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Effective URL: https://app.primeprotocol.xyz/
Submission: On April 22 via api from US — Scanned from DE
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OVERVIEW
TOTAL DEPOSITS
—
DepositWithdraw
Networks
0
Assets
0
DepositWithdraw
TOTAL BORROWS
—
BorrowRepay
Networks
0
Assets
0
BorrowRepay
HEALTH RATIO
—
LIQUIDATION RISK
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Deposits
Filter
Asset
Deposited
Wallet balance
TVL
APY
LTV
Network
FRAX
$0.99
0.00
$0.00
0.00
$0.00
2,190.71060
$2,187.76
2.66%
60%
GLMR
$0.33
0.00
$0.00
0.00
$0.00
5,639,393.97382
$1,916,221.80
0.12%
6.76%
63%
WBTC.wh
$65,891.14
0.00
$0.00
0.00
$0.00
0.02746
$1,809.44
0.37%
47%
USDC.wh
$1.00
0.00
$0.00
0.00
$0.00
864,401.01207
$864,418.21
4.32%
22.74%
73%
xcDOT
$7.44
0.00
$0.00
0.00
$0.00
38,336.34653
$285,404.89
1.95%
5.25%
61%
xcUSDT
$1.00
0.00
$0.00
0.00
$0.00
200,973.52157
$201,022.40
3.94%
14.49%
60%
USDC.e
$1.00
0.00
$0.00
0.00
$0.00
417,766.87059
$417,775.18
2.17%
85%
USDT
$1.00
0.00
$0.00
0.00
$0.00
31,600.56133
$31,608.24
2.60%
60%
WBTC
$65,891.14
0.00
$0.00
0.00
$0.00
1.25083
$82,418.73
0.07%
73%
AVAX
$39.48
0.00
$0.00
0.00
$0.00
8,773.85992
$346,429.81
0.00%
73%
BTC.b
$65,891.14
0.00
$0.00
0.00
$0.00
8.41744
$554,635.04
0.00%
73%
DAI.e
$1.00
0.00
$0.00
0.00
$0.00
3,694.97438
$3,695.78
2.62%
83%
ETH.e
$3,191.99
0.00
$0.00
0.00
$0.00
12.29933
$39,259.42
0.05%
81%
USDC
$1.00
0.00
$0.00
0.00
$0.00
247,384.08765
$247,389.01
3.01%
85%
USDT
$1.00
0.00
$0.00
0.00
$0.00
28,896.37977
$28,903.40
4.65%
60%
ARB
$1.21
0.00
$0.00
0.00
$0.00
219,419.67264
$265,940.20
0.02%
60%
DAI
$1.00
0.00
$0.00
0.00
$0.00
9,737.86185
$9,740.00
13.18%
83%
ETH
$3,191.99
0.00
$0.00
0.00
$0.00
352.14641
$1,124,050.21
0.47%
83%
FRAX
$0.99
0.00
$0.00
0.00
$0.00
8,217.60637
$8,206.54
4.14%
75%
USDC
$1.00
0.00
$0.00
0.00
$0.00
216,512.57715
$216,516.88
2.03%
83%
USDC.e
$1.00
0.00
$0.00
0.00
$0.00
122,418.45678
$122,420.89
2.37%
83%
weETH
$3,338.52
0.00
$0.00
0.00
$0.00
32.44048
$108,303.45
—
70%
WBTC
$65,891.14
0.00
$0.00
0.00
$0.00
10.21946
$673,371.95
0.01%
76%
ETH
$3,191.99
0.00
$0.00
0.00
$0.00
54.64176
$174,416.35
1.07%
83%
USDC.e
$1.00
0.00
$0.00
0.00
$0.00
55,259.61587
$55,260.71
2.02%
83%
WBTC
$65,891.14
0.00
$0.00
0.00
$0.00
0.47291
$31,160.97
0.01%
76%
wstETH
$3,738.37
0.00
$0.00
0.00
$0.00
36.24874
$135,511.50
0.04%
79%
cbETH
$3,409.63
0.00
$0.00
0.00
$0.00
33.30485
$113,557.51
0.04%
70%
ETH
$3,191.99
0.00
$0.00
0.00
$0.00
77.98855
$248,939.22
0.88%
75%
USDbC
$1.00
0.00
$0.00
0.00
$0.00
52,862.10189
$52,863.15
35.73%
80%
USDC
$1.00
0.00
$0.00
0.00
$0.00
101,743.46554
$101,745.49
2.65%
80%
CELO
$0.86
0.00
$0.00
0.00
$0.00
39,030.54976
$33,951.30
0.04%
60%
cUSD
$0.99
0.00
$0.00
0.00
$0.00
948.72432
$947.84
2.48%
70%
USDC.wh
$1.00
0.00
$0.00
0.00
$0.00
1,168.76270
$1,168.78
6.35%
80%
USDT.wh
$1.00
0.00
$0.00
0.00
$0.00
544.15252
$544.28
2.28%
70%
cbETH
$3,409.63
0.00
$0.00
0.00
$0.00
0.32848
$1,120.00
0.00%
72%
ETH
$3,191.99
0.00
$0.00
0.00
$0.00
15.79613
$50,421.20
0.40%
81%
rETH
$3,539.50
0.00
$0.00
0.00
$0.00
0.00092
$3.25
0.00%
72%
USDC
$1.00
0.00
$0.00
0.00
$0.00
24,885.28186
$24,885.77
1.51%
83%
wstETH
$3,738.37
0.00
$0.00
0.00
$0.00
0.00088
$3.28
0.00%
79%
BNB
$597.47
0.00
$0.00
0.00
$0.00
135.58438
$81,008.56
0.42%
73%
BTCB
$65,891.14
0.00
$0.00
0.00
$0.00
7.69053
$506,738.22
0.02%
76%
ETH
$3,191.99
0.00
$0.00
0.00
