Terms & Conditions of Use: Particle LIITA Bridge

Last Updated: 22/09/2022

Introduction.

The developer of the Particle LIITA Bridge is 4JM Corp., 150 Country Estates Cir. Suite 110, Reno, NV 89511, USA (the “Creator”). A person using the Particle LIITA Bridge (hereinafter referred to as the “LIITA Bridge”) is called a “User.” The Creator and the User together are hereinafter referred to as the “Parties,” and each individually as a “Party.”  These General Terms and Conditions constitute a legally binding agreement between the Parties.
 
The Parties agree that despite the Creator’s good faith efforts to develop the LIITA Bridge, it is possible that the Creator’s wallet will experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact the LIITA Bridge and User’s tokens, and the potential utility of the User’s tokens.
 
These General Terms and Conditions are designed for use for the LIITA Bridge. BY ACCEPTING THESE GENERAL TERMS AND CONDITIONS AND ACTIVATING THE RESPECTIVE CHECKBOX INCLUDED IN THE WEBSITE, THE PARTIES AGREE TO BE BOUND BY THE PROVISIONS OF THESE GENERAL TERMS AND CONDITIONS AND ALL OF THE TERMS INCORPORATED HEREIN, AND THE USER EXPRESSLY ACKNOWLEDGES THAT HE/SHE/IT UNDERSTANDS THESE GENERAL TERMS AND CONDITIONS AND ACCEPT ALL OF ITS TERMS.
 
The Parties hereby acknowledge that, as of the last update of these General Terms and Conditions, legal and regulatory guidance concerning cryptocurrencies, tokens (including non-fungible tokens) and blockchain networks remains inconclusive and is subject to change based on future issued regulatory requirements and legislations in the United States, European Union or any other jurisdiction. The Creator will monitor any new rules and interpretive guidance or other developments which may have an impact on these General Terms and Conditions, and the Creator will work in good faith to amend these General Terms and Conditions to repair any portions which may later become invalid, void or made dependent on additional requirements or conditions due to changes in the regulatory regime governing blockchain technologies, cryptocurrencies and tokens.
 
The Parties hereby agree as follows:

Article 1: Users.

If an individual, the User hereby represents and warrants that he/she is at least eighteen (18) years old.

Article 2: Technical Requirements and Responsibility for Losses.

The LIITA Bridge is a single-purpose built ERC-721 token bridge specifically developed to transfer LIITA Particles from the Avalanche Mainnet C-Chain to the Ethereum Mainnet.

The Creator is not responsible for any losses of the User. The Creator is under no obligation to compensate or re-issue any lost Particles to the User. The Creator has put in place mechanisms to allow for the recovery of Particles should any issues arise during the Bridge Process. Please see the Particle FAQs for more detail. The use of the LIITA Bridge is at the User’s own risk, and the User hereby assumes and accepts any and all associated risks with the LIITA Bridge, including but not limited to (i) cybersecurity, (ii) risks inherent with using Internet-native assets and the blockchain, (iii) the risk of losing access to Particles and (iv) any adverse effects of disruptions or other issues affecting Ethereum or the Ethereum network. The User hereby acknowledges that he/she/it has obtained sufficient information to make an informed decision regarding the LIITA Bridge. 

Article 3: No Business, Legal, Financial or Tax Advice.

The User acknowledges and agrees that no information provided by the Creator, notwithstanding whether included in these General Terms and Conditions, the Particle Whitepaper, or any other document or statement, should be deemed as business, legal, financial or tax advice. The User may consult his own business, legal, financial or tax advisers regarding especially, inter alia, the individual chances, opportunities, risks, obligations or further costs arising from the reception of and in connection with Particles.

Article 4: Limitation of Liability.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE CREATOR, ITS AFFILIATES OR ITS SERVICE PROVIDERS BE LIABLE TO THE USER FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO THE LIITA BRIDGE. THE USER HEREBY AGREES THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE USER HEREBY ACCEPTS THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT THE CREATOR HAS NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS GROSS NEGLIGENCE.  IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO THE USER, THE LIMITATIONS WILL APPLY TO THE USER ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 


Article 5: Governing Law; Dispute Resolution.

