These Terms and Conditions ("Terms") govern your access to and use of the Propbase platform, including the website located at https://www.propbase.app/ (collectively, the "Platform" or "Website").
By accessing or using the Platform, you agree to be bound by these Terms of Service ("ToS") on behalf of yourself or the entity or organization that you represent. If you disagree with any part of these Terms, you may not access or use the Platform. Your use of the Platform constitutes your acceptance of these ToS, as well as all applicable laws and regulations. You also acknowledge your responsibility for ensuring compliance with any relevant local laws.
General Data Protection Regulation (GDPR), users in the European Union hereby acknowledge and consent to the processing of their personal data as necessary for the performance of these ToS, any associated agreements, and the use of the Platform.
These Terms of Service ("ToS") govern your ("User" or "you") access to and use of the Website, regardless of whether it is accessed via computer, mobile device, or any other means, as well as any products and services provided by Propbase. If you do not agree with any part of these ToS, you must refrain from using the Website.
THE SERVICES ARE OFFERED ONLY TO USERS WHO ARE AT LEAST THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH THEY RESIDE OR ARE LOCATED. BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE ABLE TO LEGALLY CONTRACT IN THE JURISDICTION IN WHICH YOU ARE LOCATED. IF YOU DO NOT MEET THE ELIGIBILITY CRITERIA SET FORTH IN SECTION 2 OF THESE TOS, PLEASE DO NOT ATTEMPT TO USE ANY OF OUR SERVICES. USE OF A VIRTUAL PRIVATE NETWORK TO CIRCUMVENT THE RESTRICTIONS SET FORTH IN THESE TOS IS PROHIBITED.
Propbase takes the privacy of its Users very seriously. Please read Propbase's Privacy Policy, which is hereby incorporated into these Terms of Service by reference, for information relating to our collection, use and disclosure of your personal information.
The Propbase Protocol is a decentralized protocol on various public blockchains, including but not limited to Aptos, that allows users to trade certain compatible digital assets (the "Propbase Protocol" or the "Protocol"). The Protocol currently has one version, designated as v0.9, which comprises open-source or source-available self-executing smart contracts deployed on various public blockchains, such as Aptos. Propbase does not control or operate any version of the Protocol on any blockchain network.
The Protocol is initially deployed on the Aptos blockchain and will be deployed on several other blockchain networks, including by parties other than Propbase. Deployments on other networks typically make use of cross-chain bridges, which allow assets native to one blockchain to be transferred to another blockchain. Please note that digital assets that have been "bridged" or "wrapped" to operate on other blockchain networks (including to blockchains compatible with the Move Virtual Machine (Aptos)) are distinct from the original Aptos mainnet asset.
As a general matter, Propbase is not a liquidity provider into Protocol liquidity pools, and liquidity providers are independent third parties
The Interface provides a web or mobile-based means of access to the Propbase Protocol. It is one, but not the exclusive, means of accessing the Protocol. By using the Interface, you understand that you are not buying or selling digital assets from us, and we do not operate any liquidity pools on the Protocol or control trade execution on the Protocol.
When traders pay fees for trades, those fees accrue to liquidity providers for the Protocol and to Propbase. However, the fees to Propbase only accrue if using the Propbase platform to initiate orders. No assets on Propbase are controlled by Propbase. As such, users can initiate peer-to-peer trade off-platform or by interacting directly with the smart contracts, without paying any fees to Propbase.
Propbase is a decentralized platform powered by blockchain technologies for real estate tokenization, enabling the tokenization, operation, transfer, and storage of ownership of any real estate property.
Our goal is to provide Users with quality Services, which include:
The Interface offers staking for cryptocurrency, enabling clients who hold cryptocurrency to stake and restake them directly on a decentralized protocol with self-executing smart contracts. Your staking, including the accrual of any rewards and conversion of any rewards, will be dealt with in accordance with, and governed by, this agreement.
