✍️Terms of Service
These Terms and Conditions, along with any documents referenced herein (collectively referred to as "Terms"), apply to you as an individual or the entity you represent ("you" or "your"). These Terms outline the conditions governing your access to LODE ("the Site"). If you do not agree with any section of these Terms, you shall not use the Site.
USE OF THE SITE
LODE serves solely as an informational site for Message Data only. “Message Data” means instructions or messages entered into, transmitted through, or made available on the Site.
LODE does not operate an exchange platform or offer any trade execution or clearing services and has no oversight, involvement, or control concerning your transactions using the Site. All transactions between users of the Site are executed peer-to-peer directly between the users' blockchain addresses through third-party developed and deployed smart contracts.
LODE is not part of any transaction on the blockchain networks underlying the Site; we do not have possession, custody, or control over any crypto assets appearing on the Site; and we do not have possession, custody, or control over any user's funds. Further, we do not store, send, or receive any crypto assets. You understand that when you interact with any underlying third-party smart contracts, you always retain control over your crypto assets.
Accessing the Platform may necessitate the creation of an account through a third-party service, requiring you to provide accurate and complete information. At no point does LODE collect, verify, authorize, or validate the information associated with the creation or use of these accounts. The responsibility of maintaining the confidentiality of your account credentials, including but not limited to email, username, and password, rests solely with you. You are also accountable for all activities occurring under your account. In the event of any unauthorized access or security breach related to your account, you are obliged to notify LODE promptly. However, it is important to emphasize that LODE bears no responsibility for the management or security of any third-party login methods and associated account information.
1.1. To access or use the Site, you hereby affirm the following to LODE:
If accessing as an individual, you confirm that you have reached the legal age in your residing jurisdiction and possess the legal capacity to agree and comply with these Terms;
If accessing as an entity, you assert that you are authorized to accept and adhere to these Terms on behalf of the entity, and all references to "you" will be directed to said entity;
You have the legal and jurisdictional capacity to use the Site and to transmit or receive Message Data through the Site.
Your use of the Site complies and will comply with:
all applicable Laws;
the policies and practices of any securities, futures, and/or digital asset exchange regulatory organizations applicable to you and to Message Data entered by you through the Site, and
You have all consents, rights, authority and have taken all actions necessary, to use the Site and to transmit or receive Message Data through the Site, as set forth herein.
You are not a U.S. Person;
You are not a resident, citizen, or representative of any country facing embargoes or similar sanctions imposed by the United States, United Kingdom, or European Union. (collectively, "Restricted Territories");
You are not subject to economic or trade sanctions administered or enforced by any governmental authority; or otherwise, you are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations, including without limitation the U.S. Office of Foreign Asset Control Specifically Designated Nationals and Blocked Person List (collectively, "Sanctions Lists Persons");
You have no intentions to engage in transactions with individuals or entities residing in Restricted Territories or listed on Sanctions Lists;
You shall not employ VPNs, anonymization tools, or any other means to bypass or evade applicable restrictions or regulations; and
Your access is not (a) prohibited by and does not otherwise violate or assist you in violating any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, letter, or another directive, requirement, guidance, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, letter, order, judgment, directive or other requirements, guidance, or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over LODE or you as otherwise duly enacted, enforceable by law, the common law or equity (collectively, "Applicable Laws"); or (b) contribute to or facilitate any illegal activity.
1.2. As a condition to accessing or using the Site, you acknowledge, understand, and agree to the following:
From time to time, the Site may be inaccessible or inoperable for any reason, including, but not limited to: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that LODE or any of its suppliers or contractors may undertake from time to time; (c) causes beyond LODE's control or that LODEcould not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;
LODE retains the right to modify or disable access to the Site in the case of a breach of these Terms or if we have grounds to suspect that your representations are incorrect or misleading. We will not be held liable for any loss or damage arising from such actions;
The Site may evolve, which means third parties may apply changes, replace, or discontinue (temporarily or permanently) the access at any time in their sole discretion;
The pricing information provided on the Site does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with LODE;
No Brokerage Relationship with LODE; No Responsibility for Message Data. You acknowledge and agree that:
LODE is not now, and shall not be a party to, the executing broker-dealer for or exchange for, any orders or transactions that result from Message Data that you send through the Site;
although the System may transmit the Message Data that you send through the Site, LODE is not providing any service of dealing in (whether buying or selling) any products and is not accepting any orders for execution and is not responsible for the execution of any orders;
LODE is not responsible for any party to any transaction resulting from the transmission of Message Data;
LODE is not providing any advice (including investment related advice or the advisability of trading) to you and
LODE has no obligation to accept or transmit all or any part of any Message Data that is sent through the Site. Without limitation of the foregoing, LODE has no responsibility for transmissions that are inaccurate, are not received or are delayed by the Site. For the avoidance of doubt, you are not a brokerage customer of LODE.
