ACCEPTANCE OF TERMS
The services that Urkel provides to You through its website pool.urkel.com (the “Urkel Pool Website”) and related services (collectively, the “Urkel Pool Service”) are subject to the following Terms of Service (“ToS”). Urkel reserves the right to update these ToS at any time without notice to You. The most current version of these Terms of Service can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of our website located at pool.urkel.com/policies/terms_of_service.
Urkel shall have the right at any time to change or discontinue any aspect or feature of the Urkel Pool Service, including, but not limited to, content, access, or use.
You represent and warrant that You are at least 18 years of age or the age of majority in Your state of residence, whichever is greater, that You are capable of entering into a legally binding agreement and that You reside in a jurisdiction where Your use of the Urkel Pool Service is lawful. Your right to use the Urkel Pool Services is conditioned upon Your acceptance and compliance with this Agreement. If You do not agree to be bound by the terms and conditions set forth in these Terms of Service, You are not authorized to use the Urkel Pool Service and You agree to immediately discontinue any access to or use of the Urkel Pool Service.
Urkel does not represent that the Urkel Pool Website, Account, or Urkel Pool Services will be available without interruption.
SCOPE OF USE
These Terms of Service cover all use of the Urkel Pool Service, regardless of how the Urkel Pool Service is accessed, and regardless of which device is used for access.
ELECTRONIC INFORMED CONSENT
Urkel may, from time to time, ask You to accept this agreement, along with other online agreements and disclosures. By providing Your acceptance, You will be providing Your electronic informed consent that will affirm:
You understand and intend that these Terms of Service comprise a legally binding agreement and are equivalent to a signed, written contract; and You will use the Urkel Pool Service in a manner consistent with applicable laws and regulations, and in accordance with the terms and conditions of these Terms of Service and any other applicable rules, guidelines or other conditions that govern the use of a particular service or site.
NOTICES, COMMUNICATIONS, AND WAIVER OF CLAIMS IF NOT PROVIDING EMAIL ADDRESS
Providing Your email address when You create an account with the Urkel Pool Service is optional. You may create a username or alias instead of providing an email address. As a result, in the event you do not provide an email address, you waive all claims resulting from failure to receive communications, documents, notifications, and the like.
If You provide an email address when You create an account, we may need to contact You from time to time to provide documents, notifications, and the like. You agree to keep Your contact information up to date, and that You consent to receive all communications from us using such contact information. Your contact information can be updated by logging into Your account. You agree to waive all claims resulting from failure to receive communications because of changes in Your contact information.
You hereby consent to receive communication from Urkel by email. You can opt out of such communications by sending us an email at the link below, or by following the instructions in any email we send You.
LICENSE GRANT FROM URKEL
Urkel hereby grants You a single, revocable, non-exclusive, non-transferable, and limited license, personal to You, to access and use the Urkel Pool Service. This license grant is conditioned on Your acceptance and adherence to these Terms of Service.
LICENSE GRANT TO URKEL
Unless otherwise agreed upon by You and Urkel, any communications or material of any kind that You e-mail, post, or otherwise transmit through the Urkel Pool Service, including data, questions, comments, or suggestions (Your “Communications”) will be treated as non-confidential and non-proprietary. You hereby grant to Urkel a license to reproduce, disclose, transmit, publish, broadcast, or post Your Communications either on the Urkel website or elsewhere with no liability or obligation to You. Urkel is free to use any ideas, concepts, know-how, or techniques contained in Your Communications for any purpose including, but not limited to, developing and marketing products using such information.
USE OF THE URKEL POOL SERVICE
You agree to use the Urkel Pool Service for lawful purposes only, and solely in a manner consistent with the intent of Urkel as described in these Terms of Service.
