Last updated: April 26, 2019
Through https://vault.io, https://editional.com, or any other associated websites, APIs, or mobile applications (collectively, the "Vault Site"), Vault.io, Inc. ("Vault") provides a platform for holding, storing, creating, distributing tracking and managing certain supported digital currencies, "tokens" (including, without limitation, non-fungible Ethereum tokens ERC720, ERC721, and future iterations of such tokens), digital collectibles ("Digital Collectibles"), commodities, "coins," "smart contracts" or other computerized transaction protocols intended to digitally facilitate, verify, or enforce the negotiation or performance of a contract (including, without limitation, those that take place on a blockchain or distributed ledger), electronic gaming assets, and other digital assets (collectively, "Digital Assets") and Digital Asset accounts, and allowing interaction with decentralized apps and smart contracts on the Ethereum blockchain. The Vault Site and any other features, tools, materials, or other services offered from time to time by Vault are referred to as the "Services."
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN THESE TERMS CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH Vault ON AN INDIVIDUAL BASIS (RATHER THAN THROUGH A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION (RATHER THAN THROUGH A JURY TRIAL). BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THESE TERMS AND HAVE SPECIFICALLY CONSIDERED THE CONSEQUENCES OF AGREEING TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION.
Vault may amend these Terms from time to time. Amendments will be effective upon Vault's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by these Terms, as amended. Vault reserves the right to modify, suspend, or discontinue the Services, in whole or in part, at any time, with or without notice to you. You agree that Vault will not be liable to you or to any third party for such modification, suspension, or discontinuation.
a. Registration. To use certain features of the Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that all required registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Services. Vault may suspend or terminate your Account in its sole discretion and may suspend access to the Services if Vault suspects that you have failed to comply with these Terms. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Vault of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security with respect to your Account. Vault hereby disclaims any and all liability for any loss or damage for your failure to comply with the requirements set forth in this Section 1. Vault may, in its sole discretion, refuse to open an Account for you or limit the number of Accounts that you hold.
b. Restrictions on Prohibited Uses. You may not use your Account to engage in the following categories of activity. The specific types of use listed below are representative, but not exhaustive. By opening an Account, you confirm that you will not use your Account to do any of the following:
i. Unlawful activity. Activity that would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Vault conducts business, including, without limitation, the U.S. Department of Treasury's Office of Foreign Assets Control, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.
ii. Abusive activity. Actions that impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Services that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Services, other Accounts, computer systems or networks connected to the Services, through password mining or any other means; use of Account information of another party to access or use the Services, except in the case of specific merchants and/or applications which are specifically authorized by a user to access such user's Account and information; or transferring your account access or rights to your account to a third party, unless by operation of law or with the express permission of Vault.
iii. Abusing other users. Interfere with another individual's or entity's access to or use of any Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Services about others, including without limitation email addresses, without proper consent.
iv. Fraud. Activity that operates to defraud Vault, Vault users, or any other person; provide any false, inaccurate, or misleading information to Vault.
v. Gambling. Lotteries; bidding fee auctions; odds making; internet gaming; contests, sweepstakes; games of chance.
vi. Intellectual property infringement. Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including, without limitation, sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Vault intellectual property, name, or logo, including use of Vault trade or service marks, without express consent from Vault or in a manner that otherwise harms Vault or the Vault brand; any action that implies an untrue endorsement by or affiliation with Vault.
c. Restrictions on Prohibited Businesses. By opening an Account, you confirm that you will not use the Services in connection with any of following businesses, activities, practices, or items:
i. Investment and credit services. Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes.
ii. Restricted financial services. Check cashing, bail bonds, collections agencies.
iii. Multi-level marketing. Pyramid schemes, networking marketing and referral marketing programs.
iv. Regulated products and services. Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis.
v. Drugs and drug paraphernalia. Sale of narcotics, controlled substances and any equipment designed for making or using drugs, such as bongs, vaporizers and hookahs.
vi. Unfair, predatory, or deceptive practices. Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers.
