These Terms of Service (the “Terms”) are a legal agreement between you and Yuga Labs, Inc., a Delaware corporation (“Yuga Labs” or “we”) regarding your use of the website located at [__] and the content and functionalities accessible via the site (collectively, the “Site”), including your purchase of a Deposit through the Site. To make these Terms easier to read, any services we provide through the Site, including such purchases, are collectively called the “Services.”
NOTICE ON PROHIBITED USE – RESTRICTED PERSONS: THE SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY PERSONS OR ENTITIES WHO: (A) RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW; OR (B) LISTED ON THE OFAC SPECIALLY DESIGNATED NATIONALS, BLOCKED PERSONS LIST, OR ANY OTHER CONSOLIDATED PROHIBITED PERSONS LIST AS DETERMINED BY ANY APPLICABLE GOVERNMENTAL AUTHORITY (EACH SUCH PERSON OR ENTITY, A “RESTRICTED PERSON”).
WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A RESTRICTED PERSON, YOU ARE NOT PERMITTED TO, AND DO NOT ATTEMPT TO, USE THE INTERFACE OR ANY RELATED SERVICES. USE OF A SCHEME OR MEAN (E.G., A VIRTUAL PRIVATE NETWORK), WHETHER DIRECT OR INDIRECT, THAT IS INTENDED OR REASONABLY LIKELY TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN 15 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 14 (GOVERNING LAW AND FORUM CHOICE) OR RELEVANT PROVISIONS OF APPLICABLE LAW WILL STILL APPLY.
Agreement to Terms. By accessing the Site and/or using the Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use our Services. Except as otherwise set forth herein, anything you purchase from us is non-refundable.
Privacy Policy. Please review our Privacy Policy, which also governs your use of the Site and is incorporated by reference herein, for information on how we (or our third party representatives, service providers, or affiliates) collect, use, and share your information.
Changes to these Terms or the Site. We may update the Terms from time to time in our sole and absolute discretion. If we do, we’ll let you know by posting the updated Terms on the Site. It’s important that you review the Terms whenever we update them or you use the Site. If you continue to use the Site after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Site anymore. We may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.
Who May Use the Site? You may use the Site only if you are 18 years or older and capable of forming a binding contract with Yuga Labs, and not otherwise barred from using the Site under applicable law.
Feedback. We value your feedback on the Site, but please don’t send us suggestions for improvements, creative ideas, designs, pitch portfolios or other materials (collectively “Unsolicited Ideas”). This policy is aimed at avoiding potential disputes or misunderstandings when our Site might seem similar to Unsolicited Ideas that people submit. We may currently be developing, have developed or in the future will develop ideas or materials internally or receive ideas or materials from other parties that may be similar to Unsolicited Ideas. If you ignore this policy and send us your Unsolicited Ideas anyway, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property or other rights that you own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer for sale, import and otherwise exploit in any manner or medium whatsoever known now or in the future your Unsolicited Ideas for any purpose, without compensation to you.
Yuga Labs’ Intellectual Property. We may make available through the Site content that is subject to intellectual property rights. We or our licensors, or the third parties who otherwise own the intellectual property rights, retain all rights to that content.
General Prohibitions and Yuga Labs’ Enforcement Rights. You agree not to do any of the following:
Use, display, mirror or frame the Site or any individual element within the Site, Site’s name, any Yuga Labs trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Yuga Labs’ express written consent;
Access, tamper with, or use non-public areas of the Site, Yuga Labs’ computer systems, or the technical delivery systems of Yuga Labs’ providers;
Use, or provide ancillary offerings to anyone, that are not offered within the Services by us, such as emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third party program add-ons, and any interference with online or any other action, whether direct or indirect, whether carried out automatically or manually, that is substantially similar to the intent, effect, or purpose of any of the foregoing;
Access or use them on more than one device simultaneously in violation of these Terms;
Attempt to probe, scan or test the vulnerability of any Yuga Labs’ system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Yuga Labs or any of Yuga Labs’ providers or any other third party (including another user) to protect the Site;
Attempt to access or search the Site or download content from the Site using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Yuga Labs or other generally available third-party web browsers;
Use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose
Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Subject to applicable privacy laws, Yuga Labs is not obligated to monitor access to or use of the Site or to review or edit any content. However, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Terms of Deposit and ApeCar Purchase. These Terms also govern your experience as it relates to the purchase of a Deposit (defined below).
