1. GRANT OF LICENSE
1.1. Subject to the terms and conditions contained within this end user agreement (the “Agreement“), aspirewallet.com grants the “User” (or “you”) a non-exclusive, personal, non-transferable right to use the Services on your personal computer or other device that accesses the Internet, namely aspirewallet.com and/or Aspirewallet federated nodes (together, the “Services“). By clicking the “I Agree“ button if and where provided and/or using the Service, you consent to the terms and conditions set forth in this Agreement.
1.2. The Services are not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals accessing the Services from jurisdictions from which it is illegal to do so. Aspirewallet.com and Aspirewallet federated nodes are unable to verify the legality of the Services in each jurisdiction and it is the User’s responsibility to ensure that their use of the Services is lawful. Aspirewallet.com and Aspirewallet federated nodes are neither banks nor regulated financial services. Operators do not have access to the gAsp stored on the platform, instead Aspirewallet.com and Aspirewallet federated nodes simply provide a means to access gAsp (GASP), Aspire (ASP), and other digital assets recorded on the gAsp blockchain. gAsp private keys are encrypted using the BIP32 Hierarchical Deterministic Wallet algorithm such that Aspirewallet.com and Aspirewallet federated nodes cannot access or recover gAsp (GASP), Aspire (ASP), or any other digital assets or tokens in the event of lost or stolen password.
2. NO WARRANTIES.
2.1. ASPIRE, ASPIREWALLET.COM, AND ASPIREWALLET FEDERATED NODES DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICES WHICH ARE PROVIDED TO THE USER “AS IS“ AND NO WARRANTY OR REPRESENTATION IS PROVIDED WHATSOEVER REGARDING ITS QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY.
2.2. REGARDLESS OF BEST EFFORTS, WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
3. YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:
3.1. your use of the Services is at your sole option, discretion and risk, as neither AspireWallet.com, AspireWallet federated nodes, nor any individuals affiliated with Aspire can be held responsible for lost or stolen assets;
3.2. you are solely responsible for satisfying any and all applicable legal rules and/or obligations, to include the requirements of your local tax authorities, arising from your use of the Services in a given jurisdiction;
3.3. the telecommunications networks and Internet access services required for you to access and use the Services are entirely beyond the control of the Services and neither Aspire nor the Services shall bear any liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and
3.4. you are at least 18 years of age.
4. PROHIBITED USES
4.1 A user must not use the Services in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
5.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Aspire and/or the Services reserve the right to take such action as they deem fit, including terminating this Agreement or any other agreement in place with the User and/or taking legal action against such User.
5.2. You agree to fully indemnify, defend and hold harmless the Services and their operators and agents from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, irrespective of cause, that may arise as a result of: (i) your breach of this Agreement, in whole or in part; (ii) violation by you of any law or any third party rights; and (iii) use by you of the Services.
6. LIMITATION OF LIABILITY
6.1. Under no circumstances, including negligence, shall Aspire nor the Services be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Services even if Aspire and/or the Services had prior knowledge of the possibility of such damages.
Aspire and the Services reserve the right to update or modify this Agreement or any part thereof at any time or otherwise change the Services without notice and you will be bound by such amended Agreement upon publication. Therefore, we encourage you check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Service shall be deemed to attest to your agreement to any amendments to the Agreement.
9. GOVERNING LAW
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the state of Nevada and the United States. You irrevocably agree that, subject as provided below, the courts of Nevada shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of the Services to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
Aspire and the Services reserve the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
12.1. No waiver by Aspire nor by the Services of any breach of any provision of this Agreement (including the failure of Aspire and/or the Services to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
12.2. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you the User and Aspire, nor between you the User and the Services, to any extent.
12.3. This Agreement constitutes the entire understanding and agreement between you the User and Aspire and the Services regarding the Services and supersedes any prior agreement, understanding, or arrangement between the same.