Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the LibPA website, content, data, and services (collectively, the "Services"). LibPA is owned and operated in the United States by Kaitlyn Ehrmantrout, 1750 East Ave, Rochester, NY 14610, USA ("LibPA," "we," "our," or "us"). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our associated policies referenced herein. If you do not agree to these Terms, do not use the Services.
These Terms include important disclaimers, limitations of liability, a binding arbitration provision, and a class action waiver. If you are accessing the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity and that the entity accepts these Terms.
Eligibility and Use
You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to use the Services. Individuals between the ages of 13 and 17 may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Services are not intended for children under 13, and we do not knowingly collect personal information from children under 13.
You may use the Services only in compliance with these Terms and all applicable federal, state, and local laws, rules, and regulations of the United States and any applicable jurisdiction.
Account Registration and Security
To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep your information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must promptly notify us of any known or suspected unauthorized use of your account.
Services and Information
Market Data and Accuracy
The Services may include curated profiles of tokens and protocols, educational materials, exchange comparisons, market data, and other information about crypto assets and blockchain technology. Market data and pricing are subject to delays, interruptions, inaccuracies, and changes. While we strive for accuracy and timeliness, we do not guarantee the completeness, reliability, or availability of any information.
Educational Content; No Investment, Legal, or Tax Advice
All content is provided for informational and educational purposes only. Nothing on the Services constitutes investment, legal, accounting, or tax advice, a solicitation, recommendation, or endorsement to buy or sell any asset, to use any exchange, or to participate in any airdrop or protocol. You are solely responsible for your decisions and should consult qualified professional advisors before acting.
Airdrops and Third-Party Offers
The Services may reference or list airdrops, rewards, or promotional opportunities offered by third parties. Participation may involve significant risks, including scams, phishing, loss of assets, exposure of private keys or personal information, smart contract vulnerabilities, regulatory restrictions, or tax liabilities. We may apply internal criteria to flag or verify opportunities, but we do not guarantee their authenticity, safety, legality, or availability. You assume all risk in interacting with any third-party offering.
Exchange Comparisons and Third-Party Services
The Services may compare exchanges or link to third-party services. We do not own, control, or operate third-party platforms and are not responsible for their actions, omissions, terms, or privacy practices. Your use of any third-party service is subject to that service’s own terms and policies. We are not a broker, dealer, exchange, custodian, money transmitter, or investment adviser, and we do not execute trades or hold customer funds.
Prohibited Activities
You agree not to engage in any of the following:
- Violating any applicable law, regulation, or third-party right.
- Using the Services for fraud, deception, market manipulation, front-running, wash trading, or any unlawful activity.
- Interfering with or disrupting the integrity or performance of the Services, including through scraping, crawling, or automated data collection not authorized by us.
- Attempting to circumvent access controls, security measures, rate limits, or usage restrictions.
- Uploading or transmitting malware, viruses, or harmful code.
- Impersonating any person or entity, or misrepresenting your affiliation.
- Reverse engineering, decompiling, or disassembling the Services except to the extent permitted by law.
- Using the Services to collect, store, or disclose personal data in violation of applicable law.
Intellectual Property
LibPA Content
The Services, including all content, data compilations, texts, graphics, logos, trademarks, and software, are owned by or licensed to LibPA and are protected by U.S. and international laws. Except as expressly permitted, you may not copy, reproduce, modify, distribute, display, or create derivative works of the Services or any content. You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.
User Submissions and Feedback
If you submit or share any content, suggestions, feedback, or ideas with LibPA ("Feedback"), you represent that you have all necessary rights to do so and grant LibPA a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable and transferable license to use, copy, modify, create derivative works of, distribute, display, and otherwise exploit such Feedback for any purpose without compensation to you.
DMCA Notice
We respect intellectual property rights. If you believe that content on the Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA). Your notice must include: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good-faith belief that use of the material is not authorized; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner. Send notices to: Kaitlyn Ehrmantrout, 1750 East Ave, Rochester, NY 14610, USA; Email: [email protected].