vii. High-risk businesses. Any businesses that Vault believes poses elevated financial risk, legal liability, or violates card network or bank policies.
a. License. We grant you a limited, nonexclusive, nontransferable, nonsublicensable license, subject to the terms of this Agreement, to access and use the Services and related content, materials and information (collectively, the "Content") solely for approved purposes as permitted by Vault from time to time. Any other use of the Services or Content is expressly prohibited. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. All intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the Services, including, without limitation, "Vault.io" and all logos related to the Services or displayed on the Vault Site, are owned by Vault or its licensors. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this Section 2(a). Vault and its licensors expressly reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
b. Disclaimers. Although we intend to provide accurate and timely information on the Services, the Services (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND Vault EXRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. Vault MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
c. Third-Party Content. The Services may contain links to third-party websites and services and/or display advertisements for third parties (collectively, "Third-Party Content"). Such Third-Party Content is not under Vault's control, and Vault is not responsible for any Third-Party Content. Vault provides access to this Third-Party Content only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Content. You use all Third-Party Content at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Content.
d. Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.
3. Indemnity; Limitation of Liability.
a. Indemnity. You agree to indemnify and hold Vault, its affiliates, and each of its and their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of these Terms or your violation of any law, rule or regulation, or the rights of any third party.
b. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Vault BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, INTERRUPTION, DELAY OR INABILITY TO USE THE SERVICES, LOSS OF SERVICE, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, ANY LOSS OR CORRUPTION OF DATA, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF Vault HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Vault'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
4. Arbitration Agreement.
a. Agreement to Arbitrate. You and Vault agree that any dispute, claim, or controversy between you and Vault arising in connection with or relating in any way to these Terms or to your relationship with Vault as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Vault further agree that the arbitrator will have the exclusive power to rule on any disputes relating to the interpretation, applicability, enforceability, existence, scope or validity of this agreement to arbitrate (this "Arbitration Agreement") or to the arbitrability of any claim or counterclaim, including whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This Arbitration Agreement will survive termination of these Terms.
b. Class Action Waiver. YOU AND Vault AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Vault otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
c. Waiver of Jury Trial; Certain Exceptions. You acknowledge and agree that you and Vault are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Notwithstanding the foregoing, you and Vault each agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator.
d. Procedure; Rules; Location. Either party may initiate arbitration proceedings by providing the other party with a written Demand for Arbitration as specified in the AAA Rules (defined in the following sentence). The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The arbitration will be conducted in the county or parish in which you reside.
e. Fees. Each party will be responsible for payment of its own fees as set forth in the AAA Rules.
f. Choice of Law. Notwithstanding any choice of law provision in these Terms, the parties acknowledge and agree that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue will be resolved under the laws of the State of California.
g. Severability. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason: (1) the unenforceable or unlawful provision will be severed from these Terms; (2) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration.
5. Digital Asset Transactions.
a. General. The Services contain a platform for holding, storing, tracking and managing Digital Assets (a "Wallet"). Without limiting any terms and conditions applicable to the Services set forth in these Terms, you agree to the terms and conditions set forth in this Section 5 governing the requesting, sending and receiving, and storage of Digital Assets from third parties by giving instructions through the Vault Site (each such transaction, a "Digital Asset Transaction"). Vault stores all Digital Asset private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Vault to retrieve certain information from offline storage in order to facilitate a Digital Asset Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Asset Transaction for 48 hours or more. You acknowledge and agree that a Digital Asset Transaction facilitated by Vault may be delayed. IF YOU LOSE ACCESS TO YOUR WALLET OR YOUR ENCRYPTED PRIVATE KEYS AND YOU HAVE NOT SEPARATELY STORED A BACKUP OF YOUR WALLET AND CORRESPONDING PASSWORD, YOU ACKNOWLEDGE AND AGREE THAT ANY DIGITAL ASSETS YOU HAVE ASSOCIATED WITH THAT WALLET WILL BECOME INACCESSIBLE. Neither Vault nor any of its affiliates or employees can retrieve your private keys or passwords if you lose or forget them, nor can Vault or its affiliates or employees guarantee transaction confirmation.
