Revised May 19, 2022

This User Agreement constitutes a legally binding agreement between Balto Token, LLC, doing business as Balto Token (“Balto Token”, the “Project”, “baltotoken.com”, “we”, “us,”, “our”), and you, whether personally or on behalf of an entity (“you”), collectively “Parties” or the “Parties”, concerning your access to and use of the baltotoken.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The following terms and conditions, together with any documents they expressly incorporate by reference, including our Privacy Policy and Cookie Policy (collectively, the “Service Terms”), govern your access to and use of any website published by the Project, including, but not limited to, any content, functionality, and services offered on or through the Site.

By accessing the Site and any related services made available to you (collectively, the “Services”), you agree that you have read, understood, and accept all of the terms and conditions contained herein (the “User Agreement”), as well as the Service Terms, and any other rules posted on our Site. If you do not agree with all of the User Agreement terms and Service Terms, you are expressly prohibited from using the site and must discontinue use immediately.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Please read the Service Terms carefully before using the Site or use any of our Services. We offer a wide range of Services, and in accordance, additional terms may apply. When you use a Balto Token service, you will also be subject to the guidelines, terms, and agreements applicable to that particular service. If this User Agreement is inconsistent with the Service Terms, the Service Terms will control. We recommend keeping a copy of the Service Terms for future reference.

Entering into this agreement constitutes a waiver of your right to trial by jury and participation in a class action lawsuit.

1. General Use

1.1 Eligibility. By using our Services and entering into this User Agreement, you affirm that you are an individual, at least 18 years of age or older, have the capacity to enter into this User Agreement, and agree to be legally bound by the terms and conditions of this User Agreement, including the Cookie Policy, the Privacy Policy, and Service Terms when applicable.

1.2 Modification. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the User Agreement from time to time. Any such changes shall take effect when posted on the Site or when you use the Services. We will alert you about any changes by updating the “Revised” date and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable User Agreement and Service Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised User Agreement by your continued use of the Site after the date such revised User Agreement is posted. Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement.

2. Compliance with Applicable Law

Your relationship with baltotoken.com and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction (the “Applicable Law”). By entering into this User Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law.

3. Accessing the Services

3.1 Limited License. We grant you a limited, non-exclusive, non-transferable license to access and use the Services and the Site solely in accordance with the terms of this User Agreement.

3.2 Credentialing. You must keep secret all credentials associated with the Services. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that baltotoken.com shall not be held responsible nor shall you hold us responsible for any unauthorized access to the Site or Services or any resulting harm you may suffer.

3.3 Compliance. Your access to one or more Services may be contingent upon creating a user account and satisfying our onboarding and compliance processes. Compliance processes are the requirements set by baltotoken.com for collecting, verifying, recording, and reporting information about you, upon first accessing certain Services and on an ongoing basis, whether for our business risk-management purposes or to comply with legal requirements. The information requested may include, without limitation: Personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification, or social security number, official government-issued photo identification, and bank account information, or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. In providing this information to us, you represent that it is accurate and agree to update your information promptly, but in no event later than 14 days following any change in your information. Failure to provide information or update your user account promptly may result in Services being unavailable to you or termination of your access to the Site (or any portion thereof)..

3.4 Communications. Any and all communications from baltotoken.com may be provided to you via electronic mail or social media at the address(es) you provided when accessing the Services. Baltotoken.com shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this User Agreement or your use of Services so long as such notice is provided to such email address.

3.5 Termination. We may close, terminate, enable, or disable any or all of the Services or your access to the Services at any time and for any reason.

4. Risks of Digital Assets

Please note that all transactions involving digital assets such as Balto Token involve substantial risks. You should therefore carefully consider whether using our Services is suitable for you in light of your financial condition. In considering whether to hold digital assets, you should be aware that the price or value of a digital asset can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. You acknowledge that we are not responsible for any loss of your digital asset, resulting from theft, loss, or mishandling of private keys outside our control.

We are not responsible for any digital asset market and we make no representations or warranties concerning the real or perceived value of digital assets as denominated in any quoted currency. Although we may provide historical and/or real-time data regarding the price of digital assets, we make no representations regarding the quality, suitability, truth, usefulness, accuracy, or completeness of such data, and you should not rely on such data for any reason whatsoever. You understand and agree that the value of digital assets can be volatile, and we are not in any way responsible or liable for any losses you may incur by using or transferring digital assets in connection with our Services.