$0.00
10.17831
$32,489.13
0.34%
78%
USDC
$1.00
0.00
$0.00
0.00
$0.00
44,243.06779
$44,243.94
21.11%
83%
USDT
$1.00
0.00
$0.00
0.00
$0.00
51,347.48068
$51,359.97
14.06%
60%
Borrows
Filter
Asset
Borrowed
Available liquidity
Interest
Premium
Network
FRAX
$0.99
0.00
$0.00
638.77870
$637.91
4.42%
100%
GLMR
$0.33
0.00
$0.00
4,717,836.85501
$1,603,083.92
0.93%
130%
WBTC.wh
$65,891.14
0.00
$0.00
0.02166
$1,427.43
2.11%
120%
USDC.wh
$1.00
0.00
$0.00
108,944.49290
$108,946.66
5.82%
100%
xcDOT
$7.44
0.00
$0.00
17,130.65245
$127,533.59
4.14%
130%
xcUSDT
$1.00
0.00
$0.00
42,795.43569
$42,805.84
5.90%
100%
USDC.e
$1.00
0.00
$0.00
100,996.74159
$100,998.75
3.36%
120%
USDT
$1.00
0.00
$0.00
6,837.44814
$6,839.11
3.91%
120%
WBTC
$65,891.14
0.00
$0.00
1.08830
$71,709.92
0.64%
120%
AVAX
$39.48
0.00
$0.00
8,545.38316
$337,408.56
0.20%
120%
BTC.b
$65,891.14
0.00
$0.00
8.26600
$544,656.57
0.14%
125%
DAI.e
$1.00
0.00
$0.00
788.62070
$788.79
3.93%
110%
ETH.e
$3,191.99
0.00
$0.00
11.38800
$36,350.48
0.86%
125%
USDC
$1.00
0.00
$0.00
26,220.11378
$26,220.63
3.97%
110%
USDT
$1.00
0.00
$0.00
4,205.60470
$4,206.62
6.40%
110%
ARB
$1.21
0.00
$0.00
204,594.08868
$247,971.35
0.36%
130%
DAI
$1.00
0.00
$0.00
1,575.94799
$1,576.29
18.50%
120%
ETH
$3,191.99
0.00
$0.00
244.16813
$779,383.89
1.83%
130%
FRAX
$0.99
0.00
$0.00
1,608.32263
$1,606.15
6.05%
130%
USDC
$1.00
0.00
$0.00
66,748.69049
$66,750.01
3.45%
130%
USDC.e
$1.00
0.00
$0.00
31,000.59365
$31,001.21
3.73%
130%
WBTC
$65,891.14
0.00
$0.00
9.58682
$631,687.11
0.30%
130%
ETH
$3,191.99
0.00
$0.00
27.10622
$86,522.98
2.51%
130%
USDC.e
$1.00
0.00
$0.00
14,835.39722
$14,835.69
3.25%
125%
WBTC
$65,891.14
0.00
$0.00
0.44597
$29,386.07
0.28%
130%
wstETH
$3,738.37
0.00
$0.00
33.14737
$123,917.38
0.61%
130%
cbETH
$3,409.63
0.00
$0.00
28.05297
$95,650.51
0.35%
130%
ETH
$3,191.99
0.00
$0.00
44.49500
$142,027.89
2.41%
130%
USDbC
$1.00
0.00
$0.00
8,909.47193
$8,909.64
50.55%
120%
USDC
$1.00
0.00
$0.00
21,278.11270
$21,278.53
3.95%
120%
CELO
$0.86
0.00
$0.00
35,451.23157
$30,837.77
0.57%
120%
cUSD
$0.99
0.00
$0.00
223.15940
$222.95
3.82%
110%
USDC.wh
$1.00
0.00
$0.00
229.56947
$229.57
9.29%
110%
USDT.wh
$1.00
0.00
$0.00
145.27833
$145.31
3.66%
110%
cbETH
$3,409.63
0.00
$0.00
0.32827
$1,119.29
0.00%
120%
ETH
$3,191.99
0.00
$0.00
11.42350
$36,463.79
1.73%
130%
rETH
$3,539.50
0.00
$0.00
0.00091
$3.25
0.00%
120%
USDC
$1.00
0.00
$0.00
9,104.01692
$9,104.19
2.81%
120%
wstETH
$3,738.37
0.00
$0.00
0.00087
$3.28
0.00%
120%
BNB
$597.47
0.00
$0.00
110.97505
$66,305.05
2.72%
125%
BTCB
$65,891.14
0.00
$0.00
7.14859
$471,029.36
0.35%
120%
ETH
$3,191.99
0.00
$0.00
7.27481
$23,221.17
1.42%
120%
USDC
$1.00
0.00
$0.00
5,971.03387
$5,971.15
28.71%
110%
USDT
$1.00
0.00
$0.00
8,151.43720
$8,153.41
19.67%
110%
Docs ↗Discord ↗Privacy ↗Terms of Service ↗
v1.14.1
Terms and Conditions
TERMS OF SERVICE
Last Revised on May 7th, 2023
These Terms of Service (these “Terms”) explain the terms and conditions by which
you may access and use our websites, https://www.primeprotocol.xyz/ and
https://app.primeprotocol.xyz/ (the “Websites”), the Interface (as defined
below), operated on behalf of Prime Protocol Inc. ( “Company”, “we” or “us”) and
any other Services provided by the Company, including any related content,
tools, features and functionality (collectively, the “Services”).
These Terms govern your access to and use of the Services. Please read these
