+ Terms of Use
+ Privacy Policy
© 2024 Provable Inc.
diff --git a/website/src/pages/Homepage.jsx b/website/src/pages/Homepage.jsx
index 191d1008b..ded3df418 100644
--- a/website/src/pages/Homepage.jsx
+++ b/website/src/pages/Homepage.jsx
@@ -6,11 +6,11 @@ import "./Homepage.css";
const Homepage = () => {
return (
+
+
@@ -68,6 +62,13 @@ const Homepage = () => { style={{ height: "24px", marginBottom: "1rem" }} > + + {" "} + Terms of Use{" "} + + + Privacy Policy + © 2024 Provable Inc.
Last Updated: 8/19/2024
++ This Privacy Notice explains how Provable Inc., its affiliates + and/or its subsidiaries (collectively referred to as “Provable”, + “we”, “our”, or “us”) may collect, use, disclose, and otherwise + process personal data including, without limitation, in + connection with the websites provable.com, explorer.aleo.org, + provable.tools, leo-lang.org, any associated webpages and any + successor URL(s) or URLs to which they redirect, and any and all + related software, documentation, and online, mobile-enabled, + and/or digital services, including without limitation access to + and use of Provable’s Explorer, API, Leo Playground Tools + software (collectively, the “Platform”). We may also choose or + be required by law to provide different or additional + disclosures relating to the processing of personal data about + residents of certain countries, regions, or states. Please refer + to the Region-Specific Disclosures section below for additional + disclosures that may be applicable to you. This Privacy Notice + does not address our privacy practices relating to Provable job + applicants, employees and other employment-related individuals, + nor data that is not subject to applicable data protection laws + (such as deidentified or publicly available information). This + Privacy Notice is also not a contract and does not create any + legal rights or obligations not otherwise provided by law.{" "} +
++ {" "} + The categories of personal data we collect depend on how you + interact with us and our services. For example, you may provide + us your personal data directly when you visit our site. We may + also collect personal data automatically when you interact with + our websites and other services and may also collect personal + data from other sources and third parties.{" "} +
++ {" "} + We use this information primarily to respond to any inquiries + you have. to communicate with you, and to improve our Platform + and other services. If you choose to contact us, we may need + additional information to fulfill the request or respond to your + inquiry. We may provide additional privacy disclosures where the + scope of the request we receive or personal data we require fall + outside the scope of this Privacy Notice. In that case, the + additional privacy disclosures will govern how we may process + the information you provide at that time. +
++ {" "} + We, and our third-party partners, may automatically collect + information you provide to us and information about how you + access and use our products and services when you engage with + us. We typically collect this information through the use of a + variety of our own and our third-party partners’ automatic data + collection technologies, including (i) cookies or small data + files that are stored on an individual’s computer and (ii) + other, related technologies, such as web beacons, pixels, + embedded scripts, and logging technologies. While we may combine + information we collect automatically about you with 1 other + personal data we collect directly from you, we do not typically + collect personal data when you access our websites or use our + Platform. +
+ We, and our third-party partners, may use automatic data + collection technologies to automatically collect the + following data when you use our services or otherwise engage + with us: +
++ We may receive the same categories of personal data as + described above from the following sources and other + parties: +
++ In addition to the primary purposes for using personal + data described above, we may also use personal data we + collect to: +
++ We may disclose or otherwise make available personal + data in the following ways: +
++ The following privacy choices are made available to all + individuals with whom we interact. You may also have + additional choices regarding your personal data + depending on your location or residency. Please refer to + our Region-Specific Disclosures below for information + about additional privacy choices that may be available + to you. +
+ ++ You may be able to utilize third-party tools and + features to further restrict our use of automatic data + collection technologies. For example: +
++ Please note that blocking automatic data collection + technologies through third-party tools and features may + negatively impact your experience using our services, as + some features and offerings may not work properly or at + all. Depending on the third-party tool or feature you + use, you may not be able to block all automatic data + collection technologies or you may need to update your + preferences on multiple devices or browsers. We do not + have any control over these third-party tools and + features and are not responsible if they do not function + as intended. +
+ ++ Certain of our third-party providers and partners offer + additional ways that you may exercise control over your + personal data, or automatically impose limitations on + the way we can use personal data in connection with the + services they provide: +
++ Our services are not directed to, and we do not intend + to, or knowingly, collect or solicit personal data from + children under the age of 13. If an individual is under + the age of 13, they should not use our services or + otherwise provide us with any personal data either + directly or by other means. If a child under the age of + 13 has provided personal data to us, we encourage the + child’s parent or guardian to contact us to request that + we remove the personal data from our systems. If we + learn that any personal data we collect has been + provided by a child under the age of 13, we will + promptly delete that personal data. +
+ ++ We have implemented reasonable physical, technical, and + organizational safeguards that are designed to protect + your personal data. However, despite these controls, we + cannot completely ensure or warrant the security of your + personal data. +
+ ++ We will usually retain the personal data we collect + about you for no longer than reasonably necessary to + fulfill the purposes for which it was collected, and in + accordance with our legitimate business interests and + applicable law. However, if necessary, we may retain + personal data for longer periods of time as required + under applicable law or as needed to resolve disputes or + protect our legal rights. +
++ To determine the appropriate duration of the retention + of personal data, we consider the amount, nature, and + sensitivity of the personal data, the potential risk of + harm from unauthorized use or disclosure of personal + data and if we can attain our objectives by other means, + as well as our legal, regulatory, tax, accounting, and + other applicable obligations. +
++ Once retention of the personal data is no longer + reasonably necessary for the purposes outlined above, we + will either delete or deidentify the personal data or, + if that is not possible (for example, because personal + data has been stored in backup archives), we will + securely store the personal data and isolate it from + further active processing until deletion or + deidentification is possible. +
+ ++ Our services may include links to third-party websites, + plug-ins, applications, and other services. Except where + we post, link to or expressly adopt or refer to this + Privacy Notice, this Privacy Notice does not apply to + any personal data practices of third parties. To learn + about the personal data practices of third parties, + please visit their respective privacy notices. +
+ ++ We may choose or be required by law to provide different + or additional disclosures relating to the processing of + personal data about residents of certain countries, + regions, or states. Please refer below for disclosures + that may be applicable to you: +
++ We may update this Privacy Notice from time to time. + When we make changes to this Privacy Notice, we will + change the date at the beginning of this Privacy Notice. + If we make material changes to this Privacy Notice, we + will notify individuals by email to their registered + email address, by prominent posting on this website or + our other platforms, or through other appropriate + communication channels. All changes shall be effective + from the date of publication unless otherwise provided. +
+ ++ If you have any questions or requests in connection with + this Privacy Notice or other privacy-related matters, + please send an email to privacypolicy@provable.com. +
++ These disclosures supplement the information contained + in our Privacy Notice by providing additional + information about our personal data processing practices + relating to individual residents of certain states in + the United States. For a detailed description of how we + collect, use, disclose, and otherwise process personal + data, please read our Privacy Notice. +
+ ++ If you are a resident of the state of Nevada in the + United States, you have the right to opt out of the sale + of your personal data. Although we do not currently sell + personal data of Nevada residents (as defined under + Nevada law), you may submit a request to opt-out of the + sale of your personal data by sending an email to{" "} + + privacypolicy@provable.com + + . +
+ ++ If you are a resident of the state of California, + Colorado, Connecticut, Utah, Texas, or Virginia in the + United States, the following supplementary disclosures + apply to you. +
+ ++ We may disclose all of the categories of personal data + we collect to the categories of recipients set forth in + the "Our Disclosure of Personal Data" section of our + Privacy Notice. However, we do not sell personal data, + and we do not process or otherwise share personal data + for the purpose of displaying advertisements that are + selected based on personal data obtained or inferred + over time from an individual’s activities across + non-affiliated businesses or websites, applications, or + other services (otherwise known as “targeted + advertising” or “cross-context behavioral advertising”). +
++ We do not sell your personal data or share such + information for targeted advertising. However, you may + have additional rights (as described in the "Your + Additional U.S. Privacy Choices" section below). +
+ ++ We do not collect personal data elements that may be + classified as “sensitive” under certain privacy laws. +
+ ++ We may at times receive, or process personal data to + create, deidentified information that can no longer + reasonably be used to infer information about, or + otherwise be linked to, a particular individual or + household. Where we maintain deidentified information, + we will maintain and use the information in deidentified + form and not attempt to reidentify the information + except as required or permitted by law. +