Deposit. As part of the Services and provided that you comply with these Terms, you may be able to purchase a deposit (the “Deposit”) that provides you an opportunity, if selected, to purchase a BMW vehicle featuring custom wrapping and other custom features, as described in public announcements from time to time (the “ApeCar”). The person who purchases the ApeCar is referred to herein as the “ApeCar Purchaser.” Your purchase of the Deposit shall also be subject to the terms and conditions of the Shopify Consumer Terms of Service and the Shopify Privacy Policy, which you are encouraged to read carefully.
Additional Deposit Details. Deposits will be available for purchase until [November 1], 2024. Deposits can only be purchased using a credit card. We will not accept cash, cryptocurrency, or any other form of payment. Concurrent with your purchase of a Deposit, you will also provide us with certain information, including your name, email address, physical address, and phone number, so that we may contact you. The information that you provide will be subject to our Privacy Policy, and you hereby consent to us sharing the information that you provide with BMW of North America, LLC and its affiliates (collectively, “BMW”).
Deposit Refunds. The Deposit is fully refundable in the original method of payment, provided that such refund shall be provided to you upon the final determination by Yuga Labs, in its sole discretion, that the ApeCar Purchaser has completed their purchase of the ApeCar. Yuga Labs will use commercially reasonable efforts to provide the refund to you prior to December 31, 2025.
Selection of ApeCar Purchaser and Eligibility.
After the Deposit purchase period, we will select one (1) ApeCar Purchaser among those who have purchased a Deposit. As between you and Yuga Labs, the selection of the ApeCar Purchaser will be done at Yuga Labs’ sole discretion. We will notify you if you are selected as the ApeCar Purchaser via the information you provide to us at the time of the Deposit purchase.
If you are selected as the ApeCar Purchaser, you agree to cooperate with us and BMW in all respects in our determination of your eligibility to complete the purchase of the ApeCar. BMW reserves the right, in its sole and absolute discretion, to decline to sell you the ApeCar. You are not obligated to purchase the ApeCar if selected as the ApeCar Purchaser. In such case, you must inform us of your decision to not purchase the ApeCar and we will select a different Deposit purchaser as the ApeCar Purchaser. Your decision to purchase or to decline to purchase the ApeCar does not affect whether or not you receive a refund of your Deposit.
In order to complete the purchase of the ApeCar, the ApeCar Purchaser must further comply in all respects with BMW’s eligibility and purchase requirements, satisfaction of which is in BMW’s sole and absolute discretion. Such requirements may include and are not limited to verification of age, income, country of residence, and compliance with applicable laws and regulations (such as sanctions and import regulations), and restrictions on exporting or reselling the ApeCar. If you or your purchase of the ApeCar do not meet such eligibility and purchase requirements, you will not be eligible to purchase the ApeCar and we will select a different Deposit purchaser as the ApeCar Purchaser. The ApeCar will be produced and delivered to the ApeCar Purchaser only after verification of eligibility and completion of the purchase contract with BMW or its affiliates.
No Purchasing for Resale. Deposits are intended solely for the end consumer who purchased it, and the purchase of Deposits for resale is strictly prohibited. “Purchase for resale” means the purchase of the Deposit by someone who intends to resell the Deposit to others (including but not limited to other individuals, consumers, businesses, or third parties). If Yuga Labs, in its sole and absolute discretion, determines that a purchase or order is intended for resale, Yuga Labs reserves the right, in its sole and absolute discretion, as it relates to such purchase or order, to (i) suspend the application of these Terms that provides a right or benefit intended for direct to consumer purchases, and (ii) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any customer, cancel purchases, decline to issue refunds or take returns, deny access to this Site and the Services, and/or suspended or close any account.
