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UNIFORM LABS
TERMS OF SERVICE

Last Updated: February 18, 2025

These Terms of Service (“Terms”) apply to your access to and use of (a) the website located at www.multiliquid.xyz (or any successor links) and all associated web pages, websites, and social media pages (the “Website”) provided by Uniform Labs, Inc. (“Uniform Labs,” “we,” “our,” or “us”) and (b) any online services ((a) and (b), collectively, our “Services”).

By using our Services, you expressly agree to these Terms. Please carefully review these Terms before using our Services, including, without limitation, the warranty disclaimers and releases set forth in Section 9, which limit our liability and your ability to bring certain claims against us.

BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 11 (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 11, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND UNIFORM LABS WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

1 Eligibility and Use Restrictions; Accounts

  1. Eligibility and Use Restrictions. Users under 18 years of age (or the age of legal majority where the user lives) may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to our Services. If you are a parent or legal guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us at [email]. In using our Services, you represent and warrant that you meet the eligibility requirements to use our Services and have the authority to be bound by these Terms, including, without limitation, if you use our Services on behalf of another person or entity (in which case “you” will include that person or entity and that person or entity agrees to be responsible to us).

2 Your Information

You may provide certain information to Uniform Labs in connection with your use of our Services or we may otherwise collect certain information about you when you use our Services. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy [insert link]. You agree to receive all communications, agreements, and notices that we provide in connection with our Services electronically, including by email, SMS or text message (if you provide your manual consent to opt in to receive SMS or text messages) to the cell phone number associated with your account, or by posting them to your account on the Website or otherwise through our Services. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive SMS or text messages is not a condition of purchase. You may withdraw your consent to receive communications electronically at any time, but except as it relates to SMS text messages, if you withdraw such consent, you may be unable to use all or a portion of our Services.

3 Prohibited Conduct

  1. General. You will not use our Services if you are not eligible to use our Services in accordance with these Terms and will not use our Services other than for their intended purpose. Without limiting the foregoing, you must always be respectful of other users during your use of our Services.
  2. Specific. Further, you will not:
    • Use our Services for any purpose other than your personal, non-commercial purpose;
    • Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
    • Engage in any harassing, threatening, intimidating, predatory, stalking, discriminatory, or other objectionable conduct or disturb or solicit others;
    • Use any cameras, video, or other devices designed to or enabled to capture recordings in connection with our Services without our prior written consent;
    • Use or attempt to use another user’s account or information without authorization from that user and Uniform Labs;
    • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
    • Sell or resell our Services;
    • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
    • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
    • Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
    • Reverse engineer any aspect of our Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
    • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services except in accordance with instructions contained in our robot.txt file and only to compile for search results;
    • Develop or use any applications that interact with our Services without our prior written consent;
    • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
    • Link to any online portion of our Services; or
    • Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
  3. Enforcement. Enforcement of this Section 3 is solely at Uniform Labs' discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

4 Ownership; Limited License

Uniform Labs or our licensors own all right title and interest (including intellectual property rights) in and to our Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein. Except as expressly stated in these Terms, all rights in and to our Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

5 Trademarks

The “Uniform Labs” name and our logos, product or service names, slogans, and the look and feel of our Services are trademarks of Uniform Labs and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with our Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

6 Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Uniform Labs or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or our Services, or to improve or develop new products, services, or our Services in Uniform Labs’ sole discretion. Uniform Labs will exclusively own all improvements to, or new, Uniform Labs products or services based on any Feedback. You understand that Uniform Labs may treat Feedback as nonconfidential.

7 Third Party Materials

  1. Our Services may rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (i) the use and availability of our Services is dependent on third-party product vendors and service providers and (ii) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate.
  2. Your access to and use of such Third-Party Materials may be subject to additional terms, conditions, and policies (including terms of service or privacy policies of the applicable third party). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to use our Services.

8 Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Uniform Labs and our subsidiaries and affiliates, and each of our respective officers, directors, employees, partners and agents (individually and collectively, the “Uniform Labs Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (a) your access to or use of our Services (including any acts and/or omissions); (b) your Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights). You will cooperate with the Uniform Labs Parties in defending third-party Claims and pay all fees, costs, and expenses associated with defending such third-party Claims (including attorneys’ fees). The Uniform Labs Parties will have control of the defense or settlement, at Uniform Labs’ sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Uniform Labs or the other Uniform Labs Parties.

9 Disclaimer and Release

  1. DisclaimerYOUR USE OF OUR SERVICES AND ANY SERVICES, CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY MATERIALS) IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR SERVICES AND ANY SERVICES, CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY MATERIALS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND UNIFORM LABS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE FOREGOING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, UNIFORM LABS DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY SERVICES OR CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY MATERIALS) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT ACCESS TO OUR SERVICES OR ANY SERVICES OR CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY MATERIALS) WILL BE UNINTERRUPTED. WHILE UNIFORM LABS ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES AND ANY SERVICES AND CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY MATERIALS) SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY SERVICES OR CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY MATERIALS) OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT OR MATERIALS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES AND ANY SERVICES OR CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY MATERIALS).
    YOU UNDERSTAND AND ACCEPT THAT UNIFORM LABS DOES NOT CONTROL ANY BLOCKCHAIN PROTOCOL, NOR DOES UNIFORM LABS CONTROL ANY SMART CONTRACT THAT IS NOT OTHERWISE OFFERED BY UNIFORM LABS AS PART OF THE SERVICES AND IS NOT ITSELF A THIRD PARTY SERVICE. YOU UNDERSTAND AND ACCEPT THAT UNIFORM LABS DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICE. YOU AGREE THAT YOU ALONE, AND NOT UNIFORM LABS, IS RESPONSIBLE FOR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO SUPPORTING ANY BLOCKCHAIN PROTOCOL WHETHER THROUGH TRANSACTION VALIDATION OR OTHERWISE, OR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH ANY THIRD-PARTY-DEVELOPED SMART CONTRACT OR TOKEN, INCLUDING TOKENS THAT WERE CREATED BY A THIRD PARTY. YOU AGREE THAT UNIFORM LABS IS NOT RESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT IN ANY JURISDICTION OF ANY DIGITAL ASSETS THAT YOU MAY ACCESS OR TRANSACT WITH USING THE SERVICES. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE OFFERINGS TO INTERACT WITH BLOCKCHAIN PROTOCOLS.
  2. Release. YOU HEREBY SPECIFICALLY, FULLY AND FOREVER RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND INDEMNIFY AND HOLD HARMLESS UNIFORM LABS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS (AS DEFINED IN SECTION 8) RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF ANY THIRD PARTIES. YOU UNDERSTAND THAT THIS WAIVER MEANS YOU GIVE UP YOUR RIGHT TO BRING ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, FOR PHYSICAL OR EMOTIONAL INJURIES, DEATH, DISEASE OR PROPERTY LOSSES, OR ANY OTHER LOSS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE, AND YOU GIVE UP ANY CLAIM YOU MAY HAVE TO SEEK DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
  3. Beneficiaries. ALL DISCLAIMERS AND RELEASES OF ANY KIND (INCLUDING IN THIS SECTION 9 AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF UNIFORM LABS, THE OTHER UNIFORM LABS PARTIES, AND THE UNIFORM LABS PARTIES’ RESPECTIVE SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

10 Limitation of Liability

  1. Waiver of Certain Damages. To the fullest extent permitted by applicable law, Uniform Labs and the other Uniform Labs Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Uniform Labs or the other Uniform Labs Parties have been advised of the possibility of such damages.
  2. Liability Cap. The total liability of Uniform Labs and the other Uniform Labs Parties to you (whether occurring under these Terms or otherwise), regardless of the form of the action, is limited to the amount paid by you to use our Services giving rise to the claim or $100 USD, whichever is greater.
  3. Exclusions. The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Uniform Labs or the other Uniform Labs Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11 Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND UNIFORM LABS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND UNIFORM LABS FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND UNIFORM LABS AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. UNIFORM LABS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

  1. Arbitrable Claims. For any dispute or claim that you have against Uniform Labs, that Uniform Labs has against you or that you have, or Uniform Labs has, in each case arising from, relating to, or stemming from these Terms, our Services or any aspect of the relationship between you and Uniform Labs as relates to these Terms or our Services, including any privacy or data security claims (collectively, “Arbitrable Claims,” and each an “Arbitrable Claim”), you and Uniform Labs agree to attempt to first resolve the Arbitrable Claim informally via the following process. If you assert an Arbitrable Claim against Uniform Labs, you will first contact Uniform Labs by sending a written notice of your Arbitrable Claim (“Claimant Notice”) to Uniform Labs by certified mail addressed to [mailing address] or by email to [email]. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Arbitrable Claim; and (iii) set forth the specific relief sought. If v asserts an Arbitrable Claim against you, Uniform Labs will first contact you by sending a written notice of Uniform Labs’ Arbitrable Claim (“Uniform Labs Notice”), and each of a Claimant Notice and Uniform Labs Notice, a “Notice”) to you via email to the primary email address associated with your account. The Uniform Labs Notice must (A) include the name of a Uniform Labs contact and the contact’s email address and telephone number; (B) describe the nature and basis of the Arbitrable Claim; and (C) set forth the specific relief sought. If you and Uniform Labs cannot reach an agreement to resolve the Arbitrable Claim within thirty (30) days after you or Uniform Labs receives such a Notice, then either party may submit the Arbitrable Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Uniform Labs first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.
  2. Binding Arbitration Except for (i) individual disputes that qualify for small claims court or (ii) any disputes exclusively related to the intellectual property or intellectual property rights of you or Uniform Labs, including any disputes in which you or Uniform Labs seek injunctive or other equitable relief for the alleged unlawful use of your or Uniform Labs’ intellectual property rights or other infringement of your or Uniform Labs’ intellectual property rights (“IP Claims”), all Arbitrable Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including, with respect to Arbitrable Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 11(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Arbitrable Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
  3. Submission All Arbitrable Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, which are available on the AAA’s website (adr.org), as amended by these Terms as follows:
    1. YOU AND UNIFORM LABS AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND UNIFORM LABS ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Uniform Labs or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
    2. For any arbitration you initiate, you will pay the consumer filing fee, and Uniform Labs will pay the remaining AAA fees and costs. For any arbitration initiated by Uniform Labs, Uniform Labs will pay all AAA fees and costs.
    3. For all arbitrations where the claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (c) if the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
    4. If you or Uniform Labs submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Uniform Labs agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Uniform Labs agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
    5. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
    6. The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Uniform Labs or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Uniform Labs understand and agree that when twenty-five (25) or more similar claims are asserted against Uniform Labs or you by the same or coordinated counsel or are otherwise resolved, your or Uniform Labs’ Arbitrable Claim might be delayed. For such coordinated actions, you and Uniform Labs also agree to the following coordinated bellwether process. Counsel for the claimants and counsel for Uniform Labs shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this staged process from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Uniform Labs or you.
  4. One Year to Assert Claims. To the extent permitted by law, any Arbitrable Claim by you or Uniform Labs relating in any way to these Terms, our Services, or any aspect of the relationship between you and Uniform Labs as relates to these Terms or our Services, must be filed within one year after such Arbitrable Claim arises; otherwise, the Arbitrable Claim is permanently barred, which means that you and Uniform Labs will not have the right to assert the Arbitrable Claim.
  5. Opt-Out Right.You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at [email] or by certified mail addressed to [address]. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 12.
  1. Severability If any portion of this Section 11 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 11 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 11; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 11 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 11 will be enforceable.
  2. Other Jurisdictions. Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section 11 or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

12 Governing Law

These Terms and any claims made hereunder (including Arbitrable Claims) will be governed by and construed and enforced in accordance with the laws of the State of New York, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Arbitrable Claim is not subject to arbitration pursuant to Section 11, then the state and federal courts located in Manhattan, New York will have exclusive jurisdiction. You and Uniform Labs irrevocably waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

13 Modifying and Terminating Our Services

We may: (a) modify our Services or suspend or terminate providing all or part of our Services at any time; (b) charge, modify, or waive any fees required to use our Services; or (c) offer opportunities to some or all end users of our Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to our Services will be governed by these Terms or Supplemental Terms, unless otherwise expressly stated by Uniform Labs in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

14 Severability

If any portion of these Terms other than Section 11 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable: (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

15 Miscellaneous

Uniform Labs operates non-custodial services, meaning we do not have access to the security key that permits you to access your assets. We are not able to take custody of your assets. You acknowledge that you and not Uniform Labs are responsible for safeguarding the security key that controls access to your assets. Uniform Labs’ failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

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