Aragon Association, Bahnhofstrasse 20, Zug, Switzerland
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Please read these Terms and Conditions of Service carefully before using the Services provided by the Aragon Association. By accessing the Services provided in the Aragon sites you expressly agree to the Terms and Conditions of the Services herein and with the use of the Services according to the Law.
You agree and acknowledge that the use of the Services is made solely at your own risk and responsibility and that Aragon bares no responsibility or liability for your use of the Services including, without limitation, for any harm, loss, or damages arising from incorrect use of the Services, including constructed transactions, network and technical failures, unauthorized access to any user wallets, legal and regulatory matters and consequences, or fraud conducted by third parties. You agree and acknowledge that you will not use the Services (i) in a manner that violates any applicable law or regulation; (ii) to fund terrorism or other criminal activity; (iii) to circumvent any export restrictions or economic sanctions; or (iv) to engage in unlawful money transmission, currency exchanging, or money laundering. Please note that you may not be eligible to use the services if you are restricted or prohibited by any applicable laws and regulations.
There are certain risks, associated with the use of the Services as well as purchasing, owning and using Tokens for the provision or receipt of Services.
By purchasing these Tokens, you acknowledge that you have read these Terms, and you agree to assume these risks. You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism you use to receive and hold Tokens purchased, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your Tokens.
Aragon is not responsible for any losses, costs or expenses relating to lost access credentials. If it is your intention to request to purchase Tokens you must execute the payment to the multi-signature address specified. If you make payment to any other address or entity which is not specified by Aragon, you agree and acknowledge that such payments will not be received, and Aragon shall not be under any obligation whatsoever to deliver any Tokens to you. Aragon shall have no obligations in any form or whatsoever to you in respect of such payment. Aragon reserves the right not to deliver any Token until the purchase request has been received in full and the amount quoted for your Purchase Request, ie, the Purchase Price has been fully paid. Aragon reserves the right to void your Purchase Request and refuse your payment of the Purchase Price. For the avoidance of doubt, the Purchase Price will be deemed to be paid in full once Aragon has received three network confirmations of the transaction. Aragon reserves the right, in its sole and absolute sole discretion, to modify any of the timelines described herein to account for network congestion or other technical challenges.
Aragon will not be held responsible if any amount is received from an incompatible wallet or Smart Contract account resulting in “lost” tokens that cannot be withdrawn from the account. All Token purchases from Aragon are final, and there shall be no refunds or cancellations, except as may be required by applicable law or regulation or unless expressly agreed in writing by Aragon. To the extent permitted by the applicable laws, all risks in relation to any refund of payment made during the Token Sale shall be borne absolutely by you solely. Aragon reserves the right to refuse or cancel Token Purchase Requests at any time in its sole and absolute discretion. Please acknowledge that any amounts that you pay for Tokens are exclusive of all applicable taxes. Determining what, if any, taxes apply to your purchase of Tokens, including, for example, sales, use, value added, and similar taxes is your sole responsibility. It is also your entire responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. Aragon is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from your purchase of Tokens.
The purpose of the Tokens is to be used in a blockchain platform developed by Aragon for the rendering of the Services in the Aragon Network.
The purchase, ownership, receipt or possession of Tokens carries no rights, express or implied, other than the right to use Tokens as a means to enable usage of and interaction with the Aragon Network, if successfully completed and deployed. In particular, you understand and accept that Tokens: (i) do not represent or confer any ownership right or stake, share, security, or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to the Ecosystem and/or the Aragon and/or any of its corporate affiliates, and (ii) only carry rights relating to the provision and receipt of Services in a Ecosystem, subject to limitations and conditions in these Terms. The Tokens are not and are not intended to be a digital currency, security, commodity or any kind of financial instrument.
Aragon reserves the right to migrate the Tokens to another protocol in the future should Aragon determine, in its reasonable discretion, that doing so is necessary or useful to the operation of the Ecosystem.
The Tokens are not being structured or sold as securities or any other form of investment product. The information provided is not intended to form the basis for any investment decision, and no specific recommendations. Aragon rejects any responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information provided, (ii) any error, omission or inaccuracy in any such information; or (iii) any action resulting from such information.
By purchasing, owning, and using Tokens, you expressly acknowledge and assume the risks concerning losing access to tokens due to loss of Private Key(s), Custodial Error or Purchaser Error and risks related with the Protocol; Risk of Mining Attacks; Risk of Hacking and Security Weaknesses; Risks Associated with Markets for Tokens; Risk of Uninsured Losses; Risks Associated with Uncertain Regulations and Enforcement Actions; Risks Arising from Taxation; Risk of Competing platforms; Risk of Insufficient Interest in the platform or Distributed Applications; Risks Associated with the Development and Maintenance of the platform; Risk of an Unfavorable Fluctuation of ETH or BTC Value; Risk of Dissolution of the Aragon or platform; Risks Arising from Lack of Governance Rights and Unanticipated Risks.