Our Right to Reject Your Purchase or Cancel an Order. Sale of Deposits are subject to our discretion in managing the number of purchasers and your compliance with these Terms, in each case as determined by us in our sole discretion. We explicitly reserve the right to limit, decline, or reject any sales for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale, including but not limited to in the following situations:
Any act or event beyond Yuga Labs’ reasonable control, including without limitation supply chain shortages, strikes, lock-outs, or other industry action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war, fire, explosion, storm, flood, earthquake, hurricane, monsoon, subsidence, epidemic, pandemic, or other natural desire, or failure of public or private telecommunication networks;
Your address, billing information, or form of payment is incorrect or cannot be verified;
Your order is flagged by our systems as potentially fraudulent, or an order placed with automated ordering software or technology;
There is evidence, determined in our sole discretion, that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other purpose in violation of these Terms;
Your purchase or order exceeds the product purchase limits (quantity and/or dollar amount);
Your account and/or purchase history shows an excessively high volume of returns;
There is evidence, determined in our sole discretion, that you are not eligible to make purchases; or
In the event of misspelling, pricing, or other errors or mistakes on the Site.
Other Terms. Any images of the ApeCar as it appears on the Site is concept only and are subject to change. The exact design and specifications of the ApeCar will be determined at the time of purchase by the ApeCar Purchaser from BMW.
No Refunds or Exchanges. Except as otherwise set forth herein, all sales through the Site are final, and once you purchase or place an order for a product, you are ineligible to receive a refund or exchange.
Links to Third Party Websites or Resources. The Site may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
Termination. We may suspend or terminate your access to and use of the Site, at our sole discretion, at any time and without liability or notice to you. Upon any termination, discontinuation or cancellation of these Terms or the Site, the following Sections will survive: 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15.
Warranty Disclaimers.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS,” ANY REPRESENTATION, CERTIFICATION, GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YUGA LABS, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “YUGA LABS PARTIES”) EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE YUGA LABS PARTIES, INDIVIDUALLY AND COLLECTIVELY, MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE YUGA LABS PARTIES MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error- free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Site. Any reliance you place on such information or content is strictly at your own risk.
WHILE YUGA LABS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, THE YUGA LABS PARTIES CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR VULNERABILITIES (COLLECTIVELY, THE “MALICIOUS CODE”). THERE ARE RISKS ASSOCIATED WITH PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET (INCLUDING THE RISK OF MALICIOUS SOFTWARE INTRODUCTION AND THE RISK THAT THIRD PARTIES MAY OBTAIN UNAUTHORIZED ACCESS TO INFORMATION STORED WITHIN YOUR WALLET), AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACCEPT AND ACKNOWLEDGE THAT THE YUGA LABS PARTIES WILL NOT BE RESPONSIBLE FOR ANY BREACH OF SECURITY OR THE RESULT OF YOUR INTERACTION WITH ANY MALICIOUS CODE AS A RESULT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, THE YUGA LABS PARTIES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) BLOCKCHAIN NETWORKS, DIGITAL ASSETS WALLETS, OR CORRUPT FILES; OR (II) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
Indemnity. You will indemnify and hold Yuga Labs and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site, or (b) your violation of these Terms.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF YUGA LABS, ITS SERVICE PROVIDERS, OR BMW, TO THE EXTENT INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND THE SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YUGA LABS OR ITS SERVICE PROVIDERS 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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL YUGA LABS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YUGA LABS AND YOU.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 (Dispute Resolution), the exclusive jurisdiction for all Disputes (defined below) that you and Yuga Labs are not required to arbitrate will be the state and federal courts located in the State of Delaware, and you and Yuga Labs each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.
PLEASE READ THIS SECTION 15 CAREFULLY BECAUSE IT MAY REQUIRE YOU AND YUGA LABS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF FROM EACH OTHER. This Section 15 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.
