versatus-sunversatus-stars-leftversatus-stars-left-bigversatus-stars-rightversatus-stars-right-bigversatus-cityversatus-buildingsversatus-mtnsversatus-atmosphereversatus-street-lights-back
versatus-ferrariversatus-street-lights-frontversatus-plantsversatus-vines
versatus logo

Terms of Service

Last Revised: September 6, 2023

Welcome to Versatus.io. These Terms of Services are between you and Versatus Labs Inc. (“Versatus”, “we”, “us” or “our”) concerning your use of Versatus’ site, including any content, functionality and services offered on or through the website currently located at https://versatus.io (the “Site”) which acts as a front-end to the Versatus protocol available on one or more blockchains. Your use of our Site is governed by these Terms of Service and our privacy policy (available at https://versatus.io, which may be amended from time to time and effective upon posting, and which is incorporated by reference herein (“Privacy Policy”) (collectively, these “Terms”). The Terms apply to you (“Users”, “you” or “your” as applicable to the type of user you are of the Site and govern your access to and use of the Site. References to “Users”, “you” or “your” mean you as a casual visitor of the Site.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SITE.

By using the Site, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, you must not access or use the Site.

This Site is intended for access and use by individuals who are at least 18 years of age, and by agreement to the Terms and using this Site, you represent and warrant as a User (i) that you have the legal authority to bind the company or other legal entity on which behalf you are acting to these Terms, (ii) you are at least 18 years old or the age of majority where you reside, whichever is older, (iii) you can form a legally binding contract online, and (iv) you have the full, right, power and authority to enter into and to comply with the obligations under these Terms on your own behalf, or on behalf of the company or other legal entity on which behalf you are acting.

If you do not meet all of these requirements, you must not access or use the Site.

You are advised to revisit these Terms periodically to familiarize yourself with any changes to the Terms. Versatus reserves the right to make changes to, revise and update these Terms from time to time in our sole and absolute discretion. Any such changes are binding on Users of the Site and will take effect immediately upon posting to the Site. As a User, you agree to be bound by any changes, variations, or modifications to our Terms and your continued use of the Site shall constitute acceptance of any such changes, variations, or modifications.

Access to the Site

You understand that access to the Site is provided “AS IS” and “as available” basis only. We shall use commercially reasonable efforts to provide continuous access to the Site. We cannot and do not guarantee or warrant that the Site, or any content on it, will always be available or uninterrupted. From time to time, access may be interrupted, suspended or restricted, including because of an emergency, fault, error or unforeseen circumstances or because we are carrying out planned maintenance. We can subcontract certain services, such as, but not limited to, data hosting and storage, payment processing, etc., to third parties, which may be inside or outside the United States.

We reserve the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desire and/or to terminate your access to and use of the site, at any time and in our sole and absolute discretion.

We reserve the right to withdraw, remove or amend the content of the Site at any time, in our sole discretion and without notice. However, some of the content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.

We will not be liable to you for any loss or damage you may suffer as a result of the Site being unavailable at any time for any reason. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

By using the Site, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the Site.

As a condition to accessing or using the Site, you:

  • will only use the Site in accordance with these Terms;
  • may link to our homepage, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
  • will ensure that all information that you provide on the Site is current, complete, and accurate; and
  • will ensure compliance with all U.S. securities laws.

As a condition to accessing or using the Site, you will not:

  • Violate any applicable law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and any relevant and applicable privacy and data collection laws, in each case as may be amended;
  • Export, reexport, or transfer, directly or indirectly, any Versatus technology in violation of applicable export laws or regulations;
  • Infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site;
  • Make commercial use of the Site or any of its content without our express written permission;
  • Misrepresent the truthfulness, sourcing or reliability of any content on the Site;
  • Use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (known as ‘phishing’);
  • Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site in any manner;
  • Attempt to circumvent any content filtering techniques or security measures that Versatus employs on the Site, or attempt to access any service or area of the Site that you are not authorized to access;
  • Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Site to extract or copy data;
  • Use the Site in any way that exploits, harms or attempts to exploit or harm minors in any way;
  • Use a manual process to monitor or copy any of the material on the Site for any other unauthorized purpose without prior written consent;
  • To impersonate or attempt to impersonate Versatus, a Versatus employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
  • Introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site;
  • Post content or communications on the Site that are, in our sole and absolute discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
  • Post content on the Site containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the user of the Site;
  • Establish a link in such a way as to suggest any form of association, approval or endorsement on our part;
  • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • Link to any part of the Site other than the homepage;
  • Encourage or induce any third party to engage in any of the activities prohibited under these Terms; or
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any links at any time without notice in our sole discretion.

You acknowledge that the Site and your use of the Site contain certain risks, including without limitation the following risks:

  • At any time, your access to the Site may be suspended or terminated or there may be a delay in your access or use of the Site; and
  • The Site may be suspended or terminated for any or no reason, which may limit your access to the Site or its content.