Terms carefully, as they include important information about your legal rights.
By accessing and/or using the Services, you are agreeing to these Terms. If you
do not understand or agree to these Terms, please do not use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the
Services. If you use the Services on behalf of a company or other entity then
“you” includes you and that entity, and you represent and warrant that (a) you
are an authorized representative of the entity with the authority to bind the
entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
Section 9 contains an arbitration clause and class action waiver. By agreeing to
these Terms, you agree (a) to resolve all disputes with us related to the
Services through binding individual arbitration, which means that you waive any
right to have those disputes decided by a judge or jury, and (b) to waive your
right to participate in class actions, class arbitrations, or representative
actions in connection with your use of the Services. You have the right to
opt-out of arbitration as explained in Section 9.
1. 1. THE SERVICES
1. Services. The Services provide users with access to a front-end
interface (the “Interface”) which allows users to interface with a set
of decentralized open-sourced smart contracts that allow users to (a)
deposit digital assets into a liquidity pool to be borrowed by other
users, and/or (b) take out loans against their portfolio of digital
assets. These underlying smart contracts are referred to herein as the
“Protocol”. The Protocol itself is not part of the Services, and your
use of the Protocol is entirely at your own risk. The Interface is
separate and distinct from the Protocol and is one, but not the
exclusive means of accessing the Protocol. All activity on the Protocol
is run by permissionless smart contracts, and other developers are free
to create their own interfaces to function with the Protocol. You
acknowledge and agree that the Company does not operate any liquidity
pools on the Protocol, it is not a lender or broker, and that it does
not originate or control any loans that you may execute via the
Services. The Company has the ability to pause transactions on the
Interface, if it decides in its sole discretion that such actions are
necessary to ensure the security of user funds or data.
2. 1.1 Wallets. To use certain of the Services you may need to link a
third-party digital wallet (“Wallet”) with the Services. By using a
Wallet in connection with the Services, you agree that you are using
the Wallet under the terms and conditions of the applicable third-party
provider of such Wallet. Wallets are not associated with, maintained
by, supported by or affiliated with the Company. You acknowledge and
agree that we are not party to any transactions conducted while
accessing the Interface, and we do not have possession or custody over
any digital assets appearing on the Services. The Company accepts no
responsibility or liability to you in connection with your use of a
Wallet, and makes no representations and warranties regarding how the
Services will operate with any specific Wallet. The private keys and/or
seed phrases necessary to decrypt a Wallet are held solely by you, and
not by the Company. The Company has no ability to help you access or
recover your private keys and/or seed phrases for your Wallet, so
please keep them in a safe place.