We do not provide investment advice nor does any information provided on the Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. There is no guarantee the utility of Balto Token or the project described will be delivered. The contents of the Site and Services should not be used as a basis for making investment decisions. Balto Token is not a fiduciary by virtue of any person’s use of or access to the Site, documents, social media or other web presence referenced, or content provided.

5. General Provisions

5.1 Intellectual Property. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned, controlled by, or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “as-is” for your information and personal use only. Except as expressly provided in the User Agreement, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We do not give any implied license for the use of the contents of the Site or the Services.

You accept and acknowledge that the material and content contained in or delivered by the Site or the Services is made available for your personal, lawful, non-commercial use only, and that you may only use such material and content for the purpose of using the Site or the Services as set forth in this Agreement.

You further acknowledge that any use of content from the Site or the Services outside of the terms outlined in the Service Terms is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via the Site or the Services on any copy you make of the material but failing to do so shall not prejudice Balto Token’s intellectual property rights therein.

You may not sell or modify materials derived or created from the Site or the Services or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose. Your use of such materials on any other website, file-sharing or similar service, or other platform, for any purpose, is strictly prohibited. You may not copy any material or content derived or created from the Site or the Services without our express, written permission. Any rights not expressly granted herein to use the materials contained on or through the Site or the Services are reserved by Balto Token in full.

5.2 Accuracy of Information. Balto Token endeavors to verify the accuracy of any and all information displayed, supplied, passing through, or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility. We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services.

5.3 Third-Party Services and Content. The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware this User Agreement no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third-Party Content is at your own risk.

6. Representations, Warranties, Indemnification, and Limitations of Liability

6.1 Acceptable Use of Services. When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors unless specifically endorsed or approved by us. Without limiting the generality of the foregoing, you agree that you shall not:

1. Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Site, the Services, or related networks in any manner;
2. Use the Services to pay for, support, or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
3. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, unauthorized script, or other software, including without limitation, any spider, robot, cheat utility, scraper, crawler, or offline reader, to extract data or other content from the Site;
4. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
5. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
6. Develop any third-party applications that interact with our Services without our prior written consent;
7. Use any information obtained from the Site in order to harass, abuse, or harm another person;
8. Use or attempt to use another person’s credentials without authorization or impersonate another user or person;
9. Sell or otherwise transfer use of your profile;
10. Use a buying agent or purchasing agent or provide use of your profile to make purchases on the Site;
11. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
12. Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
13. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
14. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
15. Provide false, inaccurate, or misleading information;
16. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
17. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
18. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
19. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
20. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
22. Make improper use of our support services or submit false reports of abuse or misconduct;
23. Use the Site to advertise or offer to sell goods and services;
24. Engage in unauthorized framing of or linking to the Site;
25. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
26. Delete the copyright or other proprietary rights notice from any Content;
27. Use the Site in a manner inconsistent with any applicable laws or regulations; or
28. Encourage or induce any other person to engage in any of the activities prohibited under the Service Terms.

6.2 User-Generated Contributions. The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and this User Agreement;
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and this User Agreement;
4. Your Contributions are not false, inaccurate, or misleading;
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
9. Your Contributions do not violate any applicable law, regulation, or rule;
10. Your Contributions do not violate the privacy or publicity rights of any third party;
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this User Agreement, or any applicable law or regulation; and
14. Any use of the Site in violation of the foregoing violates this User Agreement and may result in, among other things, termination or suspension of your rights to use the Site.

6.3 Contributions and Submissions. Parties agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

6.4 Terms and Termination. This User Agreement shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THIS USER AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

6.5 Disclaimer. BALTO TOKEN IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6.6 Limitation of Liability. IN NO EVENT SHALL BALTO TOKEN, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BALTOTOKEN.COM HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, MAKE SPECIFIC PERFORMANCE OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF VIRTUAL CURRENCY, PARTIES AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCY DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.

WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (1) THE MALFUNCTION, UNEXPECTED FUNCTION, OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING, OR CYBERSECURITY BREACHES; (2) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; (3) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (4) FORCE MAJEURE. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

6.7 Indemnification. You agree to defend, indemnify, and hold harmless Balto Token, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any and all claims, demands, actions, damages, losses, liabilities, costs, or expenses, including without limitation, reasonable legal fees, arising out of or relating to: (1) your use of the Site or Services; (2) breach of this User Agreement or any other policy; (3) any breach of your representations and warranties set forth in this User Agreement Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Site with whom you connected via the Site; (6) any feedback or submissions you provide; (7) false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; or (8) violation of any rights of any other person or entity; provided however, that you shall not indemnify Balto Token for claims or losses arising out of Balto Token’s gross negligence or willful misconduct. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this User Agreement. Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein. Nothing in this User Agreement excludes or limits liability which may not be limited or excluded under Applicable Law.

7. Provisions

7.1 Force Majeure. If by reason in whole or in part of any Force Majeure Event, either you or Balto Token is delayed or prevented from complying with this User Agreement, then such delay or non-compliance shall not be deemed to be a breach of this User Agreement and no loss or damage shall be claimed by either of the Parties by reason thereof. A “Force Majeure Event” is any event beyond the party’s reasonable control, including, but not limited to, pandemic, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.

7.2 Taxes. It is your responsibility to determine what, if any, taxes apply due to your use of the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. Balto Token is not responsible for determining whether taxes apply to your use of the Services or for collecting, reporting, withholding, or remitting any taxes arising from any virtual currency transactions.

7.3 Severability, Reformation. In the event that any provision of this User Agreement is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this User Agreement is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of this User Agreement will, where possible, be interpreted so as to sustain its legality and enforceability.

7.4 Assignment. This User Agreement shall be binding on your successors, heirs, personal representatives, and assigns. You may not assign or transfer any of your rights or obligations under this User Agreement without prior written consent of Balto Token, which may be withheld in our sole discretion. We may assign rights or delegate duties under this User Agreement in our sole discretion.

7.5 Site Management. We reserve the right, but not the obligation, to: (1) monitor the Site for violations of this User Agreement and the Service Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or this User Agreement or the Service Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

7.6 Relationship of the Parties. Nothing in this User Agreement is intended to, nor shall create any partnership, joint venture, agency, consultancy or trusteeship. Parties are independent contractors for purposes of this User Agreement.

7.7 Privacy. We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into this User Agreement. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

7.8 Entire Agreement. The User Agreement constitutes the entire agreement among the Parties with respect to the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties. Subsequent discussions or negotiations between you and Balto Token or our personnel shall only amend or become part of this User Agreement by way of a written amendment specifically referencing the last updated date and name of this User Agreement.
7.8 Contact Information. You may contact Balto Token at info@baltotoken.com.

8. Dispute Resolution

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles. Any disputes between you and us arising from your use of the Site or the Services (whether arising out of contract, tort, statute, or any other manner) shall be resolved in the courts of Duval County, the State of Florida, and the United States, and Duval County, the State of Florida, and the United States shall have exclusive jurisdiction over such matters. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US SHALL BE BROUGHT INDIVIDUALLY AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. YOU FURTHER AGREE TO EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY.

9. Feedback

Balto Token continually strives to improve its Services to address feedback. If you have ideas or suggestions regarding improvements or additions to the Services, we would like to hear them; however, any submission shall be subject to this User Agreement.

Under no circumstances shall disclosure of any idea, feedback, or any related material to Balto Token be subject to any obligation of confidentiality or expectation of compensation. By submitting an idea, feedback, or any related material that would be subject to intellectual property rights (the “Work”) to Balto Token, you grant to Balto Token, with respect to the Work submitted, a non-exclusive, perpetual, global, royalty-free license to use, edit, and modify all of the content of such ideas and feedback, for any purpose whatsoever.

By submitting Work, you are waiving any moral rights to the fullest extent permitted under law that you may have in the Work and are representing and warranting to Balto Token that the Work originated with you, no one else has any rights in the Work, and that Balto Token is free of any royalty to implement the Work and to use the related material if so desired, as provided or modified by Balto Token, without obtaining permission or license from any third party We may sub-license in any way all Work and material you have submitted to Balto Token.

10. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

11. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

12. California Users

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

13. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

14. Miscellaneous

This User Agreement and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this User Agreement Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this User Agreement Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this User Agreement Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this User Agreement Use or use of the Site. You agree that this User Agreement Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this User Agreement Use and the lack of signing by the parties hereto to execute this User Agreement Use.