Terms of Service
Last Revised: June 30, 2025
1 Acceptance of These Terms of Service
Please read these Terms of Service (the "Terms") and carefully because they govern your use of the website located at https://sugar.money (the "Site") and services accessible via the Site offered by Lysemark Inc. ("Company," "we," "us," or "our"), a Panamanian corporation that facilitates users access to a third-party protocol that enables users to upload content in connection with digital assets and transact in such digital assets. To make these Terms easier to read, the Site and our services are collectively called the "Interface." By accessing, browsing, or otherwise using the Site or any other aspect of the Interface, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an entity or other organization, you are agreeing to these Terms for that entity or organization and representing to Company that you have the authority to bind that entity or organization to these Terms (and, in which case, the terms "you" and "your" will refer to that entity or organization). If you do not accept the terms and conditions of these Terms, you will not access, browse or otherwise use the Service.
BY USING THESE INTERFACE, YOU REPRESENT THAT YOU ARE NOT A PERSON OR ENTITY WHO IS RESIDENT IN, A CITIZEN OF, IS LOCATED IN, IS INCORPORATED IN, OR HAS A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, ARE REFERRED TO HEREIN AS A "RESTRICTED PERSON").
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 16 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 15 (GOVERNING LAW AND FORUM CHOICE) WILL APPLY INSTEAD.
Modification; Additional Terms. We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You may read a current, effective copy of these Terms by visiting the "Terms of Service" link on the Site. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms, so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Service. When using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms.
2 Access and Use of the Service
Legal Compliance: The Interface are only available to users in certain jurisdictions who can use the Interface as permitted under applicable law. You certify that you will comply with all applicable laws, rules, and regulations when using the Interface. Without limiting the foregoing, by using the Interface, you represent and warrant that:
2.1 You are not a resident, national, or agent of Cuba, Iran, North Korea, Syria, Venezuela, and the Crimea, Luhansk, Donetsk, Zaporizhzhia, and Kherson regions, or any other country or jurisdiction to which Panama, the United Kingdom, United States, the United Nations Security Council, or the European Union embargoes goods or imposes similar sanctions (collectively, "Restricted Territories");
2.2 You are not a member of any sanctions list or equivalent established by Panama, the United Kingdom, United States, the United Nations Security Council, or the European Union (collectively, "Sanctions Lists Persons") and you do not intend to transact with any Restricted Person or Sanctions List Person;
2.3 Your access to the Interface (a) is not prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over the Company, you, or the Interface, or as otherwise duly enacted, enforceable by law, the common law or equity; or (b) will not be used to engage in or facilitate any illegal activity.
3 Privacy Policy
Please review our Privacy Policy, which also governs your use of the Interface, for information on how we collect, use and share your information and agree to provide this Privacy Policy (or any updated version thereof as may be provided from time to time) to each individual whose personal data you provide to the Company.
4 Who May Use the Interface?
You may use the Interface only if you are 18 years or older and capable of forming a binding contract with the Company, and not otherwise barred from using the Interface under applicable law.
5 Referral Program
You may choose to participate in the Company's referral program ('Referral Program') by providing a Company-provided referral link to prospective users of the Interface (each, a 'Referral Link'). Each user who joins the Interface for the first time through the Referral Link is a 'Referred User.' Company may reject to provide any portion of the Referral Payment in situations where a Referred User: (i) Company reasonably suspects is an existing user, (ii) is an affiliate, service provider, or agent of Company (each, a "Rejected Referral"). If a Referred User is not a Rejected Referral, they will be deemed an "Eligible Referral." For a period designated within the Interface (the "Reward Period"), referring users can receive a percentage of fees Sugar derives from a Referred User's activities actually collected by Company through the Interface ("Referral Payment"). Company may modify the Reward Period at any time in its sole discretion.
6 Rewards Program
In connection with the Interface, we may elect to offer a community rewards program designed to foster and recognize active community engagement in the Interface and other third-party applications and services which are integrated with our Interface (the "Community Rewards Program"). The Community Rewards Program will allow individuals to earn points ("Points") based on fulfilling certain criteria and/or engagement with the community, the Interface, third party products and services that are integrated with the Interface, and as otherwise communicated to you. The Community Rewards Program is offered for entertainment purposes only at the sole discretion of the Company, and its rules, terms, conditions, benefits, or the Points may be modified at any time by us with or without notice. Please read the below terms carefully to understand how we will operate the Community Rewards Program.
(a) Eligibility. You will be assigned Points for any qualifying actions made through the Interface. The Company may discontinue the Community Rewards Program, your eligibility to participate in it, or modify your Points rewards at any time and for any reason as determined by the Company in its sole discretion and without notice to you.