3. 1.2 Updates; Monitoring. To use certain of the Services you may need to
link a third-party digital wallet (“Wallet”) with the Services. By
using a Wallet in connection with the Services, you agree that you are
using the Wallet under the terms and conditions of the applicable
third-party provider of such Wallet. Wallets are not associated with,
maintained by, supported by or affiliated with the Company. You
acknowledge and agree that we are not party to any transactions
conducted while accessing the Interface, and we do not have possession
or custody over any digital assets appearing on the Services. The
Company accepts no responsibility or liability to you in connection
with your use of a Wallet, and makes no representations and warranties
regarding how the Services will operate with any specific Wallet. The
private keys and/or seed phrases necessary to decrypt a Wallet are held
solely by you, and not by the Company. The Company has no ability to
help you access or recover your private keys and/or seed phrases for
your Wallet, so please keep them in a safe place.
2. 2. FEES
1. 2.1 The Company may charge or pass through fees for some or part of the
Services we make available to you, including transaction or processing
fees, blockchain gas or similar network fees. We will disclose the
amount of fees we will charge or pass through to you for the applicable
Service at the time you access, use or otherwise transact with the
Services. Although we will attempt to provide accurate fee information,
any such information reflects our estimate of fees, which may vary from
the fees actually paid to use the Services and interact with the
applicable blockchain with which the Services are compatible.
Additionally, your external Wallet provider may impose a fee to
transact on the Services. We are not responsible for any fees charged
by a third party. All transactions processed through the Services are
non-refundable. You will be responsible for paying any and all taxes,
duties and assessments now or hereafter claimed or imposed by any
governmental authority associated with your use of the Services. In
certain cases, your transactions through the Services may not be
successful due to an error with the blockchain or the Wallet. We accept
no responsibility or liability to you for any such failed transactions,
or any transaction or gas fees that may be incurred by you in
connection with such failed transactions. You acknowledge and agree
that all information you provide with respect to transactions on the
Services, including, without limitation, credit card, bank account,
PayPal or other payment information is accurate, current and complete,
and you have the legal right to use such payment method.
2. 2.2 Once a transaction has been initiated, it cannot be reversed,
cancelled or changed.
3. 2.3 It is your sole responsibility to determine whether and to what
extent, any taxes apply to any transactions and to withhold, collect,
report and remit the correct amounts of taxes to the appropriate tax
authorities.
3. 3. WHO MAY USE OUR SERVICES
1. 3.1 You must be eighteen (18) years of age or older and not be a
Prohibited Person to use the Services. A “Prohibited Person” is any
person or entity that is (a) listed on any U.S. Government list of
prohibited or restricted parties, including the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Department of Commerce Denied Person’s List or Entity List, (b) located
or organized in any U.S. embargoed countries or any country that has
been designated by the U.S. Government as a “terrorist supporting”, or
(c) owned or controlled by such persons or entities listed in (a)-(b).
By using the Services, you represent and warrant that you meet these
requirements and will not be using the Services for any illegal
activity or to engage in the prohibited activities in Section 5.2. We
may require you to provide additional information and documents
regarding your use of the Services, including at the request of any
competent authority or in case of application of any applicable law or
regulation, including laws related to anti-money laundering or for
counteracting financing of terrorism. We may also require you to
provide additional information or documents in cases where we have
reason to believe (i) that your Wallet is being used for illegal money
laundering or for any other illegal activity, or (ii) you have
concealed or reported false identification information or other
details.
4. 4. LOCATION OF OUR PRIVACY POLICY
1. 4.1 Privacy Policy. Our Privacy Policy describes how we handle the
information you provide to us when you use the Services. For an
explanation of our privacy practices, please visit our Privacy Policy
located at
https://docs.primeprotocol.xyz/other-information/privacy-policy
5. 5. RIGHTS WE GRANT YOU
1. 5.1 Right to Use Services. We hereby permit you to use the Services for
your personal non- commercial use only, provided that you comply with
these Terms in connection with all such use. If any software, content
or other materials owned or controlled by us are distributed to you as
part of your use of the Services, we hereby grant you, a personal,
non-assignable, non-sublicensable, non-transferrable, and non-exclusive
right and license to access and display such software, content and
materials provided to you as part of the Services, in each case for the
sole purpose of enabling you to use the Services as permitted by these
Terms. Your access and use of the Services may be interrupted from time
to time for any of several reasons, including, without limitation, the
malfunction of equipment, periodic updating, maintenance or repair of
the Service or other actions that Company, in its sole discretion, may
elect to take.
