โ๏ธUser Agreement
Please read the terms carefully as they govern your use of Tsp.exchange Services.
The Tsp.exchange Platform (hereinafter referred to as the โPlatformโ, โweโ or โusโ) allows its users (hereinafter referred to as โthe Usersโ or โyouโ) to trade in Digital Assets (as defined herein) and also provides other services related to Digital Assets (the โServicesโ). For convenience, you and we are hereby collectively referred to as โboth Partiesโ and individually as โeach Partyโ.
By accessing, downloading, using, or clicking on โI agreeโ to accept any Tsp.exchange Services provided by us, you agree that you have read, understood, and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as โthese Termsโ). In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
Please read the terms carefully as they govern your use of Tsp.exchange Services. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly. There is a substantial risk of economic losses when purchasing, selling, holding, or investing in Digital Currencies and their derivatives. BY MAKING USE OF Tsp.exchange SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF Tsp.exchange SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) Tsp.exchange SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using, or attempting to use Tsp.exchange Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Tsp.exchange or utilize Tsp.exchange services.
1. Definitions
โUsersโ means users of the Tsp.exchange Platform.
โAccountโ means your account with the Platform.
โAgreementโ means the Tsp.exchange Platform User Agreement.
โDigital Currenciesโ refer to encrypted or digital tokens or cryptocurrencies with a certain value that is based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
2. General Provisions
2.1 About Tsp.exchange
Tsp.exchange is a transparent application programmed via smart contracts to autonomously provide its Services directly to users who access the Sites. We autonomously provide, without any intermediary: deposits; execution; settlement; transaction clearing; trading data provision; and other Services. In addition, users maintain self-custody of their Digital Assets at all times.
Although Tsp.exchange has been committed to maintaining the accuracy of the information provided through Tsp.exchange Services, Tsp.exchange cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance, or appropriateness, nor shall Tsp.exchange be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Tsp.exchange Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Tsp.exchange does not provide investment or consulting advice of any kind and is not responsible for the use or interpretation of information on Tsp.exchange or any other communication medium. All Users of Tsp.exchange services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
2.2 User Representations and Warranties
2.2.1. If you access or use our service, you expressly represent and warrant to us the following:
(a) If you enter into these Terms of Use, then you are not a US Person or Restricted Person and are not accessing the service from a US IP address or Restricted Territories IP address. For the purposes of these Terms of Use, a โRestricted Territoryโ or collectively the โRestricted Territoriesโ mean the following territories: Iran, Cuba, North Korea, Syria, Myanmar, the regions of Crimea, Donetsk, or Luhansk, or any other country or region that is the subject of any economic sanctions by the United States or European Union.
(b) You are not the subject of economic or trade sanctions enforced by any governmental authority (โSanctioned Personโ). You do not intend to transact with or on behalf of any Restricted Person or Sanctioned Person.
(c) If you are entering into these Terms of Use as an individual, then you are of legal age in the jurisdiction in which you reside and have the legal capacity to enter these Terms of Use and be bound by the Terms of Use.
(d) If you enter into these Terms of Use as an entity, then you must have the legal authority to accept these Terms of Use on that entityโs behalf, in which case โyouโ will mean that entity.
(e) You do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply under these Terms of Use.
(f) Your access to the Services is not prohibited by and does not otherwise violate or assist you in violating any domestic or foreign law, regulation, statute, order, protocol, code, directive, guideline, or other applicable law that may apply to you that relates to your use of the Protocol.
(g) Your access does not contribute to or facilitate any illegal activity.
2.2.2. If you access or use the APP, Sites, and its Services, you expressly acknowledge, understand, and agree to the following:
(a) At any time, the APP, the Sites, and its Services may be inaccessible or inoperable for any reason due to causes beyond the reasonable control of the platform, or that could not be reasonably foreseen. There may be disruptions, temporary or permanent interruptions, or unavailability of the underlying infrastructure to the software, hosting, or blockchain and smart contract functions of the Protocol and Sites. Services provided to the Protocol by third parties may be unavailable for any reason beyond the control of the platform. In any of the aforementioned circumstances, you acknowledge and agree that the platform is not responsible or liable for restrictions or limitations to your access to the platform.