The Services may refer to sites, services, and resources provided by third parties. Aragon makes no representation or warranties of any kind regarding any site, service, or resource provided by a third party, including, without limitation, any representations or warranties regarding its accuracy, completeness, usefulness, security, or legitimacy. Aragon has no control over third party sites, services, and resources, and is not responsible for any harm, loss, or damage that may arise from your use of them. If you decide to access any of the third party sites, services, or resources, you do so entirely at your own risk and subject to the terms and conditions for such sites, services, or resources.
In order to use the services you may be required to register at Aragon’s platform and provide the necessary information requested by Aragon for the purpose of verifying your identity according to the law. Aragon may determine, in its sole discretion, that it is necessary to obtain certain information about you in order to comply with applicable laws or regulations to release to you. By using the Services you agree to provide Aragon such information promptly upon request.
Please consult Aragon Privacy Policy at aragon.org/privacy-policy
You represent and warrant and covenant that:
(a) you have read and understood these Terms and Conditions;
(b) YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH THE SERVICES AND ACQUISITION OF TOKENS, OWNING TOKENS AND USING TOKENS FOR THE PROVISION OR RECEIPT OF SERVICES IN THE ECOSYSTEM INCLUDING (BUT NOT NECESSARILY LIMITED TO) THE RISKS DESCRIBED ABOVE;
(c) you have a sufficient understanding of technical and business matters (including those that relate to the Services) cryptographic tokens, token storage mechanisms (such as token wallets), and blockchain technology to understand these Terms and to appreciate the risks and implications of purchasing the Tokens;
(d) you understand the restrictions and risks associated with the creation of Tokens as set forth herein, and acknowledges and assumes all such risks;
(e) you have obtained sufficient information about the Tokens, the Services and the Ecosystem to make an informed decision to purchase the Tokens;
(f) you understand that the Tokens confer only the right to provide and receive Services in the Ecosystem, and confer no other rights of any form with respect to the Ecosystem or Aragon, including, but not limited to, any ownership, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights;
(g) you are purchasing Tokens solely for the purpose of receiving Services, participating in the Aragon Project, and supporting the development, testing, deployment and operation of the Aragon Project, being aware of the commercial risks associated with the Aragon Project, and you are not purchasing Tokens for any other purposes, including, but not limited to, any investment, speculative or financial purpose;
(h) your purchase of Tokens complies with applicable laws and regulations in your jurisdiction, including, but not limited to: (i) legal capacity and any other threshold requirements in your jurisdiction for the purchase of the Tokens and entering into contracts with the Aragon; (ii) any foreign exchange or regulatory restrictions applicable to such purchase; and (iii) any governmental or other consents that may need to be obtained;
(i) you will comply with any applicable tax obligations in your jurisdiction arising from your purchase of Tokens;
(j) if you are purchasing Tokens on behalf of any entity, you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity (references to “ you ” in these Terms refer to you and such entity, jointly);
(k) you are not resident, domiciled, or purchasing Tokens from a jurisdiction that prevents the acquisition of Tokens.
(l) you have obtained independent legal advice with respect to same before accepting these Terms, and, in accepting these Terms, you further represent and warrant to Aragon that you have been so advised to obtain independent legal advice, and that prior to accepting these Terms you have obtained independent legal advice, or have, in your discretion, knowingly and willingly elected not to do so;
(m) you are not a citizen or resident of a geographic area in which access to or use of the Services or the acceptance of delivery of the Tokens is prohibited by applicable law, decree, regulation, treaty or administrative act, and if your country of residence or other circumstances change such that the above representations are no longer accurate, you will immediately cease using the Services;
(n) If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that: (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf; and
(o) None of the funds being used to purchase the Tokens are to the your knowledge proceeds obtained or derived directly or indirectly as a result of illegal activities, and the funds being used to purchase the Tokens which will be advanced by you under these Terms will not represent proceeds of crime as per the anti-money laundering and countering the financing of terrorism (AML/CFT) and you acknowledge that Aragon may in the future be required by law to disclose your name and other information relating to these Terms, on a confidential basis, pursuant to the (AML/CFT), and to the best of the your knowledge, none of the funds to be provided by you to Aragon are being tendered on behalf of a person or entity who has not been identified to you, and you will promptly notify Aragon if you discover that any of such representations cease to be true, and will promptly provide the Company with all necessary information in connection therewith.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Aragon and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Company Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your purchase or use of Tokens; (ii) your responsibilities or obligations under these Terms; (iii) your violation of any of these Terms; or (iv) your violation of any rights of any other person or entity. Aragon reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this Section. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any written agreement between you and Aragon.
