September 12, 2015

Bitverse, LLC’s (“Bitverse”) goal is to provide you (“User”) through its website (the “Website”) a single online source devoted to discussing what matters to you. As with any large community, the quality of your experience depends upon the goodwill, consideration and civility of everyone involved. While participating here, you are expected to be respectful.

Also, to achieve Bitverse’s goal, User understands and agrees that as part of the basis of the bargain between User and Bitverse in providing this Website and making available this platform, as well as any information, answers, comments, posts, news, or reviews, (collectively all of the preceding will be referred to as “Content Information”) available on this Website, User must agree to the following terms of use (the “Terms of Use”). Without User’s agreement to these Terms of Use the Content Information made available to User on this Website would be materially different, including possibly being made available to User for a fee or a higher subscription rate.


Registered, Nonregistered and Administrative Users. User may use Bitverse’s Website by browsing it as a nonregistered user, becoming a registered user by creating an account, and as a registered user you may become a user with administrative rights (“Administrative User”) to manage a room or set of rooms on the Bitverse Website (nonregistered, registered, and Administrative Users will be included in the definition of “User”). User’s continued use and any other transactions with Bitverse made through the Website confirms User’s understanding and unconditional acceptance of these Terms of Use. If User does not accept these Terms of Use, please do not use this Website, its Content Information, enter into any transactions with Bitverse, and create an account. But User is encouraged to contact Bitverse at info@bitverse.com and explain User’s concern.

To the extent possible, we will work with User to answer any questions and address User’s concerns consistent with the Terms of Use.

Specific Rules for Administrative Users. A User may, but is not required to, become an Administrative User. An Administrative User is a volunteer who oversees a particular chat room and its timeline. Bitverse may, at any time and for any reason, with or without notice, revoke a User’s role as an Administrative User. Any User who elects to become an Administrative User understands and agrees to the following:

  1. An Administrative User of any room must make a decision about whether and how to moderate the room and any of its associated content.

  2. When a User’s post or actions do not comply with these Terms of Use, Administrative Users may remove or edit the post. In addition to complying with these Terms of Use, Administrative Users will use their best judgment and common sense in will prevail in situations that are not explicitly addressed by these Terms. There is no plausible way to write a set of rules that cannot be interpreted in different ways by different people. In all cases of moderation it is the Administrative User’s judgement that is the only important factor, but User’s decision is always final.

  3. Administrative Users understands and agrees that if a User believes another User has violated these Terms of Use or engaged in other inappropriate conduct, User will first report the violation or inappropriate conduct to an Administrative User by private message. Administrative User agrees to address the concern as set forth in these Terms of Use.

  4. Although Bitverse’s Website may be moderated by Administrative Users they have no authority whatsoever to make binding commitments, promises or representations to anyone that they or anyone else on behalf of Bitverse will take any action of any alleged problem or complaint, or that they or anyone else on behalf of Bitverse will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, User further agrees that any representation (written or verbal) by any Administrative User (or by anyone else acting on behalf of Bitverse or by anyone purportedly acting on behalf of Bitverse) that Bitverse (including but not limited to Bitverse’s Representative, anyone else acting on behalf of Bitverse, or anyone purportedly acting on behalf of Bitverse) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable.

No Affiliation with any third parties. Bitverse’s Website is an unofficial and independent source of Content Information (e.g., comments, posts, news, and other information). Bitverse’s Website is not affiliated in any way with any professional or collegiate sports team and it is not affiliated in any way with any professional or collegiate sports league or sports conference.

No Guarantees as to Accuracy of Information. The Content Information that may be found on Bitverse’s Website may come from Bitverse or its, advertisers, affiliates, licensors, or it may be provided by Users and other third-parties that are not affiliated with Bitverse. Further, any views or advertisements expressed or found on the Website do not necessarily represent the views or endorsement of Bitverse and should not be attributed to Bitverse. For additional information as to the accuracy, completeness, or other questions pertaining to any such Content Information, you should contact the actual provider for more information and before taking any action or refraining from taking any action based on the Content Information.