(b) You are solely responsible for your use of the APP, Sites, and Services, including all of your management and actions taken with respect to your Digital Assets. We canโt control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets, trades, or other interactions that you may take to or from using the service or from a third party, and we are not responsible for ensuring that a person or entity whom with you transact completes the transaction or is authorized to do so. If you experience a problem with any transactions or interactions in Digital Assets or trades using the platform, then you bear the entire risk and liability.
(c) Your access to the APP, Sites, and Services may be disabled or modified, including restricted, if there is an event of breach of these Terms of Use. We will not be liable to you for any losses or damages you may suffer due to or in connection with the Site or the Services being inaccessible to you at any time or for any reason.
(d) The platform and Services may evolve, or be subject to new regulatory changes which may result in changes to, replacements, updates, or the discontinuation temporarily or permanently of the APP, its Sites, and Services at any time, in the sole discretion of the platform.
(e) We donโt act as an agent or advisor to you or any other users of the APP, Sites, and Services.
(f) The Protocol is a transparent application meaning you and other users maintain self-custody of your Digital Assets at all times, as such, you are solely responsible for your use of the APP, Sites, and Services, and to the fullest extent not prohibited by applicable laws, we donโt owe any fiduciary duties or liabilities to you or any other party, and to the extent that any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate any and all of those duties and liabilities as they may apply to the platform.
(g) To the extent provided by applicable laws, you are solely responsible for reporting and paying any taxes applicable to your platform use.
(h) As part of the Services provided under its service agreement with the platform, we may publish promotions and contests or other promotional activities for and on behalf of the platform (โMarketing and Promotionsโ). Separate terms and conditions and rules may govern marketing and Promotions. You are responsible for reading all the terms and conditions and rules to determine whether you are eligible to participate. Marketing and Promotions are optional and you should not enter if you do not agree with any of the relevant terms.
2.2.3. If you access or use any part of the APP, Sites, or Services, you expressly covenant and agree to the following: (a) You will only interact with the platform using legally obtained Digital Assets that belong to you. Any Digital Assets you use in connection with the platform are either owned by you or you are validly authorized to carry out actions using such Digital Assets.
(b) You will obey all applicable laws relevant to your use of the platform, and you will not use the APP, Sites, or Services if the applicable laws of your country, or any other applicable law, prohibit you from doing so.
(c) You will ensure that at all times, all information that you provide on the platform is current, complete, and accurate and that you maintain the security and confidentiality of your private keys and passwords.
2.3 Prohibited User Activity
You are prohibited from engaging in any of the categories of prohibited activities as follows:
(a) In violation of applicable laws including all anti-money laundering and anti-terrorist financing laws and sanction programs.
(b) Improper or abusive trading practices, including but not limited to i) any fraudulent act or scheme to defraud, trick or mislead; ii) any frontrunning practices in whatever form engaged; iii) fraudulent trading; iv) accommodation trading; v) false transactions; vi) pre-arranged transactions; vii) cornering and attempted cornering, of any asset contracts supported by the Protocol; viii) spoofing, manipulation, or knowingly making any bid trade or offer to make a market price that does not reflect the actual state of the market; ix) or entering orders to enter into transactions without a net change in either party's open positions, but a resulting profit to one party and a loss to the other party, commonly known as a โmoney passโ.
(c) Interference with, disruption of, inhibiting use of, negatively affecting the user experience of, interaction, and use of the platform. Do not engage in any activity that damages, disables, burdens, or impairs any platform function or service.
(d) Any circumvention of content filtering, security measures, or access controls employed by us, including through a VPN.
