TERMS & CONDITIONS The following Terms of Service (“ToS”)govern your use of the WUT LABS Inc owned and operated. web-based platform encompassing (https://watchustrade.live/, https://watchustrade.io, www.wut.live and selected other domains (the “platform” or the “website”).
WUT LABS INCAND ALL OF ITS THIRD-PARTY LICENSOR'S EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE PLATFORM, INCLUDING THE INFORMATION, DATA,SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USEOR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED ORERROR-FREE ACCESS OR USE. THEPLATFORM AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. WUT.LIVE makes no guarantees or warranties of any kind as to the adequacy, completeness,sufficiency, timeliness or accuracy of any material available in or through theplatform. You hereby agree that any monetary claims of any kind assessed against WUT LABS INC arising out of or relating to the use of the platform shall not exceed the total amount you (or any other user) paid to WUT LABS INC for the platform during the previous twelve (12) months. In no event shall WUT LIVE be liable to you, or to any third party, for any lost profits, incidental,consequential, punitive, special, or indirect damages arising out of or in connection with the platform or the ToS, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise.
This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet provider), unauthorized access, theft, operator errors,strikes or other labor problems or any force majeure. WUT LABS INC cannot and does not guarantee continuous, uninterrupted or secure access to the platform.Indemnity. You agree to indemnify and hold WUT LABS INC and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the platform, breach of the ToS or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.Choice of Law; Disputes. You will resolve any claim, cause of action or dispute(together a “claim”) you have with WUT LABS INC arising out of or relating to the website or the ToS exclusively in a state or federal court located in NewYork County, New York. The laws of the State of New York will govern the ToS,as well as any claim that may arise between you and WUT LABS INC, without regard to conflict of law principles. You agree to submit to the exclusive personal jurisdiction of the courts of the State of New York, located in NewYork County, for the purpose of litigating all such claims. In any dispute arising under the ToS, the prevailing party will be entitled to reasonable attorneys’ fees and expenses. Any dispute arising hereunder or related to your use of the platform shall be solely between you and WUT LABS INC, and to the fullest extent permitted by law, no dispute or proceeding shall be joined with any other or decided on a class-action basis. In the event any breach of this agreement portends irreparable injury to WUT Labs, you agree that WUT LIVE shall be entitled to seek equitable relief, including injunctions and declaratory judgments, in addition to any other remedies permitted by law.Marketing of Names. When you announce closed transactions via your website or press release or other broad disclosure methods, WUT Labs Inc may disseminate its own release to its constituents indicating the use of theplatform in association with said transaction.
WUT.LIVE may add your entity’s name to WUT Labs Inc Member roster, which is professionally presented from time to time on its website and in marketing materials. Miscellaneous. The ToS sets forth the entire understanding and agreement between the parties with respect to the subject matter herein(excluding the terms and conditions of any client agreement you may have entered into separately with WUT.live). You may not assign the ToS, or assign, transfer or sublicense your rights, if any, in the platform. A failure to act with respect to a breach by you or others does not waive WUT.live right to act with respect to subsequent or similar breaches. In the event that any provision or any portion of any provision of the ToS shall be held to be void or unenforceable, the remaining provisions of the ToS (and the balance of any provisions held void or unenforceable in part only) shall continue in full force and effect. If you do not agree with any part of these terms and conditions, or you have a dispute or claim against WUT.LIVE or its supplier or affiliates with respect to the ToS you should immediately refrain from using the platform.
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