Bitverse has no Obligation to Regulate Content and/or Conduct. Bitverse has the right, but not the obligation, to regulate Content Information; to regulate conduct (including but not limited to any authorized or unauthorized access to or use of our sites and services) by any User (or any other third party in any manner); and to enforce these Terms of Use, for any reason and in any manner or by any means that Bitverse, in its sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), and the deletion and/or termination of content, accounts and/or all or any use or access to the Website. Bitverse may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Bitverse’s action or inaction to regulate Content Information or conduct or to enforce against any potential violation of these Terms of Use by any User (or any other third party) does not waive Bitverse’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar Content Information, conduct or potential Terms of Use violation. User also understands and agrees that any action or inaction by Bitverse or any of Bitverse’s directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “Representatives) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any Content Information, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and User expressly agrees that neither Bitverse nor any of Bitverse’s Representatives will be liable to User or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms of Use.

User’s Representations and Warranties: In using the Website, User further agrees, represents, and warrants the following:

  1. Age Restrictions. Bitverse’s Website is available only to individuals who are 18 years of age or older, except individuals who are over the age of 14 may join Bitverse’s Website subject to the terms set forth in the next paragraph. If User does not meet these age requirements, do not register to use the Website or its services. Creating an account with false information is a violation of the Terms of Use. This includes accounts registered on the behalf of someone under 13.

  2. To be eligible to sign up for Bitverse’s Website, you must be over the age 13 years old. By creating an account, User represents and warrants User is over the age of 13.


  4. License.

    1. Permitted Uses. Bitverse grants to User a nonexclusive, nontransferable, and limited license to access, store and use the Content Information only as expressly permitted in the Terms of Use and any applicable Bitverse Service Agreement. The Content Information is solely and exclusively for User’s personal and private use (except as otherwise expressly permitted under the Terms of Use) and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of these Terms of Use or any applicable Bitverse. Except as otherwise provided or permitted by Bitverse from time to time with respect to certain Content Information, User may, print select and limited portions of Content Information and/or download select and limited portions of Content Information to a storage device under User’s exclusive control (collectively “Downloaded Content”) solely to:

      1. Access such Downloaded Content and distribute such Downloaded Content on an occasional basis for User’s personal use and for purposes consistent with the terms and conditions of the Terms of Use and properly crediting Bitverse; and

      2. To the extent permitted by applicable copyright laws, but only on an occasional basis make and distribute copies of Downloaded Content in the ordinary course of User’s personal and private use; provided, however, that in all cases you preserve all copyright notices and other proprietary notices.

      Notwithstanding anything to the contrary set forth in the Terms of Use, upon notice User agrees to comply with, and use of Content Information or Downloaded Content is subject to, any rules, restrictions and/or requirements of third-party content providers applicable to Content Information or Downloaded Content and User’s use of both.

    2. Restrictions. Except as expressly permitted in the Terms of Use, User shall not

      1. recirculate, distribute, scrape, store, transmit, publish, broadcast, copy, download, or otherwise use the Content Information or any portion thereof in any form, including Downloaded Content, or by any means except with the prior written consent of Bitverse, and, if applicable, the consent of third-party content providers or other providers of content or services available through the Website;

      2. Share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Website or the Content Information, or any portion thereof; or