You represent and warrant that:
(a) You have sufficient technical knowledge and expertise to participate in Staking and understand the operation of the Staking, the Aptos blockchain, and the Propbase Interface;
(b) Blockchain technology and the underlying staking features are currently in the early development stage and have not been proven to be without error. Therefore, Propbase cannot give any warranties regarding the effortless and hack-free functioning and performance of staking, the blockchain, the Interface, the services, and/or the blockchain(s) on which they are based;
(c) You have relied on your own review of the Documentation and obtained your own legal, financial, or taxation advice in making a decision to participate in Staking;
(d) You have not relied on any representations by Propbase;
(e) You understand the risks involved in dealing with cryptocurrencies and Staking, including:
(i) The volatility in the value of cryptocurrencies, including the PROPS Token;
(ii) Risks associated with the Aptos blockchain;
(iii) The risk of attacks, including (but not limited to) Denial of Service attacks, smart contract attacks, and any direct attacks on the protocol;
(iv) Risks of hacking of the staking services or the Interface, including (but not limited to) malware attacks and risks of security weaknesses in codes and software;
(v) The non-availability of the Aptos blockchain;
(vi) Using exchanges and marketplaces to purchase or sell cryptocurrency that have little regulatory control or oversight, including that using and/or purchasing PROPS Tokens on an exchange is done at your own risk and that Propbase has no control over any such exchanges or marketplaces;
(vii) Propbase has no control over the actions of any other people staking or purchasing or selling PROPS Tokens or control over the vulnerabilities of the Aptos blockchain;
(viii) The irrevocability of cryptocurrency transactions; and
(ix) The possibility of losing all or some of your funds.
Propbase (also referred to as the “Company” or “We”) is registered and operates under the laws of the United States, Wyoming. You can find our Company data by the following details:
Company legal name: PB Labs Co., Ltd.
The following terms apply to these ToS:
Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, shall be considered interchangeable and therefore referring to the same.
By accessing the Website in any manner (including, but not limited to, registering an Account on the Website or clicking the “Agree” button during registration), you hereby agree to be bound by these Terms of Service ("ToS"). You further confirm that you have read, understood, and accepted all the provisions contained within these ToS, as well as those outlined in our Privacy Policy, Cookie Policy, AML Policy, and other legally binding documents publicly available on the Website.
You are expressly prohibited from using the Website, Services, or creating an Account if you have not read, understood, and accepted all the provisions contained within these ToS.
The Company reserves the right, at its sole discretion, to modify, remove, or add content to these ToS at any time. All new and/or revised provisions of the ToS shall take effect immediately and shall apply to your use of the Website, Account, and Services from the date of such changes. You are advised to review these ToS regularly to stay informed of any updates or modifications. The Company may, at its discretion, notify you of significant changes to these Terms by posting a notification on the Website or by sending you an email, where appropriate.
By continuing to use the Services following any changes to the ToS, you expressly confirm your acceptance of the revised ToS.
In the event of any conflict between the English language version of these ToS and any translation thereof, the English language version shall prevail.
The term “including” as used in these ToS shall be construed to mean “including, but not limited to,” the examples provided, and shall not be interpreted as an exhaustive list of the topics covered.
The Platform allows users to invest in real estate through fractional ownership of tokenized representations of real estate assets ("Tokens"). These Tokens may entitle you to certain rights and benefits associated with the underlying real estate, such as the potential to receive passive income.
Your use of the Platform is for informational purposes only and does not constitute financial advice. You are solely responsible for conducting your own due diligence on any investment opportunities presented through Propbase. Propbase does not endorse or recommend any specific investment, and you should not make any investment decisions based solely on the information provided on the Platform.
Investing in Propbase Tokens involves a high degree of risk and is only suitable for investors with a high risk tolerance, low liquidity needs, and a long-term investment horizon. Propbase Tokens are speculative in nature and you could lose some or all of your investment. There is no guarantee that Propbase will achieve its business objectives or that a secondary market will develop for the Tokens.
The information presented on the Propbase platform, including details about Propbase Tokens and investment opportunities, is for informational purposes only and should not be considered investment advice. You are solely responsible for conducting your own due diligence on any investment opportunities presented through Propbase and for making investment decisions based on your own financial circumstances and risk tolerance. Propbase does not conduct suitability reviews for any users and does not recommend any specific investments.
