Terms Of Use
Effective Date: July 20, 2023
Aster Foundation and its affiliates and subsidiaries (collectively, "Foundation", "we", "us", "our"), operates this website and any other related website, app, or services that link to these Terms of Use ("Terms"). These Terms govern your access to and use of the Foundation's services, including the app.sei.io website (the "Site"), as well as any other application, media form, media channel, or mobile website related, linked, or otherwise connected thereto that link to these Terms (collectively, the "Services"). Please note that our Privacy Policy describes how we collect, use, and share personal information through the Services and forms a part of these Terms.
The Foundation maintains and operates the Services as a portal for access to, and to provide news, information, analytics, and updates about, the Sei Network protocol or blockchain ("SEI Chain"), and the SEI Network ecosystem, and in certain instances for interacting with us or with the SEI Chain. The Site may also offer one or more interfaces to facilitate user interaction with SEI Chain services, including functions facilitating claiming allocations of the SEI token (the "Token Claim Interface"). For avoidance of doubt, the SEI Chain is an open-source protocol maintained and processed by SEI Chain validators across the globe. The Foundation does not control the SEI Chain and cannot control any activity or data on the SEI Chain, the activities of persons who develop and use applications on SEI Chain, the validation of transactions on the SEI Chain, or use of the SEI Chain. The Foundation does not control the emission, allocation or transmission of the SEI token.
NOTHING ON OR IN THE SERVICES SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY, SECURITY OR FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE.
By accessing or using the Services, you agree that you have reached the age of majority in your jurisdiction and agree to be bound by these Terms. Please read these Terms carefully, as they contain an agreement to arbitrate claims you may have against us and an agreement that you will pursue any claims against us on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding. If you do not agree to these Terms (including the Privacy Policy linked above), you may not use the Services.
Using Our Services
Eligibility. You may not use the Services if you are below the age of majority in your jurisdiction or it is otherwise illegal in your jurisdiction for you to access, view and/or use the Services. If any of these conditions apply to you, please leave this site immediately. If you do not leave this site, then you will be deemed to have represented that none of these conditions apply to you. Furthermore, you may not use the Token Claim Interface if you are a resident of the United States, or any jurisdiction where such use (or receipt, possession or use of the SEI token) is unlawful.
Updates to Terms of Use. Your use of the Services is subject to your agreement to these Terms, which may be updated by us at any time with or without notice to you. The Effective Date of the most up-to-date Terms will be provided at the top of the page for each version of these Terms. Any such updates will be effective upon our publishing such updated Terms. If you do not agree to these Terms, you may not use the Services.
Updates to the Services. We may update and change our Services from time to time at our sole discretion, for example, to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes, but you agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any costs, expenses, or inconvenience arising out of or related to such modification, suspension, or discontinuance.
No Professional Advice or Fiduciary Duty. All information provided by the Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Services. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
These Terms are not intended to, and do not, create or impose and fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
User Conduct
Prohibited Uses. You may not use the Services to engage in the following categories of activity ("Prohibited Uses"). The Prohibited Uses listed below are representative, but not exhaustive, and the Foundation reserves the right to update or amend such list in its sole discretion at any time, with or without notice to you. If you are uncertain as to whether or not your use of the Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact us at foundation@seifdn.org. If you create an account with us (including by connecting your wallet to our Services) or otherwise make use of our Services, you agree that you will not undertake any of the following, as determined by the Foundation in its sole discretion:
- Abusive Activity: Actions which: (i) conduct, facilitate, authorize, or permit any text or data mining or web scraping, (ii) impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; (iii) transmit or upload any material to the Services that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; (iv) attempt to gain unauthorized access to the Services, other users' accounts or wallets not belonging to you, computer systems or networks connected to the Services, through password mining or any other means; (v) use the email and password combination of any third party to access or use the Services, except in the case of applications which are specifically authorized by a third party to access such third party's User Account and information; or (vi) transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of the Foundation.