      3. Store or use Downloaded Content in an archival library, file site, database or other searchable repository except as expressly permitted by the Terms of Use or as quoted in your work product (in compliance with the Terms of Use). Except as expressly permitted in the Terms of Use Terms or any applicable membership or other service agreement, User shall not sell, license, or distribute Content Information (including Downloaded Content) to third parties or use Content Information as a component of or as a basis for any material offered for sale, license, or distribution. Notwithstanding anything to the contrary in the Terms of Use, User may not use and may not authorize any third party to use the Website or Content Information (including Downloaded Content) in any manner (including, without limitation, with respect to quantity, frequency of access, distribution or scope of distribution, systematic or deliberate nature of actions, as applicable) that could, in Bitverse’s good faith judgment, either cause the Content Information so used to: be a source of or substitute for the Content Information or Content; affect Bitverse’s ability to realize revenue in connection with the Content Information or Content; compete with the business of Bitverse or its affiliates; or negatively affect network or servers of Bitverse or its affiliates, including without limitation the speed of delivery of Content Information. Notwithstanding anything to the contrary in the Terms of Use, Bitverse reserves the right, in its sole discretion, temporarily or permanently to block access to the Website and Content Information, including the ability to download or distribute any Content Information, at any time without notice and effective immediately. Unauthorized access or use of the Website or Content Information is unlawful and Bitverse shall have all rights provided by law to prevent such access or use and to collect damages in such event.

    3. Additional Restrictions: Except as expressly permitted in the Terms of Use, or any applicable membership or other service agreement, User shall not, intentionally or unintentionally:

      1. Use this Website in any manner that could harm, take over, disable, overburden, or otherwise impair any computer systems of Bitverse or its affiliates;

      2. Interfere with any other party’s use and enjoyment of this Website, or any of the Content Information contained on the Website;

      3. Access, monitor or copy any content or information on this Website, including but not limited to user information, the Website’s architecture or its code, using any means, whether by manual process or any software application;

      4. Violate the restrictions in any manner or bypass or circumvent other measures employed to prevent or limit access to the Content Information;

      5. Attempt to gain unauthorized access to any services, servers, or networks used by this Website through any means;

      6. Attempt to gain access to the Content Information or through any means not intentionally made available by Bitverse; or

      7. Use the Content Information, or any trademarks, trade names, service marks, copyrights, or logos of Bitverse or its affiliates in unsolicited mailings or spam material.

  5. Fees and Charges. Use of the Website and Content Information is further subject to timely payment, by User, for all fees that may be required under the applicable Bitverse membership agreement.

  6. Registration and User ID. If User accesses the Content Information using a unique username and password, User agrees as follows: As part of the registration process which may be necessary to obtain access to the Content Information, certain registration information will be provided to Bitverse. User represents that your registration information is accurate and truthful. User shall promptly inform Bitverse, of any updates to User’s registration information in order to keep it true, accurate, and up to date. Each registration is for a single user only. Bitverse reserves the right to deny creation of an account based on Bitverse’s inability to verify the authenticity of your registration information. User may be required to gain access to the Content Information through a unique username and password, which may be used by you to gain access to the Content Information only for so long as User is authorized to access and use the Content Information in accordance with the Terms of Use. User shall not use a user ID that Bitverse, in its sole discretion, deems offensive or inappropriate. User is fully responsible for all usage and activity of the Content Information through User’s account. Only User may access the Content Information through the user ID and access may not be shared with any other person or used in any manner that is inconsistent with the Terms of Use. User agrees to maintain only one account with the Content Information at any time and certify that User currently has no other account(s) with Bitverse. User agrees to securely log-out when not using the Content Information, to not leave unattended any devices which are logged into the Content Information, and to generally restrict access relating to and maintain the security of User’s account.