By using the Propbase platform, you acknowledge and agree to the following:
As a prerequisite for accessing or using the Services, you represent and warrant to the Company the following:
You are obliged to inform us immediately if you are placed on any sanction lists or change your residence to a Restricted Territory.
You are only permitted to use the Services for personal use and may not create multiple accounts, including for the purpose of collusion and/or abuse of service.
You can only use our Services if allowed under the laws of your jurisdiction. Please ensure that these ToS comply with all laws, rules, and regulations that apply to you. By using the Services, you represent and warrant that you meet all eligibility requirements outlined in these ToS.
As a condition to accessing or using the Services, you acknowledge and accept that:
If you receive discounts on fees from any Promotions and Referrals that are not subject to separate terms and conditions and rules, then we reserve the right to add to, modify or eliminate the discounts and any other aspect of such Promotions and Referrals at any time in our sole discretion.
We may still refuse to let certain people access or use Services, however, and we reserve the right to change these eligibility criteria at any time.
Propbase reserves the right to restrict access to the platform for users from jurisdictions where Propbase is not authorized to operate.
Confidential Information
Our Site contains confidential information ("Confidential Information"), much of which pertains to the investments listed on our platform. Confidential Information includes all technical and non-technical data. You agree that all Confidential Information will be kept in confidence and that you will only use the Confidential Information for the purposes for which it was disclosed.
To the extent applicable, you will not modify, reverse engineer, decompile, create derivative works from, or disassemble any such Confidential Information unless otherwise specified in writing by the disclosing party. These restrictions will not apply to Confidential Information to the extent it:
(a) Was in the public domain at the time of disclosure; (b) Became publicly available after disclosure without breach of this agreement; (c) Was lawfully received from a third party without such restrictions; (d) Was known to you without such restrictions prior to your access to it via our Site; (e) Was independently developed by you without breach of this agreement; (f) Was generally made available to third parties by Propbase without such restrictions; or (g) Is required by applicable law.
For illustrative purposes and without limitation, Users are prohibited from, and shall not permit any third party to:
Any attempt to circumvent the restrictions:
shall be deemed a breach of these ToS. Attempts to circumvent include, but are not limited to, manipulating the information used by the Company to identify your location and providing the Company with false or misleading information regarding your location or place of residence (including the use of a VPN).
Any and all funds (including cryptocurrencies) of a Sanctioned Person or Restricted Person on the Website are void and may be confiscated or returned to the person at the Company's sole discretion.
The information provided in connection with your access to and use of the Website and Services is solely for informational purposes and should not be interpreted as professional advice.
Propbase does not offer investment advice, endorsements, or recommendations regarding any properties listed on this site. Nothing on this website should be construed as an offer to sell, solicitation of an offer to buy, or a recommendation with respect to any security.
It is your sole responsibility to determine whether any investment, investment strategy, or related transaction is suitable for you based on your personal investment objectives, financial circumstances, and risk tolerance. We strongly recommend consulting with licensed legal professionals and investment advisors for any legal, tax, insurance, or investment advice. Propbase does not guarantee any investment performance, outcome, or return of capital for any investment opportunity posted on this site.
While any investment-related information provided is obtained from sources believed to be reliable, Propbase makes no representations or warranties regarding the accuracy or completeness of such information and accepts no liability for any inaccuracies or omissions. You should not act or refrain from acting based on any information contained on the Website or any other information made available by us at any time, including blog posts, data, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos.
Prior to making any financial, legal, or other decisions involving the Services, you should seek independent professional advice from a licensed and qualified individual in the appropriate field. These ToS do not create or impose any fiduciary duties on Propbase, and you agree that the only duties and obligations we have to you are those expressly stated in these ToS.
Please be aware that all investments involve risk and may result in partial or total loss. By accessing this Website, you understand and acknowledge that:
While investment-related information provided is obtained from sources believed to be reliable, Propbase makes no representations or warranties regarding the accuracy or completeness of such information and accepts no liability for any inaccuracies or omissions. Prospective investors are advised to review all available information and consult with their tax and legal advisors before making any investment decisions. Propbase does not provide investment advice or recommendations regarding any offerings posted on this website.
Hyperlinks to third-party sites or reproduction of third-party articles do not constitute an approval or endorsement by the Company of the linked or reproduced content (for further information, please refer to Section 8).
