracts, protocols, infrastructure, and services offered or operated by third parties (each, a "Third-Party Service"). Third-Party Services include those that are surfaced to you in the user interface as well as those that operate behind the scenes to power features of the Service, and the term applies whether or not Scepter has a contractual or commercial relationship with the third party. Third-Party Services include, without limitation, decentralized exchanges, defi protocols, lending and staking services, cross-chain bridges, authentication providers, custodial and non-custodial wallet infrastructure providers, account abstraction infrastructure, transaction orchestration infrastructure, software development kits, software-as-a-service vendors, and other backend infrastructure providers. For clarity, Third-Party Services include both services that you directly engage or interact with and services that Scepter engages, integrates, or interacts with in connection with your use of the Service.
If you connect to the Service using a Third-Party Service, you give us permission to access and use your information from that Third-Party Service (including, without limitation, your e-mail address) as permitted by that Third-Party Service, and to store log-in credentials and/or access tokens for that Third-Party Service. You agree to pay all fees associated with your use of the Service, which may include fees payable to us, and also fees charged by Third-Party Services, and you acknowledge that you are solely responsible for covering such fees, including those incurred in connection with any recurring transactions you authorize.
IF YOU ENGAGE, INTERACT WITH, OR OTHERWISE USE A THIRD-PARTY SERVICE (INCLUDING WITHOUT LIMITATION TO CONNECT TO THE SERVICE, OR FOR ANY STAKING OR ANY OTHER TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE), YOU DO SO AT YOUR OWN RISK AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR ENGAGEMENT OR INTERACTION WITH, OR USE OF, THAT THIRD-PARTY SERVICE. IF YOU ENGAGE, INTERACT WITH, OR OTHERWISE USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND YOU AGREE TO, AND YOU MUST COMPLY WITH, THE APPLICABLE THIRD-PARTY SERVICE'S TERMS AND CONDITIONS MADE AVAILABLE VIA, OR AGREED IN CONNECTION WITH, THE APPLICABLE THIRD-PARTY SERVICE.
THIRD-PARTY SERVICES ARE NOT OFFERED OR CONTROLLED BY SCEPTER AND SCEPTER IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT YOU MIGHT INCUR AS A RESULT OF YOUR USE OF ANY THIRD-PARTY SERVICE OR ANY FUNCTIONALITY RELATED THERETO. THE INCLUSION OF THIRD-PARTY SERVICES DOES NOT IMPLY SCEPTER’S ENDORSEMENT OR RECOMMENDATION OF THEM. THE PROVIDER OF THE APPLICABLE THIRD-PARTY SERVICE MAY DISCONTINUE THE THIRD-PARTY SERVICE OR MAY LIMIT OR TERMINATE YOUR ACCESS TO THE THIRD-PARTY SERVICE OR THE USE OF SUCH THIRD-PARTY SERVICE WITH THE SERVICE, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MIGHT SUFFER AS A RESULT (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF FUNDS OR DIGITAL ASSETS). SCEPTER WILL NOT BE ABLE TO RECOVER YOUR ACCOUNT ON THAT THIRD-PARTY SERVICE OR RECOVER OR RE-ISSUE ANY FUNDS OR DIGITAL ASSETS THAT MIGHT BE ASSOCIATED WITH YOUR ACCOUNT ON THAT THIRD-PARTY SERVICE.
SCEPTER WILL NOT BE LIABLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY LOSS OR DAMAGE ARISING FROM ANY ENGAGEMENT, INTERACTION WITH, OR USE OF THIRD-PARTY SERVICES (TO CONNECT TO THE SERVICE OR OTHERWISE) OR YOUR FAILURE TO COMPLY WITH THIS SECTION 7.
To use the App, you must have a mobile device that is compatible with the App. Scepter does not warrant that the App will be compatible with your mobile device; further information on compatibility is to be found in the support documentation in the Apple App Store and the Google Play Store (as applicable). You may use mobile data in connection with the App and may incur additional charges from your wireless provider in connection with the App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the App under your Account on one (1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google permits any shared access and/or use of the iOS App or Android App (as each of those terms is defined below)), respectively, solely in accordance with these Terms. The foregoing license grant is not a sale of the App or of any copy thereof. You may not: (i) modify, disassemble, decompile, or reverse engineer the App, except to the extent that such restriction is expressly prohibited by Applicable Law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the App to any third party, or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; and/or (v) delete the copyright or other proprietary rights notices on the App. You acknowledge that we may, from time to time, issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and you understand and acknowledge that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated into the App is covered by the applicable open source or third-party license, if any, authorizing use of such code. We or our third-party partners or Suppliers retain all right, title, and interest in and to the App (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
This Section 8.2 applies to any App you acquire from the Apple App Store (such “iOS App”). These Terms are solely between you and Scepter, not Apple, Inc. (“Apple”), and Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple's then-current Apple Media Services Terms and Conditions and with the applicable Volume Content Terms. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to Scepter as provider of the iOS App. Apple is not responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and/or (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the iOS App, or your possession and use of the iOS App, infringes that third party's Intellectual Property Rights, Scepter, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as relates to your license of the iOS App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iOS App against you as a third-party beneficiary thereof.