b. Refusals to Process. Vault reserves the right to refuse to process or to cancel any pending Digital Asset Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. Vault cannot reverse a Digital Asset Transaction which has been broadcast to a Digital Assets network. The Wallet services are available only in connection with the Digital Assets that Vault, in its sole discretion, decides to support. The Digital Assets that Vault supports may change from time to time. Under no circumstances should you attempt to use your Wallet services to store, send, request, or receive digital currencies in any form that are not supported by Vault. Vault assumes no responsibility or liability in connection with any attempt to use the Services for digital currencies that Vault does not support.
c. Digital Collectibles. By creating a Digital Collectible, you represent and warrant that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your Digital Collectible (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your Digital Collectible, and you hereby irrevocably grant to Vault a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your Digital Collectible (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your Digital Collectible, without any compensation or other obligation to you. Finally, you irrevocably waive, and cause to be waived, against Vault and its users any claims and assertions of moral right or attribution with respect to your Digital Collectible. You represent, warrant, and covenant that, by creating a Digital Collectible, your Digital Collectible does not and will not include content that is offensive, insensitive, upsetting, intended to disgust, or in exceptionally poor taste, including, without limitation, content that:
i. is defamatory, discriminatory, or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the app is likely to humiliate, intimidate, or place a targeted individual or group in harm’s way (except for professional political satire and/or humor);
ii. contains realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence;
iii. contains depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms;
iv. is overtly sexual or pornographic;
v. contains inflammatory religious commentary or inaccurate or misleading quotations of religious texts;
vi. contains false information and features, including inaccurate device data or trick/joke functionality, such as fake location trackers;
viii. promotes or assists in any illegal activity.
d. Processing. Vault processes supported Digital Assets according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to Vault. Once submitted to a Digital Assets network, a Digital Asset Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Assets network. A transaction is not complete while it is in a pending state. Vault reserves the right to delay any Digital Asset Transaction if it perceives a risk of fraud or illegal activity.
e. Third Party Payments. Vault has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of the Services). Vault is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with Digital Assets transferred using the Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Vault via email at [email protected]
f. Operation of Digital Assets Protocols. Vault does not own or control the underlying software protocols (including without limitation any blockchain software or technology and/or any “smart contracts” or other code operating on or executing in connection with such software or technology) which govern the operation of Digital Assets supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Vault platform, you acknowledge and agree (1) that Vault is not responsible for operation of the underlying protocols and that Vault makes no guarantee of their functionality, security, or availability; and (2) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Assets you store in the Vault platform. In the event of a fork, you agree that Vault may suspend Vault operations (with or without advance notice to you) and that Vault may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that Vault assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
g. Digital Asset Network Information. As part of the Services, Vault may provide certain data and information including, without limitation, the listing of, trading or exchanging in, or otherwise transacting in Digital Assets, including, without limitation, information about the market capitalization or trading price of, or other metrics or indicators related to, Digital Assets (such data and information services, "Digital Asset Listing Services"). Vault takes commercially reasonable efforts to ensure that the data and information provided in such Digital Asset Listing Services is up-to-date; however, you acknowledge and agree that all underlying data and information included in such Digital Asset Listing Services is provided by third parties or obtained from publicly available sources unaffiliated with Vault. ACCORDINGLY, Vault MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND EXPLICITLY DISCLAIMS THE ACCURACY, ADEQUACY, OR COMPLETENESS OF, THE DIGITAL ASSET LISTING SERVICES AND ANY SUCH DATA AND/OR INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY TRADING PRICE OR EXCHANGE RATE OF ANY DIGITAL ASSETS) INCLUDED THEREIN, AND SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ERRORS, OMISSIONS, OR OTHER DEFECTS, DELAYS, OR INTERRUPTIONS IN THE DIGITAL ASSET LISTING SERVICES AND ANY SUCH DATA AND/OR INFORMATION INCLUDED THEREIN OR FOR ANY DAMAGES RELATED TO YOUR USE OF ANY DIGITAL ASSET LISTING SERVICES. WITHOUT LIMITING THE FOREGOING, ALL THE DIGITAL ASSET LISTING SERVICES AND SUCH DATA AND INFORMATION ARE PROVIDED "AS IS" FOR PERSONAL INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR, AND SHALL NOT BE USED BY YOU FOR, TRADING ADVICE AND Vault SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIGITAL ASSET TRANSACTIONS MADE BASED ON THE DIGITAL ASSET LISTING SERVICES.