To access the Services, an Account must be created by registering on the Website. As mandated by law and industry regulations, we are required to collect the following data from you (“Registration Data”):
This information is necessary to comply with anti-money laundering and counter-terrorism financing requirements. We reserve the right to request any KYC documentation we deem necessary to verify the identity and location of a User at any time (for further information, please refer to Section 3 of the AML Policy). Services and payments may be restricted until identity verification is satisfactorily completed.
Although you are not legally obligated to provide us with personally identifying information, refusal to provide the Registration Data or other requested information will prevent you from using certain features of the Website or Services. We will handle your personally identifying information in accordance with our Privacy Policy. By creating an Account, you represent and warrant that you have reviewed and agree to the terms of the Privacy Policy.
When creating an Account and using the Website and Services, you agree to:
For your protection, we strongly recommend setting up Two-Factor Authentication, Anti-Phishing, and secure password options.
The right to use the Website and Services is personal to you or the business you are registering for and is not transferable to any other person. Sharing the Services with another person or allowing another person to access the Services through your Account is a breach of these ToS and may constitute fraud or theft, for which we reserve all rights and remedies. You agree not to permit any individual or entity, other than your authorized agents, if any, to use the Website or Services via your Account.
Propbase functions as a marketplace that facilitates connections between buyers (token holders) and sellers (individuals wishing to sell their properties). The Platform advertises real estate properties but does not engage in the purchase, flipping, or resale of properties on the Website.
The standard procedure for selling real estate on the Platform comprises the following steps:
As the provider of the Services, Propbase does not own, control, offer, or manage any real estate. Propbase is not a party to the contracts directly entered into between Users and does not act as a real estate broker or insurer. The Company does not serve as an agent in any capacity for any User.
Users are solely responsible for understanding and complying with all applicable laws, regulations, and contractual obligations with third parties related to their transactions on the Platform.
When a user purchases a real estate token on our platform, a Token Purchase Agreement is automatically generated and uploaded to their account. By purchasing the real estate token, the user agrees to be bound by the terms and conditions outlined in the Token Purchase Agreement. It is the user's responsibility to review and understand the terms of the Token Purchase Agreement before completing the purchase. The platform will not be liable for any losses or damages incurred by the user due to their failure to review and understand the terms of the Token Purchase Agreement.
We will charge the fees for the Services provided to the Users. We may unilaterally change the fee rates. Such changes and amendments shall come into effect from the day that such changes and amendments are published on the Website.
You acknowledge that it is your sole responsibility to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. We will make any tax withholdings or filings that we are required by law to make, but we are not responsible for determining whether taxes apply to your profit, or for collecting, reporting, or remitting any taxes arising from any of your actions.
We strongly recommend you consult your own accountant regarding taxes and make decisions based on your own risk tolerance.
Unless otherwise stated, the Website and all content and other materials contained therein, including, without limitation, the Propbase logo, all designs, source code, database, functionality, software, text, graphics, audio, video, pictures, photographs, information, data, software and other files as well as the selection and arrangement (collectively, "Content") therein, are wholly owned, controlled, and operated by us. The trademarks, service marks, and logos therein (the "Marks") are also our exclusive property and are owned, in our control, or under license to us. They are protected by U.S. and international copyright laws as well as other intellectual property rights and unfair competition laws.
You are given a restricted, non-transferable license to access and use the Website, as well as to electronically copy and print portions of the Content for your informational, non-commercial, and private use only. Any of the following are expressly prohibited by this license, which is subject to these ToS:
The license granted here will be terminated if the Website or the Content is used in any way that is not expressly permitted by these ToS. Such illegal use can also be against the law, including relevant copyright and trademark laws as well as any communications laws and regulations. Nothing in these ToS, whether by estoppel, implication, or otherwise, shall be taken to provide any license to any intellectual property rights, unless such license is expressly granted. This permission may be revoked at any moment.
You are solely responsible for the content of, and for any harm resulting from, any content that you post, upload, link to or otherwise make available via the Website, regardless of the form of that content (“User-Generated Content”). We are not responsible for any public display or misuse of User-Generated Content. We have the right (though not the obligation) to refuse, remove, or request the removal of any User-Generated Content that, in our sole discretion, violates any Company terms or policies.