To the fullest extent permitted by applicable law and except as otherwise specified in writing by aragon: (i) the tokens are sold on an “as is” and “as available” basis without warranties of any kind, and aragon expressly disclaims all implied warranties as to the tokens, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement; (ii) aragon does not represent or warrant that the tokens are reliable, current or error-free, meet your requirements, or that defects in the tokens will be corrected; and (iii) aragon cannot and does not represent or warrant that the tokens or the delivery mechanism for tokens are free of viruses or other harmful components.
These Terms do not constitute a prospectus, an offer document of any sort, or are intended to constitute an offer of securities, or a solicitation for investment in securities in any jurisdiction. If you decide to participate and purchase Tokens, please note that your contribution does not represent, constitute or involve the exchange of cryptocurrencies for any form of securities, investment units and/or form of ordinary shares in the project, in any platform, in Aragon, or any other related company.
The Tokens are not intended to constitute securities and/or collective investment units in any project, platform or company. The token holder does not receive any form of dividend or other revenue rights, nor it represents any participation in a profit-sharing scheme.
These Terms and Conditions in any part thereof and any copy thereof must not be transmitted to any country where distribution or dissemination of these documents and its information is prohibited or restricted. No regulatory authority has examined or approved to this date of any of the information set out in this document. The publication, distribution or dissemination of these terms do not imply that the applicable laws, regulatory requirements or rules have been complied with.
To the maximum extent permitted by the applicable laws, regulations and rules, Aragon, its founders, team members and any third party involved in the project shall not be liable for any direct, indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any acceptance of or reliance on these Terms, or any part thereof and/or information provided on the web page https://aragon.org/en/network/
All statements contained in these Terms, webpage, statements made in press releases or in any place accessible by the public and oral statements that may be made by Aragon, its founders, team members and any third party involved in the project and acting on behalf of Aragon, that are not statements of historical fact constitute “forward-looking statements”.
All statements regarding the company, financial position, business strategies, plans and prospects and the prospects of the industry which Aragon is in are “forward-looking statements.”
Neither Aragon, its founders, team members, any third party involved in the project nor any other person represents, warrants and/or undertakes that the actual future results, performance or achievements of Aragon will be as discussed in these “forward-looking statements.”
No information in these Terms should be considered to be business, legal, financial or advice regarding contribution or participation to the development of the Aragon Network and any of its projects.
Aragon does not make or intends to make, and hereby disclaims, any representation, warranty or undertaking in any form whatsoever to any entity or person, including any representation, warranty or undertaking in relation to the truth, accuracy, and completeness of any of the information set out in these Terms.
The information contained on these terms and conditions are of descriptive nature only.
To the fullest extent permitted by applicable law: (i) in no event will the aragon or any of the company parties be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the sale or use of the tokens or otherwise related to these terms, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable); and (ii) in no event will the aggregate liability of Aragon and aragon parties (jointly), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms or the use of or inability to use the tokens, exceed the amount you paid to aragon for the tokens.
To the fullest extent permitted by applicable law, you release Aragon and the other Aragon Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Any claims, disputes and controversies arising out of these Terms or in connection with the access or use of Aragon Court shall be settled in the Aragon Court following the dispute process established herein.
Notwithstanding the above, if a party wished to bring such a claim, dispute or controversy in court, it shall do so in the Court of the city of Zug (Switzerland) and these Terms shall be governed by and construed and enforced in accordance with the laws of Switzerland. However, we retain the right to bring any suit, action or proceeding against You in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any Dispute arising out of or related to these Terms is personal to you and Aragon and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
These Terms (and the documents referred to herein) constitute the entire agreement between you and Aragon relating to your purchase of Tokens. Aragon may assign rights and obligations under these Terms. Aragon’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
Aragon will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond the Aragon’s reasonable control.
Purchasing Tokens from Aragon does not create any form of partnership, joint venture, or any other similar relationship between you and Aragon. Except as otherwise provided in herein, these Terms are intended solely for the benefit of you and Aragon and are not intended to confer third-party beneficiary rights upon any other person or entity.
You agree and acknowledge that all agreements, notices, disclosures, and other communications that the Aragon provides to you, including these Terms, will be provided in electronic form.
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