You agree that You will not:
use the Urkel Pool service for any unlawful or improper purpose; use or attempt to use any account that is not Your own, or create a false identity on the Urkel Pool Website; use any electronic communication feature, including third-party platforms such as Telegram and Discord Channels managed by Urkel, of the Urkel Pool Service for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; use the Urkel Pool Service for any commercial purpose not expressly approved by Urkel in writing; use the Urkel Pool Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
You agree You will not upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same, use any material or information, including images or photographs, which are made available through the Urkel Pool Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or damage the property of another, advertise or offer to sell or buy any goods or services for any business purpose, falsify or delete any copyright management information such as author attributions, watermarks, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, violate any code of conduct or other guidelines that may be applicable, harvest or otherwise collect information about others, including email addresses, violate any applicable laws or regulations, create a false identity for the purpose of misleading others. You understand that any violation of these Terms of Service, including providing false or misleading information, can lead to Your removal from access and use of the Urkel Pool Service, and Urkel maintains sole discretion over whether to remove You for such violation.
You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. The foregoing provisions of this section are for the benefit of Urkel, its subsidiaries, affiliates, and agents (which term includes but is not limited to Urkel’s third-party service and content providers) and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Urkel reserves the right to terminate Your access to the Urkel Pool Service at any time, without notice, for any reason whatsoever, and You agree that Urkel will not be liable to Your or to any third party for any termination, suspension, or modification to Your account.
Urkel reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to the Urkel Pool Service may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if You download the materials. Always use caution when giving out any personally identifiable information in any service. Urkel does not control or endorse the third-party content, messages, or information found in the Urkel Pool Service. Urkel disclaims any liability with regard to the Urkel Pool Service, and any actions resulting from Your participation in the Urkel Pool Service.
We reserve the right to not accept computing powered offered by You or other users with or without cause. This paragraph is applicable to all users, from time to time due to platform maintenance or other technical issues, or to certain users, such as users who violate these Terms of Service.
We reserve the right to suspend access to Your account as a result of a breach of these Terms of Service. If Your activity is under investigation and You are found to have breached these Terms of Service, You may lose the right to claim any remaining balance or mining rewards.
Urkel reserves the right to charge a fee in connection with Your use of the Urkel Pool Service. In the event Urkel chooses to charge a fee, it will be published in advance on the Urkel Pool Website, and You authorize Urkel to deduct any such fee from your mining rewards prior to its distribution to Your wallet address. You may be subject to a separate developer fee imposed by the creators of your mining client.
All mining rewards will be distributed in the protocol mined unless stated otherwise provided.
In the event the protocol is forked, the remaining balance held in the pool does not entitle You to receive any forked cryptocurrencies derived from such fork.
Any distribution made to You is considered complete at the moment it is sent to the wallet address listed in Your account. In the event You provided a wrong wallet address and we issued one or more distributions to that wallet address, You acknowledge that blockchain transactions are irreversible and therefore Urkel shall not be liable for any mining rewards lost.
You acknowledge that Urkel is constantly improving its security measures against security breaches that might result in the loss of cryptocurrencies. In such a case, Urkel or its third-party partners responsible for the operation of the Urkel Pool Service, products or software shall not be liable to users for any damaged caused.
You acknowledge that mining rewards are depending on a multiplicity of factors including but not limited to luck, network difficulty, latency, reject rate, etc. Therefore, the reward outcome cannot be predicted and users shall not demand payouts of mining rewards based on speculative estimates.
In the event the Urkel Pool Service is permanently or temporarily terminated, the remaining balance of mining rewards in users accounts shall be sent to the wallet addresses provided by such users.
Your participation in the Urkel Pool Service involves the use of sophisticated hardware. Urkel will not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance under these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control and/or from the hardware used in the Urkel Pool Service, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
In the process of creating and validating Your account, You will provide a valid mainnet protocol wallet address and You represent to Urkel that You have full and clear control of such wallet. The wallet will allow You to hold, store, transfer, receive and manage the cryptocurrencies.