This Section 8.3 applies to any App you acquire from the Google Play Store (such “Android App”): (i) these Terms are between you and Scepter only, and not Google LLC or any affiliate thereof (collectively, “Google”); (ii) your access to and use of the Android App must comply with Google's then-current Google Play Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Android App; (iv) Scepter, and not Google, is solely responsible for the Android App; (v) Google has no obligation or liability to you with respect to the Android App or these Terms; and/or (vi) Google is a third-party beneficiary to these Terms as they relate to the Android App.
You hereby release Scepter from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including, without limitation, any other User) in connection with the Service. In addition, you waive any Applicable Law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.”
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SCEPTER AND ITS SUPPLIERS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, ACCOUNTANTS, OFFICERS, AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH:
SCEPTER RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND AT ITS EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH CLAIMS, IN WHICH CASE, YOU AGREE TO COOPERATE AS REASONABLY REQUESTED BY SCEPTER IN THE DEFENSE OF SUCH CLAIMS.
By accessing or using the Service, you represent and warrant that you understand, and that you are sophisticated enough to understand, the inherent risks associated with cryptographic and public blockchain-based systems, including crypto digital wallets, cryptographic tokens, and other blockchain-based software systems. These risks include, but are not limited to, the following:
BY ACCESSING OR USING THE SERVICE, YOU UNDERSTAND AND AGREE THAT: (I) SCEPTER IS NOT RESPONSIBLE FOR THE OPERATION OF THE UNDERLYING SOFTWARE AND NETWORKS FACILITATING ANY TRANSACTIONS; (II) THERE EXISTS NO GUARANTEE OF FUNCTIONALITY, SECURITY, OR AVAILABILITY OF THE UNDERLYING SOFTWARE OR NETWORKS; (III) THE UNDERLYING PROTOCOLS ARE SUBJECT TO SUDDEN CHANGES IN OPERATING RULES WHICH MAY MATERIALLY AFFECT THE SERVICE; (IV) SCEPTER MAY DECIDE, IN ITS SOLE DISCRETION, NOT TO SUPPORT (OR CEASE SUPPORTING) CERTAIN BLOCKCHAIN NETWORKS OR DIGITAL ASSETS ENTIRELY; AND (V) SCEPTER ASSUMES ABSOLUTELY NO RESPONSIBILITY WHATSOEVER IN RESPECT OF ANY UNDERLYING SOFTWARE PROTOCOLS. SCEPTER SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM HACKS, VULNERABILITIES, OR OTHER SECURITY ISSUES WITHIN THIRD-PARTY SERVICES. USERS ACKNOWLEDGE AND ACCEPT FULL RESPONSIBILITY FOR ANY RISKS ASSOCIATED WITH INTERACTIONS INVOLVING THIRD-PARTY SERVICES.
YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AND DISCHARGE ALL CLAIMS, WHETHER KNOWN OR UNKNOWN TO YOU, AGAINST US, OUR AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES RELATED TO ANY OF THE RISKS SET FORTH IN THESE TERMS.
SCEPTER DOES NOT PROVIDE MONEY TRANSMISSION SERVICES OR ANY FORM OF PAYMENT SERVICES. SCEPTER DOES NOT OWN OR CONTROL OR OTHERWISE HAVE ANY RIGHTS TO ANY FUNDS, DIGITAL ASSETS, OR OTHER STORES OF VALUE, AND SCEPTER HAS NO ROLE IN ANY TRANSFER OF ANY FUNDS, DIGITAL ASSETS, OR OTHER STORES OF VALUE THAT SUBSTITUTES FOR CURRENCY TO ANOTHER LOCATION OR PERSON BY ANY MEANS. THE SERVICE DOES NOT ENABLE YOU TO ENGAGE IN, AND SCEPTER DOES NOT ENGAGE IN OR OFFER ANY SERVICES INVOLVING, THE TRANSFER, TRANSMISSION, OR PAYMENT OF MONEY, CURRENCY, OR ANY OTHER STORES OF VALUE BETWEEN SCEPTER AND YOU OR ANY OTHER USERS. ALL FINANCIAL TRANSACTIONS ARE FACILITATED THROUGH THIRD-PARTY SERVICES (AS DEFINED IN SECTION 7). YOUR PARTICIPATION IN ANY FINANCIAL TRANSACTIONS OR TRANSFERS IS SUBJECT TO THE TERMS AND CONDITIONS OF THOSE THIRD-PARTY SERVICES AS FURTHER DESCRIBED IN SECTION 7, AND SCEPTER DISCLAIMS ANY LIABILITY RELATED TO SUCH TRANSACTIONS.