h. Disclosure of Material Risks of Digital Assets. Although there are material risks from trading, holding, managing, accepting, or otherwise transacting in various forms of payment (such as cash, other fiat currencies, network card payments, other proprietary electronic payments and alternative virtual currency payments), Vault discloses to you, the following material risks associated with Digital Assets and Digital Asset Transactions:
i. Digital Assets are not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections.
ii. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Digital Assets.
iii. Digital Asset Transactions may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
iv. Some Digital Asset Transactions will be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction.
v. The value of Digital Assets may be derived from the continued willingness of market participants to exchange fiat currency for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear.
vi. There is no assurance that a third-party that accepts Digital Assets as payment today will continue to do so in the future.
vii. The volatility and unpredictability of the price of Digital Assets relative to fiat currency may result in a significant loss over a short period of time.
viii. The nature of Digital Assets may lead to an increased risk of fraud or cyber-attack.
ix. The nature of Digital Assets means that any technological difficulties experienced by Vault may prevent the access or use of a customer's Digital Assets.
x. Any bond or trust account maintained by Vault for the benefit of its customers may not be sufficient to cover all losses incurred by customers.
i. Acknowledgement. You acknowledge and agree that you have carefully read and considered the material risks of Digital Assets and Digital Asset Transactions as disclosed to you by Vault in this Section 5.
j. Disclaimers. THE RISK OF LOSS IN TRADING, HOLDING, MANAGING, ACCEPTING, OR OTHERWISE TRANSACTING IN DIGITAL ASSETS CAN BE SUBSTANTIAL AND YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH TRADING, HOLDING, MANAGING, ACCEPTING, OR OTHERWISE TRANSACTING IN SUCH DIGITAL ASSETS, INCLUDING WITHOUT LIMITATION PRICE VOLATILITY RISKS, SECURITY RISKS, RISKS OF LOSS AND ANY OTHER RISKS DISCLOSED IN THIS SECTION 5. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER TRADING, HOLDING, MANAGING, ACCEPTING, OR OTHERWISE TRANSACTING IN DIGITAL ASSETS IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION. Vault IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF YOUR DECISION TO ENGAGE IN SUCH TRADING, HOLDING, MANAGING, ACCEPTING, OR OTHERWISE TRANSACTING IN DIGITAL ASSETS, INCLUDING WITHOUT LIMITATION, LIABILITY AS A RESULT OF YOUR VOLUNTARY UNDERTAKING OF THE RISKS DESCRIBED IN THIS SECTION 5.
c. Severability and Waiver. Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability will not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision will be enforced to the extent permitted by law. Any failure by Vault or any third-party beneficiary to enforce the Agreements or any provision thereof will not waive Vault's or the applicable third-party beneficiary's right to do so.
d. Choice of Law. These Terms are governed by the internal laws of the State of California, United States, without regard to its choice or conflicts of laws principles. You and Vault agree to the exclusive jurisdiction of the state and federal courts located in San Francisco, California to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms that is not subject to binding arbitration as set forth in Section 4.
e. Assignment. You may not assign these Terms without Vault's prior written consent. Vault may assign these Terms without your consent to (1) a subsidiary or affiliate of Vault, (2) an acquirer of Vault's equity, business, or assets, or (3) a successor of Vault by merger or operation of law. Any purported assignment in violation of this Section 6(e) will be void.
f. Survival. The provisions of Section 2(b), 3, 4, 5 and 6 will survive the termination or expiration of these Terms.