(e) Any bot/robot, spider, crawler, scraper, or other automated means or interface not provided by the platform to access or interact with the platform, that facilitates abusive activity including extracting data, introducing malware, virus, Trojan horse, worm, logic bomb, drop-dead service, backdoor, shutdown mechanism, or other harmful material into the APP, Site, or Services.
(f) Providing false, inaccurate, or misleading information whilst using the APP, Sites, or Services, or engaging in activity that operates to defraud us, other users of the platform, or any other person.
(g) Use the platform for any other criminal activity or any way, that is defamatory, obscene, pornographic, indecent, vulgar, harassing, stalking, hateful, threatening, offensive, discriminatory, fraudulent, deceptive, or otherwise objectionable.
(h) Use of the platform from a jurisdiction, including an IP in a jurisdiction, that is determined as prohibited under these Terms of Use.
3. Services
We provide a variety of financial services such as perpetual, spot, lend, earn, margin, etc.
3.1 Content of Services
3.1.1. You have the right to browse the real-time quotes and transaction information of digital asset products on this platform, to submit digital asset transaction instructions, and to complete the digital asset transaction through this platform.
3.1.2. You have the right to apply the functions provided by this platform.
3.1.3. You have the right to participate in the activities organized by this platform by the rules of activities posted on this platform.
3.1.4. Other services that this platform promises to offer to you.
3.2 Service Rules You undert"precedingke to comply with the following service rules of this Website:
3.2.1. You shall comply with applicable laws and regulations and properly use and keep your account in this platform and login password, password of your financial transactions, and the mobile phone number bound with your account that you provide upon registration of your account, as well as the security of the verification codes received via your mobile phone. You shall be solely responsible for any and all your operations using your account with this platform and login password, financial transaction password, verification codes sent to your mobile phone, and all consequences of such operations. When you find that your account with this platform, your login password, financial transaction password, or mobile phone verification codes is used by any unauthorized third party, or uncover any other problem relating to the security of your "ccount, you shall inform this platform in a prompt and effective manner, and request this platform to suspend the services to your account with this platform temporarily. This platform shall have the right to take action on your request within a reasonable time; nonetheless, this platform does not bear any liability for the consequences that have arisen before such action is taken, including but not limited to any loss you may sustain. You may not assign your account with this platform to any other person by way of donation, lending, leasing, transfer, or otherwise without the consent of this platform.
3.2.2. You agree to take responsibility for all activities (including but not limited to information disclosure, information release, online click-approving or submission of various agreements on rules, online renewal of agreements, or purchase service) using your account and password with this platform.
3.2.3. If any dispute arises between you and any other user regarding an online transaction, you may not resort toplatform's other than judicial or governmental means to request this platform to provide relevant information.
3.2.4. In connection with your use of the APP, Sites, and Services, except as subject to any applicable promotion, you must pay all the fees necessary to interact and complete transactions on the platform and the blockchain you utilize to interact with the platform.
3.2.5. The platform will attempt to provide accurate fee information, reflecting the best estimate of fees, which may vary from the actual fees paid to use the platform and Services, and any gas fees related to your blockchain transactions.
3.2.6. You shall abide by this Agreement and other terms of service and operating rules that this platform may release from time to time, and you have the right to terminate your use of the services provided by this platform at any time.
4. Proprietary Rights
4.1 You acknowledge that certain aspects of the platform or the Services may use, incorporate, or link to specific open-source components and that your use of the platform or Services is subject to, and you will comply with, any applicable open-source licenses that govern any such open-source components (collectively, the โOpen-Source Licensesโ). Without limiting the generality of the foregoing, you may not (a) resell, lease, lend, share, distribute, or otherwise permit any third party to use the Site or the Services; (b) use the platform or the Services for time-sharing or service bureau purposes; or (c) otherwise use the platform or the Services in a manner that violates the Open-Source Licenses.
account's4.2 Excluding third-party software that the platform or the Services incorporates, as between you and we own the platform and the Services, including all technology, content, and other materials used, displayed, or provided on the platform or in connection with the Services (including all intellectual property rights subsisting therein, whether or not subject to the Open-Source Licenses), and at this moment grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use those portions of the platform and the Services that are proprietary to the platform and not available under the Open-Source License.