You are solely responsible for your use of the Site, including every digital asset transfer you initiate or receive;
To the fullest not prohibited by Applicable Law, we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
You are solely responsible for reporting and paying any taxes applicable to your use of the Site; and
We have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any digital assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so. If you experience a problem with any transactions in digital assets using the Site, you bear the entire risk.
2. TRANSACTION FEES
You are required to pay all fees for transactions involving certain blockchain networks. These fees may include gas costs and all other fees reflected on the Site at your use, including trading-related fees. LODE does not receive fees for any blockchain transactions or using the Site.
3. DISCLAIMER OF PROFESSIONAL ADVICE OR FIDUCIARY DUTIES
The content and information provided on the Site are not to be interpreted as legal, financial, business, or tax advice. We strongly encourage users to seek professional consultation before participating in activities related to the provided information. The Site's content is meant for informational purposes and is not to be considered as professional counsel. Users should not base their actions, or refrain from action, on the information found on the Site or any other content provided by us, including but not limited to blog posts, articles, third-party content links, Discord content, news feeds, tutorials, tweets, and videos. These Terms do not establish or entail any fiduciary duties on our part.
4. PROPRIETARY RIGHTS
4.1. LODE own all rights, names, logos, and other marks used on the Site and the Site, including, without limitation, any copyrights in and to any content, code, data, or other materials that you may access or use on or through the Site, your use of or access to the Site does not grant you any ownership or other rights therein.
4.2. LODE may use and share your comments, bug reports, ideas, or other feedback that you may provide, including suggestions about how we might improve. You agree that LODE is free to use or not use any feedback we receive from you as we see fit, including copying and sharing such feedback with third parties, without any obligation to you.
5. MODIFICATION, SUSPENSION, AND TERMINATION
5.1. LODE reserve the right, at our sole discretion, from time to time and with or without prior notice to you, to modify, suspend or disable (temporarily or permanently) the Site or our subdomain to the Site, in whole or in part, for any reason whatsoever, including, without limitation. Upon termination of your access, your right to use the Site from our subdomain will immediately cease. LODE will not be liable for any losses suffered by you resulting from any modification to the Site or from any modification, suspension, or termination, for any reason, of your access to all or any portion of the Site.
5.2. LODE may revise these Terms from time to time. We will notify you by updating the date at the top of the Terms and maintaining a current version. All modifications will be effective when they are posted. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.
6. RISKS
6.1. The use of technology related to blockchain, smart contracts, and cryptocurrencies, among others, entails a risk that by accessing transactions, you are assuming. LODE does not own or control any underlying software through which blockchain networks are formed. By using the Site, you acknowledge and agree:
6.1.1. That LODE is not responsible for the operation of third-party software and networks underlying the Site;
6.1.2. That there exists no guarantee of the functionality, security, or availability of that software and networks; and
6.1.3. That the underlying networks are subject to sudden changes in operating rules and updates, which may materially affect the Site. You are responsible for securing your private key(s). We do not have access to your private key(s); losing control of your private key(s) will permanently and irreversibly deny you access to any blockchain-based network. Neither LODE nor any other person or entity will be able to retrieve or protect your digital assets. If your private key(s) are lost, you will not be able to transfer your digital assets to any blockchain address or wallet. If this occurs, you will not be able to realize any value or utility from the digital assets you may hold.
6.2. LODE is not responsible for the content of any third party, including, but not limited to, information, materials, products, or services that LODE does not own or control. In addition, third parties may offer promotions related to your access and use of the Site. LODE does not endorse or assume any responsibility for such resources or promotions. Suppose you access any such resources or participate in any such promotions. In that case, you do so at your own risk and understand that these Terms do not apply to your dealings or relationships with any third parties. You expressly relieve LODE of all liability arising from using such resources or participating in such promotions.
6.3. You understand that the underlying blockchains and software remains under development, which creates technological and security risks when using the Site, in addition to uncertainty relating to digital assets and transactions therein. You acknowledge that the cost of transacting on the blockchain is variable and may increase at any time, causing an impact on any activities taking place on these blockchains, which may result in price fluctuations or increased costs when using the Site.
6.4. Transactions entered into in connection with the Site are irreversible and final, and there are no refunds. You acknowledge and agree that you will access and use the Site at your own risk.
6.5. We must comply with Applicable Law, which may require us to, upon request by government agencies, take certain actions or provide information that may not be in your best interests.
6.6. You hereby assume and agree that LODE will have no responsibility or liability for the risks in Section 9. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against LODE, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, representatives, suppliers, and contractors related to any of the risks set forth in this Section 6.
