SuperYeti Inc. Terms & Conditions

1. Welcome to SuperYeti – Terms of Use

These Terms of Use (“Terms”) apply to your purchase, sale and display of SuperYeti non-fungible tokens (“SYNFTs”). Every SYNFT is unique and gains you access to the www.superyeti.co or other SuperYeti Inc. websites (collectively, the “SuperYeti”) where you can play, build, make friends and participate in live events with others in SuperYeti. Therefore, it is important SuperYeti Inc. lets you know how to use and care for your SYNFT.

These Terms are entered into between you and SuperYeti Inc. (the “Company,” “we,” or “us”). These Terms expressly incorporate any other documents referenced herein. To the extent that there is any conflict between those documents’ terms and these Terms, the more specific language shall control. These Terms govern your access to and use of SuperYeti, as well as all content, functionality, and services offered on or through the Site, including the SYNFTs.

2. Reviewing and Accepting These Terms

These Terms set out your rights and responsibilities when you use SuperYeti to buy SYNFTs or participate in SuperYeti’s activities and services (the “Services”). You must agree to these Terms when you purchase a SYNFT for the first time or activate an previously purchased SYNFT. If a SYNFT is resold on the secondary market, the seller shall inform the buyer that the sale is subject to these Terms. If you don’t accept these Terms, your SYNFT will not be able to participate in SuperYeti.

SYNFTs are stored on and accessible through the Ethereum blockchain. As such, the Company does not maintain the SYNFTs on SuperYeti and, aside from regulating access to and protecting SuperYeti, including the related intellectual property, the Company has no control over the transfer, storage, ownership or maintenance of the SYNFT.

By agreeing to these Terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms, you must not access or use the Site. You accept and agree to be bound and abide by these Terms and all of the terms incorporated herein by reference when you purchase a SYNFT or access SuperYeti.

By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration. You have the ability to opt-out of this arbitration clause by sending us notice of your intent to do so within thirty (30) days of your initial agreement to these Terms as described later in these Terms.

The Company reserves the right to change or modify these Terms at any time and in its sole discretion. You will be agreeing to any revised Terms if you access SuperYeti following any change to these Terms. You should review the Terms each time you access SuperYeti to ensure that you understand how the Terms apply to your activities.

3. About SuperYeti

To use SuperYeti, you will need to have a web browser and a wallet that is compatible with the Non-Fungible Token (NFT) standard on the Ethereum network. You will need to connect your cryptocurrency wallet to SuperYeti using MetaMask. All transactions regarding the Company are managed and confirmed via the Ethereum blockchain. Your Ethereum public address may be made publicly visible whenever you engage in a transaction. The Company does not own or control your web browser, your crypto currency wallet, the Ethereum network, or any other third-party service that you might use to perform a transactions in SuperYeti. The Company is not liable for the acts or omissions of these third-party applications, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

You may link your cryptocurrency wallet to SuperYeti. In doing so, you are solely responsible for maintaining the security of your wallet and its access or authentication credentials, cryptocurrency keys, and any assets that are stored in or are accessible through your wallet. Unauthorized access to your wallet could result in the loss or theft of your SYNFTs, funds held or linked to your wallet and your financial information. The Company is not responsible for the security of your cryptocurrency wallet or financial information. Let us know immediately if you believe that there has been unauthorized or suspicious activity in your cryptocurrency wallet related to SuperYeti.

4. Terms of Sale

When you buy a SYNFT or a SuperYeti Service, you agree that you are submitting a binding offer to purchase that SYNFT or other Service. No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.

If you are the initial purchaser of a SYNFT or you are purchasing a Service, then all amounts due are to be paid to the Company. Otherwise, if you are purchasing a SYNFT from an current SYNFT owner, the purchase price is due to the SYNFT owner.

If you sell your SYNFT on certain third-party NFT marketplaces, the sale is subject to these Terms. If you sell a SYNFT on a third-party NFT marketplace, you agree to include the following statement: “Subject to Terms and Conditions for SuperYeti.co.”

In addition, the Company may receive 10% of the SYNFT’s sale price (“Royalty”). It is your responsibility to check the third-party NFT marketplace’s terms and conditions prior to initiating the sale. Neither you nor any third-party or subsequent purchaser of a SYNFT has any right to the Royalty or any portion thereof.

Where applicable, the Company has the right to collect Royalties for SYNFT sales in perpetuity and may use those funds in any manner Company sees fit.