4.3 Any of the platformโs product or service names, logos, and other marks used on or as a part of the Services, including the platform's name and logo, are trademarks owned by the platform or our licen"ors. You may not copy, imitate, or use them without the prior written consent of the platform or the applicable licensors, and these Terms do not grant you any rights in those trademarks. You may not remove, obscure, or alter any legal notices displayed in or along with the platform or the Services.
4.4 The Services are non-custodial. When you deposit Digital Assets into our platform, you always retain control over those Digital Assets. The private key associated with the Ethereum address from which you transfer Digital Assets or the private key associated with Your wallet is the only one that can control the Digital Assets you move into the Protocol-developed intelligent contracts.
5. LINKS
The Services or third parties may provide links to other World Wide Web or accessible sites, applications, or resources. You acknowledge and agree that the platform is not responsible for the availability of such external sites, applications, or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sitesplatform'sces. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or Services available on or through any such site or resource.
6. Risks
6.1 By utilizing the Services or interacting with the platform in any way, you understand and agree to the inherent risks associated with cryptographic systems and blockchain-based networks; Digital Assets, including the usage and intricacies of native Digital Assets, like ether (ETH); smart contract-based tokens, including fungible tokens and NFTs; and systems that interact with blockchain-based networks. The platform does not own or control any underlying software through which blockchain networks are formed. The software underlying blockchain networks, including the Ethereum blockchain, is open source, so anyone can use, copy, modify, and distribute it. By using the Services, you acknowledge and agree (a) that the platform is not responsible for the operation of the blockchain-based software and networks underlying the Services, (b) that there exists no guarantee of the functionality, security, or availability of that software and networks, and (c) that the underlying blockchain-based networks subject to sudden changes in operating rules, such as those commonly referred to as โforks,โ which may materially affect the Services. Blockchain networks use public and private key cryptography. You alone are responsible for securing your private key(s), We do not have access to your private key(s). If your account's private key(s) is leaked and the resulting assets cannot be retrieved, you will be responsible for the loss. If your private key(s) are lost, and you must use the guardian settings of Advanced Security Settings, you can restore the account.
6.2 The Services and your Digital Assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of the platform to continue to make available its proprietary software and could impede or limit your ability to access or use the Services.
6.3 You acknowledge and understand that cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to Digital Assets and Services, and could result in the theft or loss of your Digital Assets. To the extent possible, we intend to update Protocol-developed smart contracts related to the Services to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented by technological advancements. Still, that intention does not guarantee or otherwise ensure the full security of the Services.
6.4 You understand that the Ethereum blockchain remains under development, which creates technological and security risks when using the Services in addition to uncertainty relating to Digital Assets and transactions therein. You acknowledge that the cost of transacting on the Ethereum blockchain is variable and may increase at any time, causing an impact on any activities taking place on the Ethereum blockchain, which may result in price fluctuations or increased costs when using the Services.
6.5 You acknowledge that the Services are subject to flaws and that you are solely responsible for evaluating any code provided by the Services or platform. This and other warnings that the platform offers in these Terms are in no way evidence or represent an ongoing duty to alert you to the potential risks of utilizing the Services or accessing the forum.
6.6 Any use or interaction with the Services requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of Digital Asset on the platform or otherwise during the use of the Services does not indicate our approval or disapproval of the technology on which the Digital Asset relieschanceat this moment and should not be used as a substitute for your understanding of the risks specific" to each type of Digital Asset.
