Terms of Service
Last Updated: June 30, 2022
Welcome to https://saucerswap.finance, a website-hosted user interface (the “Site”) provided by Ground Zero Crypto, LLC d/b/a Saucerswap Labs, a Maryland limited liability company (“Company” or “we” or “us” or “our”). These Terms of Service (the “Agreement”) and our Privacy Policy (“Privacy Policy”), attached hereto as Addendum 1, which is incorporated by reference, govern your use of the Site and other domain names linking to the Site or offered by the Company. The Site, use of the Site and any and all services offered by Company are collectively called the “Service.” Read this Agreement carefully as this Agreement explains the terms and conditions by which you access and use the Service offered by the Company.
BY CLICKING “I ACCEPT”, BELOW, AND/OR BY ACCESSING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND SHALL BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In that case, “you” and “your” will refer to YOU AND that entity. Please review the Privacy Policy, which also governs your use of the Service, for information on how the company collects, uses and shares your information.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THIS AGREEMENT YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 21 “DISPUTE RESOLUTION” FOR DETAILS REGARDING ARBITRATION.
The value of cryptocurrencies of all types can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in cryptocurrency. You should carefully consider whether trading or holding cryptocurrency is suitable for you in light of your financial condition. The Company is not registered with the U.S. Securities and Exchange Commission and does not offer securities serviceS in the United States to U.S. persons, or elsewhere. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS NOT, AND NOTHING IN THIS AGREEMENT IS, SUBJECT TO THE PROTECTIONS OR INSURANCE PROVIDED BY THE fEDERAL dEPOSIT INSURANCE CORPORATION (fdic) OR THE SECURITIES INVESTOR PROTECTION CORPORATION.
Be aware that: You are fully responsible for any transactions undertaken in connection with the Service. We do not control your transactions and cannot stop a transaction or reverse a transaction after it occurred. To access the Service, you must have the necessary equipment and associated subscription to access the Internet. Access to the Service may become degraded or unavailable during times of significant volatility or volume. WE DO NOT REPRESENT IN ANY WAY THAT THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM OR ARISING OUT OF TRANSACTION DELAYS, LOSSES, OR CANCELLATIONS. Furthermore, there are inherent risks associated with the underlying technologies and you agree that the Company is not responsible for any losses or damages associated with issues with technologies. The Company shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer ISSUES, MALFUNCTIONS, viruses or other malicious code that may affect your equipment, or any phishing, spoofing or other attack.
1. Changes and Modifications to the Agreement. We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at docs.saucerswap.finance. All modifications will be effective when they are posted, and your continued use of the Service will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Service. We may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
2. Eligibility. You represent that you are at least eighteen (18) years old and can enter into a binding contract with the Company and are not otherwise prohibited from using the Service under any applicable law. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or on the Office of Foreign Assets Control (“OFAC”) list as kept by the U.S. Department of the Treasury, or where your use of the Service would be illegal or otherwise violate any applicable law. You further represent that your access and use of the Service will fully comply with all applicable laws and regulations, and that you will not access or use the Service to conduct, promote, or otherwise facilitate any illegal activity. We do not agree to provide the Service to anyone in any jurisdiction that is subject to sanctions programs administered by the U.S. Department of the Treasury. Upon our request, you agree to provide us with certain Personal Information (as defined in the Privacy Policy) for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such Personal Information. See the Privacy Policy on how we treat your data. We reserve the right to alter your access and use of the Service as a result of information collected about you on an ongoing basis. The Service is offered to you in the Company’s sole discretion and we may choose to not offer the Service or discontinue your access to the Service at any time and in our sole discretion without notice to you.