+ ++ We do not conduct automated processing of personal data + for the purposes of evaluating, analyzing, or predicting + an individual’s personal aspects in furtherance of + decisions that produce legal or similarly significant + effects. As a result, we do not provide a right to + exercise control over such forms of automated + decision-making and profiling. +
++ Depending on your state of residency and subject to + certain legal limitations and exceptions, you may be + able to exercise some or all of the following rights: +
++ Depending on your state of residency, you may also have + the right to not receive retaliatory or discriminatory + treatment in connection with a request to exercise the + above rights. However, the exercise of the rights + described above may result in a different price, rate, + or quality level of product or service where that + difference is reasonably related to the impact the right + has on our relationship or is otherwise permitted by + law. +
+ ++ Please submit a request specifying the right you wish to + exercise by emailing us at{" "} + + privacypolicy@provable.com + + . +
++ Since we do not collect personal data that identifies + you when you access our websites or use our Platform, we + may not have any way to identify if we only collect + automatic data alone. Before processing your request to + exercise certain rights (including the Right to Know, + Access & Portability, Correction, and Deletion), we will + need to verify your identity and confirm you are a + resident of a state that offers the requested right(s). + In order to verify your identity, we will generally + either require the matching of sufficient information + you provide us to the information we maintain about you + in our systems. As a result, we require requests + submitted through our online form to include first and + last name, state of residency and/or the date of your + last transaction with us. +
++ In certain circumstances, we may decline or limit your + request, particularly where we are unable to verify your + identity or locate your information in our systems, or + where you are not a resident of one of the eligible + states. +
+ ++ In certain circumstances, you are permitted to use an + authorized agent to submit requests on your behalf + through the designated methods set forth above where we + can verify the authorized agent’s authority to act on + your behalf. In order to verify the authorized agent’s + authority, we generally require evidence of either (i) a + valid power of attorney or (ii) a signed letter + containing your name and contact information, the name + and contact information of the authorized agent, and a + statement of authorization for the request. Depending on + the evidence provided and your state of residency, we + may still need to separately reach out to you to confirm + the authorized agent has permission to act on your + behalf and to verify your identity in connection with + the request. +
+ ++ If you wish to submit a privacy request on behalf of + your minor child in accordance with applicable law, you + must provide sufficient information to allow us to + reasonably verify your child is the person about whom we + collected personal data and you are authorized to submit + the request on your child’s behalf. +
+ ++ Depending on your state of residency, you may be able to + appeal a decision we have made in connection with your + privacy rights request. All appeal requests should be + submitted by replying to the communication resolving + your original request. +
++ These disclosures supplement the information contained in + our Privacy Notice by providing additional information about + our personal data processing practices relating to + individuals who access our services or otherwise interact + with us from the European Economic Area (“EEA”), United + Kingdom ("UK"), and Switzerland. For a detailed description + of how we collect, use, disclose, and otherwise process + personal data, please read our Privacy Notice. +
+ +
+ EEA, UK, and Swiss Controller
+
+ Provable Inc., a company duly incorporated and organised
+ under the laws of the United States, having its address at
+ 5470 Kietzke Lane, STE 300, Reno, NV 89511, is the
+ “controller” responsible for the processing of personal data
+ in connection with our EEA, UK, and Swiss services and
+ operations. This means Provable Inc. determines and is
+ responsible for how your personal data is used. You may
+ contact us by emailing{" "}
+
+ privacypolicy@provable.com
+
+ .
+
+ If you have a concern about our processing of personal data, + you have the right to lodge a complaint with the Data + Protection Authority where you reside, where you work, or + where an alleged violation of the law has occurred. Contact + details for applicable Data Protection Authorities can be + found using the links below: +
++ We would, however, appreciate the chance to handle your + concerns directly prior to a complaint being filed, so + please contact us directly at{" "} + + privacypolicy@provable.com + {" "} + if you have any concerns. +
+ ++ When we process your personal data, we will do so in + reliance on the following lawful bases: +
++ You are not required to provide personal data to us, but we + do rely on your personal data to provide certain of our + products and services. For example, we need your personal + data to facilitate and deliver an order that you request. If + you choose not to provide us with your personal data, we may + not be able to provide you with a service or product you + request. We will inform you at the point that we collect + personal data from you if the provision of certain personal + data is mandatory or optional for receipt of our products + and services. +
++ We do not conduct automated processing of personal data, + including profiling, for the purposes of making decisions + about you. +
+ ++ We will usually retain the personal data we collect about + you for no longer than reasonably necessary to fulfill the + purposes for which it was collected, and in accordance with + our legitimate business interests and applicable law. + However, if necessary, we may retain personal data for + longer periods of time as required under applicable law or + as needed to resolve disputes or protect our legal rights. +
+ ++ The criteria used to determine the period of time for which + personal data about you will be retained varies depending on + the legal basis under which we process your personal data: +
+ ++ In certain circumstances, we may need to apply a “legal + hold” that retains information beyond our typical retention + period where we face threat of legal claim. In that case, we + will retain the information until the hold is removed, which + typically means the claim or threat of claim has been + resolved. In all cases, in addition to the purposes and + legal bases identified above, we consider the amount, nature + and sensitivity of personal data, as well as the potential + risk of harm from unauthorized use or disclosure of personal + data, in determining the relevant retention period. Once + retention of the personal data is no longer reasonably + necessary for the purposes outlined above, we will either + delete or deidentify the personal data or, if that is not + possible (for example, because personal data has been stored + in backup archives), we will securely store the personal + data and isolate it from further active processing until + deletion or deidentification is possible. +
++ We may operate and engage third-party partners and providers + in various jurisdictions. Therefore, we and our third-party + providers may transfer personal data to, or store, access, + or process personal data in, a country other than the one in + which it was collected, including, but not limited to, the + United States. The country to which personal data is + transferred may not provide the same level of protection for + personal data as the country from which it was transferred. +
++ We may transfer personal data about you outside of the EEA, + UK, and Switzerland, and when we do so we rely on + appropriate or suitable safeguards recognized under + applicable law, including adequacy decisions and standard + contractual clauses. If you would like more information on + the specific safeguards we use (and obtain a copy of such + safeguards, where applicable), please contact us at{" "} + + privacypolicy@provable.com + + . +
+ ++ We may transfer personal data about you to countries that + the relevant regulatory authority has deemed to adequately + safeguard personal data, either automatically or in + connection with a specific safe harbor framework. +
+ ++ Certain regulatory authorities have adopted standard + contractual clauses, which provide safeguards for personal + data transferred outside of the originating jurisdiction. We + may use these standard contractual clauses when transferring + personal data to a third country that has not been deemed to + adequately safeguard personal data. +
+ ++ Subject to certain limitations at law, you may be able to + exercise the following rights: +
+ ++ Please note that if the exercise of these rights limits our + ability to process personal data, we may not be able to + provide our services to you, or otherwise engage with you in + the same manner. +
+ ++ Please submit a request specifying the right you wish to + exercise by emailing us at{" "} + + privacypolicy@provable.com + + . +
++ Before processing your request to exercise certain rights + (taking into account the confidential nature of any personal + data we maintain), we will need to verify your identity and + confirm you are accessing our services or otherwise + interacting with us from the EEA, UK, or Switzerland. In + order to verify your identity, we will generally either + require the matching of sufficient information you provide + us to the information we maintain about you in our systems. + As a result, we require requests submitted through our + online form to include first and last name, state of + residency, and/or the date of your last transaction with us. +
++ In certain circumstances, we may decline or limit your + request, particularly where we are unable to verify your + identity as needed to protect your personal data or locate + your information in our systems, or where you are not + accessing our services or otherwise interacting with us from + the EEA, UK, or Switzerland. +
+Last updated: 8/19/2024
+This Cookie Notice supplements the information contained in our Privacy Notice by providing information in the tables set forth below about the cookies which are most frequently used on our websites. The tables may be updated from time to time, so please check back on a regular basis for any changes. For details about the information collected through the use of cookies and the purposes for which such information is used, please read the Our Collection and Use of Personal Data section of our Privacy Notice.