By agreeing to these Terms, and to the extent permitted by applicable law, you and Yuga Labs agree that any and all past, present and future disputes, claims or causes of action between you and Yuga Labs arising out of or relating to these Terms or the Services, the formation of these Terms or any other dispute between you and Yuga Labs or any of Yuga Labs' licensors, distributors, suppliers or agents, and whether arising prior to or after your agreement to this Section 15 (collectively, "Dispute(s)"), will be governed by the procedure outlined below. You and Yuga Labs further agree that any arbitration pursuant to this Section 15 shall not proceed as a class, group or representative action.
We Both Agree To Arbitrate. By agreeing to these Terms, and to the extent permitted by applicable law, you and Yuga Labs each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.
Exceptions. As limited exceptions to Section 15(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; (ii) we each retain the right to seek injunctive or other equitable relief from a court as authorized in Section 14 solely to prevent (or to enjoin) the infringement or misappropriation of our intellectual property rights; (iii) we each may bring an action in a court as authorized in Section 14 for temporary injunctive relief until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief; and (iv) either party may move to compel arbitration pursuant to this Section 15 or to enforce an arbitral award issued hereunder, in a court as authorized in Section 14 or in any other court of competent jurisdiction.
Conducting Arbitration and Arbitration Rules. You and Yuga Labs agree that JAMS ("JAMS") will administer the arbitration under its Streamlined Rules in effect at the time arbitration is sought ("JAMS Rules"). Those rules are available at www.jamsadr.com. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Yuga Labs further agree that, unless and only to the extent prohibited under JAMS Rules, the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The JAMS Rules will govern payment of all arbitration fees. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules (or JAMS Comprehensive Rules, as applicable per below), and we will not seek to recover the administration and arbitrator fees we are responsible for paying unless the arbitrator finds your Dispute is frivolous.
Proceedings Requiring Three Arbitrators. Notwithstanding any language to the contrary in Section 15(c), if a party either seeks a monetary award in excess of One Million Dollars ($1,000,000) or seeks an equitable form of relief that would significantly impact other Yuga Labs users, in each case as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators and take place pursuant to the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Comprehensive Rules”). Each party shall select one neutral arbitrator, with the third neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. That third arbitrator shall serve as chair of the arbitral panel and must be a retired judge with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section 15(d) shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or through the JAMS selection process – participate in the arbitral panel. You and Yuga Labs agree that any award issued by a three-arbitrator panel may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election.
Batch Arbitration. To increase efficiency of resolution, in the event twenty-five (25) or more similar arbitration demands against Yuga Labs, presented by or with the assistance of the same law firm or organization, are submitted to JAMS in accordance with the rules described above within a thirty (30) day period, JAMS shall consolidate those arbitrations as contemplated in the JAMS Rules by (a) grouping the arbitration demands into batches of no more than twenty-five (25) demands per batch (plus, to the extent there are fewer than twenty-five (25) arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (b) providing for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. For avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair your right to present any evidence or argument that you think particular to your case, so long as consistent with JAMS Rules. You agree to cooperate in good faith with Yuga Labs and JAMS to implement such a batch approach to resolution and fees.
Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR YUGA LABS SHALL BE ENTITLED: TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE OR MASS ARBITRATION OR LITIGATION; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO RECOVER FOR LOSSES INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF SECTIONS 15(D), (E) OR (F) OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 15 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY'S ELECTION.
Severability. With the exception of any of the provisions in Section 15(f) of these Terms (“Class Action and Collective Arbitration Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms.
Reservation of Rights. Yuga Labs and its licensors exclusively own all right, title and interest in and to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws of the United States and other jurisdictions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Yuga Labs and you regarding the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between Yuga Labs and you regarding the Site. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Yuga Labs’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Yuga Labs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns
Notices. Any notices or other communications provided by Yuga Labs under these Terms will be given by posting to the Site.
Contact Information. If you have any questions about these Terms or the Site, please contact Yuga Labs at support@yugalabs.io.