- Abuse of Other Users: Interference with another person's access to or use of the Services; impersonation of any person or entity or misrepresentation of your affiliation with any person or entity; solicitation of personal information from any person under the age of 18; actions that defame, abuse, extort, harass, stalk, threaten, harm, or otherwise violate or infringe the legal or other rights (such as, but not limited to, rights of privacy, publicity, and intellectual property) of others; or the harvesting or other collection of information from the Services about others, including, without limitation, email addresses or financial information, without proper consent.
- Fraud: Activity which operates to defraud the Foundation, any of our user(s) or any other person, or to provide any false, inaccurate, or misleading information to us or others.
- Legal Violations: You represent that your access and use of the Services will fully comply with all applicable laws and regulations and that you will not access or use the Services to conduct, promote, or otherwise facilitate illegal activity. You will comply with all applicable sanctions laws, regulations and rules, including but not limited to those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), and any other applicable jurisdictions. The Token Claim Interface may not be used in the following jurisdictions:
- Afghanistan
- Albania
- Belarus
- Belgium
- Bolivia
- Bosnia and Herzegovina
- Central African Republic
- China
- Congo
- Cote D'Ivoire
- Cuba
- Darfur
- France
- Iran
- Iraq
- Kosovo
- Lebanon
- Libya
- Macedonia
- Mali
- Myanmar
- Nepal
- Nicaragua
- North Korea
- Russia
- South Sudan
- Sudan
- Syria
- Ukraine
- United Kingdom
- United States
- Venezuela
- Yemen
Access Credentials: You are responsible for maintaining the confidentiality of any credentials used to access the Services and are fully responsible for any and all activities that occur under your credentials. If you learn or suspect that your credentials have been used without your authorization or otherwise compromised, you agree to notify us at the contact information provided below as soon as possible.
No Unauthorized Access: If we block you from accessing the Services (including by blocking your IP address), you agree not to circumvent or attempt to circumvent such blocking by any means.
Copyright and License to You
Information Ownership. Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, our logo and all designs, text, graphics, trademarks, pictures, information, data, software, sound files, and/or other files related thereto and/or associated therewith and the selection and arrangement thereof (collectively, "Content") are and shall remain the sole and proprietary property of the Foundation (including all subsidiaries and related entities) or our affiliates or licensors, if and as applicable. You represent and warrant that you own all rights, titles and interest (including copyrights and rights of publicity) in and to any Content you make available on or through the Services ("Your Content").
Information Ownership. Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, our logo and all designs, text, graphics, trademarks, pictures, information, data, software, sound files, and/or other files related thereto and/or associated therewith and the selection and arrangement thereof (collectively, "Content") are and shall remain the sole and proprietary property of the Foundation (including all subsidiaries and related entities) or our affiliates or licensors, if and as applicable. You represent and warrant that you own all rights, titles, and interest (including copyrights and rights of publicity) in and to any Content you make available on or through the Services ("Your Content").
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Services ("Submissions"), provided by you to Aster Foundation are non-confidential and Aster Foundation will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that Aster Foundation may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws, or government requests; (ii) enforce these Terms of Service (including our Privacy Policy); (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Aster Foundation, its users, or the public. You understand that the technical processing and transmission of the Service, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Intellectual Property. Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by the Foundation or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern the usage of such software components, as applicable.
Third Party Services. The Services may contain links to third-party websites ("Third-Party Websites") and/or applications ("Third-Party Applications"). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies, if and as applicable) of another website or destination. The Foundation provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications or their products or services. You use all links in Third-Party Websites and Third-Party Applications at your own risk. Third-Party Applications may include applications, services, protocols or digital assets based on or employing the SEI Chain, including such applications, services, protocols or digital assets developed with support from the Foundation. Nonetheless, the foregoing terms apply to all such applications, services, protocols or digital assets.