+ +Please note there is a “Cookie Preferences” manager linked in the footer of our websites that allows you to adjust your cookie preferences on the specific website you are visiting for the specific device and browser you are using at that time (which means you will need to change your preferences on each device and browser you use to interact with the specific website you are visiting). For information about other choices you may have in relation to our use of cookies and other automatic data collection technologies, please refer to the Your Privacy Choices section of our Privacy Notice.
+ +These cookies are essential to making our websites work. They enable core functionality such as security, network management and accessibility. Without these cookies, services that are necessary for you to use our websites, such as accessing secure areas or remembering the information inputted into a webform, are not available. These cookies do not track browsing history on third-party websites. The legal basis for our use of strictly necessary cookies are our legitimate interests, namely being able to provide and maintain our websites.
+ +These cookies enable a website to remember information that changes the way the website behaves or looks, such as preferred language or the region that an individual is accessing our website from. If you are accessing our websites with an IP address from the European Economic Area, United Kingdom, or Switzerland, you have been asked to consent to the use of these cookies.
+ +| Cookie Name | +Cookie Provider | +When is the Cookie Set? | +How Long Does the Cookie Last? | +Purpose of the Cookie | +
|---|---|---|---|---|
| None. | ++ | + | + | + |
These cookies collect information about the number of visitors to our websites, and information about how visitors move around our websites when they are using them. This helps us to improve the way our websites work, for example, by ensuring that visitors are finding what they are looking for easily. If you are accessing our websites with an IP address from the European Economic Area, United Kingdom, or Switzerland, you have been asked to consent to the use of these cookies.
+ +| Cookie Name | +Cookie Provider | +When is the Cookie Set? | +How Long Does the Cookie Last? | +Purpose of the Cookie | +
|---|---|---|---|---|
| None. | ++ | + | + | + |
+ Last Modified: 8/19/2024 +
+ ++ These Terms of Use (these “Terms”) describe the terms and + conditions by which you may access and/or use the platform + provided by Provable Inc., a Delaware corporation (including its + successors and assigns, “Provable,” “we,” “our,” or “us”), + including without limitation as made available on the websites + provable.com, explorer.aleo.org, provable.tools, leo-lang.org, + any associated webpages and any successor URL(s) or URLs to + which they redirect, and any and all related software, + documentation, and online, mobile-enabled, and/or digital + services, including without limitation access to and use of + Provable’s Explorer, API, Leo Playground and Tools software + (collectively, the “Platform”). By accessing and/or using the + Platform, or by clicking a button or checking a box marked “I + Agree” (or something similar), you signify that you have read, + understood, and agree to be bound by these Terms, and you + acknowledge that you have read and understood our Privacy + Notice, as further described in Section 6.1 (Privacy). We + reserve the right to modify these Terms, and we will provide + notice of material changes as described below. These Terms apply + to all visitors and users of the Platform, and to all others who + access the Platform (collectively, “Users,” and, as applicable + to you, “you” or “your”). +
+ ++ + PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU + UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY + INDIVIDUAL ARBITRATION PROVISION IN SECTION 13.2 (THE + “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL + WAIVER PROVISION IN SECTION 13.3 (THE “CLASS ACTION/JURY + TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO + THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE + USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS + TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS + THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE + TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS + DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK + RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR + CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF + OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY + GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. + +
+ ++ This is a contract between you and Provable. You must read and + agree to these Terms before using the Platform. If you do not + agree, you may not use the Platform. You may use the Platform + only if you can form a legally binding contract with us, and + only in compliance with these Terms and all applicable local, + state, national, and international laws, rules, and regulations + (“Applicable Law”). Without limiting the generality of the + foregoing, any access to, or use of, the Platform by anyone who + is a minor (which is under the age of 18 in most jurisdictions) + in any applicable jurisdiction (a “Minor”) is strictly + prohibited and in violation of these Terms, unless such access + and/or use is supervised by a parent or legal guardian + (“Parent”) who: (a) has read and understands these Terms; (b) + approves all rights granted, and all obligations undertaken, by + the Minor hereunder; and (c) agrees to be bound by these Terms. + If you are a Parent of a User who is a Minor, then, by allowing + such Minor to access and/or use the Platform, you are subject to + these Terms and responsible for such Minor’s activity on the + Platform. With respect to the Parent of a User who is a Minor, + “you,” as used in these Terms in the context of a license grant, + assignment, restriction, obligation, acknowledgment, + representation, warranty, or covenant, or in any similar + context, means “the Parent, on behalf of the Parent and the + Minor,” and “your” has the corresponding meaning. The Platform + is not available to any Users we previously removed from the + Platform. +
+ ++ (a) User Accounts. We may maintain accounts for + Users of the Platform that give you access to certain services + and functionalities that we may, in our sole discretion, + establish and maintain as part of the Platform from time to time + (“User Accounts”). You acknowledge that, notwithstanding + anything to the contrary herein, you do not own your User + Account, nor do you possess any rights to data stored by or on + behalf of Provable on the servers running the Platform. We may + maintain different types of User Accounts for different types of + Users. +
++ (b) Connecting Via Third-Party Services. By + connecting to the Platform via a third-party service, you give + us permission to access and use your information from that + service, as permitted by that service, and to store your log-in + or access credentials for that service. +
++ (c) Account Security. You may never use another + User’s User Account without such User’s permission. When + creating your User Account, you must provide accurate and + complete information, and you must keep this information up to + date. You are solely responsible for the activity that occurs on + your User Account, you will keep your User Account password(s) + and/or any other authentication credentials secure, and you will + not share your password(s) and/or any other authentication + credentials with anyone else. We encourage you to use “strong” + passwords (e.g., passwords that use a combination of upper- and + lower-case letters, numbers, and symbols) to protect your User + Account. We will not be liable for, and expressly disclaim + liability for, any losses caused by any unauthorized use of your + User Account and/or any changes to your User Account, including, + without limitation, changes made by another User that is granted + access to your User Account. You will notify us immediately of + any breach of security or unauthorized use of your User Account. +