  7. Non-solicitation and Limitation of Use. User acknowledges that Bitverse has made substantial investments in creating, designing, coding, organizing, identifying, updating, and other efforts for making Bitverse’s Website and its Content Information available to its customers, including User and that Bitverse has a legitimate interest in earning a reasonable return on Bitverse’s investments. User also acknowledges that Bitverse may have agreements with other customers and providers that are intended to protect Bitverse’s interests and investments by limiting the use and access of Bitverse’s customers and providers before using Bitverse’s Website and/or services. Accordingly, to the fullest extent permitted under applicable law, User agrees that during User’s membership and for a period of 12 months immediately following the termination of User’s membership and/or account with Bitverse for any reason, whether voluntary or involuntary, with or without cause, User shall not directly or indirectly solicit any Bitverse customer, User, employee, service provider, partner, independent contractor to cease doing business, cancelling any account, or leaving his or her employment with Bitverse and to work for User in any engagement that directly or indirectly competes against Bitverse. Should any solicitation by User become a substantial factor resulting in a Bitverse customer, User, employee, service provider, partner, independent contractor, leaving Bitverse and accepting any employment, ownership interests, or any other engagement with User, directly or indirectly, without Bitverse’s consent, User agrees to pay Bitverse as liquidated damages reasonably calculated to compensate Bitverse for its lost investments and not as a penalty of any kind, a one-time fee equivalent to one year of monthly subscription in effect at the most recent date that the Bitverse assistant had been assigned to User by Bitverse or $10,000.00, whichever is greater.


Content Information that may be found on Bitverse’s Website may not be provided by, reviewed by, or offered by Bitverse. Further, Content Information found on Bitverse’s Website is not recommended or may not be appropriate for everyone. It is the sole responsibility of User to make sure any Content Information is appropriate for User’s intended use and particular situation.



Please consider the information and any Content Information provided on the Website as informational in nature. Also, any such Content Information, explanations, posts, comments, reviews, answers, or other resources are intended purely for informational purposes only and should not replace information from the actual provider of any Content Information.


If User submits, sends, or otherwise makes available any information, including reviews, images, statements, questions, or other material to Bitverse or through Bitverse’s Website (collectively “Submitted Content”), User understands and agrees that User is granting Bitverse a royalty free, unrestricted, worldwide, perpetual, and revocable, nonexclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submitted Content (in whole or part) worldwide as well as incorporating it in other works in any form, media, or technology now known or later developed and warrant that the Submitted Content is original to User, that User has all necessary rights to submit, send, or otherwise make available the Submitted Content and grant such rights and license to Bitverse. User also warrant that any “moral rights” User has in such content have been waived (collectively all rights within this paragraph will be referred to as the “License”). User also agrees that by submitting to Bitverse the Submitted Content that such submission will constitute an electronic signature of the User as the copyright owner. User further agrees that this signature will be deemed to have been executed as of the date the submission.

Bitverse intends to use any Submitted Content in a positive manner for the benefit of Bitverse, its customers, and other Users. If, however, at any point User disagrees with Bitverse’s use of your Submitted Content, please contact Bitverse at info@bitverse.com and we will discuss the issue and endeavor to work with you to resolve it to your satisfaction. Further, User is not obligated or required to provide any Submitted Content to otherwise interact with Bitverse’s Website. Any decision to do either is solely at User’s discretion.


Bitverse reserves the right to change all Content Information contained on the Website and any items offered through the Website at any time without notice. Bitverse does not and cannot guarantee its Website and any Content Information will function without interruption or in an error-free manner (collectively “Interruptions”). Such Interruptions may occur due to routine maintenance, updates, or system or network failures. To the extent reasonably possible, Bitverse will endeavor to provide advance notice of any Interruption within its control and to reasonably identify and resolve any unscheduled Interruption as quickly as is reasonably possible, as solely determined by Bitverse. However, User agrees that under no circumstances and regardless of the legal theory or whether Bitverse had been informed of the possibility of such damage or damages, Bitverse not be liable for any damages caused by any Interruption, including for loss of data, Submitted Content, Content Information, good-will, recommendations, profiles, the cost of substitute products or services, or from the inability to use the Website, Submitted Content, or Content Information.

Further, Bitverse disclaims all liability for any and all damages caused by any Interruption, as well as any liability for slow, malfunctioning, inconsistent, or impossible access conditions of Bitvers’s Website and Content Information for any reason.


No Content Information contained on the Bitverse’s Website should be considered an endorsement of any kind, a guarantee of that Content Information’s quality, or the appropriateness for User’s particular use.