5. Intellectual Property – SuperYeti Content

SuperYeti and all content and other materials contained therein, including, without limitation, logos, text, graphics, artwork, pictures, video files, sound files, information, software, data, Yeti chants and anthems, other files, and the selection and arrangement thereof (collectively, “SuperYeti Content”) are the Company’s property or its affiliates, licensors, or users, as applicable. The name SuperYeti, the SuperYeti logo, and any slogan, name, logo or mark associated with any SuperYeti product or service (including those that may appear on SuperYeti or elsewhere) (collectively, “SuperYeti Marks”) are trademarks owned by the Company or its affiliates, and may not be copied, imitated or used, in whole or in part, without the Company’s express prior written permission. (More on this below as it relates to the use and care of your SuperYeti.)

You may not use any SuperYeti Content or link to SuperYeti without the Company’s express prior written permission. You may not frame or mirror any SuperYeti Content without the Company’s express prior written consent. SuperYeti Content, including without limitation, its arrangement, presentation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of the Company and may not be imitated, duplicated or used, in whole or in part, without the Company’s prior written permission.

Other than SuperYeti Marks, all other trademarks, product names, and logos on SuperYeti are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.

Your SYNFT gives you access to exclusive content and experiences in SuperYeti. The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use SuperYeti Content. In return for this license, you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the programs administered by U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity. You further agree not to engage in any other activity or behavior that poses a threat to the Company, SuperYeti or other participants in SuperYeti or Services.

Except as expressly permitted in writing by the Company, you also agree not to (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any SuperYeti Content; (2) modify or create derivative works from SuperYeti Content, or any portion thereof; or (3) use any data mining, scrapers, robots, or otherwise gather or extract data from SuperYeti Content.

6. Intellectual Property – SuperYeti NFT (SYNFT)

A. Ownership: SYNFTs are unique digital creations based upon content that is owned exclusively by the Company. When you purchase a SYNFT you own only the NFT and not the associated art or other intellectual property. Nevertheless, you may use your NFT in any of the ways permitted by these Terms. You agree that purchasing a SYNFT does not include the purchase of any copyright in the SYNFT or its content and you understand and agree that the Company may sell, license, modify, display, publish and create derivative works based upon your SYNFT or its content.

B. General Use: Subject to your full and continued compliance with these Terms, the Company grants you a limited worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, make Approved Modifications (as defined in these Terms), and display your SYNFT and SYNFT image (“SYNFT Art”) solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a marketplace that permits the purchase and sale of your SYNFT, provided that the marketplace cryptographically verifies each SYNFT owner’s rights to display the SYNFT to ensure that only the actual owner of the SYNFT can display the SYNFT; or (c) as part of a third-party website or application that permits the inclusion, involvement, or participation of your SYNFT, provided that the website/application cryptographically verifies each SYNFT owner’s rights to display the SYNFT to ensure that only the actual owner of the SYNFT can display the SYNFT, and provided that the SYNFT is no longer visible once the owner of the SYNFT leaves or logs out of the applicable website/application.

C. Approved Modifications:  Subject to your continued compliance with these Terms, the Company grants you a limited, worldwide, non-exclusive, non-transferable license to make certain modifications to the SYNFT Art, namely creating customization of the appearance of your SuperYeti such as adding clothing or accessories to your SuperYeti, changing the color or style of your SuperYeti’s fur, and similar customization.

D. Commercial Use License: Subject to your continued compliance with these Terms, the Company grants you a limited, worldwide, non-exclusive, non-transferable license to use, copy, display, and make Approved Modifications  to the SYNFT or the SYNFT Art for the purpose of commercializing your own electronic or physical merchandise that includes, contains, or consists of the SYNFT or SYNFT Art (“Commercial Use”).

Commercial Use may not be unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content, as determined in the Company’s sole discretion. The Company will make reasonable efforts to warn you before reclaiming your SYNFT.

Each SNYFT is unique and only an original SYNFT sold by the Company can enter SuperYeti. If you create Approved Modifications of the SYNFT Art, these creations can’t enter SuperYeti and you may not claim or otherwise imply that the Company has endorsed, sponsored or is otherwise associated with your SYNFT Art.

