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Terms of Service
Acceptance of the Terms of Service
These Terms of Service are entered into by and between you, an individual user or site visitor, whether personally or on behalf of an entity (“user,” “you,” “your”) and The HBAR Foundation and any of its subsidiaries (“Company,” “we,” or “us”). The following terms and conditions (“Terms of Service”) govern your access to and use of the Company’s website located at www.hbarfoundation.org, including any content, functionality, and services offered on or through www.hbarfoundation.org (“Website”).
Please read the Terms of Service carefully before you start to use the Website. By using the Website, you accept and agree to be bound by and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the Website.
Please refer to the Company’s Privacy Policy, available at https://www.hbarfoundation.org/privacy-policy, for information about how we collect, use, share, and otherwise process information about you.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in these Terms of Service will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you. As long as you comply with these Terms of Service, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. You are responsible for making all arrangements necessary for you to have access to the Website.
Grant Program
The Company operates a grant program under which it provides funding to certain qualified entrepreneurs, builders, and/or creators (“Program”). You can submit an application for funding through the Program on the Website (“Application”). By submitting an Application, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not submit an Application.
The Company has the right to cancel or postpone the Program in full or in part for any reason without any liability. Without prejudice to any other right or remedy of the Company, you may be excluded from the Program if you fail to comply with these Terms of Service.
The information you provide to the Company in any Application shall be complete, accurate, and reliable and shall not violate the rights of third-parties, including intellectual property rights.
Providing funding under the Program is the right, but not the obligation of the Company. Nothing in these Terms of Service or during the Application process shall constitute any obligation on the part of the Company to enter into any future agreement or relationship with you. You acknowledge and agree that by submitting an Application and going through the Application process does not bind the Company in any way and does not provide you with a reasonable expectation of funding. The Company is not bound or obligated to provide you with any funding under the Program except under the terms set forth in a written and fully-executed grant agreement between you and the Company.
Intellectual Property Rights
The Website and its entire contents, features, and functionality, including but not limited to, all information, software, text, graphics, music, computer code, displays, images, video, and audio, and the design, selection, and arrangement thereof (“Content”) are owned by the Company, its licensors, or other providers of such material and are protected by trade dress, copyright, patent, and trademark laws, and other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Service, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.
Trademarks
The Company name “The HBAR Foundation,” the Company design, our Website names and logos, and all related names, logos, product and service names, designs, and slogans are trademarks (“Marks”) of the Company or its affiliates or licensors. You must not use such Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Changes to the Website
We may update the information on this Website from time to time, but the information thereon is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links from the Website
If the Website contains links to other sites and resources provided by third-parties (“Third-Party Linked Websites”), these links are provided for your convenience only. These links include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of Third-Party Linked Websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Linked Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Linked Websites.
Disclaimers
THE COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY OF THE COMPANY’S SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
The Company has the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to indemnify and hold the Company, its officers, directors, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third-party due to or arising out of or in connection with your use of the Website and/or your violation of these Terms of Service.
Governing Law; Jurisdiction; Dispute Resolution
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Cayman Islands without giving effect to any choice or conflict of law provision or rule.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms of Service, including the determination of the scope or applicability of this agreement to arbitrate, directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (the “Rules”), except the Parties will have the right to file early or summary dispositive motions and to request that JAMS’s Expedited Procedures apply regardless of the claim amount. The arbitration shall be seated in New York, New York and shall be heard in the English language and determined by a sole arbitrator to be appointed in accordance with the Rules. Any award or decision made by the arbitrator shall be in writing and shall be final and binding on the Parties, and judgment upon any award thus obtained may be entered in or enforced by any court having jurisdiction thereof. You waive any and all objections to the exercise of jurisdiction over you by JAMS and to such courts and to venue in such courts.
ANY ARBITRATION WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MULTI-PARTY ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. If, however, the waiver of class, consolidated, or multi-party actions set forth above in the “Governing Law; Jurisdiction; Dispute Resolution” section is deemed invalid or unenforceable, neither you nor the Company is entitled to arbitration.
Entire Agreement
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Headings
The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:legal@hbar.fund. Any such information you provide shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis.