PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: January 13, 2021
Welcome to Bison Trails. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications, including but not limited to the Bison Trails platform(s), API(s) and the Application (as defined below) (the “Services”). If you have any questions, comments, or concerns regarding these Terms, please contact us at:
Address: 16 Vestry St, New York, NY 10013
All references to “you,” “your,” “user,” or “customer”, as applicable, mean the person who accesses or uses the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, organization, partnership, or company (each, an “Entity”), you represent and warrant that you have the authority to bind that Entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that Entity and “you,” “your,” “user,” or “customer” herein shall refer to that Entity.
Please read these Terms carefully.They cover important information about Services provided to you and any applicable charges, and/or fees associated with the Services. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, class action waiver, confidentiality and resolution of disputes by arbitration instead of in court .
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BISON TRAILS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We may amend or modify these Terms at any time by posting the revised terms on our website and/or providing a copy to you. The revised Terms shall be effective as of the time they are posted but will not apply retroactively unless otherwise stated. Your continued use of the Services after the posting of the revised Terms constitutes your acceptance of such revised Terms. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and/or close your account. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
If you are using the Services in your capacity as an individual or an agent of an Entity that has executed a master services agreement with Bison Trails, where there is a conflict between the master services agreement and these Terms, the terms of that certain master services agreement control.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13); if you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us personal information, please contact us at email@example.com.
The Services permit you to run infrastructure, query blockchains, operate nodes and stake (either directly or pursuant to delegation of your validation rights) your digital currencies, cryptocurrencies, decentralized application tokens, protocol tokens, smart contracts, blockchain-based assets, stablecoins, cryptoassets and other cryptofinance and digital assets and instruments (collectively, “Digital Assets”) held by you (or your custodian) in your digital wallet (“Wallet”), to the extent Bison Trails currently supports such Digital Assets. Bison Trails will never take custody over the Digital Assets you stake or delegate using our Services or that are otherwise stored in your Wallet. You hereby acknowledge and agree that when using the Services, Bison Trails acts only as an intermediary, and not as a counterparty to any transaction with you or any third party. You have complete control over and responsibility for your Digital Assets, and Bison Trails will not be liable for any decisions or actions you take in connection with your Digital Assets. Bison Trails does not issue, buy, or sell Digital Assets nor does Bison Trails facilitate or make any recommendations related to, whether directly or indirectly, the issuance, purchase, or sale of any Digital Assets.
Informational Purposes Only; No Advice. The Content (as defined below) provided by Bison Trails is for informational purposes only. Bison Trails does not provide financial, investment, legal, regulatory, accounting, tax, business, or other advice, and nothing in the Services should be construed as a solicitation or counsel for investment, or recommendation relating to any Digital Asset by Bison Trails, its affiliates, subsidiaries or any third party.
User Account Registration. You may be required to sign up for an account, select a password and user name (your “Account”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not set up an Account using a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. You are entirely responsible for maintaining the confidentiality of your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. You will not share your password with or let anyone else access your Account, nor will you do anything else that might jeopardize the security of your Account or our Services.
Use of Your Account Information. During registration for your Account, you agree to provide us with the information we request, including you contact information and any other information we may request for the purposes of identity verification and the detection of, fraud, or any other financial crimes and you permit us to keep a record of such information. You may need to complete certain verification procedures before you are permitted to use the Services. Your access to one or more Services may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your Digital Assets and/or Wallets or keys. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes.
Supported Digital Assets. Your Account is intended solely for proper use of supported Digital Assets as designated on our website, which may be amended from time to time and as determined in our sole discretion (“Supported Digital Assets”). Under no circumstances should you attempt to use your Account or the Services with respect to Digital Assets we do not support. Bison Trails assumes no responsibility in connection with any attempt to use our Services with respect to Digital Assets that we do not support. If you have any questions about which Digital Assets are Supported Digital Assets, please visit https://bisontrails.co/protocols.
Supplemental Protocols Excluded. Unless specifically announced on the Bison Trails website or other official public statement of Bison Trails, Supported Digital Assets excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Asset. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Digital Asset. Do not use your Account in connection with any other type of functionality involving any such protocol or asset as Bison Trails may not be configured to detect, secure, or process this functionality. Any attempts in contradiction with the foregoing may result in loss of your assets. You acknowledge and agree that supplemental protocols are excluded from Supported Digital Assets and that Bison Trails has no liability for any losses related to supplemental protocols.
No Control over Digital Asset Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Assets supported on our platform. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including, without limitation, “forks”). Any such operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Asset you own. Bison Trails does not control the timing and features of these material operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Bison Trails in determining whether to continue to use your Account or the Services with respect to the affected Digital Asset. In the event of any such operational change, Bison Trails reserves the right to takes such steps as may be necessary to protect the security and safety of our Services, including temporarily suspending operations for the involved asset(s), and other necessary steps; Bison Trails will use its best efforts to provide you notice of its response to any material operating change; however, such changes are outside of Bison Trails’ control and may occur without notice to Bison Trails. Bison Trails’ response to any material operating change is subject to its sole discretion and includes deciding not to support any new Digital Asset, fork, or other actions. You acknowledge and accept the risks of operating changes to Digital Asset protocols and agree that Bison Trails is not responsible for such operating changes and not liable for any loss of value or missed rewards you may experience as a result of such changes in operating rules. You acknowledge and accept that Bison Trails has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported assets or protocols.
Digital Asset Custody and Ownership. Title to and control over your Digital Assets shall at all times remain with you (or your custodian) and shall not transfer to Bison Trails. As the owner of Digital Assets used in connection with the Services, you shall bear all risk of loss of such Digital Assets. Bison Trails shall have no liability for Digital Asset fluctuations. None of the Digital Assets staked with or delegated to Bison Trails or otherwise used in connection with the Services are the property of, or shall or may be loaned or transferred to, Bison Trails; Bison Trails does not represent or treat assets staked with or delegated to Bison Trails as belonging to Bison Trails. Our Services are non-custodial and we do not custody or control your Digital Assets, nor do we have the ability to withdrawal, transfer, buy, or sell your Digital Assets. You shall, at all times, retain control over electronic private keys associated with blockchain addresses related to custody and/or the ability to transfer your Digital Assets, including the blockchain addresses that hold your Digital Assets. We may require you to disclose to us (or grant us permission to create on your behalf) non-custodial private keys associated with the blockchain addresses for your Digital Assets as may be required in connection with our performance of the Services. The applicability of the foregoing will depend on the requirements set by each network protocol, determined in each network protocol’s sole discretion; Bison Trails does not have any control over such requirements or technical specifications. You shall remain solely responsible for all Digital Assets you stake, delegate, or otherwise use in connection with the Services, including without limitation the responsibility for the safekeeping and custody of the Digital Assets you use in connection with our Services, including without limitations your electronic private keys.
User Representations and Warranties. You represent and warrant that:
Nothing in this clause is to be construed as authorization by Bison Trails for you to export, sell, lease, transfer, market or resell the Services in violation of these Terms.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Bison Trails exclusively owns all right title and interest in the Services, including any beta or pilot iterations of the Services. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, information, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in or applicable to any Content you access through or is otherwise related to the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, make derivatives of, or otherwise exploit for any purpose any Content not owned by you (i) without the prior written consent of the owner of that Content, or (ii) in a way that violates someone else’s (including Bison Trails') rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, revocable and non-transferable, limited license to use (i.e., to download and display locally) the Content solely for purposes of, and to the extent necessary in connection with, using the Services. Use, reproduction, modification, distribution, or storage of any Content for any other purpose is expressly prohibited without our prior written consent in each instance. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates these Terms, or any third party rights. You understand that Bison Trails owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
If you share a User Submission publicly on or through the Services and/or in a manner that enables viewing rights to more than just you or certain specified users, or if you provide us (whether in an email, orally, or other written or oral submission) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, “Feedback”) then you grant Bison Trails the license above, as well as a license to display, perform, and distribute your Feedback for the purpose of making that Feedback accessible to all Bison Trails users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Feedback in connection with the Services and/or otherwise in connection with Bison Trails' business. Also, you grant all other users of the Services a license to access that Feedback, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, fully paid-up, and worldwide, provided that when you delete your Account, we will stop displaying your User Submissions (other than the Feedback, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Bison Trails' records.
Finally, you understand and agree that Bison Trails, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
We are not responsible for any Digital Assets that you use in connection with our Services. You acknowledge and agree that you shall access and use the Services at your own risk. The risk of loss in cryptocurrency, including staking tokens, can be substantial. Please do not use the Services if you do not understand these risks.
Any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
If there is a dispute between participants on our site or users of our Services, or between users and any third party, you agree that Bison Trails is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Bison Trails, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, make changes to the list of Supported Digital Assets, and/or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, including without limitation discontinuing support for any Digital Asset. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
We charge for use of the Services as follows.
Bison Trails is also free to terminate (or suspend access to) your Account and/or your use of the Services for any reason in our sole discretion, without prior notice. Bison Trails has the sole right to decide whether you are in violation of any of the restrictions or obligations set forth in these Terms.
Account termination may result in destruction of any Content associated with your Account, so keep that in mind before you decide to terminate your Account.
If you have deleted your Account by mistake, contact us immediately at firstname.lastname@example.org – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
These Terms apply to your use of any and all of our Services, including without limitation, the iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) application store (the “App Store”), but the following additional terms also apply to the Application:
Confidentiality. You hereby agree that all financial, business, legal and technical information of Bison Trails and any of its subsidiaries, officers, directors, employees, agents, suppliers, licensors, customers and end users (including, without limitation, materials, data and other information about research, development, operations, marketing, transactions, regulatory affairs, discoveries, inventions, methods, processes, articles, materials, algorithms, software, source code, object code, specifications, designs, drawings, feedback, strategies, pricing, financials, plans, prospects, customer lists, know-how and ideas, whether tangible or intangible, and including all copies, abstracts, summaries, analyses and other derivatives thereof), that is disclosed under these Terms and is marked or otherwise identified as proprietary or confidential at the time of or following disclosure, or that by its nature would be understood by a reasonable person to be proprietary or confidential shall be the confidential property of Bison Trails (“Bison Trails Confidential Information”). Unless otherwise expressly agreed or permitted in writing by Bison Trails, you agree not to disclose, publish, or disseminate any Bison Trails Confidential Information to anyone other than to your employees and contractors working for the same entity as you and then only to the extent that Bison Trails does not otherwise prohibit such disclosure. Except as set forth in these Terms or as otherwise expressly agreed or permitted by Bison Trails in writing, you agree not to use Bison Trails Confidential Information in any way, including, without limitation, for your own or any third party’s benefit without the prior written approval of an authorized representative of Bison Trails in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Bison Trails Confidential Information. You acknowledge that unauthorized disclosure or use of Bison Trails Confidential Information could cause irreparable harm and significant injury to Bison Trails that may be difficult to ascertain. Accordingly, you agree that Bison Trails will have the right to seek immediate injunctive relief to enforce your obligations under these Terms in addition to any other rights and remedies it may have. If you are required by law, regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose Bison Trails Confidential Information, you may make such disclosure, but only if you have notified Bison Trails before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as Bison Trails Confidential Information.
Acknowledgement of Risk. As with any asset, the value of Digital Assets can go up or down and there can be a substantial risk that you lose money buying, selling, holding, transferring, staking, delegating, or investing in Digital Assets. You should carefully consider whether engaging in the foregoing activities with respect to Digital Assets is suitable for you in light of your financial condition. Bison Trails is not registered with the U.S. Securities and Exchange Commission or any other regulatory body in the United States or any other jurisdiction. You acknowledge that Digital Assets are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
Warranty Disclaimer. Neither Bison Trails nor its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Bison Trails and all such parties together, the “Bison Trails Parties”) makes any representations or warranties concerning the Services, including without limitation any Content contained in or accessed through the Services, and the Bison Trails Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of or in any way related to your participation in or use of the Services. The Bison Trails Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including any Provider Services. THE SERVICES AND CONTENT ARE PROVIDED BY BISON TRAILS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE BISON TRAILS PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO BISON TRAILS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold the Bison Trails Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your Account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Bison Trails' prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BISON TRAILS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BISON TRAILS. Both you and Bison Trails acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Bison Trails' officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Bison Trails will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Bison Trails will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Bison Trails may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND BISON TRAILS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Bison Trails are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Bison Trails over whether to vacate or enforce an arbitration award, YOU AND BISON TRAILS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Bison Trails is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 16 Vestry St, New York, NY 10013 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your Account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement section.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Bison Trails to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Bison Trails agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Bison Trails.
Miscellaneous. You will be responsible for paying, withholding, filing, and/or reporting any and all taxes, duties, and other governmental assessments associated with your use of the Services (including but not limited to, any earned rewards), provided that the Bison Trails may, in its sole discretion, do any of the foregoing on your behalf or for itself if required to do so or otherwise as it sees fit.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Bison Trails agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Bison Trails, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms (other than as agreed in a master services agreement signed by you and us). You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Bison Trails, and you do not have any authority of any kind to bind Bison Trails in any respect whatsoever.
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Bison Trails agree there are no third-party beneficiaries intended under these Terms.
No Reliance. While Bison Trails uses reasonable efforts to update the information contained on its website, we make no representations or warranties as to the accuracy, reliability, or completeness of any information on its website or provided through or in connection with the Services. Any content is subject to change without notice. As noted above, permission by Bison Trails to access the Services should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice. All statements made on its website are the opinions of Bison Trails unless otherwise specified.
Links to Third Party Web Sites. Bison Trails has not reviewed any of the websites that may be linked through the Services, and is not responsible for the content of off-site pages or any other linked website. Bison Trails is not responsible for the privacy practices of such other websites. Your linking to or use of any off-site pages or other websites is at your own risk. Bison Trails’ inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites. In addition, the inclusion of any linked websites does not imply an endorsement of any kind by Bison Trails or any other person or entity and should not be deemed as such by any user.
Materials to be Consulted in their Entirety. All materials contained within the Services are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses, and any copyright or proprietary notices, including those contained in these Terms. Any disclaimers, restrictions, or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.