++ (d) Account Settings. You may control certain + aspects of your User Account and any associated User profile, + and of the way you interact with the Platform, by changing the + settings in your settings page. By providing us with your email + address, you consent to our using that email address to send you + Platform-related notices, including any notices required by + Applicable Law, in lieu of communication by postal mail. +
+ ++ You may deactivate your User Account at any time. We may, with + or without prior notice, change the Platform, stop providing the + Platform or features of the Platform to you or to Users + generally, or create usage limits for the Platform. We may, with + or without prior notice, permanently terminate or temporarily + suspend your access to your User Account and/or the Platform + without liability, with or without cause, and for any or no + reason, including if, in our sole determination, you violate any + provision of these Terms. Upon their termination for any reason + or no reason, you continue to be bound by these Terms. +
+ ++ YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS, INCLUDING + SHARING OF INFORMATION, WITH OTHER USERS. WE RESERVE THE RIGHT, + BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND + OTHER USERS. WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM + YOUR INTERACTIONS WITH OTHER USERS, AND FOR ANY USER’S ACTION OR + INACTION, INCLUDING RELATING TO USER CONTENT (AS DEFINED BELOW). +
++ Subject to your compliance with these Terms and any + documentation we may make available to you, you are hereby + granted a non-exclusive, limited, non-transferable, and freely + revocable right to access and use the Platform, solely for your + personal use or internal business purposes, as applicable, + strictly as permitted by the features of the Platform. We may + terminate the license granted in this Section at any time, for + any reason or no reason. We reserve all rights not expressly + granted herein in and to the Platform. +
+ ++ Except to the extent a restriction is prohibited by Applicable + Law, you will not do, and will not assist, permit, or enable any + third party to do, any of the following: +
++ (a) Provable’s Explorer (currently available at + explorer.aleo.org) enables you to view and interact with data + and information relating to the Aleo blockchain. Explorer also + provides certain data and information about validator addresses + (“Validators”) to connect and view such Validators for purposes + of delegating Aleo Credits (as described at{" "} + + https://aleo.org/aleo-credits/ + + ) for staking on the Aleo blockchain. +
+ ++ 2.4 All Validators are independently and separately operated and + controlled by third parties. Provable provides data and + information about Validators, and the provision of such + functionality does not imply Provable’s endorsement or + recommendation of such Validators. +
+ ++ EXPLORER AND ANY DATA, INFORMATION, AND SERVICES MADE AVAILABLE + IN CONNECTION THEREWITH ARE PROVIDED “AS IS” AND PROVABLE HEREBY + DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, + OR OTHERWISE. PROVABLE SPECIFICALLY DISCLAIMS ALL IMPLIED + WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, + TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM + COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVABLE MAKES NO + WARRANTY OF ANY KIND THAT EXPLORER, ANY DATA, INFORMATION, AND + SERVICES MADE AVAILABLE IN CONNECTION THEREWITH, OR ANY PRODUCTS + OR RESULTS OF ITS USE, WILL MEET YOUR OR ANY OTHER PERSON’S + REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED + RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR + OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF + HARMFUL CODE, OR ERROR FREE. +
+ ++ As between us and you, you (or your licensors) will own any and + all information, data, and other content, in any form or medium, + that is collected, downloaded, or otherwise received, directly + or indirectly, from you (or on your behalf) by or through the + Platform (“User Content”). +
+ ++ We have the right (but not the obligation) in our sole + discretion to remove any of your User Content that is shared via + the Platform. You further grant, and you represent and warrant + that you have all rights necessary to grant, to us, under all of + your Intellectual Property Rights, an irrevocable, perpetual, + transferable, sublicensable (through multiple tiers), fully + paid, royalty-free, and worldwide right and license to use, + copy, store, modify, distribute, reproduce, publish, list + information regarding, make derivative works of, and display + your User Content: (i) to maintain and provide the Platform; + (ii) to improve our products and the Platform and for our other + business purposes, such as data analysis, customer research, + developing new products or features, and identifying usage + trends; and (iii) to perform such other actions as described in + our Privacy Notice or as authorized by you in connection with + your use of the Platform. +
+ +You affirm, represent, and warrant the following:
++ WE CLAIM NO OWNERSHIP RIGHTS OVER YOUR USER CONTENT. WE TAKE NO + RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT. YOU + WILL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE + CONSEQUENCES OF SUBMITTING, POSTING, DISPLAYING, PROVIDING, + SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR THROUGH THE + PLATFORM, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE ACTING + ONLY AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND + PUBLICATION OF YOUR USER CONTENT. +
+ ++ For the purposes of these Terms, “Intellectual Property Rights” + means all patent rights, copyright rights, mask work rights, + moral rights, rights of personality, trademark, trade dress and + service mark rights, goodwill, trade secret rights, and any and + all other intellectual property rights and proprietary rights as + may now exist or hereafter come into existence, and all + applications therefor and registrations, renewals, and + extensions thereof, under Applicable Law. +
+ ++ You understand and acknowledge that we (or our licensors + (including other Users), as applicable) own and will continue to + own all rights (including intellectual property rights), title, + and interest in and to the Platform, all materials and content + displayed or otherwise made available on and/or through the + Platform (including, without limitation, images, text, graphics, + illustrations, logos, photographs, audio, videos, music, and + User Content belonging to other Users; but, excluding your User + Content), and all software, algorithms, code, technology, and + intellectual property underlying and/or included in or with the + Platform (collectively and individually, “Provable Intellectual + Property”). Except as may be explicitly provided herein, nothing + in these Terms will be deemed to create a license in or under + any such Intellectual Property Rights, and you will not access, + sell, license, rent, modify, distribute, copy, reproduce, + transmit, display, perform, publish, adapt, edit, or create + derivative works of any Provable Intellectual Property. Use of + any Provable Intellectual Property for any purpose not expressly + permitted by these Terms is strictly prohibited. +
+ ++ We may collect, or you may provide to us, diagnostic, technical, + usage, and/or related information, including information about + your computers, mobile devices, systems, and software + (collectively, “Usage Data”). All Usage Data is and will be + owned solely and exclusively by us, and, to the extent any + ownership rights in or to the Usage Data vest in you, you hereby + assign to us all rights (including Intellectual Property + Rights), title, and interest in and to same. Accordingly, we may + use, maintain, and/or process the Usage Data or any portion + thereof for any lawful purpose, including, without limitation: + (a) to provide and maintain the Platform; (b) to improve our + products and services (including the Platform), and to develop + new products, services, and/or features; (c) to monitor your + usage of the Platform; (d) for research and analytics, + including, without limitation, data analysis, identifying usage + trends, and/or customer research; and (e) to share analytics and + other derived Usage Data with third parties, solely in + de-identified or aggregated form. The Platform may contain + technological measures designed to prevent unauthorized or + illegal use of the Platform; you understand and acknowledge that + we may use these and other lawful measures to verify your + compliance with these Terms and to enforce our rights, including + Intellectual Property Rights, in and to the Platform. +