Bitverse certainly endeavors to provide User with useful, accurate, and truthful information regarding Content Information found on its Website. But Bitverse is often reliant upon third party data, contributions, and information provided by third parties outside of Bitverse. Accordingly, there may be certain inherent limitations as to the accuracy or completeness of information found on Bitverse’s Website. Bitverse, therefore, makes no guarantee that the information on this Website is complete or free from inaccuracies, outdated information, errors, or misinterpretations of information. User should independently verify the accuracy of any information User obtains on the Website before using it as well as personally verifying the appropriateness of any Content Information before agreeing to enter into or pursuing any sort of degree or career plan, as well as refraining from either, or relying upon any advice, recommendations, or information found on the Website.


If User believes any material on the Website, either posted by Bitverse, our users or any other party, is infringing, please contact Bitverse at the address below. Pursuant to the Digital Millennium Copyright Act, Bitverse has a designated agent to receive copyright infringement claims.

The agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) is:

Jason Shinn, Esq. of Shinn Legal, PLC
3080 Orchard Lake Rd., Suite C
Keego Harbor, MI 48320
P: 248-850-2290; F: 248-850-2212

Bitverse’s policies with regard to copyright are stated in these Terms of Use. The Digital Millennium Copyright Act requires (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements) that all infringement claims must be in writing and must include the following information:

  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;

  • A description of the copyrighted work claimed to have been infringed;

  • A description of the infringing material and information reasonably sufficient to permit Bitverse to locate the material;

  • Your contact information, including your address, telephone number, and email;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If User believes any material on the Website was wrongly removed due to a mistake or misidentification of the material, User may file a counter-notice with Bitverse’s designated agent that includes the following:

  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;

  • A description or identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;

  • A description of the infringing material and information reasonably sufficient to permit Bitverse to locate the material;

  • A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

  • Your contact information, including your address, telephone number, and email;

  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under 512(c)(1)(c) of the Digital Millennium Copyright Act or an agent of such person.


In compliance with the Children’s Online Privacy Protection Act (COPPA), Bitverse’s Website is intended to be a general audience site and is not intended to collect any Personally Identifiable Information (PII) from children under 13 years of age, unless we believe such collection to be permitted by law.

Bitverse’s Website audience is intended to be over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If User is the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact our attorneys (Jason M. Shinn) at www.shinnlegal.com or through the contact information on file for Jason M. Shinn with the State Bar of Michigan. Upon written request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.


By using this Website, as well as any information found on this Website, User expressly understands and agrees to the following:

  1. Complete Agreement: User agrees that the Terms of Use constitutes the entire, complete and exclusive agreement between User and Bitverse and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement;

  2. Binding Upon User’s Successors: This Agreement and its performance will be binding on User and User’s heirs, administrators, successors and assigns;

  3. Assignability: User may not assign or delegate any rights or obligations under the Agreement, without the prior written approval of Bitverse. Any purported assignment and delegation will be ineffective. Bitverse may freely assign or delegate all rights and obligations under the Agreement, including any License granted to Bitverse under the Agreement, fully or partially without notice to User. Bitverse may also substitute, by way of unilateral novation, effective upon notice to User, Bitverse for any third party that assumes our rights and obligations under this Agreement;

  4. Equitable Relief: User irrevocably waives any right to seek injunctive or equitable relief. Accordingly, under no circumstances will User seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Bitverse, its Website, or any advertising or other materials issued in connection of either;

  5. No Waiver: Any delay or failure on the part of Bitverse to exercise or enforce any rights under this Agreement to which it may be entitled will not, under any circumstances, be construed as a waiver of the right and privilege to exercise or enforce any such rights at any subsequent time;

  6. Modification: The Agreement and its Terms of Use cannot be amended, modified, or supplemented in any respect except in writing by Bitverse. Bitverse may modify this Agreement at any time and such modifications will be effective immediately upon posting of the modified Agreement and User’s continued use of the Website means that User has agreed to accept any changes or modifications made by Bitverse. User should periodically visit this page to review the most recent Terms of Use. If User does not want to agree to changes or amendments to the Agreement, User should no longer use this Website and/or terminate User’s account. By continuing to use this Website and/or use of User’s account after a change to these Terms of Use, User agrees to those changes;