If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any content you post; that you will only submit content that you have the right to post; and that you will fully comply with any third-party licenses relating to content you post.
We need the legal right to do things like host User-Generated Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display your content, and make incidental copies as necessary to render the Website and provide the Services.
To the extent these ToS is not enforceable by Applicable Law, you grant Company the rights we need to use your content without attribution and to make reasonable adaptations of User-Generated Content as necessary to render the Website and provide the Services.
We may provide third-party content on the Website and may provide links to Web pages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content and undertake no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
We may provide or allow Users to provide information about or links to third-party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Propbase advertisers or third-party information on the Website.
Before making a purchase on the Propbase platform, you will need to provide information related to your digital currency or digital asset wallet ("Wallet"). If you do not already have a Wallet, you will need to acquire a cold storage Wallet or set up an account with a wallet provider of your choice ("Wallet Provider"). Your use of a third-party Wallet will be governed by the Terms of Use agreement between you and the Wallet Provider. By using a custodial wallet, you acknowledge that you are the sole manager and owner of your custodial wallet. All funds in a custodial wallet belong entirely to you, and you retain full control of the wallet at all times.
There are inherent risks associated with using an internet-based blockchain protocol (including the Digital Tokens we may create for you implementing a customized Aptos V4 Token standard). These risks include, but are not limited to, hardware, software, and internet connection issues, the introduction of malicious software, and the risk of unauthorized third-party access to information stored within your Account or the digital assets in your Wallet. You accept and acknowledge that Propbase will not be responsible for any communication failures, disruptions, errors, distortions, delays, or third-party fraud that may occur due to circumstances beyond our reasonable control.
PROPBASE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY DAMAGES ARISING FROM DECISIONS OR ACTIONS MADE BY YOU BASED ON SITE CONTENT OR INFORMATION ON OFFERINGS, OR THROUGH THE USE OF DIGITAL CURRENCY OR DIGITAL SECURITIES, INCLUDING BUT NOT LIMITED TO LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERRORS SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, INCORRECT DIGITAL CURRENCY WALLET ADDRESSES, BANK WIRE INFORMATION, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO THE SITE OR SERVICES; (E) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING, OR OTHER MEANS OF CYBER ATTACK AGAINST THE PROPBASE SITE OR ANY ASSOCIATED SERVICES.
To the fullest extent permitted by Applicable Law, you agree to release, indemnify, and hold harmless the Company and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Propbase Parties”) from and against any real or alleged third party claims, losses, liabilities, obligations, penalties, interest, fees, other liabilities (including, without limitation, attorney's fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance). “Claims” refers to claims of any kind and nature, whether known or unknown, anticipated or unforeseen, matured or unmatured, suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise, that result from, arise out of, or are connected with (a) your use or misuse of the Website (b) any feedback you provide, (c) your violation of these ToS, (d) your breach of a third party's rights and (e) your violation of any applicable law.
In order to help the Propbase Parties successfully defend any third-party Claims, you agree to quickly notify the company of any such Claims. You also concur that the Propbase Parties will be in charge of any third-party claim's defense or resolution.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.
In no event shall Propbase, its directors, members, employees, or agents be liable for any direct, special, indirect, incidental, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the Site, the Service, the content, or the materials contained in or accessed through the Site. This includes, without limitation, any damages caused by or resulting from reliance by the user on any information obtained from Propbase, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Propbase's records, programs, or services.
In no event shall the aggregate liability of Propbase, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Site or Service or these Terms of Service exceed any compensation you pay, if any, to Propbase for access to or use of the Site.
You are accountable for being aware of, comprehending, and abiding by these ToS and the Privacy Policy. In no event will Propbase or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in a contract, tort (including but not limited to negligence), or other action, arising out of or in any way connected with the use or inability to use the Website, the Services, or the Content. This includes any losses brought on by or resulting from the user's reliance on any information obtained from Propbase, as well as any losses brought on by mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not brought on by acts of God, communications failures, theft, destruction, or unauthorized access to Propbase's records, programs, or services.