3. Content. The Service may allow you to store and share content including, but not limited to, posts to communicate with others, files, documents, graphics, images, music, software, audio and video (known altogether as the “Post(s)”). The Company does not claim any ownership rights to the Posts and nothing in this Agreement restricts any rights that you may have to your Posts. By making Posts on the Service, you grant the Company a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display and perform your Posts in connection with providing the Service. You are solely responsible for your Posts and represent and warrant that you have all rights that are necessary to grant us license rights in your Post. You represent and warrant that your Posts and your provision of the Posts to be made available through the Service, nor any use of the Posts by the Company on or through the Service, will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity, privacy, or result in the violation of any applicable law or regulation. We are not responsible in any way for removal or deletion of (or the failure thereof) the Posts, but we reserve the right and are not obligated to remove or disable access to any Posts at any time and without any notice to you. Furthermore, you agree that your Posts are not defamatory, obscene, pornographic, vulgar, offensive, or promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, is violent or threatening or promotes violence or actions that are threatening to any person or entity; or promotes illegal or harmful activities or substances.
4. Proprietary Rights. The Company owns all intellectual property and other rights in the Service and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs and is protected by laws of the United States and foreign countries. However, we do not own or control the underlying software protocols which govern the operation of cryptocurrency in conjunction with the Service. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute it. 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.
5. Limited License for the Site. The Company grants you a limited, nonexclusive, nontransferable license, subject to this Agreement to access and use the Service (and for avoidance of doubt, the Site), related content, materials, and information (known altogether as the “Content”). Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to use the Content. Use of the Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You agree to not copy, transmit, distribute, sell, license, reverse engineer, decompile, disassemble, modify, publish, create derivative works from, rent, sublicense, lease, to any third party or in any other way exploit any of the Content. You must also comply with any applicable third-party terms of Service.
6. Prohibitions. In relation to your use of and access to the Service, you agree to not carry on any activity that 1. infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law; 2. seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks; 3. seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another; 4. violates the integrity of the Service, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading; 5. violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by U.S. law; 6. creates any unsolicited or unauthorized advertising, promotion materials, email, junk mail, spam, chain letters, or any other form of solicitation; and 7. collects or stores any personally identifiable information from the Service from other users of the Service without their express permission; 8. impersonates or misrepresents your affiliation with any person or entity; 9. uses the Company and the Service to exchange any cryptocurrency (token, coin, or otherwise) that is prohibited under applicable law in your jurisdiction.
7. Links to Third-Party Websites. The Service may allow you to access third-party websites or other resources (known as “Third-party Websites”). We are in no way responsible or liable for the content, products, promotions, and/or any service that may be offered or are available on Third-party Websites. You accept full responsibility and assume all risk arising from your use of Third-party Websites and expressly relieve us of any and all liability arising from your use of any such Third-party Websites and the content, products, promotions, and/or service within.
8. Third-Party Resources. You acknowledge that you are solely responsible for, and assume all risk arising from, your use of any third-party resources. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Service. Information provided by third parties, including, but not limited to, historical price and other data for cryptocurrency, is for informational purposes only and we make no representations or warranties to its accuracy. Additionally, we may use third party tools to monitor and analyze the use of our Service, and to automate certain processes related to the development and operation of our Service. YOU HEREBY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, OR (C) INTERRUPTION IN ANY SUCH DATA.
9. No Assurance of Accuracy / No Professional Advice. Content and information provided through the Service may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and Service. You should verify all information provided through the Service before relying on it, and all decisions based on information contained through the Service is your sole responsibility and we shall have no liability for such decisions. Furthermore, any and all content and information provided through the Service shall not be construed as professional advice. We do not provide any advice including, but not limited to, legal, investment, brokerage, tax, or financial. You should not take, and refrain from taking, any action based on any content or information contained in the Service. You should seek independent professional advice from a duly licensed individual who is qualified in the area for which such advice would be appropriate. You are solely responsible for determining whether any use of the Service is appropriate for you based on your individual circumstances.
10. Promotions. From time to time, we may make available special offers or promotions to select or qualifying users of the Service (the “Promotion”). For avoidance of doubt, we have no obligation to make the Promotion available to all users of the Service. Subject to applicable laws, we reserve to right to offer the Promotion at our sole discretion and may establish qualifying criteria to participate in the Promotion. We reserve the right and may revoke the Promotion at any time without notice. We make no recommendation, nor do we provide any advice about the value of the Promotion.