(b) Your Rewards. Eligible participants can earn Points for certain qualifying actions as communicated by the Company from time to time as posted by Company to the Interface.
(c) Fees. There may be fees associated with your use of the Interface. Such Fees will be displayed in the Interface. By using the Interface, you agree to comply with all fees associated with your use of the Interface.
(d) Limitations, Restrictions, and Other Terms. The Company's determinations of participant eligibility or any questions or disputes arising under the Community Rewards Program, these Terms, or any other rules or restrictions shall be final and binding and not subject to challenge or appeal. Without notice to you, the Company reserves the right to suspend or terminate the Community Rewards Program or your participation in the Community Rewards Program if the Company determines in its sole discretion that you have violated these Terms, or that the use of your activities and/or Points are unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Terms. All Points assigned under the Community Rewards Program have no value, including no cash value, are non-transferrable, are not redeemable, and may be modified or discontinued at any time and without any notice to you.
(e) DISCLAIMERS. The Company is not responsible for any problems or technical malfunction of any telephone, Internet or blockchain network or lines, online systems, servers, providers, computer equipment, software, or messaging platform, or as a result of technical problems or traffic congestion on the Internet, any website, or any application, or any combination thereof, including, without limitation, any resulting error in computing qualifying actions or any unavailability of Points, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in the Community Rewards Program. If, for any reason, the Community Rewards Program is not capable of running as planned, including due to errors of any kind or nature, infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Company which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Community Rewards Program, the Company reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Community Rewards Program or otherwise respond to the circumstances as the Company deems appropriate.
7 Conditions of Access and Use
The Company is not obligated to monitor access to or use of the Interface or to review or edit any content. However, we have the right to do so for the purpose of operating the Interface, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Interface. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The following are examples of uses that are illegal or prohibited by the Company. The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company's sole discretion, violates this provision, including reporting the violator to law enforcement authorities. You agree not to do any of the following:
7.1 use, display, mirror or frame the Interface or any individual element within the Interface, the Company's name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company's express written consent;
7.2 access, tamper with, or use non-public areas of the Interface, the Company's computer systems, or the technical delivery systems of the Company's providers;
7.3 attempt to probe, scan or test the vulnerability of any the Company system or network or breach any security or authentication measures;
7.4 avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company or any of the Company's providers or any other third party (including another user) to protect the Interface;
7.5 attempt to access or search the Interface or download content from the Interface using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third-party web browsers;
7.6 use any meta tags or other hidden text or metadata utilizing the Company trademark, logo URL or product name without the Company's express written consent;
7.7 forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Interface to send altered, deceptive or false source-identifying information;
7.8 use or attempt to use the Interface in a manner that tampers with, abuses, exceeds authorized access, or harms the Protocols;
7.9 seek to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including the deployment of viruses and denial of service attacks;
7.10 violate any applicable local, state, national, or international law, or any regulations having the force of law, including any laws or regulations concerning the integrity of trading markets (e.g., manipulative tactics commonly known as spoofing and wash trading) or trading of securities or derivatives;
7.11 engage in any activity that seeks to defraud us or any other person or entity, including providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
7.12 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
7.13 further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
7.14 encourage or enable any other individual to do any of the foregoing.
8 Your Content
8.1 Posting Content. Our Interface may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Interface is referred to as "User Content". Company does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
8.2 Permissions to Your User Content. By making any User Content available through the Interface you hereby grant to Company a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Interface.
8.3 Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Interface, nor any use of your User Content by Company on or through the Interface will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
8.4 Removal of User Content. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Interface. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
9 Intellectual Property Rights
9.1 Service Content. You acknowledge and agree that the Service may contain content or features ('Service Content') that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. The Company retains all rights to Service Content. Furthermore, except as expressly authorized by the Company (e.g., to the extent any of the code relating to the Protocols is made available under an open source license), you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
9.2 Trademarks. The Company name and logos are trademarks and service marks of the Company (collectively the "Company Trademarks"). Other Company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Company Trademarks will inure to our exclusive benefit.
9.3 Third-Party Material. Under no circumstances will the Company be liable in any way for any content or materials of any third parties, including User Content, including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Company does not pre-screen content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, the Company and its designees will have the right to remove from the Site any content that violates these Terms or is deemed by the Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
9.4 User Feedback. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service ('Submissions'), provided by you to the Company are non- confidential and the Company 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.
9.5 Our Intellectual Property. We may make available through the Interface content that is subject to intellectual property rights. We retain all rights to that content.