SCEPTER DOES NOT AND WILL NOT PROVIDE ANY INVESTMENT ADVICE IN CONNECTION WITH ANY TRANSACTIONS, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, SCEPTER OWES NO FIDUCIARY DUTIES OR LIABILITIES TO YOU OR ANY OTHER PARTY (AND TO THE EXTENT ANY SUCH DUTIES OR LIABILITIES MAY EXIST AT LAW OR IN EQUITY, YOU HEREBY IRREVOCABLY DISCLAIM, WAIVE, AND ELIMINATE THOSE DUTIES AND LIABILITIES). ALL INFORMATION AND CONTENT PROVIDED OR MADE AVAILABLE ON OR THROUGH THE SERVICE IS PROVIDED: (I) FOR GENERAL INFORMATION PURPOSES ONLY; AND (II) WITHOUT ANY REGARD WHATSOEVER TO THE PERSONAL CIRCUMSTANCES OF ANY PERSON.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE SCEPTER CONTENT, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCEPTER OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCEPTER AND ITS SUPPLIERS DO NOT WARRANT THAT THE SCEPTER CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR APPLICABLE LAW; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR MOBILE DEVICE(S) OR FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR FROM YOUR USE OF THE SERVICE.
FURTHER, SCEPTER DOES NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICE, AND SCEPTER WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY THIRD-PARTY SERVICE).
UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF AND/OR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCEPTER OR ITS SUPPLIERS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, ACCOUNTANTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE, AND/OR TO THE SCEPTER CONTENT OR ANY OTHER INFORMATION CONTAINED IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL SCEPTER BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR YOUR ACCOUNT OR YOUR WALLET OR YOUR AUTHENTICATION CREDENTIALS OR YOUR PRIVATE KEYS OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCEPTER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY APPLICABLE TAXES YOU MAY OWE AS A RESULT OF YOUR TRANSACTIONS ON THE SERVICE; (V) YOUR USE OF ANY THIRD-PARTY SERVICE, WHETHER ACCESSED THROUGH THE SERVICE OR OTHERWISE; (VI) ANY DELAYS OR ANY ISSUES DUE TO UNTIMELINESS OF ANY TRANSACTIONS INITIATED THROUGH THE SERVICE; (VII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VIII) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (IX) ANY ERRORS OR OMISSIONS IN ANY SCEPTER CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (X) ANY CONTENT THAT IS SUBMITTED VIA YOUR ACCOUNT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL SCEPTER OR ITS SUPPLIERS, EMPLOYEES, CONTRACTORS, ATTORNEYS, ACCOUNTANTS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SCEPTER HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE LIABILITY AROSE OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SCEPTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree that: (i) the Service will be deemed solely based in California; and (ii) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you reside, or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our Intellectual Property Rights or other proprietary rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that California is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable.
READ THIS SECTION 14.2 CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
(a) General. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (ii) access to or use of the Service, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Service; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as a User or consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.
(b) Opting Out of Arbitration Agreement. If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at dennis@scepterwallet.com with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
(c) Dispute-Resolution Process. For any Claim, you will first contact us at dennis@scepterwallet.com and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if applicable) or San Francisco, California, unless you and Scepter agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys' fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
(d) Equitable Relief. Nothing in this Arbitration Agreement will be deemed as: preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, confidential information, or Intellectual Property Rights; or preventing you from asserting claims in a small claims court, provided that your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-collective, and non-representative) basis.
(e) Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties' ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
BY ENTERING INTO THESE TERMS, YOU AND SCEPTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ENTITY'S CLAIMS. YOU AND SCEPTER AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.
The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
You agree that we will not be responsible or liable for any delay in performance or failure to perform if and to the extent our default or delay is caused by events beyond our control, including, without limitation, acts of God, hurricanes, storms, pandemics, war, insurrection, riots, terrorism, crime, labor shortages (including, without limitation, lawful and unlawful strikes), embargoes, postal disruption, internet outage, contagion, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
All provisions of these Terms which by their nature should survive termination or expiration shall so survive, including provisions pertaining to intellectual property, representations and warranties, limitation of liabilities, releases, dispute resolution, indemnity, fees and costs, assumption of risk, and these general provisions.
The headings in these Terms are for reference only and shall not affect the interpretations of these Terms. The terms “for example,” “including” and/or “includes” shall be deemed to mean “for example, but not limited to,” “including, but not limited to,” or “includes, but is not limited to,” as applicable.
Upon request by Scepter, you will use best efforts to diligently assist Scepter in responding to requests or inquiries (including providing us with any and all information) with respect to your Account (including any past or present transactions associated with you or your Account).
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Scepter without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
Scepter may provide notifications, whether such notifications are required by Applicable Law or are for marketing or other business-related purposes, to you via email notice, or written or hard copy notice, or through posting of such notice on the Scepter website, as determined by Scepter, in its sole discretion. Scepter reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Terms. Scepter is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
These Terms contain the entire agreement between you and Scepter and supersede all prior and contemporaneous understandings between you and Scepter regarding the Service. Except as otherwise stated in the Arbitration Agreement, if any right or provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and Scepter’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
Please contact us at dennis@scepterwallet.com with any questions regarding these Terms.