Limited License to You. These Terms grant users a limited and non-exclusive right to use the Services, including all Content thereon. Except as indicated otherwise herein or in any additional terms or conditions, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any of the Content on our Services, except as follows:
- Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may download a single copy of the mobile application to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide any so-called "social media" features as part of the Services, you may take such actions as are enabled by such features and are consistent with these Terms.
You must not:
- Modify copies of any Content from the Services.
- Use any illustrations, photographs, video, or audio sequences or any graphics available through the Services separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials available through the Services.
If you wish to make any use of Content other than that set out in this Section, please address your request to foundation@seifdn.org.
Reasonable, Limited Use of Token Claim Interface; Resale Prohibited. You are permitted to use the Token Claim Interface to obtain a reasonable amount of SEI token as needed for the purpose of testing, evaluating, and using the Services consistent with these Terms. Other uses, including but not limited to resale, are expressly prohibited. We reserve the right in our sole discretion to determine the reasonableness of users' use of the Token Claim Interface.
Access to Testnet and Assumption of Risk of Using the Services: You understand and acknowledge that the Services are being offered as a developmental and testing platform and are made available on an "AS IS" and "AS AVAILABLE" basis and subject to the Limitation of Liability terms below. The Services may contain errors, bugs, or inaccuracies that could cause failures, corruption, or loss of data from your devices and peripheral (including servers and computers) connected to your devices. The Foundation is not obligated to continue to develop the Services or provide any maintenance, technical, or other support for the Services. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH OR ARISING IN ANY WAY FROM YOUR USE OF THE SERVICES, INCLUDING ANY INTERNET ACCESS FEES, BACK-UP AND RECOVERY EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE OR LOSS TO ANY DATA, INFORMATION, EQUIPMENT, OR SOFTWARE.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Foundation, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the "Foundation Parties"), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities of every kind, and nature whatsoever, whether known or unknown, that are caused by, arise out of, or are related to (a) your use or misuse of the Services, (b) your violation of these Terms, and/or (c) your violation of any right(s) of any third party. You agree to promptly notify the Foundation of any Claim(s) and shall cooperate fully with the Foundation Parties in defending such Claims. You further agree that the Foundation Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN ANY WRITTEN AGREEMENT(S) BETWEEN YOU AND THE FOUNDATION.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE FOUNDATION, THE SERVICES, CONTENT CONTAINED THEREIN, AND ANY DIGITAL ASSET(S) LISTED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOUNDATION (AND ITS AFFILIATE(S), LICENSOR(S) AND/OR OTHER BUSINESS ASSOCIATE(S)) MAKES NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL OR SAFE. THE FOUNDATION DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, CONTENT CONTAINED THEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
YOU AGREE AND ACKNOWLEDGE THAT THE FOUNDATION HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO THE ACCURACY OF BLOCKCHAIN DATA, DIGITAL OWNERSHIP RECORDS, OR SMART CONTRACTS. THE FOUNDATION MAKES NO OFFER OR INVITATION TO ACQUIRE, PURCHASE, TRANSFER, SELL, OR OTHERWISE DEAL IN TOKENS. YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS YOU MAY HAVE, WHETHER KNOWN OR UNKNOWN AGAINST THE FOUNDATION (AND ANY RELATED PARTIES) RELATED TO THE INTERFACE SERVICES.
YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS, SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD (ERC-20) AND BRIDGING ACROSS DIFFERENT BLOCKCHAIN SOLUTIONS. YOU FURTHER UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE HIGHLY VOLATILE DUE TO VARIOUS FACTORS, INCLUDING ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS SUCH AS SEI CHAIN AND ETHEREUM ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK THAT YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE WHILE THEY ARE SUPPLIED TO THE PROTOCOL THROUGH THE INTERFACE, YOU MAY SUFFER LOSS DUE TO THE FLUCTUATION OF PRICES OF TOKENS IN A TRADING PAIR OR LIQUIDITY POOL, AND, ESPECIALLY IN EXPERT MODES, EXPERIENCE SIGNIFICANT PRICE SLIPPAGE AND COST. YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT THE RISK THAT YOU MAY MISTAKENLY TRADE THOSE OR OTHER TOKENS. YOU FURTHER ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING THE SERVICE. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE SERVICE, INCLUDING THE INTERFACE TO INTERACT WITH THE PROTOCOL.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FOUNDATION OR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF DIGITAL ASSETS, LOSS OF PRIVATE KEY, LOSS OF SEED PHRASE, LOSS OF ACCESS TO ANY DIGITAL WALLET, OR ANY OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT ON THE SERVICES OR ANY OTHER WEBSITES AND MOBILE APPLICATIONS OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES AND MOBILE APPLICATIONS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD).
