Last Updated: 1st of February 2023
Accordingly, in consideration of the Evaluation Material being furnished to you, you agree that:
THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND EARN.
Earn’s agent for copyright issues relating to this Website is as follows:
Copyright Agent
Legal Department
Earn DLT, Inc.
85 Broad Street, 16th floor, New York, NY, 10004
legal@earndlt.com
Phone: +1-877-905-3276
In an effort to protect the rights of copyright owners, Earn maintains a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.
YOU AND EARN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND EARN EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST EARN AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER EARN USERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
To commence an arbitration against Earn, you must write a demand for arbitration (“Demand”) that includes a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand at www.jamsadr.com. You should send three copies of the Demand, plus the appropriate filing fee, to JAMS at 500 North State College Blvd., Suite 600, Orange, CA 92868, and send one copy to Earn at 85 Broad Street, 16-123, New York, NY 10004. For more information, see the JAMS arbitration rules and forms, https://www.jamsadr.com/rules-download/. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $50,000 or less you or Earn may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Earn subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Earn, unless the arbitrator requires otherwise.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Earn users but is bound by rulings in prior arbitrations involving the same Earn user to the extent required by applicable law.
Each User agrees not to solicit investment from any User or other Platform participant outside of or independently from the Platform. No User shall attempt to circumvent the Platform to purchase assets already represented by Tokens on the Platform by transacting without the involvement of the Platform. This Section 18 shall not apply to business relationships between Users that pertain solely to matters that do not involve Tokens listed on the Platform or the underlying assets.
The invalidity of a provision, section, paragraph or sentence of this Agreement in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
If you have any questions or need further information as to the Services provided by Earn, or need to notify Earn as to any matters relating to the Services please contact Earn at:
Legal Department
Earn DLT, Inc.
85 Broad Street, 16th floor
New York, NY, 10004