You acknowledge that the Urkel Pool Service is not an electronic wallet intended to store Your cryptocurrencies. We set low thresholds so that the pool is constantly flushing any remaining balance to the wallet address You have provided. You also acknowledge that opting for a higher threshold increases the risk of loss of cryptocurrency mining rewards. Urkel is not responsible in the event of a breach, hack, or otherwise unauthorized use of Your wallet address, and we strongly recommend setting Your wallet address that receives the cryptocurrency mining rewards to a wallet that You control the private key.
You acknowledge that using the Urkel Pool Service involves risks. You bear all risk of loss of Your cryptocurrency mining rewards. Urkel shall have no liability for fluctuations in the value of Your cryptocurrencies.
Your mining rewards do not deduct any taxes, levies, duties, or similar governmental assessments of any nature, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for determining whether any Taxes may apply to the mining rewards You receive using the Urkel Pool Service and it is Your responsibility to report and remit the relevant Taxes to the appropriate taxing authorities. You agree that Urkel is not responsible for determining whether any Taxes apply, or the amount of any Taxes that may apply, to the mining rewards You receive using the Urkel Pool Service.
USER ACCOUNT, PASSWORD, AND SECURITY
You understand and acknowledge the risk that data, including e-mail, and other communications, along with personal data, may be accessed by unauthorized third parties when communicated in this way.
If You choose to create a user account, You agree to complete the registration process by providing Urkel with current, complete and accurate information as prompted by the applicable registration form. You will also choose a password and a username. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify Urkel immediately of any unauthorized use of Your account or any other breach of security. YOU WILL NOT HOLD URKEL LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY MISUSE OF YOUR LOGIN INFORMATION, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE. You acknowledge that You may be held liable for losses incurred by Urkel or another party due to someone else using Your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
NO INVESTMENT ADVICE OR RECOMMENDATIONS
Nothing contained in the Urkel Pool Service or any other content on the Urkel website constitutes a solicitation, recommendation, endorsement, or offer by Urkel to buy or sell any securities or other financial instruments. You understand that Urkel is not the source of the market information that may be available on the Urkel Pool platform and does not warrant its accuracy.
You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the Urkel Pool Service, the Urkel Pool Website, or any related service before making any decisions based on market information or content, such as hashrate. In exchange for using the Urkel Pool Service, You agree not to hold Urkel, its employees or agents liable for any possible claim for damages arising from any decision You make based on information made available to You through the Urkel Pool Service, the Urkel Pool Website, or any related service.
We may make available to You certain financial information, including information that we obtain from our agents, such as the value in USD of cryptocurrencies or hashrates. Urkel makes this information available to You as a service for Your convenience; Urkel neither endorses nor approves such market information. Urkel neither (1) guarantees the accuracy, timeliness, or completeness of market information, nor (2) warrants any results from Your use or reliance on the market information. You agree that You use market information at Your own risk.
You agree that neither Urkel nor its agents will be liable to You in any way for the termination, interruption, delay, or inaccuracy of any market information. You agree that You will neither redistribute nor facilitate the redistribution of market information, nor will You provide access to market information to anyone who is not authorized by Urkel to receive market information.
YOU EXPRESSLY AGREE THAT USE OF THE URKEL POOL SERVICE IS AT YOUR SOLE RISK. NEITHER URKEL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, MEMBERS, OWNERS, EMPLOYEES, OR LICENSORS, WILL BE LIABLE FOR ANY USE OR MISUSE OF THE URKEL POOL SERVICE, WHETHER THAT USE IS BY URKEL, YOU, OR A THIRD PARTY. NEITHER URKEL, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS, WARRANT THAT THE URKEL POOL SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE URKEL POOL SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, MATERIALS, OR MERCHANDISE PROVIDED THROUGH THE URKEL POOL SERVICE. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE BOTH (I) IMPLIED BY LAW AND (II) INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, UNDER LAWS APPLICABLE TO THESE TERMS OF SERVICE.
WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, THE URKEL POOL SERVICE AND ANY MATERIALS OR CONTENT FOUND THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT URKEL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS, AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT OF THE LAW. IN NO EVENT WILL URKEL, ITS AFFILIATES, ANY OF THEIR RESPECTIVE OFFICERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, LICENSORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR PROVIDING THE URKEL POOL SERVICE OR THE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE URKEL POOL SERVICE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER URKEL NOR ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE URKEL POOL SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. URKEL SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
URKEL RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS TO THE URKEL POOL SERVICE AND THESE TERMS OF SERVICEAT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE URKEL POOL SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” URKEL DOES NOT WARRANT, AND AFFIRMATIVELY DISCLAIMS, ANY AND ALL WARRANTIES REGARDING, THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE URKEL POOL SERVICE OR ON THE URKEL WEBSITE. URKEL PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. URKEL EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE BLOCKFOLOI EXCHANGE. URKEL MAY CHANGE INFORMATION CONTAINED IN THE URKEL POOL SERVICE AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED THEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE URKEL POOL SERVICE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE URKEL POOL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE URKEL POOL SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL URKEL BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOU OR THE RELEVANT PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM LOSS FROM YOUR: (I) INABILITY TO USE, (II) USE, AND/OR (III) MISUSE OF, DATA; NOR SHALL URKEL BE LIABLE FOR ANY LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE URKEL POOL SERVICE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE RELATED TO THE URKEL POOL SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL URKEL OR ITS AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE URKEL POOL SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY URKEL. URKEL AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF URKEL AND/OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE URKEL POOL SERVICE; (II) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE URKEL POOL SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE URKEL POOL SERVICE; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE URKEL POOL SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD URKEL RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE URKEL POOL SERVICE.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to You, and the respective liability of Urkel and its agents, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Your remedies under these Terms of Service fail, then You expressly agree that under no circumstances will the total, aggregate liability of Urkel and its agents, employees, distributors, agents or affiliates, to You or any party claiming by or through You for any cause whatsoever, exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
LINKS TO THIRD-PARTY SITES
You agree to defend, indemnify and hold harmless Urkel, its affiliates and their respective owners, members, directors, officers, employees and agents from and against all Federal, State, and International, claims, demands, losses, costs, and/or expenses, including attorneys’ fees, arising out of the use of the Urkel Pool Service by You or by Your account on the Urkel Pool Website. In particular,
Urkel shall have the right to immediately terminate Your Account in the event of any conduct by You that Urkel, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of these Terms of Service.
The term Urkel and Urkel Pool, along with any associated logos, are trademarks of Urkel Labs, LLC, all rights reserved. All other trademarks appearing on the Urkel Pool Website or within the Urkel Pool Service are the property of their respective owners.
CHOICE OF LAW
These Terms of Service are governed by and construed in accordance with the laws of the State of Delaware, excluding that body of laws pertaining to conflict of laws. If any provision of these Terms is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable.
Except to the extent applicable law provides otherwise, these Terms of Service and any access to or use of the Urkel Pool Service will be governed by the laws of the State of Delaware, without regard to the conflict of laws rules thereof. All disputes of any nature related to these Terms of Service shall be determined by final and binding arbitration in the State of Minnesota before a single arbitrator. The parties shall agree on the rules and procedures to be followed in the arbitration. If the parties are unable to agree on the rules and procedures to be followed within 15 days, the arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of Delaware (without regard to the conflict of laws rules thereof). Judgment on the arbitral award may be entered in any court having jurisdiction thereof. The foregoing arbitration provisions shall not preclude either party from seeking an injunction or other provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and reasonable attorneys’ fees of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose. The parties further agree that (i) any claims brought by either party must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and (ii) the arbitrator may not (x) consolidate more than one person’s claims, (y) otherwise preside over any form of a representative or class proceeding or (z) award class-wide relief. BY AGREEING TO THESE TERMS OF SERVICE YOU WAIVE ANY RIGHT TO TRIAL BY JURY.
If You have questions about these Terms of Service, You can contact us by email at firstname.lastname@example.org.