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE DEEMED PERMANENTLY WAIVED AND BARRED.
THIS SECTION DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
NO ACTIVITY OR INTERACTION WITH THE SERVICES CONSTITUTES A SALE OF VIRTUAL ASSETS TO THE PUBLIC. IF YOU DO NOT UNDERSTAND THIS TO BE THE CASE, PLEASE CEASE USE OF THE SERVICES AND REFRAIN FROM ANY FURTHER INTERACTION WITH THE SERVICES.
Dispute Resolution
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
Informal Process. You agree that in the event of any dispute between you and the Foundation, you will first contact the Foundation in writing and make a good faith sustained effort for no less than forty-five (45) days to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Agreement to Arbitrate. Any dispute, controversy, or claim that remains unresolved after the forty-five (45) day informal dispute resolution process concludes (collectively, "Dispute") relating in any way to these Terms or the Foundation's services and/or products, including but not limited to the Services, or relating in any way to the communications between you and the Foundation or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies to both you and the Foundation. However, this arbitration agreement does not (a) govern any Dispute by the Foundation for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms, or (b) bar you from making use of applicable small claims court procedures in appropriate cases within the Cayman Islands.
Arbitration Procedure and Rules. Any Dispute, including all questions of arbitrability, shall be settled by arbitration administered by the Cayman Islands Arbitration Centre in accordance with its International Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the Cayman Islands Arbitration Centre in accordance with its Arbitration Rules. The place, or legal seat of arbitration, shall be the Cayman Islands, and the language of the arbitration shall be English.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons without the consent of both parties. Each party shall be exclusively responsible for paying its own arbitration filing fees, which may later be allocated by the arbitrator as set forth below.
Subject to the limitation of liability set forth above, the arbitrator shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs, to proceed ex aequo et bono, or to exercise rights of iura novit curia. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any is determined by the arbitrator, its reasonable costs, including reasonable attorney's fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel, or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH THE FOUNDATION MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM WILL BE PERMANENTLY BARRED.
Miscellaneous
Governing Law and Venue. Any dispute arising from these Terms and your use of the Service will be governed by and construed and enforced in accordance with the laws of the Cayman Islands, without regard to their conflicts of laws provisions, without regard to choice of law principles, and the parties hereby expressly exclude the application of the UN Convention on the International Sale of Goods hereto. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the courts of the Cayman Islands, in any litigation arising out of the Agreement. The parties agree that they will not assert any claim that (i) they are not subject to the jurisdiction of such courts, (ii) the venue is improper, (iii) the forum is inconvenient, or (iv) any similar objection, claim or argument.
Severability. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
Waiver. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you or choose to waive any of these Terms, we will only do so expressly and in writing, and that will not mean that we will automatically waive any later default by you.Waiver. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you or choose to waive any of these Terms, we will only do so expressly and in writing, and that will not mean that we will automatically waive any later default by you.
Assignability. These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with the Foundation's prior written consent.
Notices. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Entire Agreement. These Terms (together with those incorporated by reference herein) constitute the entire agreement between you and Aster Foundation governing your access to and use of the Services. These Terms supersede any prior agreements between you and Aster Foundation with respect to the Services.
Contact us
If you have any questions about our Services or these Terms or need to report a violation of these terms, please email us at foundation@seifdn.org.