7. PROHIBITED USES
7.1 You agree not to engage in the prohibited uses set forth below. The specific activities set forth below are representative but not exhaustive. By using the Site, you confirm that you will not do any of the following:
7.1.1. Promote or facilitate illegal activities, including but not limited to money laundering, terrorist financing, tax evasion, buying or selling illegal drugs, contraband, counterfeit goods, or illegal weapons;
7.1.2. Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity, privacy, or any other proprietary right of LODE;
7.1.3. Engage in improper or abusive trading practices, including but not limited to (a) any fraudulent act or scheme to defraud, deceive, trick, or mislead; (b) wash trading (c) trading ahead of another user of the Site or front-running; (d) fraudulent trading; (e) accommodation trading; (f) fictitious transactions; (g) pre-arranged or non-competitive transactions; or (h) cornering; 7.1.4. Uploading or transmitting viruses, worms, Trojan horses, time bombs, cancelbots, spiders, malware, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site; 7.1.5. Use the Site in any way that is, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable or likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; 7.1.6. Harass, abuse, or harm another person or entity, including LODE's collaborator and service providers; 7.1.7. Impersonate another user of the Site or otherwise misrepresent yourself; or 7.1.8. Engage or attempt to engage or encourage, induce, or assist any third party, or yourself attempt, to engage in any of the activities prohibited under this Section 4 or any other provision of these Terms.
DISCLOSURES; DISCLAIMERS LODE is an informational site for the SYMMIO Protocol. LODE does not operate an exchange platform or offer trade execution or clearing services and has no oversight, involvement, or control concerning your transactions using the Site. All transactions between users of the Site are executed peer-to-peer directly between the users' blockchain addresses through third-party developed smart contracts. You are responsible for complying with all Applicable Laws that govern your Perpetual Contracts. As a result of restrictions under the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission ("CFTC"), no U.S. Person may enter into Perpetual Contracts using the Site. You understand that LODE is not registered or licensed by any regulatory agency or authority. No such agency or authority has reviewed or approved the use of the Site. You agree that the Site is provided on an "AS IS" and "AS AVAILABLE" basis. LODE makes no guarantees of any kind in connection with the Site.
LIMITATION OF LIABILITY In no event shall LODE, its affiliates, its suppliers, and contractors, and its affiliates', suppliers', and contractors' respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors be liable for any direct, indirect, incidental, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of fiat, assets, data, information, revenue, opportunities, use, goodwill, profits or other business or financial benefit) arising out of or in connection with the Site, or other items provided by or on behalf of LODE, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not we have been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder nor is LODE in any way responsible for the execution or settlement of transactions between users of the Site.
INDEMNIFICATION You will defend, indemnify, and hold harmless LODE, its affiliates, members, managers, employees, attorneys, representatives, suppliers, and contractors from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to (a) your use of or conduct in connection with the Site (b) your violation of these Terms; or (c) your misuse of the Site, or any smart contract and/or script related thereto; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (e) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; (f) your use of a third-party product, service, and/or website; or (g) any misrepresentation made by you. We reserve the right to assume, at your expense, the exclusive defense, and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any claim. You will not, in any event, settle any claim without.
DISPUTE RESOLUTION & ARBITRATION LODE will use its best efforts to resolve potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending a written notice of your claim ("Notice") to LODE on any of our official channels. The notice must (a) describe the nature and basis of the claim and (b) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and LODE cannot reach an agreement to resolve the claim within sixty (60) days of your contact, then you and LODE agree to resolve the potential dispute according to the process set forth below. Any claim or controversy arising out of or relating to the Site or these Terms, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under the ICC International Court of Arbitration. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be confidential before a single arbitrator, who shall be selected pursuant to the ICC Court rules. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any claim arising out of or related to these Terms or the Site must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and LODE will not have the right to assert the claim.
GOVERNING LAW The interpretation and enforcement of these Terms, and any dispute related to these Terms, the Site, will be governed by and construed and enforced under the laws of the Bahamas, as applicable.
GENERAL INFORMATION 13.1. Any right or remedy of LODE set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under Applicable Law, at law, or in equity. The failure or delay of LODE in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof. 13.2. The following sections of these Terms will survive any termination of your access to the Site, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive: Sections 3 through 12. 13.3. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. 13.4. LODE will have no responsibility or liability for any failure or delay in performance of the Site, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, any law, order regulation, direction, action or request of the government, communications, power failure, or equipment or software malfunction. 13.5. You may not assign or transfer any right to use the Site, the Site, or any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or part, without notice or obtaining your consent or approval. 13.6. These Terms contain the entire agreement between you and LODE and supersede all prior and contemporaneous understandings between the parties regarding the Site and the Site. 13.7. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms. 13.8. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms other than the Indemnified Parties.
If you have any questions regarding these Terms, please contact us at info@lode.
Last Update: October 27, 2024
Last updated