  7. Membership Account Information. User is responsible for maintaining the confidentiality of User’s membership account and password and for restricting access to User’s computer. User further agrees to accept all responsibility for any activities that occur under User’s account/password. Bitverse reserves the right to refuse or remove any member. User further agrees to not share or otherwise permit anyone else other than User to access Bitverse’s Website through any membership account. User acknowledges that after 12 months, the information on User’s profile page may expire and Bitverse may require User to acknowledge the current accuracy of the information to allow User to have continued use of Bitverse’s Website.

  8. Electronic Communications Consent. By using this Website, creating an account or otherwise doing business with Bitverse, User consents to doing business with Bitverse electronically and consent to receive communications from Bitverse electronically. User agrees that all notices, disclosures, and other communications that Bitverse provides to User electronically satisfies any legal requirement that such communications be in writing. By giving your consent, User agrees to conduct your transaction or transactions with Bitverse using electronic signatures. User agrees that such electronic signatures may consist of clicking on buttons and/or checking boxes where indicated. User also consents to the use of electronic records, including records sent to User electronically, instead of receiving them on paper or by regular mail. Bitverse may provide records to you electronically by posting them online to your account or by email, which may include the records as attachments or as embedded links. User’s consent will be effective unless User withdraws it. User may at any time withdraw User’s consent for electronic signatures and/or to receive records electronically by contacting Bitverse at info@bitverse.com.

  9. Statute of Limitations: User agrees that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Website or these Terms of Use must be filed in a court of applicable jurisdiction as specified in this Agreement within one six months after such claim or cause of action arose or be forever barred;

  10. Disclaimer: Bitverse expressly disclaims all warranties of any kind, whether express or implied with respect to this Website and any content provided on the Website to the fullest extent permitted by applicable law. This disclaimer includes without limitation and by way of example only, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Except as such disclaimer may be limited by applicable law or as otherwise set forth in this Agreement and its Terms of Use, Bitverse makes no warranty through this Website with respect to any information or other material obtained by User through the Website will meet User’s expectations. No advice or information, whether oral or written, obtained by User from Bitverse or its Website will create any warranty not expressly stated in these Terms of Use. Any product and/or services purchased in relation to Bitverse’s Website is done so at User’s own discretion and risk;

  11. Limitation of Liability: Some jurisdictions may not permit the limitation or exclusion of liability in contracts and, as a result, some or portions of this Agreement may not apply to User. But to the extent legally permitted under applicable law, User agrees that under no circumstances will Bitverse, its subsidiaries, affiliates, directors, employees, independent contractors, agents or any other party designated by Bitverse in connection with its business operations be liable, without limitation, to User for any indirect, incidental, special, consequential, or exemplary damages. By way of example only, this includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. If for any reason this provision is prohibited or limited then, instead of this limitation of liability provision, User agrees that Bitverse will be entitled to the maximum disclaimer, limitation, or both on damages and liability available at law and equity. User agrees that this limitation of liability release is made with the knowing intent of releasing all known and unknown claims in future claims and with the intent of waiving all rights under applicable statutes requiring such waivers to be knowingly made. User further agrees that Bitverse will not be, under any circumstances, cumulatively liable for any damages in excess of the lesser of two times the monies paid by User to Bitverse for any services or subscriptions that may give rise to any liability or $500.00 (U.S.). User further agrees that this limitation of liability is part of the basis of the bargain between the Parties and without it the terms and fees charged would be materially different. Additionally, User agrees this limitation of liability shall apply regardless of whether (i) User bases User’s claim on contract, tort, statute or any other legal theory, (ii) Bitverse knew or should have known about the possibility of such damages; or (iii) The limited remedies provided in this section fail of their essential purpose; and; (iv) Bitverse may cause User to be damaged intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.