6.7 Use of the Services may carry financial risk, particularly for trading Digital Assets and entering into Perpetual Contracts. Digital Assets, especially in connection with Perpetual Contracts, are, by nature, highly experimental, risky, and volatile. Transactions entered into in connection with the Services are irreversible and final, with no refunds. You acknowledge and agree to access and use the platform and the Services at your own risk. The risk of loss in trading Digital Assets, especially entering into Perpetual Contracts, can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. By using the Services, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets, including Perpetual Contracts. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to evaluate the merits and risks of any transaction conducted with the Services or any Digital Asset. You accept all consequences of using the Services, including the chance that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Services for performing Digital Asset transactions, including entering into Perpetual Contracts.
6.8 We must comply with Applicable Law, which may require us to take specific actions or provide information upon request by government agencies, which may not be in our best interests.
6.9 You understand that the platform remains under development, which creates technological, trading, and other risks when using the Services. These risks include, among others, delays in trades, withdrawals, and deposits resulting from the servers of the platform or the operator of the platform being offline; an incorrect display of information on the platform in the case of server errors; or transactions using the Services being rolled back in the case of server errors. You acknowledge that these risks may have a material impact on your transactions using the Services, which may result in, among other things, failing to fulfill transactions at your desired price or at all.
6.10 You understand that you are responsible for all trades you place, including any erroneous orders that may be filled. We do not take any action to resolve false transactions that result from your errors.
6.11 You hereby assume and agree that we will not have responsibility or liability for the risks outlined in this Section.
6.12 You hereby irrevocably waive, release, and discharge all claims, whether known or unknown to you, against the platform, related shareholders, members, directors, officers, employees, agents, representatives, suppliers, and contractors related to any of the risks outlined in this Section 6.
7. Indemnification
You will defend, indemnify, and hold harmless the platform, any related stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, โIndemnified Partiesโ) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including reasonable attorneys' fees, arising out of or relating to (a) your use of, or conduct in connection with, the APP, the Site and the Services; (b) Digital Assets associated with your Ethereum address; (c) any feedback or user content you provide to the platform, if any, concerning the platform or the Services; (d) your violation of these Terms; or (e) your infringement or misappropriation of the rights of any other person or entity. Suppose you are obligated to indemnify any Indemnified Party. In that case, the platform will have the right, in our or its sole discretion, to control any action or proceeding and to determine whether the platform wishes to settle and, if so, on what terms and conditions you agree to cooperate with the platform in the defense.
8. Disclosures; Disclaimers
8.1 You are responsible for complying with all Applicable Laws that govern your Perpetual Contracts. As a result of restrictions under the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission (โCFTCโ), no U.S. persons may enter into Perpetual Contracts using the Services.
8.2 To the maximum extent permitted under Applicable Law, the platform and the Services (and any of their content or functionality) provided by or on behalf of us are provided on an โASISโ and โAS AVAILABLEโ basis, and we expressly disclaim. You at this moment waive any representations, conditions, or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the preceding, we do not represent or warrant that the platform or the Services (including any data relating to it) will be uninterrupted, available at any particular time, or error-free. Further, we do not warrant that errors in the platform or the Service are correctable or will be curable.
8.3 You acknowledge that your data on the platform may become irretrievably lost, corrupted, or temporarily unavailable due to a variety of causes and agree that, to the maximum extent permitted under Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), platform changes by third-party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside of our control.
8.4 The disclaimer of implied warranties contained herein may not apply if and to the extent such warranties cannot be excluded or limited under the Applicable Law of the jurisdiction in which you reside.
9. Exclusion of Consequential and Related Damages
In no event will platform, our suppliers and contractors, and our and our suppliersโ and contractorsโ respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, the โRiskโ Limited Partiesโ) be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including damages for loss of fiat, assets, data, information, revenue, opportunities, use, goodwill, profits or other business or financial benefit) arising out of or in connection with the platform and the Services (and any of their content and functionality), any execution or settlement of a transaction, any performance or non-performance of the Services, your Digital Assets, Perpetual Contracts or any other product, Service or other item provided by or on behalf of platform, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not we have been aNotice of, knew of or should have known of the possibility of such damages and, notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder, nors platform in any way responsible for the execution or settlement or transactions between users of platform.