10 Third-Party Service
The Service may provide access to services, sites, technology, applications and resources that are provided or otherwise made available by third parties (the "Third-Party Services"). Your access and use of the Third- Party Service may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party. The Company has no control over and is not responsible for such Third-Party Service, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Service, or on the privacy practices of Third-Party Service. We encourage you to review the privacy policies of the third parties providing Third-Party Service prior to using such services. You, and not the Company, will be responsible for any and all costs and charges associated with your use of any Third-Party Service. The integration or inclusion of such Third-Party Service does not imply endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Service.
11 Termination
We may suspend or terminate your access to and use of the Interface at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Interface or your account, the following Sections will survive: 8.3, 9, 10, 11, 12, 13, 14, 15, 16, and 17.
12 Indemnification
You will indemnify and hold the Company and its officers, directors, employees and agents ("Company Parties"), harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Interface, (b) your User Content, or (c) your violation of these Terms.
13 Warranty Disclaimers
YOUR USE OF THE SERVICE, INCLUDING THE COMMUNITY POINTS PROGRAM, IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, INTERFACE, APPLICATIONS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
BY ACCESSING AND USING THE SERVICE, 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, 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 THE PROTOCOLS 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 A BLOCKCHAIN PROTOCOL. YOU FURTHER ACKNOWLEDGE THAT THE COMPANY PARTIES 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 BLOCKCHAIN PROTOCOLS.
14 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE INTERFACE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE INTERFACE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE INTERFACE EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO THE COMPANY FOR USE OF THE INTERFACE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
15 Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the laws of Panama, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 (Dispute Resolution by Binding Arbitration) the exclusive jurisdiction for all Disputes (defined below) that you and the Company are not required to arbitrate will be the courts located in Panama, and you and the Company each waive any objection to jurisdiction and venue in such courts.
16 Dispute Resolution by Binding Arbitration
16.1 Mandatory Arbitration of Disputes. Each party agrees that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Interface (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and the Company agree that Panamanian law governs the interpretation and enforcement of these Terms, and that you and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
16.2 Exceptions. As limited exceptions to Section 16.1 above: (i) either party may seek to resolve a Dispute in the courts of Panama if it qualifies; and (ii) either party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
16.3 Conducting Arbitration and Arbitration Rules. Any Disputes arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by binding arbitration to be administered by the International Rules of the American Arbitration Association (the "Arbitration Rules") in force as at the date of these Terms, which Arbitration Rules are deemed to be incorporated by reference to these Terms. The arbitration shall be conducted in the English language and the place of arbitration shall be in Panama. The arbitration shall be determined by a sole arbitrator to be appointed in accordance with the Arbitration Rules. The decision of the sole arbitrator to any such dispute, controversy, difference or claim shall be in writing and shall be final and binding upon both parties without any right of appeal, and judgment upon any award thus obtained may be entered in or enforced by any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or in relation to these Terms shall be instituted in any court of any jurisdiction. If any litigation or arbitration is necessary to enforce the terms of these Terms, the prevailing party will be entitled to have their attorney fees paid by the other party. Each party waives any right it may have to assert the doctrine of forum non conveniens, to assert that it is not subject to the jurisdiction of such arbitration or courts or to object to venue to the extent any proceeding is brought in accordance herewith.
16.4 Arbitration Costs. Responsibility of payment of all filing, administration and arbitrator fees will be governed by the Arbitration Rules. We each agree that the prevailing party in arbitration will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
16.5 Injunctive and Declaratory Relief. Except as provided in Section 16.2 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
16.6 Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this dispute resolution section shall be null and void.
16.7 Severability. With the exception of any of the provisions in Section 16.6 of these Terms ('Class Action Waiver'), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
17 General
17.1 Reservation of Rights. Company and its licensors exclusively own all right, title and interest in and to the Interface, including all associated intellectual property rights. You acknowledge that the Interface are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Interface.
17.2 Entire Agreement.These Terms and the Privacy Policy constitute the entire and exclusive understanding and agreement between Company and you regarding the Interface, and these Terms and the Privacy Policy supersede and replace all prior oral or written understandings or agreements between Company and you regarding the Interface. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Company's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
17.3 Notices.Any notices or other communications provided by Company under these Terms will be given: (i) via email; or (ii) by posting to the Interface. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
17.4 Waiver of Rights. Company's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17.5 Third Party Rights. Any indemnified person not being a party to these Terms may enforce any rights granted to it pursuant to these Terms in its own right as if it were a party to these Terms. Notwithstanding any term of these Terms, the consent of or notice to any person who is not a party to these Terms shall not be required for any termination, rescission or agreement to any variation, waiver, assignment, novation, release or settlement under these Terms at any time.