+ ++ To the extent you provide us any suggestions, recommendations, + or other feedback relating to the Platform or to any other + Provable products or services (collectively, “Feedback”), you + hereby assign to us all rights (including Intellectual Property + Rights), title, and interest in and to the Feedback. + Accordingly, we are free to use the Feedback and any ideas, + know-how, concepts, techniques, and/or other intellectual + property contained in the Feedback, without providing any + attribution or compensation to you or to any third party, for + any purpose whatsoever, although we are not required to use any + Feedback. Feedback is deemed our Confidential Information (as + defined below). You acknowledge that, by acceptance of your + submission of Feedback, we do not waive any rights to use + similar or related ideas previously known to us, or developed by + our employees, or obtained from sources other than you. +
+ ++ The Platform may include non-public, proprietary, or + confidential information of Provable and/or of other Users + (“Confidential Information”). Confidential Information includes + any information that should reasonably be understood to be + confidential given the nature of the information and the + circumstances of disclosure, including non-public business, + product, technology, and marketing information. You will: (a) + protect and safeguard the confidentiality of all Confidential + Information with at least the same degree of care as you would + use to protect your own highly sensitive confidential + information, but in no event with less than a reasonable degree + of care; (b) not use any Confidential Information for any + purpose other than to exercise your rights, or to perform your + obligations, under these Terms; and (c) not disclose any + Confidential Information to any person or entity, except your + service providers or financial or legal advisors who/that (i) + need to know the Confidential Information and (ii) are bound by + non-use and non-disclosure restrictions at least as restrictive + as those set forth in this Section. +
+ ++ We care about your privacy. By using the Platform, you + acknowledge that we may collect, use, and disclose your personal + information and aggregated and/or anonymized data as set forth + in our Privacy Notice, and that your personal information may be + transferred to, and/or processed in, the United States and other + jurisdictions in accordance with our Privacy Notice. +
+ ++ We care about the integrity and security of your personal + information. However, we cannot guarantee that unauthorized + third parties will never be able to defeat our security measures + or to use your data for improper purposes. You acknowledge that + you provide your data at your own risk. +
+ ++ THE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY SITES, MATERIALS, + AND/OR SERVICES (COLLECTIVELY, “THIRD-PARTY SERVICES”) THAT ARE + NOT OWNED OR CONTROLLED BY US, AND CERTAIN FUNCTIONALITIES OF + THE PLATFORM MAY REQUIRE YOUR USE OF THIRD-PARTY SERVICES. IF + YOU USE A THIRD-PARTY SERVICE IN CONNECTION WITH THE PLATFORM, + YOU ARE SUBJECT TO AND AGREE TO, AND MUST COMPLY WITH, THE THIRD + PARTY’S TERMS AND CONDITIONS MADE AVAILABLE VIA, OR AGREED IN + CONNECTION WITH, ITS SERVICES. WE DO NOT ENDORSE OR ASSUME ANY + RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES. IF YOU ACCESS A + THIRD-PARTY SERVICE FROM THE PLATFORM OR SHARE YOUR USER CONTENT + ON OR THROUGH ANY THIRD-PARTY SERVICE, YOU DO SO AT YOUR OWN + RISK, AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY NOTICE + DO NOT APPLY TO YOUR USE OF ANY THIRD-PARTY SERVICE. YOU + EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM + YOUR ACCESS TO AND/OR USE OF ANY THIRD-PARTY SERVICE. + ADDITIONALLY, YOUR DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS + OF, ADVERTISERS FOUND ON THE PLATFORM, INCLUDING AS RELATES TO + PAYMENT AND DELIVERY OF GOODS, AND ANY OTHER TERMS (SUCH AS + WARRANTIES) ARE SOLELY BETWEEN YOU AND SUCH ADVERTISERS. YOU + UNDERSTAND AND ACKNOWLEDGE THAT WE WILL NOT BE RESPONSIBLE FOR + ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH + SUCH ADVERTISERS. +
+ ++ You hereby release us from all claims, damages (whether direct, + indirect, incidental, consequential, or otherwise), obligations, + losses, liabilities, costs, debts, and expenses, in each case of + every kind and nature, known and unknown, arising out of a + dispute between you and a third party (including any other User) + in connection with the Platform. YOU ACKNOWLEDGE THAT YOU HAVE + BEEN MADE AWARE OF AND UNDERSTAND THE PROVISIONS OF CALIFORNIA + CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH PROVIDES: “A + GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR + RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER + FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY + HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT + WITH THE DEBTOR OR RELEASED PARTY.” THE RELEASORS EXPRESSLY, + KNOWINGLY, AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS, BENEFITS, + AND PROTECTIONS OF SECTION 1542 AND OF ANY OTHER STATE OR + FEDERAL STATUTE OR COMMON LAW PRINCIPLE LIMITING THE SCOPE OF A + GENERAL RELEASE. +
+ ++ You will defend, indemnify, and hold us and our subsidiaries and + affiliates, and our and their respective agents, suppliers, + licensors, employees, contractors, officers, and directors + (collectively, including Provable, the “Provable Indemnitees”) + harmless from and against any and all claims, damages (whether + direct, indirect, incidental, consequential, or otherwise), + obligations, losses, liabilities, costs, debts, and expenses + (including, but not limited to, legal fees) arising from: (a) + your access to and/or use of the Platform; (b) your violation of + any term of these Terms, including, without limitation, your + breach of any of your representations and warranties set forth + in these Terms; (c) your violation of any third-party right, + including, without limitation, any privacy right or Intellectual + Property Right; (d) your violation of any Applicable Law; (e) + User Content or any content that is submitted via your User + Account, including, without limitation, any misleading, false, + or inaccurate information; (f) your willful misconduct; or (g) + any third party’s access to and/or use of the Platform with your + username(s), password(s), or other authentication credential(s). +
+ ++ THE CONTENT PROVIDED THROUGH OR IN CONNECTION WITH THE PLATFORM + IS DESIGNED TO PROVIDE PRACTICAL AND USEFUL INFORMATION ON THE + SUBJECT MATTER(S) COVERED. WHILE SUCH CONTENT MAY CONCERN ISSUES + RELATED TO PROFESSIONAL SERVICES, SUCH CONTENT IS NOT + PROFESSIONAL SERVICES ADVICE. YOU SHOULD NOT ACT OR REFRAIN FROM + ACTING ON THE BASIS OF ANY CONTENT THAT IS INCLUDED ON THE + SITE(S) AND/OR THE APP(S) OR THAT IS OTHERWISE OBTAINED IN + CONNECTION WITH THE PLATFORM WITHOUT SEEKING THE ADVICE OF A + PROFESSIONAL WHO IS LICENSED AND/OR QUALIFIED IN THE APPLICABLE + SUBJECT MATTER(S). WE EXPRESSLY DISCLAIM ALL LIABILITY IN + RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT + OBTAINED IN CONNECTION WITH THE PLATFORM. +