Accordingly, you expressly agree that:

  • You assume all risks in connection with your access and use of the Site;
  • You expressly release Versatus, our directors, officers, employees, and agents from, and hold them harmless from and against, any and all liability, claims, causes of action, losses, expenses, or damages (whether arising in law or equity, including but not limited to special, consequential, indirect, punitive and exemplary damages, and including but not limited to economic loss, business disruption, and/or attorney’s fees) arising from or in any way related to the Site. You expressly waive all such claims against such released parties

Reliance on Information Posted

The information, content and materials presented on or through the Site are made available solely for general informational purposes only and are not intended to address your particular requirements. We do not warrant the accuracy, completeness or usefulness of this information. In particular, the information, content and materials presented on or through the Site do not constitute any form of advice or recommendation by us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell investments, securities or any other financial services and are not intended to be relied upon by you in making any specific investment or other decisions. We recommend that you seek independent advice from your own financial advisors and legal counsel before making any such decision.

Nothing included in the Site constitutes an offer or solicitation to sell, or distribution of, investments and related services by Versatus to anyone in any jurisdiction.

Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Versatus, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Versatus. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Termination of Use

You agree that we may, at our sole and absolute discretion, suspend, disable or terminate your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to all or part of the Site and relationship with us, and may be referred to appropriate law enforcement authorities. Upon suspension, disabling or termination, your right to use the Site will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Third Party Links

The Site may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

Privacy Policy

Certain areas of the Site may record and collect information about you. You can find more information about how we will process your personal information in our Privacy Policy.

We do not knowingly collect or solicit personal information from children under 18. If you are under 18, please do not attempt to access the Site or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided personal information, please contact us.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Versatus, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and all such rights are reserved. https://versatus.io is the uniform resource locator (“URL”) of Versatus. You will not make use of this URL on any other website or digital platform without our prior written consent. You agree not to monitor, use or copy our web pages without our prior consent. Any unauthorized use or reproduction may be prosecuted.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site without our prior consent. Further, you must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Versatus. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

You will retain ownership of all copyright in data you upload or submit to the Site. You grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute or publish and send this data in any manner.

Trademarks

Unless otherwise noted, the Versatus name, the names Versatus.io, and the Versatus logo and all other trademarks, service marks, trade names or other related names, logos, product and service names, designs and slogans are trademarks of Versatus or its affiliates or licensors. You must not use such marks without the prior written permission of Versatus. All other names, trademarks, service marks, trade names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.  Nothing on the Site shall be construed as granting any license or right not expressly set forth herein.

Location of Operation

Our Site is operated in the United States of America, and we make no representation that content provided is applicable or appropriate for use in other locations. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Your use of the Site does not subject us to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.

Communications/Notice

By giving us any contact or other information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS, and by telephone) from us and/or by posting the communications on the Site concerning information (collectively, “Communications”). The Communications may also be those that we send to you for other reasons. You may change the email or mobile phone number on file by contacting us. You may opt out of receiving all Communications, other than communications that we are required to send to you by law (e.g., data security incident notifications) concerning us, your information or the Site (“Required Communications”), via email by sending a notice to us that identifies your full name and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.

Disclaimers; Limitations of Liability

YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS THAT MAY BE OBTAINED DIRECTLY OR INDIRECTLY THROUGH THE SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF SERVICE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY (30) DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

VERSATUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER VERSATUS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, THIRD-PARTY PROVIDERS, DISTRIBUTORS, LICENSEES, LICENSORS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”) WARRANT THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED DIRECTLY OR INDIRECTLY THROUGH THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, SECURE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUGS OR ERRORS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED DIRECTLY OR INDIRECTLY THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES, LOSSES AND/OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY LEGAL THEORY, CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT AND/OR TORT (INCLUDING NEGLIGENCE). THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITE AND OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF THE SITE AND EXTERNAL WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN THE EVENT THAT A COURT AND/OR ARBITRATOR(S) OF COMPETENT JURISDICTION HOLDS THAT ANY COMPANY PARTY IS LIABLE TO YOU (FOR EXAMPLE AND WITHOUT LIMITATION, BECAUSE ANY RELEASE OR WAIVER HEREUNDER IS FOUND TO BE VOID OR OTHERWISE UNENFORCEABLE, OR BECAUSE ANY CLAIMS ARE FOUND TO BE OUTSIDE THE SCOPE OF ANY SUCH RELEASE OR WAIVER), UNDER NO CIRCUMSTANCES WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU IN THE AGGREGATE FOR MORE THAN THE AMOUNT YOU HAVE PAID VERSATUS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, WHETHER SUCH LIABILITY IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You are responsible for (i) implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, (ii) for maintaining a means external to our Site for any reconstruction of any lost data, and (iii) configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software.