The laws of the state of Delaware shall apply to these General Terms and Conditions and all legal relations between the Creator and the User under the exclusion of international uniform law, in particular the UN Sales Convention, and without regard to conflict of law principles. Place of jurisdiction is Delaware, United States, for any and all disputes arising from these General Terms and Conditions and all legal relations between the Creator and the User, unless mandatory statutory provisions require otherwise.

To the fullest extent permitted by law, each Party to these General Terms and Conditions waives its right to seek remedies in court, including any right to a jury trial. Any controversy or claim arising out of or relating to these General Terms and Conditions, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions (“Claims”), as well as the determination of the scope or applicability of these General Terms and Conditions to arbitrate, shall be settled by binding arbitration conducted by JAMS according to its Comprehensive Arbitration Rules and Procedures before a single arbitrator. In agreeing to arbitrate all Claims, the User waives all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in New York County, New York, and judgment on the award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. Furthermore, the arbitration provision shall survive termination of these General Terms and Conditions. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of New York, provided that, the arbitrator shall not have authority to award punitive damages, consequential damages, special damages, or attorney’s fees and related costs. Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. The User agrees that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis. FOR THE AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE AND AGREE AND UNDERSTAND THAT BY AGREEING TO ARBITRATE ANY CLAIM OR CLAIMS ON AN INDIVIDUAL BASIS ARISING OUT OF OR RELATING TO THESE GENERAL TERMS AND CONDITIONS, THE PARTIES WAIVE ALL RIGHTS TO A TRIAL BY JURY OR TO PROCEED AS PART OF A CLASS IN ANY ACTION OR PROCEEDING INVOLVING ANY SUCH CLAIM OR CONTROVERSY.


Article 6: Indemnification.

 

The User will defend, indemnify, and hold the Creator and each of its respective affiliates, successors and assigns, officers, directors, employees, service providers, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (1) the User’s breach of this Agreement or the documents it incorporates by reference and (2) the User’s violation of any applicable laws, rules or regulations, or the rights of a third party, as a result of entering into these General Terms and Conditions and accepting the terms of the LIITA Bridge.


Article 7: Miscellaneous.

 

The negotiating language is English. The Creator may amend these Terms and Conditions form time to time.
 
When such changes are made, the Creator will make the updated General Terms and Conditions available and update the “Last Updated” date as seen above.  Please check this page periodically for changes.  Any changes to these General Terms and Conditions will immediately apply on and from the date that they are made.
 
Should any provisions of these General Terms and Conditions be or become invalid or void, or should any provisions of these General Terms and Conditions be or become unenforceable, this shall not affect the validity and enforceability of the remaining provisions. Instead of the invalid, void or unenforceable provision, the Parties agree on a provision that comes as close as legally possible in economic terms to what the Parties wanted according to the meaning and purpose of the deleted provision. The same applies if gaps in these General Terms and Conditions should become apparent. Any failure of enforcement of rights, provisions or claims resulting from these Terms of Conditions or any other document accompanying the aforementioned by the Creator shall in no way be deemed as a waiver of these rights, provisions or claims. In addition to these General Terms and Conditions, please review the LIITA Particles Terms & Conditions which remain an integral part of these General Terms and Conditions.


Article 8: Particles Terms & Conditions and Particle Bill of Rights.

 

All LIITA Particles will remain subject to the LIITA Particles Terms & Conditions (available at [www.particlecollection.com/terms]) and the LIITA Particle Bill of Rights (available at [www.particlecollection.com/bill-of-rights]) in all respects after the LIITA Bridge has taken affect, and the terms of the LIITA Particles Terms & Conditions and LIITA Particle Bill of Rights are hereby incorporated by reference as applicable.