+ ++ THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. + YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM + EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, THE + INTELLECTUAL PROPERTY, AND ANY OTHER INFORMATION AVAILABLE ON OR + THROUGH THE PLATFORM ARE PROVIDED WITHOUT WARRANTIES OF ANY + KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, + IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR + PURPOSE, AND/OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, + WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE + PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. + WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONE OF THE + PROVABLE INDEMNITEES WARRANTS THAT ANY CONTENT OR ANY OTHER + INFORMATION CONTAINED IN, OR AVAILABLE VIA, THE PLATFORM IS + ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, OR CORRECT; THAT THE + PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE PLATFORM WILL BE + AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR + SECURE; THAT ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE + CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER + HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED + THROUGH THE USE OF THE PLATFORM IS SO OBTAINED AT YOUR OWN RISK, + AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR + COMPUTER SYSTEM(S) OR MOBILE DEVICE(S) AND/OR FOR LOSS OF DATA + THAT RESULTS FROM SAME OR FROM YOUR ACCESS TO AND/OR USE OF THE + PLATFORM. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION + OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO + THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. +
++ FURTHER, PROVABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, + RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE + ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE PLATFORM OR + ANY HYPERLINKED WEBSITE OR SERVICE, AND PROVABLE WILL NOT BE A + PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND + THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. +
+ ++ THE PLATFORM RELIES ON EMERGING TECHNOLOGIES. SOME ASPECTS OF + THE PLATFORM ARE SUBJECT TO INCREASED RISK THROUGH YOUR + POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY + CRYPTOGRAPHY, OR FAILING TO PROPERLY UPDATE OR RUN SOFTWARE TO + ACCOMMODATE PROTOCOL UPGRADES. BY USING THE PLATFORM, YOU + EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. YOU + REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED + ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING + CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS AND UPGRADING YOUR + SOFTWARE AND PROCESSES TO ACCOMMODATE PLATFORM AND 9 PROTOCOL + UPGRADES, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND + INTRICACIES OF DIGITAL ASSETS AND CRYPTOCURRENCIES. IN + PARTICULAR, YOU UNDERSTAND THAT WE DO NOT OPERATE ANY BLOCKCHAIN + PROTOCOL, OR COMMUNICATE OR EXECUTE PROTOCOL UPGRADES, AS WELL + AS THE DISTINCTION BETWEEN THE DEVELOPERS OF A BLOCKCHAIN + PROTOCOL AND MEMBERS OF A COMMUNITY. YOU FURTHER UNDERSTAND THAT + BLOCKCHAIN PROTOCOLS PRESENT THEIR OWN RISKS OF USE, THAT + SUPPORTING OR PARTICIPATING IN BLOCKCHAIN PROTOCOLS MAY RESULT + IN LOSSES IF YOUR PARTICIPATION VIOLATES CERTAIN PROTOCOL RULES, + THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, THAT YOUR + PRIVATE KEY AND SECRET RECOVERY PHRASE MUST BE KEPT SECRET AT + ALL TIMES, THAT PROVABLE WILL NOT STORE A BACKUP OF, NOR WILL BE + ABLE TO DISCOVER OR RECOVER, YOUR PRIVATE KEY OR SECRET RECOVERY + PHRASE, THAT DIGITALLY COPYING AND STORING YOUR SECRET RECOVERY + PHRASE ON A CLOUD STORAGE SYSTEM OR OTHER THIRD PARTY SUPPORTED + DATA STORAGE, INCLUDING YOUR PERSONAL DEVICE, MAY INCREASE THE + RISK OF LOSS OR THEFT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR + ANY APPROVALS OR PERMISSIONS YOU PROVIDE BY CRYPTOGRAPHICALLY + SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS, ESPECIALLY THOSE + RESPONDING TO SOLICITATIONS AND OTHER PROMPTS FROM THIRD + PARTIES. WITH RESPECT TO THIRD PARTIES, YOU ARE AWARE THAT + SOCIAL ENGINEERING SCAMS PERPETRATED BY MALICIOUS THIRD PARTIES + ARE A RISK AND YOU AGREE THAT YOU AND YOU ALONE ARE RESPONSIBLE + FOR TRANSACTIONS OR AGREEMENTS WITH SUCH THIRD PARTIES THAT MAY + LEAD TO INJURY. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR + VERIFYING THE LEGITIMACY OR SAFETY OR SUITABILITY OF ANY THIRD + PARTY APPLICATIONS OR TOKENS THAT YOU MAY INTERACT WITH OR + RECEIVE USING OUR PLATFORM. YOU FURTHER UNDERSTAND AND ACCEPT + THAT DIGITAL ASSETS AND CRYPTOCURRENCIES PRESENT MARKET + VOLATILITY RISK, TECHNICAL SOFTWARE RISKS, REGULATORY RISKS, AND + CYBERSECURITY RISKS. YOU UNDERSTAND THAT THE COST AND SPEED OF A + BLOCKCHAIN-BASED SYSTEM IS VARIABLE, THAT COST MAY INCREASE + DRAMATICALLY AT ANY TIME, AND THAT COST AND SPEED IS NOT WITHIN + THE CAPABILITY OF PROVABLE TO CONTROL. YOU UNDERSTAND THAT + PROTOCOL UPGRADES MAY INADVERTENTLY CONTAIN BUGS OR SECURITY + VULNERABILITIES THAT MAY RESULT IN LOSS OF FUNCTIONALITY AND + ULTIMATELY FUNDS. YOU UNDERSTAND AND ACCEPT THAT PROVABLE DOES + NOT CONTROL ANY BLOCKCHAIN PROTOCOL, NOR DOES PROVABLE CONTROL + ANY PROGRAM THAT IS NOT OTHERWISE OFFERED BY PROVABLE AS PART OF + THE PLATFORM AND IS NOT ITSELF A THIRD PARTY SERVICE. YOU + UNDERSTAND AND ACCEPT THAT PROVABLE DOES NOT CONTROL AND IS NOT + RESPONSIBLE FOR THE TRANSITION OR THE FUNCTIONING OF ANY + BLOCKCHAIN PROTOCOL AFTER IT UNDERGOES A TECHNICAL UPGRADE. YOU + AGREE THAT YOU ALONE, AND NOT PROVABLE, IS RESPONSIBLE FOR ANY + TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO SUPPORTING ANY + BLOCKCHAIN PROTOCOL, OR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH + ANY PROGRAM OR TOKEN. YOU AGREE THAT PROVABLE IS NOT RESPONSIBLE + FOR THE REGULATORY STATUS OR TREATMENT IN ANY JURISDICTION OF + ANY DIGITAL ASSETS OR CRYPTOCURRENCIES THAT YOU MAY ACCESS OR + TRANSACT WITH USING THE PLATFORM. YOU EXPRESSLY ASSUME FULL + RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE + PLATFORM TO INTERACT WITH BLOCKCHAIN PROTOCOLS. +
++ UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER + JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF AND/OR LIMITATIONS + ON CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND/OR + LIMITATIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC + LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY + FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, + AND LIMITATIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT + PROHIBITED BY APPLICABLE LAW. +
++ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT + WILL ANY PROVABLE INDEMNITEE BE LIABLE FOR ANY INDIRECT, + PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY + DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF + PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, + ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, + THE PLATFORM OR ANY PORTION THEREOF. UNDER NO CIRCUMSTANCES WILL + WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM + HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF + THE PLATFORM OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED + THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE + ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, + MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR + PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR + ACCESS TO OR USE OF THE PLATFORM; (C) ANY UNAUTHORIZED ACCESS TO + OR USE OF THE SERVERS RUNNING THE PLATFORM AND/OR ANY AND ALL + PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR + CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (E) ANY BUGS, + VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO + OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (F) ANY ERRORS OR + OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A + RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, + OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; AND/OR (G) + YOUR DATA, ANY USER CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR + ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL ANY + PROVABLE INDEMNITEE BE LIABLE TO YOU FOR ANY CLAIMS, + PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS + IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR + ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER. THIS + LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED + LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT + LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF + THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW + THE EXCLUSION OF AND/OR LIMITATIONS ON INCIDENTAL OR + CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR + LIMITATIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC + LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY + FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, + AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO + THE EXTENT PROHIBITED BY APPLICABLE LAW. +