We cannot promise that the use of the Site, or any content taken from the Site, will not infringe the rights of any third party.

Indemnification

You agree to defend, indemnify and hold harmless Versatus, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or the failure to fulfill any obligations relating to the use of the Site incurred by you or any other person or entity using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us, including, without limitation, disclosure of documents and providing testimony.

Arbitration

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim arising under or related to the Site, these Terms, or any other transaction involving you and Versatus, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you and Versatus agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. You should send your notice to info@versatus.io. Versatus will send its notice to you by email to the email address provided by you in connection with your use of the Site.

Binding Arbitration. If you and Versatus are unable to resolve a Dispute through informal negotiations, either you or Versatus may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by confidential binding arbitration, and not in a class, representative or consolidated action or proceeding. In such event, these Terms memorialize a transaction in interstate commerce; (i) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section; and (ii) this Section shall survive termination of these Terms.

Any election to arbitrate by one party shall be final and binding on the other, and your grounds for appeal are limited. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator may award you the same damages and relief as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”), both of which are available at the AAA website. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. The arbitration may be conducted, at the option of the claimant, either in person or by video conference. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged within a reasonable period of time (not to exceed thirty (30) days) if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Versatus may litigate in court to compel arbitration, stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Judgment upon any award rendered by the arbitrator(s) may be entered and enforcement obtained thereon in any court having jurisdiction. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. Each party shall have the right to participate by video conference in order to minimize travel and expense burdens. Subject to the terms and conditions of these Terms, the arbitrator shall have authority to grant any form of appropriate relief, whether legal or equitable in nature, including specific performance.

Restrictions/No Class Actions. You and Versatus agree that any claim brought in connection with a Dispute, whether resolved through arbitration or not, will be brought between Versatus and you individually, and that you may not assert any such claim against Versatus as plaintiff or class member in any purported class or representative proceeding. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) no Dispute between you and Versatus is to be arbitrated on a class-action basis or will utilize class action procedures; and (3) you may not bring any Dispute in a purported representative capacity on behalf of the general public, other Users of the Site or any other persons. If this specific provision is determined to be unenforceable, then the entirety of this Arbitration section will be null and void.

Exceptions to Informal Negotiations and Arbitration. You and Versatus agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Versatus’ intellectual property rights; and (2) any claim for injunctive relief.

Effect of Changes on Arbitration. Notwithstanding the provisions of these Terms, if Versatus changes any of the terms of this Arbitration section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by electronic mail to info@versatus.io) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Versatus’ email to you notifying you of such change (whichever is earlier). By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Versatus in accordance with the terms of this Arbitration section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms.

Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.

Governing Law

All aspects of your use of the Site and all matters relating to these Terms and any dispute or claim arising therefrom or related to (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the United States and the State of Delaware governing contracts entered into and to be fully performed in Delaware (i.e., without regard to conflict of law’s provisions) regardless of your location except that the Arbitration section above shall be governed by the Federal Arbitration Act. For the purpose of any judicial proceeding to enforce an arbitration award or incidental to such arbitration or to compel arbitration, or if for any reason a claim proceeds in court rather than in arbitration, you hereby submit to the non-exclusive jurisdiction of the state and Federal courts sitting in San Francisco, California, and agree that service of process in such arbitration or court proceedings shall be satisfactorily made upon a party if sent by certified, express or registered mail addressed to it at the address set forth in the books and records of Versatus, or if no such address has been provided, by email to the email address provided by the relevant party to Versatus in connection with its use of the Site. With respect to any Disputes not subject to informal dispute resolution or arbitration (as set forth above), you agree not to commence or prosecute any action in connection therewith other than in the state and Federal courts located in San Francisco, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and Federal courts located in San Francisco, California. To the extent non-U.S. laws mandate a different approach with respect to governing law, venue, statute of limitation, and dispute resolution method with respect to certain non-U.S. persons, each such required standard shall be applied, but all other provisions under this section shall remain in full force.

General

No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.

If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms shall continue in full force and effect.

Versatus shall not be liable for any unforeseeable event beyond its reasonable control not caused by its fault or negligence (each, a “force majeure event”), which causes Versatus to be unable to perform its obligations under these Terms, and which it has been unable to overcome by the exercise of its due diligence, provided that Versatus shall use reasonable efforts to avoid or remove such causes of nonperformance, shall suspend performance only for such period of time as is necessary as a result of such force majeure event and shall resume performance as quickly as reasonably possible.

All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Site is not available for you to use for any reason whatsoever.

These Terms of Services and our Privacy Policy constitute the sole and entire agreement between you and us with respect to your use of the Site, Versatus and the services provided via the Site and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.

Contacting Us

Should you have any question about these Terms, or wish to contact us for any reason whatsoever, please do so by contacting us using the contact information below.

Email: info@versatus.io