  12. Indemnification and Hold Harmless. User covenants and agrees to indemnify, hold harmless, save and defend Bitverse, its officers, directors, shareholders, employees, agents, representatives, affiliates and their designated successors and assigns from and against any claim, cause of action, loss, damage, liability, cost or expense, including, without limitation, actual attorney’s fees, costs, and expenses, made against or incurred by Bitverse as a result of any use of Bitverse’s Website, any transaction entered into by and between User and Bitverse, and any misuse, damage or failure to exercise reasonable care in the use and supervision of any such item, breach of these Terms of Use, violation of any federal or state law. This provision applies to User and User’s family members, invitees, or anyone else associated in anyway with User or who claims to be injured as result of any (i) use of this Website or transaction by and between User and Bitverse; (ii) misuse, improper care, or improper repair of any item purchased from Bitverse; (iii) the negligent or willful misconduct of any item purchased from Bitverse; (iv) any defects in the equipment purchased or used by User; and (v) any breach, default, violation, misrepresentation or breach of warranty by any manufacturer or Bitverse relative to any item purchased from Bitverse.

  13. Choice of Law: User agrees that any dispute arising in any way from your purchase of any item from Bitverse, use or access to the Website, or a violation of the Agreement are to be construed, governed and enforced exclusively according to the laws of North Carolina or, if applicable federal copyright, patent, or trademark law, without respect to its conflict of laws principles;

  14. Language Translations. If any translation of the English language version of Bitverse’s Agreement, the Privacy Policy, or any other documentation is provided or otherwise made available to User by Bitverse or any third party service provider, User agrees that the translation is only provided for User’s convenience and that the English language version of this Agreement, the Privacy Policy, and any other documentation will control and govern User’s relationship with Bitverse;

  15. Jurisdiction: This Website is controlled and operated by Bitverse from its offices within the State of North Carolina. User’s use of this Website or any claim, cause of action or dispute arising out of or related to the Website, any item purchased from the Website, or any content found on the Website, as well as these Terms of Use (collectively “Claim”) will be governed by the laws of the state of North Carolina regardless of User’s state or country of origin or where User accesses Bitverse’s Website, and notwithstanding of any conflicts of law principles of your geographical jurisdiction and the United Nations Convention. If User accesses this Website from any location outside of North Carolina, User do so on User’s own initiative and is responsible for compliance with User’s local laws, if and to the extent they are applicable. User agrees that use of or access to the Website will not be construed as Bitverse’s purposeful availment of the benefits or privilege of doing business in any state other than the State of North Carolina. Further, Bitverse does not consent to personal jurisdiction in any other state except North Carolina and User agrees to not assert such jurisdiction in any other state except North Carolina. Further, User agrees that a competent court with jurisdiction over Mecklenburg, North Carolina will have exclusive jurisdiction regarding any dispute arising in any way from User’s use of the Website, or a violation of the Agreement’s Terms of Use. User agrees not to contest this exclusive jurisdiction. User also agrees that for the purpose of resolving any issue pertaining to conflict of laws that may arise, the Terms of Use will be deemed to be fully and solely executed, performed and observed in the State of North Carolina;

  16. Limitation on Access and Distribution: The information provided on the Website is not intended for distribution or access by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Bitverse to any registration requirement within such jurisdiction or country; and

  17. Severability: If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the remainder, which will remain in full force. The User agrees that any court, arbitrator, or fact-finder should endeavor to give the fullest possible effect to the intentions of User and Bitverse as reflected exclusively in the provisions of this Agreement and its Terms of Use and should not affect the validity and enforceability of any remaining provision.

  18. Bitverse’s Reliance on Representations. The parties acknowledge and agree that Bitverse is entering into this Agreement and making its Website available to User based upon the reasonable reliance upon the representations made by User set forth in the above Terms of Use.