Privacy and Data Processing
Your use of the Services may involve the collection and processing of personal information. By using the Services, you consent to our processing of your information consistent with applicable U.S. law. We may use cookies and similar technologies to operate and improve the Services. You are responsible for maintaining the security of your devices and accounts.
Payment, Fees, and Taxes
Certain features may be offered for a fee. Prices and payment terms will be disclosed at the point of purchase and are subject to change. Unless otherwise stated, fees are non-refundable to the maximum extent permitted by law. You are responsible for all applicable taxes, duties, and similar charges arising from your transactions and your use of the Services, including any tax obligations related to crypto assets, airdrops, or rewards.
API and Automated Access
Any application programming interface (API) or automated access is subject to separate authorization and rate limits that we may set or change at any time. You may not use automated means to access the Services without our prior written permission. We may revoke access for any reason.
Service Availability and Changes
We may modify, suspend, or discontinue any part of the Services at any time, with or without notice. We are not liable for any unavailability, downtime, or loss of data. We may impose limits on certain features or restrict access without liability.
Security
We implement reasonable administrative, technical, and physical safeguards designed to protect the Services; however, no method of transmission or storage is completely secure. You are solely responsible for safeguarding your private keys, recovery phrases, wallets, and accounts. We do not and will not request your private keys.
Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
CRYPTO ASSETS ARE INHERENTLY VOLATILE AND RISKY. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. YOU MAY LOSE SOME OR ALL OF YOUR INVESTMENT. YOU ARE RESPONSIBLE FOR DETERMINING THE LEGALITY, SUITABILITY, AND TAX CONSEQUENCES OF YOUR ACTIVITIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LIBPA OR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES, THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold harmless LibPA and its owner, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement or misappropriation of any third-party rights.
Governing Law
These Terms are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to its conflict of law principles.
Dispute Resolution and Arbitration; Class Action Waiver
YOU AND LIBPA AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (COLLECTIVELY, "DISPUTES") WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT, EXCEPT THAT EACH PARTY MAY SEEK RELIEF IN SMALL CLAIMS COURT FOR QUALIFYING CLAIMS AND MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION FOR INTELLECTUAL PROPERTY OR UNAUTHORIZED ACCESS CLAIMS.
The arbitration will be administered by a recognized arbitration provider such as the American Arbitration Association under its applicable rules. The seat of arbitration shall be New York, New York. The language of arbitration shall be English. Judgment on the award may be entered in any court of competent jurisdiction.
CLASS ACTION AND JURY TRIAL WAIVER: YOU AND LIBPA 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, REPRESENTATIVE, OR COLLECTIVE PROCEEDING, AND THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. YOU AND LIBPA WAIVE ANY RIGHT TO A JURY TRIAL.
Opt-Out: You may opt out of arbitration by sending a written notice to [email protected] within 30 days of first accepting these Terms, stating your full name, the email address associated with your account (if any), and that you wish to opt out of arbitration.
Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason or no reason, including if we believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, disclaimers, limitations of liability, indemnification, and dispute resolution.
International Use and Export Compliance
You are responsible for compliance with all applicable export control and sanctions laws of the United States and any other relevant jurisdiction. You may not use the Services if you are located in, under the control of, or a national or resident of any country or region subject to comprehensive U.S. sanctions, or if you are a person on any U.S. government restricted party list.
Electronic Communications; Notices
By using the Services, you consent to receive communications from us electronically, including emails. You agree that all notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Formal notices to LibPA must be sent to: Kaitlyn Ehrmantrout, 1750 East Ave, Rochester, NY 14610, USA; Email: [email protected].
Changes to These Terms
We may update these Terms from time to time. The "Last Updated" date will be revised accordingly. Changes become effective when posted unless otherwise stated. Your continued use of the Services following the posting of changes constitutes your acceptance of the updated Terms.
Accessibility
We endeavor to make the Services accessible. If you experience difficulty accessing any content, please contact us at [email protected] and we will work to provide the information you seek through an alternative method.
Miscellaneous
These Terms constitute the entire agreement between you and LibPA regarding the Services and supersede all prior or contemporaneous understandings. If any provision is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision shall not be deemed a waiver. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms without restriction. Headings are for convenience only. If these Terms are translated into another language, the English version controls.