++ 13.1 Governing Law. You agree that: (a) the Platform will be + deemed solely based in the State of Delaware; and (b) the + Platform will be deemed a passive one that does not give rise to + personal jurisdiction over us, either specific or general, in + jurisdictions other than Delaware. These Terms will be governed + by the internal substantive laws of the State of Delaware, + without respect to its conflict of laws principles. The parties + acknowledge that these Terms evidence a transaction involving + interstate commerce. Notwithstanding the preceding sentences + with respect to the substantive law governing these Terms, the + Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be + amended, “FAA”) governs the interpretation and enforcement of + the Arbitration Agreement below and preempts all state laws (and + laws of other jurisdictions) to the fullest extent permitted by + Applicable Law. If the FAA is found to not apply to any issue + that arises from or relates to the Arbitration Agreement, then + that issue will be resolved under 11 and governed by the law of + the U.S. state where you live (if applicable) or the + jurisdiction mutually agreed upon in writing by you and us. The + application of the United Nations Convention on Contracts for + the International Sale of Goods is expressly excluded. You agree + to submit to the exclusive personal jurisdiction of the federal + and state courts located in Delaware for any actions for which + we retain the right to seek injunctive or other equitable relief + in a court of competent jurisdiction to prevent the actual or + threatened infringement, misappropriation, or violation of our + data security, Confidential Information, or Intellectual + Property Rights, as set forth in the Arbitration Agreement + below, including any provisional relief required to prevent + irreparable harm. You agree that Delaware is the proper and + exclusive forum for any appeals of an arbitration award, or for + trial court proceedings in the event that the Arbitration + Agreement below is found to be unenforceable. These Terms were + drafted in the English language and this English language + version of the Terms is the original, governing instrument of + the understanding between you and us. In the event of any + conflict between the English version of these Terms and any + translation, the English version will prevail. +
+ ++ Agreement (a) General. READ THIS SECTION CAREFULLY BECAUSE IT + REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE + MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration + Agreement applies to and governs any dispute, controversy, or + claim between you and us that arises out of or relates to, + directly or indirectly: (i) these Terms, including the + formation, existence, breach, termination, enforcement, + interpretation, validity, and enforceability thereof; (ii) + access to or use of the Platform, including receipt of any + advertising or marketing communications; (iii) any transactions + through, by, or using the Platform; or (iv) any other aspect of + your relationship or transactions with us, directly or + indirectly, as a User or consumer (each, a “Claim,” and, + collectively, “Claims”). This Arbitration Agreement will apply, + without limitation, to all Claims that arose or were asserted + before or after your consent to these Terms. +
+(b) Opting Out of + Arbitration Agreement. If you are a new User, you can reject and + opt out of this Arbitration Agreement within thirty (30) days of + accepting these Terms by emailing us at legal@provable.com with + your full, legal name and stating your intent to opt out of this + Arbitration Agreement. Opting out of this Arbitration Agreement + does not affect the binding nature of any other part of these + Terms, including the provisions regarding controlling law or the + courts in which any disputes must be brought.
+(c) + Dispute-Resolution Process. For any Claim, you will first + contact us at legal@provable.com attempt to resolve the Claim + with us informally. In the unlikely event that we have not been + able to resolve a Claim after sixty (60) days, we each agree to + resolve such Claim exclusively through binding arbitration by + JAMS before a single arbitrator (the “Arbitrator”), under the + Optional Expedited Arbitration Procedures then in effect for + JAMS (the “Rules”), except as provided herein. JAMS may be + contacted at www.jamsadr.com, where the Rules are available. In + the event of any conflict between the Rules and this Arbitration + Agreement, this Arbitration Agreement will control. The + arbitration will be conducted in the U.S. county where you live + (if applicable) or Sussex County, Delaware, unless you and + Provable agree otherwise. If you are using the Platform for + commercial purposes, each party will be responsible for paying + any JAMS filing and administrative fees and Arbitrator fees in + accordance with the Rules, and the award rendered by the + Arbitrator will include costs of arbitration, reasonable + attorneys’ fees, and reasonable costs for expert and other + witnesses. If you are an individual using the Platform for + non-commercial purposes: (i) JAMS may require you to pay a fee + for the initiation of your case, unless 12 you apply for and + successfully obtain a fee waiver from JAMS; (ii) the award + rendered by the Arbitrator may include your costs of + arbitration, your reasonable attorneys’ fees, and your + reasonable costs for expert and other witnesses; and (iii) you + may sue in a small claims court of competent jurisdiction + without first engaging in arbitration, but this would not + absolve you of your commitment to engage in the informal dispute + resolution process. Any judgment on the award rendered by the + Arbitrator may be entered in any court of competent + jurisdiction. You and we agree that the Arbitrator, and not any + federal, state, or local court or agency, will have exclusive + authority to resolve any disputes relating to the scope, + interpretation, applicability, enforceability, or formation of + this Arbitration Agreement, including any claim that all or any + part of this Arbitration Agreement is void or voidable. The + Arbitrator will also be responsible for determining all + threshold arbitrability issues, including issues relating to + whether these Terms are, or whether any provision of these Terms + is, unconscionable or illusory, and any defense to arbitration, + including waiver, delay, laches, unconscionability, and/or + estoppel.
+(d) Equitable Relief. NOTHING IN THIS ARBITRATION + AGREEMENT WILL BE DEEMED AS: PREVENTING US FROM SEEKING + INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS + NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, + MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, + CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS; OR + PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, + PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER + REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL + (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS. +
+(E) + Severability. If this Arbitration Agreement is found to be void, + unenforceable, or unlawful, in whole or in part, the void, + unenforceable, or unlawful provision, in whole or in part, will + be severed. Severance of the void, unenforceable, or unlawful + provision, in whole or in part, will have no impact on the + remaining provisions of this Arbitration Agreement, which will + remain in force, or on the parties’ ability to compel + arbitration of any remaining Claims on an individual basis + pursuant to this Arbitration Agreement. Notwithstanding the + foregoing, if the Class Action/Jury Trial Waiver below is found + to be void, unenforceable, or unlawful, in whole or in part, + because it would prevent you from seeking public injunctive + relief, then any dispute regarding the entitlement to such + relief (and only that relief) must be severed from arbitration + and may be litigated in a civil court of competent jurisdiction. + All other claims for relief subject to arbitration under this + Arbitration Agreement will be arbitrated under its terms, and + the parties agree that litigation of any dispute regarding the + entitlement to public injunctive relief will be stayed pending + the outcome of any individual claims in arbitration.