2. 5.2 Restrictions On Your Use of the Services. You may not do any of the
following in connection with your use of the Services, unless
applicable laws or regulations prohibit these restrictions or you have
our written permission to do so:
(a) download, modify, copy, distribute, transmit, display, perform,
reproduce, duplicate, publish, license, create derivative works from,
or offer for sale any information contained on, or obtained from or
through, the Services, except for temporary files that are
automatically cached by your web browser for display purposes, or as
otherwise expressly permitted in these Terms;
(b) duplicate, decompile, reverse engineer, disassemble or decode the
Services (including any underlying idea or algorithm), or attempt to do
any of the same;
(c) use, reproduce or remove any copyright, trademark, service mark,
trade name, slogan, logo, image, or other proprietary notation
displayed on or through the Services;
(d) use automation software (bots), hacks, modifications (mods) or any
other unauthorized third-party software designed to modify the
Services;
(e) exploit the Services for any commercial purpose, including without
limitation communicating or facilitating any commercial advertisement
or solicitation;
(f) access or use the Services in any manner that could disable,
overburden, damage, disrupt or impair the Services or interfere with
any other party’s access to or use of the Services or use any device,
software or routine that causes the same;
(g) attempt to gain unauthorized access to, interfere with, damage or
disrupt the Services, or the computer systems or networks connected to
the Services;
(h) circumvent, remove, alter, deactivate, degrade or thwart any
technological measure or content protections of the Services;
(i) use any robot, spider, crawlers, scraper, or other automatic
device, process, software or queries that intercepts, “mines,” scrapes,
extracts, or otherwise accesses the Services to monitor, extract, copy
or collect information or data from or through the Services, or engage
in any manual process to do the same;
(j) introduce any viruses, trojan horses, worms, logic bombs or other
materials that are malicious or technologically harmful into our
systems;
(k) submit, transmit, display, perform, post or store any content that
is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy,
excessively violent, pornographic, invasive of privacy or publicity
rights, harassing, threatening, abusive, inflammatory, harmful,
hateful, cruel or insensitive, deceptive, or otherwise objectionable,
use the Services for illegal, harassing, bullying, unethical or
disruptive purposes, or otherwise use the Services in a manner that is
obscene, lewd, lascivious, filthy, excessively violent, harassing,
harmful, hateful, cruel or insensitive, deceptive, threatening,
abusive, inflammatory, pornographic, inciting, organizing, promoting or
facilitating violence or criminal or harmful activities, defamatory,
obscene or otherwise objectionable;
(l) violate any applicable law or regulation in connection with your
access to or use of the Services; or
(m) access or use the Services in any way not expressly permitted by
these Terms.
3. 5.3 Interactions with Other Users on the Services. You are responsible
for your interactions with other users on or through the Services.
While we reserve the right to monitor interactions between users, we
are not obligated to do so, and we cannot be held liable for your
interactions with other users, or for any user’s actions or inactions.
If you have a dispute with one or more users, you release us (and our
affiliates and subsidiaries, and our and their respective officers,
directors, employees and agents) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with such disputes. In entering
into this release you expressly waive any protections (whether
statutory or otherwise) that would otherwise limit the coverage of this
release to include only those claims which you may know or suspect to
exist in your favor at the time of agreeing to this release.
4. 5.4 Beta Offerings. From time to time, we may, in our sole discretion,
include certain test or beta features or products in the Services
(“Beta Offerings”) as we may designate from time to time. Your use of
any Beta Offering is completely voluntary. The Beta Offerings are
provided on an “as is” basis and may contain errors, defects, bugs, or
inaccuracies that could cause failures, corruption or loss of data and
information from any connected device. You acknowledge and agree that
all use of any Beta Offering is at your sole risk. You agree that once
you use a Beta Offering, your content or data may be affected such that
you may be unable to revert back to a prior non-beta version of the
same or similar feature. Additionally, if such reversion is possible,
you may not be able to return or restore data created within the Beta
Offering back to the prior non-beta version. If we provide you any Beta
Offerings on a closed beta or confidential basis, we will notify you of
such as part of your use of the Beta Offerings. For any such
confidential Beta Offerings, you agree to not disclose, divulge,
display, or otherwise make available any of the Beta Offerings without
our prior written consent.
6. 6. OWNERSHIP AND CONTENT
1. 6.1 Ownership of Services. The Services, including their “look and
feel” (e.g., text, graphics, images, logos), proprietary content,
information and other materials, are protected under copyright,
trademark and other intellectual property laws. You agree that the
Company and/or its licensors own all right, title and interest in and
to the Services (including any and all intellectual property rights
therein) and you agree not to take any action(s) inconsistent with such
ownership interests. We and our licensors reserve all rights in
connection with the Services and its content, including, without
limitation, the exclusive right to create derivative works.