Commercial Use authorized under these Terms also does not (a) include any form of collaboration or involvement of any brand or other third party or otherwise promote or sell a brand or products or services associated with any third party, (b) involve the creation of any interactive experience, including without limitation video games or interactive media, (c) include use of any SuperYeti Marks or other indicia associated with the Company (aside from your SYNFT Art); (d) create a platform, metaverse or universe based upon the SuperYeti characters or Superyeti Content.

E. Destruction of Your SYNFT: Please be aware that, just like the transfer of cryptocurrency, the transfer of your SYNFT to an incorrect wallet address is irreversible, and cannot be cancelled or reversed. If you send your SYNFT to a bad or incorrect address, if a SYNFT is lost or destroyed, including burning or deleting your SYNFT, you will no longer own your SYNFT and that SYNFT will not be able to regain access to SuperYeti. You will therefore lose access to the Site, and the Services of SuperYeti (including the content and functionality that is offered through the Site).

F. If you are unsure whether a contemplated use of SuperYeti Content or a SYNFT and its content, including the creation of SYNFT Art, would violate these Terms, please contact us at info@superyeti.co.

7. Your Obligations in SuperYeti

You agree that you are responsible for your own conduct while accessing or using SuperYeti, and for any consequences arising from it. You agree to use SuperYeti only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. Included in the things that you can’t do or allow any third party to do are: (a) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content, or any content that infringes upon the rights of any third party, including but not limited to third party rights of publicity, privacy, copyright, trademark or patent; (b) distribute viruses or any other items of a destructive or deceptive nature; (c) send, upload or otherwise make available through SuperYeti any content that infringes the intellectual proprietary rights of any party; or (d) modify, adapt, translate, or reverse engineer any portion of SuperYeti. The Company may, at its sole discretion, without notice to you and without limiting its rights or remedies at law or in equity may reclaim you SYNFT and immediately suspend or terminate your access to SuperYeti.

8. Comments and Bug Reports

You may submit comments, bug reports, ideas or other feedback about SuperYeti (together, “Comments”) to: info@superyeti.com. If you submit Comments, you grant the Company a perpetual, irrevocable, nonexclusive, worldwide license to use the submitted Comments any purpose. You further agree that the Company is free to use such Comments as it wants and without additional compensation to you.

9. Third Party Sites

While in SuperYeti, you may be presented with links to other websites, services or resources. These links are presented for entertainment or convenience purposes only. Access these third-party websites, services or resources at your own risk. The Company does not endorse or control these websites, services or resources and you agree that the Company is not liable for the content, services, accuracy or legality or any other aspect of third-party websites or services.

10. Taxes and Gas Fees

The Company is not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (collectively, the “Taxes”), that may apply to any transactions in SuperYeti. You agree that you are solely responsible for determining what, if any, Taxes apply to your transactions and to report and remit any applicable Taxes to the appropriate taxing authorities. If the Company is required to pay any Taxes on your behalf, you will remit payment to the Company within thirty days (30) of notification by the Company.

Ethereum requires the payment of a transaction fee (called a “Gas Fee”) for every transaction that occurs on the Ethereum network. You will be solely responsible to pay the Gas Fee.

11. Privacy

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, which is incorporated into these Terms.

12. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE COMPANY, SUPERYETI AND ANY SUPERYETI CONTENT CONTAINED THEREIN, AND ANY AND ALL SYNFTS PROVIDED BY THE COMPANY OR LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY, AND ITS RESPECTIVE PAST, PRESENT AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS MAKE NO WARRANTY THAT SUPERYETI WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, OR SAFE.

THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED IN SUPERYETI. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SUPERYETI CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SUPERYETI, SUPERYETI CONTENT, ANY SYNFTS LISTED ON SUPERYETI OR OUR OTHER SITES, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS RELATED TO THE USE OF SYNFTS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING OR OTHER MEANS OF ATTACK AGAINST SUPERYETI OR SYNFTS.

SYNFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. THE COMPANY CANNOT GUARANTEE THAT IT CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY SYNFT .

THE ABOVE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS MAY NOT APPLY IN ALL JURISDICTIONS.

13. Limitation of Liability

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, SUPERYETI OR RELATED SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO ANY OTHER ECONOMIC LOSS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACCESS TO, AND USE OF, SUPERYETI, SUPERYETI CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF SUPERYETI, SUPERYETI CONTENT, SYNFTS, OR ANY SERVICES PURCHASED ON SUPERYETI OR OTHER COMPANY SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICES IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.

14. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “SuperYeti Inc. Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, the “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of SuperYeti, SuperYeti Content, or SYNFTs, (b) your violation of these Terms, (c) your violation of the rights of a third party, including, but not limited to, copyright, trademark or patent rights or rights of publicity, and (e) your failure to pay any Taxes in connection with your transactions in SuperYeti. You agree to promptly notify us of any third party Claims and cooperate with the SuperYeti Inc. Parties in defending such Claims. You further agree that the SuperYeti Inc. Parties shall have control of the defense or settlement of any third party Claims.

THIS INDEMNITY IS IN ADDITION TO, AND DOES NOT REPLACE OR MODIFY, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND SUPERYETIS INC.

15. Governing Law

These Terms of Use, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms shall be governed by the laws of the State of New York, as if these Terms are a contract wholly entered into and wholly performed within the State of New York.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF SUPERYETI OR PURCHASE OF SYNFTS AS CONTEMPLATED BY THESE TERMS SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF NEW YORK AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.

16. Arbitration Agreement and Venue for Disputes

Carefully read the following arbitration agreement ("Arbitration Agreement"). It requires you to arbitrate disputes with the Company and limits the manner in which you can seek relief from us.

A. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of SuperYeti, to any Services sold or distributed through the Site, including SYNFTs, or to any aspect of your relationship with the Company will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or the Company may seek equitable relief in court for infringement or misuse of any intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

B. Arbitration Rules and Forum. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration under the Arbitration Rules of the American Arbitration Association then in effect, by one commercial arbitrator with substantial experience in resolving intellectual-property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators in accordance with AAA rules.

The seat of the arbitration shall be New York City, New York or such other major city as mutually agreeable to the parties. The language of the arbitration shall be English. Upon agreement of the parties and the arbitrators, pre-hearing conferences and evidentiary hearings may be held in other locations, however the seat of the arbitration will be deemed to remain unchanged and any awards or orders will be deemed to have been made at the seat of the arbitration. The arbitrator(s) shall decide the issues submitted as arbitrators at law only and the arbitral panel shall base its award, and any interim awards, upon the terms of this Agreement and the substantive laws of the State of New York, excluding the conflicts provisions of such law.

The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert-witness fees and all other expenses) incurred in connection with the proceeding. Judgment on the award may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the above, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For the purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York.

WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

C. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. And you agree that to the extent monetary or non-monetary remedy or relief is granted, such request for relief may be enforced as needed by any court of competent jurisdiction.

D. Failure to Participate. The failure or refusal of any party, having been given due notice thereof, to participate at any stage of the dispute resolution proceedings shall not prevent the proceedings from continuing, nor shall such failure or refusal impair the validity of the award or cause the award to be void or voidable, nor shall it be a basis for challenge of the validity or enforceability of the award or of the arbitration proceedings.

E. Waiver of Jury Trial. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as otherwise excluded by these Terms. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

F. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of New York. All other claims shall be arbitrated.

G. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: SuperYeti Inc., legal@superyeti.co, Attention Legal Department, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the cryptocurrency wallet address you used to transact on SuperYeti (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Please be aware, that if you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with the Company.

17. Severability

Except as provided herein, if any part or parts of these Terms are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms shall continue in full force and effect.

18. Survival of Agreement

These Terms will survive the termination of your relationship with the Company.

19. Termination

The Company may terminate your access to all or any part of SuperYeti at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. The Company will not be liable to you or to any third party for any such suspension or termination. All provisions of these Terms, which by their nature w survive termination, shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability. If the Company terminates these Terms or suspends or terminates your access to or use of SuperYeti due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies the Company may have at law or in equity.

20. Modifications

We’ll all work to make SuperYeti a better place. You agree and understand that the Company may modify some or all of SuperYeti and/or the Services without notice, and that we may update these Terms and any other document that is incorporated by reference therein at any time.

Notwithstanding any provision in these Terms to the contrary, if the Company makes any future material change to the Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to us at the following address: SuperYeti Inc., legal@superyeti.co, Attention Arbitration Notice.

21. Severability

Please note that if any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms.

22. No Third Party Beneficiaries

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to, and do not, confer third party beneficiary rights upon any other person or entity.

23. Entire Agreement

These Terms shall comprise the entire agreement between you and us relating to your access to and use of SuperYeti, SuperYeti Content and any SYNFTs you have purchased, and supersede any and all prior oral and written agreements and understandings.