+ +13.3 + Class Action/Jury Trial Waiver. + BY ENTERING INTO THESE TERMS, + YOU AND PROVABLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY + OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, + COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER + REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS + MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATUAL PERSONS + AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED + THE PLATFORM FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS + CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, + AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT + CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND + PROVABLE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN + INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE + RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT + AFFECT OTHER USERS. + +
+To the + extent the Platform is being used by or on behalf of the U.S. + Government, the Platform will be deemed commercial computer + software or commercial computer software documentation (as + applicable). Accordingly, if you are an agency of the U.S. + Government or any contractor therefor, you receive only those + rights with respect to the Platform as are granted to all other + Users hereunder, in accordance with 48 C.F.R. §227.7202 and 48 + C.F.R. §12.212, as applicable. + +
+You understand and acknowledge that + the Platform may be subject to export control laws and + regulations. You will comply with all applicable import and + export and re-export control and trade and economic sanctions + laws and regulations, including the Export Administration + Regulations maintained by the U.S. Department of Commerce, trade + and economic sanctions maintained by the U.S. Treasury + Department’s Office of Foreign Assets Control (“OFAC”), and the + International Traffic in Arms Regulations maintained by the U.S. + State Department. You represent and warrant that: + +
(a) You will + not access the Platform from any country, region, territory or + jurisdiction that is the target of comprehensive territorial or + embargo-like sanctions administered by OFAC (each such country, + region, territory or jurisdiction a “Sanctioned Country”), + which, as of the time of this Agreement, are Crimea, Cuba, Iran, + North Korea, Syria, the so-called Donetsk People’s Republic, and + the so-called Luhansk People’s Republic; +
+ +(b) You will not + provide access to the Platform to any person that is, or that is + owned or controlled by a person that is, the target of any + sanctions administered or enforced by OFAC or the U.S. + Department of State,(collectively, “Sanctions”) or that is + located, organized or resident in any Sanctioned Country; +
+(c) + None of you, your subsidiaries, directors, officers, employees, + agents or affiliates is a person that is, or is owned or + controlled by persons that are, the target of any Sanctions; +
+(d) + None of you, your subsidiaries, directors, officers, employees, + agents or affiliates are located, organized, or resident in, or + owned or controlled by persons that are located, organized or + resident in a Sanctioned Country; 14 +
+(e) You will not utilize + the Platform in any manner that, directly or directly, conducts, + facilitates, funds or otherwise engages in activities with any + person that is the target of Sanctions or is located, organized + or resident in a Sanctioned Country or in any other manner that + would result in a violation of Sanctions by any person, + including Provable; +
+(f) You will not utilize the Platform in any + manner that, directly or indirectly, conducts, facilitates, + funds or otherwise engages in any money laundering or terrorist + financing activities or business or in any other manner that + would result in a violation by any person, including Provable, + of any applicable law, rule or regulation of any jurisdiction + concerning or relating to anti-money laundering, including the + USA PATRIOT Act of 2001, as amended (“Anti-Money Laundering + Laws”); and +
(g) You have conducted and will conduct all + activities generating funds, assets or other items of value + introduced to the Platform in compliance with applicable + Anti-Money Laundering Laws and Sanctions. +
+ +16.1 Assignment. These Terms, and any rights and licenses + granted hereunder, may not be transferred or assigned by you + without our prior express written consent, but may be assigned + by us without restriction. Any attempted transfer or assignment + in violation hereof will be null and void. +
+ +16.2 Notification + Procedures and Changes to these Terms. We may provide + notifications, whether such notifications are required by + Applicable Law or are for marketing or other business-related + purposes, to you via email notice or written or hard copy + notice, or through posting of such notice on the Platform, as we + determine, in our sole discretion. We reserve the right to + determine the form and means of providing notifications to + Users, provided that you may opt out of certain means of + notification, as required under Applicable Law or as described + in these Terms. We are not responsible for any automatic + filtering you or your network provider may apply to email + notifications we send to the email address you provide us. We + may, in our sole discretion, modify or update these Terms from + time to time, and so you should review this page periodically. + When we change these Terms in a material manner, we will update + the ‘last modified’ date at the top of this page and notify you + that material changes have been made to these Terms. These Terms + apply to and govern your access to and use of the Platform + effective as of the start of your access to the Platform, even + if such access began before publication of these Terms. Your + continued use of the Platform after any change to these Terms + constitutes your acceptance of the new Terms of Use. If you do + not agree to any part of these Terms or to any future Terms of + Use, do not access or use (or continue to access or use) the + Platform. +
+16.3 Entire Agreement; Severability. These Terms, + together with any amendments and any additional agreements you + may enter into with us in connection with the Platform, will + constitute the entire agreement between you and us concerning + the Platform. Any statements or comments made between you and + any of our employees or representatives are expressly excluded + from these Terms and will not apply to you or us, or to your + access to or use of the Platform. Except as otherwise stated in + the Arbitration Agreement, if any provision of these Terms is + deemed invalid by a court of competent jurisdiction, the + invalidity of such provision will not affect the validity of the + remaining provisions of these Terms, which will remain in full + force and effect. +
+16.4 Interpretation. For purposes of these + Terms, (a) the words “include,” “includes” and “including” are + deemed to be followed by the words “without limitation”; (b) the + word “or” is not exclusive; 15 and (c) the words “herein,” + “hereof,” “hereto” and “hereunder” refer to these Terms as a + whole. These Terms shall be construed without regard to any + presumption or rule requiring construction or interpretation + against the party drafting an instrument or causing any + instrument to be drafted. Whenever the masculine is used in this + Agreement, the same shall include the feminine and whenever the + feminine is used herein, the same shall include the masculine, + where appropriate. Whenever the singular is used in this + Agreement, the same shall include the plural, and whenever the + plural is used herein, the same shall include the singular, + where appropriate. +
+16.5 No Waiver. No waiver of any term of + these Terms will be deemed a further or continuing waiver of + such term or of any other term, and our failure to assert any + right or provision under these Terms will not constitute a + waiver of such right or provision. +
16.6 California Residents. + The provider of the Platform is: Provable Inc., 5470 Kietzke + Lane, STE 300, Reno, NV 89511. If you are a California resident, + in accordance with Cal. Civ. Code §1789.3, you may report + complaints to the Complaint Assistance Unit of the Division of + Consumer Services of the California Department of Consumer + Affairs by contacting it in writing at 1625 North Market Blvd., + Suite N 112 Sacramento, CA 95834, or by telephone at (800) + 952-5210 or (916) 445-1254. +16.7 Contact. If you have any + questions about these Terms and/or the Platform, please contact + us at termsofuse@provable.com. +
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