2. 6.2 Ownership of Trademarks. The Company’s name, trademarks and logos
and all related names, logos, product and service names, designs and
slogans are trademarks of the Company or its affiliates or licensors.
Other names, logos, product and service names, designs and slogans that
appear on the Services are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by us.
3. 6.3 Ownership of Feedback. We welcome feedback, comments and
suggestions for improvements to the Services (“Feedback”). You
acknowledge and expressly agree that any contribution of Feedback does
not and will not give or grant you any right, title or interest in the
Services or in any such Feedback. All Feedback becomes the sole and
exclusive property of the Company, and the Company may use and disclose
Feedback in any manner and for any purpose whatsoever without further
notice or compensation to you and without retention by you of any
proprietary or other right or claim. You hereby assign to the Company
any and all right, title and interest (including, but not limited to,
any patent, copyright, trade secret, trademark, show-how, know- how,
moral rights and any and all other intellectual property right) that
you may have in and to any and all Feedback.
7. 7. THIRD PARTY SERVICES AND MATERIALS
1. 7.1 Use of Third Party Materials in the Services. Certain Services may
display, include or make available content, data, information,
applications or materials from third parties (“ Third Party Materials”)
or provide links to certain third party websites. By using the
Services, you acknowledge and agree that the Company is not responsible
for examining or evaluating the content, accuracy, completeness,
availability, timeliness, validity, copyright compliance, legality,
decency, quality or any other aspect of such Third Party Materials or
websites. We do not warrant or endorse and do not assume and will not
have any liability or responsibility to you or any other person for any
third-party services, Third Party Materials or third-party websites, or
for any other materials, products, or services of third parties. Third
Party Materials and links to other websites are provided solely as a
convenience to you.
8. 8. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
1. 8.1 Disclaimers.
(a) Your access to and use of the Services are at your own risk. You
understand and agree that the Services are provided to you on an “AS
IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the
maximum extent permitted under applicable law, the Company, its
parents, affiliates, related companies, officers, directors, employees,
agents, representatives, partners and licensors (the “Company
Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR
IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. The Company Entities make no warranty or representation
and disclaim all responsibility and liability for: (i) the
completeness, accuracy, availability, timeliness, security or
reliability of the Services, (ii) any harm to your computer system,
loss of data, or other harm that results from your access to or use of
the Services, (iii) the operation or compatibility with any other
application or any particular system or device, including any Wallets,
and (iv) whether the Services will meet your requirements or be
available on an uninterrupted, secure or error-free basis. No advice or
information, whether oral or written, obtained from the Company
Entities or through the Services, will create any warranty or
representation not expressly made herein.
2. 8.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU
AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR
DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE,
DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES,
ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER
UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH
THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY
ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B)
FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE
OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE
OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT
APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY
DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED
DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE
ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
3. 8.3 Assumption of Risks.
(a) By using the Services, you represent that you have sufficient
knowledge and experience in business and financial matters, including a
sufficient understanding of blockchain or cryptographic tokens and
technologies and other digital assets, storage mechanisms (such as
Wallets), blockchain-based software systems, and blockchain technology,
to be able to assess and evaluate the risks and benefits of the
Services contemplated hereunder, and will bear the risks thereof,
including loss of all amounts paid, and the risk that the tokens may
have little or no value. You acknowledge and agree that there are risks
associated with purchasing and holding cryptocurrency and using
blockchain technology. These include, but are not limited to, risk of
losing access to cryptocurrency due to loss of private key(s),
custodial error or purchaser error, risk of mining or blockchain
attacks, risk of hacking and security weaknesses, risk of unfavorable
regulatory intervention in one or more jurisdictions, risk related to
token taxation, risk of personal information disclosure, risk of
uninsured losses, volatility risks, and unanticipated risks.
(b) The regulatory regime governing blockchain technologies,
cryptocurrencies, and tokens is uncertain, and new regulations or
policies may materially adversely affect the potential utility or value
of tokens. There also exists the risks of new taxation of the purchase
or sale of tokens.
4. 8.4 Indemnification. By entering into these Terms and accessing or
using the Services, you agree that you shall defend, indemnify and hold
the Company Entities harmless from and against any and all claims,
costs, damages, losses, liabilities and expenses (including attorneys’
fees and costs) incurred by the Company Entities arising out of or in
connection with: (a) your violation or breach of any term of these
Terms or any applicable law or regulation, (b) your violation of any
rights of any third party, (c) your misuse of the Services, or (d) your
negligence or wilful misconduct. If you are obligated to indemnify any
Company Entity hereunder, then you agree that Company (or, at its
discretion, the applicable Company Entity) will have the right, in its
sole discretion, to control any action or proceeding and to determine
whether Company wishes to settle, and if so, on what terms, and you
agree to fully cooperate with Company in the defense or settlement of
such claim.