11. Taxes. You are solely and fully liable and responsible for your own taxes. It is up to you to determine what extent taxes may apply to any transactions you conduct through your use of the Service and to withhold, collect, report, and remit the taxes to the appropriate tax authority.
12. NO WARRANTIES. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, COURSE OF DEALING, OR USAGE OF TRADE. FOR AVOIDANCE OF DOUBT, We do not represent or warrant that access to the Service will be continuous, uninterrupted, timely, or secure; that the information contained in the SERVICE will be accurate, reliable, complete, or current; or that the SERVICE will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the SERVICE.
13. Release of Claims. You expressly agree that you assume all risks in connection with your access and use of the Service and that you do so at your own risk. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Service. YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOCURRENCY AND OTHER DIGITAL ASSETS. YOU FURTHER UNDERSTAND THAT THE MARKETS FOR CRYPTOCURRENCY AND OTHER DIGITAL ASSETS ARE HIGHLY VOLATILE AND THAT THEY MAY LOSE VALUE. yOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES AND RISKS AND SHALL NOT BE HELD LIABLE, IN ANY WAY, FOR ANY LOSSES OR OTHER DAMAGES THAT YOU MAY EXPERIENCE WHILE USING THE SERVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT USERS OF THE SERVICE MAY CREATE THEIR OWN LIQUIDITY POOLS AND ACCEPT ANY AND RISKS ASSOCIATED WITH THE LIQUIDITY POOLS. If you are a California resident, you waive the benefits and protections of 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.”
14. No Fiduciary Duties. This Agreement does not, nor does it intend to, create or impose any fiduciary duties on us. You acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party. To the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated by you. Furthermore, you agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
15. Indemnification. You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, insurers, consultants, contractors, agents, affiliates, and subsidiaries (altogether known as “Company Representatives”) from and against all claims, damages, obligations, losses, liabilities, costs, and expenses in any way related to or arising from: (a) your access and use of the Service; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; (c) any other party’s access and use of the Service with your assistance or using any device that you own or control; and (d) your Posts.
16. Consequential Damages Waiver. To the maximum extent permitted by law, under no circumstances shall we or any Company Representatives be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, lost revenues, lost savings, goodwill, business opportunity, system failure, computer damage, or the cost of substitute Service arising out of or in connection with the Agreement or relating to any access or use of or inability to use the Service whether or not we or Company Representatives have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. We will also not be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or the information contained within it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Service; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Service; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Service; and (g) the defamatory, offensive, or illegal conduct of any third party.
17. Limitation of Liability. Under no circumstances shall we or Company Representatives be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Service, or $.00, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we or a Company Representative have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
18. Fees. Generally, the Company makes a small percentage fee on the input cryptocurrency users trade (the “Fee”). By using our Service, you agree to the payment and reasonableness of the Fee.
19. Unauthorized Transactions. When a transaction occurs using your credentials, we will assume that you authorized such transaction. In any event and without limitation, we are not responsible and you release us from damages and agree to not commence any Disputes (as defined below) for any claim for unauthorized or incorrect transactions. Furthermore, you acknowledge that you may not be able to cancel, reverse, or change any transaction that you undertake using the Service.
20. Governing Law and Venue. You agree that the laws of the State of Wyoming, without regard to the principles of conflict of laws, govern this Agreement and any Dispute between the parties. You further agree that although the Service may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the State of Wyoming. You agree that Raleigh, North Carolina, the county of Wake, is the proper forum for any appeals of an arbitration award, for court proceedings in the event that this Agreement’s binding arbitration clause is found to be unenforceable, or for any Disputes that you and we are not required to arbitrate.
21. Dispute Resolution. If a potential Dispute arises you must contact us via the notice provision in Section 22(E) (Notice) so that we can attempt to resolve it without resorting to formal dispute resolution. If we are not able to reach an informal resolution within sixty days of your notice date, then you and we both agree to resolve the potential dispute according to the process set forth below.
A. Mediation. At the sole discretion of the Company, we may first choose to attempt to resolve the Dispute in mediation. Mediation shall be held in Raleigh, North Carolina, county of Wake, unless the parties agree otherwise. We reserve the right to appear by video conference to the fullest extent permitted by law.