10. Limitation of Liability
In no event will the platformโs aggregate liability (together with our stockholders, members, directors, managers, officers, employees, attorneys, agents, representatives, suppliers, or contractors) arising out of or in connection with the platform and the Services (and any of their content and functionality), any performance or nonperformance nonperformance of the Services, your Digital Assets, Perpetual Contracts or any other product, Service or other item provided by or on behalf of platform, whether under contract, tort (including negligence), civil liability statute, strict liability or other theory of liability exceed the number of fees paid by you to platform under these Terms, if any, in the two (2) month period immediately preceding the event giving rise to the claim for liability.
11. Dispute Resolution and Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Tsp.exchange and limits how to seek relief from Tsp.exchange. Also, arbitration precludes you from suing in court or having a jury trial.
You and Tsp.exchange agree that any dispute arising out of or related to these Terms or the Services is personal to you and Tsp.exchange and that any dispute will be resolved solely through individual action and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
Except for minor claims disputes in which you or Tsp.exchange seeks to bring an individual action in small claims court located in the county of your billing address or conflicts in which you or Tsp. The deal seeks injunctive or other equitable relief for the alleged unlawful use of the intellectual property. You and Tsp.exchange waive your rights to a jury trial and to have any dispute arising from or related to these Terms or the Services resolved in court. Instead, you agree first to contact Tsp for any dispute or claim curable you have against Tsp.exchange or relating to the Services. Trade. In that case, attempt to resolve the claim informally by sending a written notice of your claim (โNoticeโ) to Tsp.exchange by email at support@tsp.exchange. The Notice must (a) include your name, residence address, email address, and telephone service) describe the nature and basis of the claim, and (c) set forth the specific relief sought. Our Notice to you will be similar in form to that described above. Suppose you and Tsp.exchange cannot agree to resolve the claim within thirty (30) days after such Notice is received. In that case, either party may submit the dispute to binding arbitration administered by an arbitrator appointed by the Tsp.exchange.
You and Tsp.exchange agree that these Terms affect interstate commerce and that the enforceability of this Section 10 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C.ยง1, et seq. (the โFAAโ), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the appointed arbitratorยดs rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and grant any remedy that would otherwise be available in court, including the power to determine the arbitrability. The arbitrator may conduct an individual arbitration and not consolidate more than one individualโs claims, preside over any class or representative proceeding, or preside over any proceeding involving more than one individual.
The arbitrator, Tsp.exchange , and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator can make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Tsp.exchange agree that for any arbitration you initiate, you will pay the filing fee and all other fees and costs. We will pay all arbitration fees and expenses for any arbitration commenced by Tsp. exchange. You and Tsp. Deal lawsuit agrees that the jurisdiction and governing Law of the appointed arbitrator have exclusive jurisdiction over the enforcement of an arbitration award.
Any claim arising from or related to these Terms or the Services must be filed within one (1) year after such claim arose; otherwise, the lawsuit is permanently barred, which means that you and Tsp.exchange will not have the right to assert the claim.
If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 13 or the partiesโ ability to compel arbitration of any remaining claims on an individual basis under this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, oLawepresentative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will stay pending the outcome of any individual claims in arbitration.
Further, suppose any part of this Section 13 is found to prohibit an individual claim from seeking public injunctive relief. In that case, that provision will have no effect to the extent such relief can be sought out of arbitration, and the remainder of this Section 13 will be enforceable.
12. Governing Law
The interpretation and enforcement of these Terms and any dispute related to these Terms, the platform, or the Services will be governed by, construed, and enforced under the applicable laws relating to the forum. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any law having jurisdiction. For any other proceeding not subject to arbitration under these Terms, the courts of the jurisdiction applicable to the platform shall have exclusive jurisdiction.
13. Restricted Countries & Territories
Tsp.exchange is unavailable for customers in the following countries & territories: United States, Puerto Rico, Syria, North Korea, Iran, and Russia. Citizens of these jurisdictions are strictly prohibited from using Tsp.exchange.
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