9. 9. ARBITRATION AND CLASS ACTION WAIVER
1. 9.1 PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT
YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND
TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY
BINDING ARBITRATION AND A CLASS ACTION WAIVER.
2. 9.2 Informal Process First. You and the Company agree that in the event
of any dispute between you and the Company Entities, either party will
first contact the other party and make a good faith sustained effort to
resolve the dispute before resorting to more formal means of
resolution, including without limitation, any court action, after first
allowing the receiving party thirty (30) days in which to respond. Both
you and the Company agree that this dispute resolution procedure is a
condition precedent which must be satisfied before initiating any
arbitration against the other party.
3. 9.3 Arbitration Agreement and Class Action Waiver. After the informal
dispute resolution process, any remaining dispute, controversy, or
claim (collectively, “Claim”) relating in any way to the Company’s
services and/or products, including the Services, and any use or access
or lack of access thereto, will be resolved by arbitration, including
threshold questions of arbitrability of the Claim. You and the Company
agree that any Claim will be settled by final and binding arbitration,
using the English language, administered by JAMS under its
Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then
in effect (those rules are deemed to be incorporated by reference into
this section, and as of the date of these Terms). Because your contract
with the Company, these Terms, and this Arbitration Agreement concern
interstate commerce, the Federal Arbitration Act (“FAA”) governs the
arbitrability of all disputes. However, the arbitrator will apply
applicable substantive law consistent with the FAA and the applicable
statute of limitations or condition precedent to suit. Arbitration will
be handled by a sole arbitrator in accordance with the JAMS Rules.
Judgment on the arbitration award may be entered in any court that has
jurisdiction. Any arbitration under these Terms will take place on an
individual basis – class arbitrations and class actions are not
permitted. You understand that by agreeing to these Terms, you and the
Company are each waiving the right to trial by jury or to participate
in a class action or class arbitration.
4. 9.4 Exceptions. Notwithstanding the foregoing, you and the Company
agree that the following types of disputes will be resolved in a court
of proper jurisdiction: (a) d isputes or claims within the jurisdiction
of a small claims court consistent with the jurisdictional and dollar
limits that may apply, as long as it is brought and maintained as an
individual dispute and not as a class, representative, or consolidated
action or proceeding, (b) disputes or claims where the sole form of
relief sought is injunctive relief (including public injunctive
relief), or (c) intellectual property disputes.
5. 9.5 Costs of Arbitration. Payment of all filing, administration, and
arbitrator costs and expenses will be governed by the JAMS Rules,
except that if you demonstrate that any such costs and expenses owed by
you under those rules would be prohibitively more expensive than a
court proceeding, the Company will pay the amount of any such costs and
expenses that the arbitrator determines are necessary to prevent the
arbitration from being prohibitively more expensive than a court
proceeding (subject to possible reimbursement as set forth below). Fees
and costs may be awarded as provided pursuant to applicable law. If the
arbitrator finds that either the substance of your claim or the relief
sought in the Demand is frivolous or brought for an improper purpose
(as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), then the payment of all fees will be governed by the
JAMS rules. In that case, you agree to reimburse the Company for all
monies previously disbursed by it that are otherwise your obligation to
pay under the applicable rules. If you prevail in the arbitration and
are awarded an amount that is less than the last written settlement
amount offered by the Company before the arbitrator was appointed, the
Company will pay you the amount it offered in settlement. The
arbitrator may make rulings and resolve disputes as to the payment and
reimbursement of fees or expenses at any time during the proceeding and
upon request from either party made within fourteen (14) days of the
arbitrator’s ruling on the merits.
6. 9.6 Opt-Out. You have the right to opt-out and not be bound by the
arbitration provisions set forth in these Terms by sending written
notice of your decision to opt-out to contact@primeprotocol.xyz. The
notice must be sent to the Company within thirty (30) days of your
first registering to use the Services or agreeing to these Terms;
otherwise you shall be bound to arbitrate disputes on a non-class basis
in accordance with these Terms. If you opt out of only the arbitration
provisions, and not also the class action waiver, the class action
waiver still applies. You may not opt out of only the class action
waiver and not also the arbitration provisions. If you opt-out of these
arbitration provisions, the Company also will not be bound by them.
7. 9.7 WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY
EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM OR
CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE
PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED
CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR
PROCEEDING (“CLASS ACTION”). YOU AND THE COMPANY AGREE TO WAIVE THE
RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS
ACTION. YOU AND THE COMPANY EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A
CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION,
THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE
CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR
ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND THE COMPANY
AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN
ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF
A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK
PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT
WITH THE EXCEPTIONS CLAUSE ABOVE. IF THIS CLASS ACTION WAIVER IS
LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES
MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE
NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING
IS PERMITTED TO PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE
LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY
PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL OR CONSOLIDATED OR
REPRESENTATIVE ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION
AND NOT IN ARBITRATION.