B. Mandatory Arbitration. We each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement. Notwithstanding, you and we may both seek to resolve a Dispute in small claims court if it qualifies; and we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. This arbitration provision shall survive termination of this Agreement.
C. Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules and per Section 22(E) (Notice) within this Agreement. Arbitration shall be held in Raleigh, North Carolina, county of Wake, unless the parties agree otherwise. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. We reserve the right to appear by video conference to the fullest extent permitted by law.
D. Arbitration Cost. You and we will each be responsible for our own cost of arbitration, unless the arbitrator finds your dispute frivolous.
E. Class Action and Jury Trial Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void. You and we both agree to waive the right to demand a trial by jury.
22. General Terms.
A. Severability. With the exception of any of the provisions of Section 21(E) (Class Action and Jury Trial Waiver), if an arbitrator or court of competent jurisdiction decides that any of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.
B. Entire Agreement. This Agreement constitutes the entire and exclusive understanding and agreement between you and us regarding the Service, and this Agreement supersedes and replaces all prior oral or written understandings or agreements between you and us regarding the Service. You may not assign or transfer this Agreement, by operation of law or otherwise, without our signed, written, consent. Any attempt by you to assign or transfer this Agreement, without such consent will be null. We reserve the right to freely assign and transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Should we be acquired or merged with a third-party entity, we reserve the right to transfer or assign the information (including Personal Information) we have collected from you as part of such merger, acquisition, sale, or other change of control.
C. Relationship of the Parties. We are an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and us to be treated as partners, joint ventures, or either you or us to be treated as the agent of the other.
D. Force Majeure. We are not liable for delays, failure in performance or interruption of Service, or any other losses or damages which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, market volatility, denial of service attacks, hacking, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet service or network provider service, failure of equipment and/or software, other catastrophe or any other occurrence which is substantially beyond our control and shall not affect the validity and enforceability of any remaining provisions.
E. Notice. Any notice or communications required to be given to us under this Agreement will be given and received via (i) email at [email protected], read and delivery receipt requested and confirmed; or (ii) sent by an overnight service with tracking capabilities to the address below, upon receipt; or (iii) sent by certified mail, upon signed receipt.
Attn: Ground Zero Crypto, LLC dba Saucerswap Labs
2148 BALTIMORE BLVD
FINKSBURG MD 21048
F. Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (known altogether as “Communication(s)”) that we may provide to you in connection with your use of the Service. You agree that we may provide such Communications via the primary email address you supply to us in your profile, instant chat, and/or through other electronic communications including but not limited to text messages or mobile push notifications. It is your responsibility to provide us with a true, accurate, and complete contact information. If we send you a Communication, but you do not receive it because your contact information is incorrect, blocked by a service provider, out of date, or you are otherwise unable to receive electronic Communications, we will have been deemed to have provided the Communication to you.
G. Drafting Ambiguities. Each party to this Agreement has reviewed this Agreement. The parties agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement.
H. Cumulative Nature. All rights, remedies and warranties set forth in this Agreement are cumulative of, and in addition to, any other rights, remedies and warranties set forth in this Agreement, or at law, in equity, or otherwise.
I. Waiver of Rights. A party’s decision not to insist on strict performance of any requirement of this Agreement shall not operate or be construed to waive any future omission or breach, or any other provision of this Agreement. This Agreement shall not be construed to waive rights that cannot be waived under applicable state laws in the state where you are located.
J. Termination / Survival. We may terminate your access to and use of the Service at any time, for any reason, in our sole discretion and without notice to you. Upon any termination, discontinuation or cancelation of the Service, the following sections will survive: Content, Limited License for the Site, Links to Third-Party Websites, Third-Party Resources, No Assurance of Accuracy / No Professional Advice, Promotions, No Fiduciary Duties, Termination / Survival, Taxes, No Warranties, Release of Claims, Indemnification, Consequential Damages Waiver, Limitation of Liability, Governing Law and Venue, Dispute Resolution, General Terms.
Last modified 8mo ago