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eoscostarica / eos-rate

EOS Block Producer Ratings and Voting Portal :star2:
https://eosrate.io
MIT License
27 stars 26 forks source link

Create a Terms of Service #402

Open edgarithm opened 4 years ago

edgarithm commented 4 years ago

Create a terms of use page that renders ricardian contract for rateproducer

Same concept as in

https://www.lifebank.io/terms-of-use

edgarithm commented 4 years ago

Here is an example of a terms of service for an EOSIO dapp:

Connect wallet to start using Acueos Press the Login button at the top right.

Terms of Service Welcome to the use of acueos.io, a web site of FIGUERZ LLC ("we", "our", or "us"). This page explains the terms by which you may use acueos.io.

By accessing or using the decentralized EOS moneymarket smart contract ("Protocol") and/or the acueos.io web site, you signify that you have read, understood, and agree to be bound by the terms of it (“Agreement”). FIGUERZ LLC reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access acueos.io (“Users”).

Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

Acueos Site Acueos.io provides access to the Protocol on the EOS blockchain, that allows suppliers or borrowers of EOS assets (“Assets”) to transact using smart contracts (“Smart Contracts”). We may, without prior notice, change acueos.io; stop providing acueos.io or features of acueos.io, to you or to Users generally; or create usage limits for acueos.io.

Assumption of Risk; Release of Claims You acknowledge that the Protocol, Smart Contracts and acueos.io contain certain risks, including without limitation the following risks: That any Smart Contracts you interact with are entirely your own responsibility / liability, and FIGUERZ LLC is not a party to the Smart Contracts. At any time, your access to your Assets may be suspended or terminated or there may be a delay in your access or use of your Assets which may result in the Assets diminishing in value or you being unable to complete a Smart Contract; if you are a borrower of Assets and if your collateral declines such that your collateral is no longer sufficient to secure your borrowed Assets, other users may seize your collateral to close out your borrowed Asset balance; and the Protocol may be suspended or terminated for any or no reason, which may limit your access to your Assets.

Accordingly, you expressly agree that: (A) you assume all risk in connection with your access and use of the Protocol, Smart Contracts and/or acueos.io; and (B) that you expressly waive and release FIGUERZ LLC from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the Protocol, Smart Contracts and/or acueos.io. If you are a California resident, you waive California Civil Code §1542, which says: “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.”

No Warranty The Protocol and acueos.io is provided on an “as is” and “as available” basis. Use of the Protocol and/or acueos.io is at your own risk. To the maximum extent permitted by applicable law, the Protocol and acueos.io is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from FIGUERZ LLC or through the will create any warranty not expressly stated herein. Without limiting the foregoing, FIGUERZ LLC, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Protocol and acueos.io will meet your requirements; that the Protocol and acueos.io will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the acueos.io is free of viruses or other harmful components.

Limitation of Liability In no event shall FIGUERZ LLC, its agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to FIGUERZ LLC hereunder or $100.00, whichever is lesser. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if FIGUERZ LLC has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Governing Law You agree that: (i) that acueos.io shall be deemed solely based in Washington state; and (ii) the acueos.io shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Washington state. This Agreement shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that Washington is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

Arbitration For any dispute with FIGUERZ LLC, you agree to first contact us at joseph@figuerz.com and attempt to resolve the dispute with us informally. In the unlikely event that FIGUERZ LLC has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Washington, unless you and FIGUERZ LLC agree otherwise. If you are using acueos.io for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the acueos.io for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction after first engaging in arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing FIGUERZ LLC from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the smart contract and/or acueos.io for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and FIGUERZ LLC are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

Entire Agreement ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

Severability If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.