10. 10. ADDITIONAL PROVISIONS
1. 10.1 Updating These Terms. We may modify these Terms from time to time
in which case we will update the “Last Revised” date at the top of
these Terms. If we make changes that are material, we will use
reasonable efforts to attempt to notify you, such as by e-mail and/or
by placing a prominent notice on the first page of the Website.
However, it is your sole responsibility to review these Terms from time
to time to view any such changes. The updated Terms will be effective
as of the time of posting, or such later date as may be specified in
the updated Terms. Your continued access or use of the Services after
the modifications have become effective will be deemed your acceptance
of the modified Terms. No amendment shall apply to a dispute for which
an arbitration has been initiated prior to the change in Terms
2. 10.2 Suspensionon; Termination. If you breach any of the provisions of
these Terms, all licenses grantedby the Company will terminate
automatically. Additionally, the Company may, in its sole discretion,
suspend or terminate your access to or use of any of the Services, with
or without notice, for any or no reason, including, without limitation,
(a) if we believe, in our sole discretion, you have engaged in any of
the prohibited activities set forth in Section 5.2, (b) if you provide
any incomplete, incorrect or false information to us, (c) if you have
breached any portion of these Terms, and/or (d) if we determine such
action is necessary to comply with these Terms, any of our policies,
procedures or practices, or any law rule or regulation. All sections
which by their nature should survive the termination of these Terms
shall continue in full force and effect subsequent to and
notwithstanding any termination of this Agreement by the Company or
you. Termination will not limit any of the Company’s other rights or
remedies at law or in equity.
3. 10.3 Injuctive Relief. You agree that a breach of these Terms will
cause irreparable injury to the Company for which monetary damages
would not be an adequate remedy and the Company shall be entitled to
equitable relief in addition to any remedies it may have hereunder or
at law without a bond, other security or proof of damages.
4. 10.4 California Residents. If you are a California resident, in
accordance with Cal. Civ. Code § 1789.3, you may report complaints to
the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs by contacting them in
writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834,
or by telephone at (800) 952-5210.
5. 10.5 Export Laws. You agree that you will not export or re-export,
directly or indirectly, the Services and/or other information or
materials provided by the Company hereunder, to any country for which
the United States or any other relevant jurisdiction requires any
export license or other governmental approval at the time of export
without first obtaining such license or approval. In particular, but
without limitation, the Services may not be exported or re-exported (a)
into any U.S. embargoed countries or any country that has been
designated by the U.S. Government as a “terrorist supporting” country,
or (b) to a Prohibited Person. You are responsible for and hereby agree
to comply at your sole expense with all applicable United States export
laws and regulations.
6. 10.6 Force Majeure. We will not be liable or responsible to you, nor be
deemed to have defaulted under or breached these Terms, for any failure
or delay in fulfilling or performing any of our obligations under these
Terms or in providing the Services, when and to the extent such failure
or delay is caused by or results from any events beyond our ability to
control, including acts of God, flood, fire, earthquake, epidemics,
pandemics, tsunami, explosion, war, invasion, hostilities (whether war
is declared or not), terrorist threats or acts, riot or other civil
unrest, government order, law, or action, embargoes or blockades,
strikes, labor stoppages or slowdowns or other industrial disturbances,
shortage of adequate or suitable Internet connectivity,
telecommunication breakdown or shortage of adequate power or
electricity, and other similar events beyond our control.
7. 10.7 Miscellaneous. If any provision of these Terms shall be unlawful,
void or for any reason unenforceable, then that provision shall be
deemed severable from these Terms and shall not affect the validity and
enforceability of any remaining provisions. These Terms and the
licenses granted hereunder may be assigned by the Company but may not
be assigned by you without the prior express written consent of the
Company. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for reference only and
shall not be read to have any legal effect. The Services are operated
by us in the United States. Those who choose to access the Services
from locations outside the United States do so at their own initiative
and are responsible for compliance with applicable local laws. These
Terms are governed by the laws of the State of Tennessee, without
regard to conflict of laws rules, and the proper venue for any disputes
arising out of or relating to any of the same will be the arbitration
venue set forth in Section Error: Reference source not found, or if
arbitration does not apply, then the state and federal courts located
in Tennessee.
8. 10.8 How to Contact Us. You may contact us regarding the Services or
these Terms by phone at (615) 208-3127, or by e-mail at
contact@primeprotocol.xyz.
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