Propbase takes no responsibility for, and will not be liable to you for, any damages arising from any decisions or actions made by you based on Propbase website content or any use of crypto assets, including but not limited to any losses, damages, or claims arising from: (A) user errors such as forgotten passwords, incorrectly constructed transactions, incorrect cryptocurrency wallet addresses, bank wire information, or mistyped addresses; (B) server failure or data loss; (C) corrupted wallet files; (D) unauthorized access to the website or services; (E) any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing, or other means of cyber attack against the Propbase website or any associated services.
The security of any data you disclose online cannot be guaranteed by the Company.
You expressly understand and agree that your access to and use of the Company's services are at your sole risk. The Website, smart contracts, and Content are provided on an "as is" and "as available" basis without warranties or conditions of any kind, whether express or implied. The Company does not guarantee that the Content is accurate, complete, trustworthy, up to date, or error-free. Although the Company strives to ensure that your use of the service and Content is secure, it cannot and does not guarantee that the service, Content, or any digital assets listed on our Website are free of viruses or other malicious components.
You acknowledge that there are security risks associated with providing personal information and transacting online, and you agree not to hold us liable for any security breaches unless they result from our willful misconduct. The Company and its third-party licensors are not responsible for the defamatory, obscene, or unlawful behavior of visitors to the Website or other third parties, and the risk of harm from such behavior is solely your responsibility.
The security, continuity, and error-free operation of the Website are not guaranteed by the Company or any of its third-party licensees. The Company makes no warranty that the Website will function or operate in conjunction with any other product or software or that it will be free of viruses, worms, or Trojan horses.
Your use of the Website is at your sole risk. Neither the Company nor its affiliates shall have any liability for any termination, interruption of service, delays, errors, failures of performance, defects, line failures, or omissions related to the Website or your use of it. If you are unhappy with the Website or its content, your only recourse is to stop using the platform, Website, and/or services.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft, destruction, or unauthorized access to User communications. The Company is not responsible for any technical malfunctions of telephone networks or lines, computer systems, servers or providers, computer equipment, software, or failure of email due to technical problems or traffic congestion on the Internet or the Site, including injury or damage to Users or any other person's computer related to or resulting from using the Web and/or the Service.
Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to User Content, personal injury, or death, resulting from anyone's use of the Site or the Service, any User Content or Third-Party Sites posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
By using the Propbase platform, you acknowledge the inherent risks associated with blockchain technology and digital assets. You are solely responsible for understanding these risks and making informed investment decisions. These risks include:
YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND ARE WILLING TO ACCEPT THE RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS, INCLUDING SMART CONTRACTS, PUBLIC BLOCKCHAIN NETWORKS, AND NON-FUNGIBLE TOKENS.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY, OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT GOALS, FINANCIAL SITUATION, AND RISK TOLERANCE.
YOU ACKNOWLEDGE AND ACCEPT THAT CRYPTOCURRENCY VALUES CAN FLUCTUATE SIGNIFICANTLY DUE TO MARKET CONDITIONS. YOU RECOGNIZE THE VOLATILE NATURE OF CRYPTOCURRENCIES AND AGREE TO HOLD PROPBASE HARMLESS FOR ANY LOSSES OR DAMAGES ARISING FROM SUCH VOLATILITY.
THE COMPANY IS NOT RESPONSIBLE FOR LOSSES DUE TO ISSUES WITH BLOCKCHAINS, METAMASK WALLET, OR ANY SIMILAR BROWSER OR WALLET ON ANY BLOCKCHAIN NETWORK, INCLUDING BUT NOT LIMITED TO DELAYS OR LACK OF REPORTING BY DEVELOPERS OR REPRESENTATIVES OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING A PARTICULAR NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER PROBLEMS RESULTING IN FUND LOSSES.
You acknowledge that the Website and Services may have inherent flaws and that you are solely responsible for evaluating any information provided by the Website. This warning and others provided in these ToS by the Company do not create an ongoing duty to alert you to all potential risks of utilizing or accessing the Website. The Website may experience sophisticated cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions or delays. You agree to accept the risk of Website failure resulting from unanticipated or heightened technical difficulties, including sophisticated attacks, and agree not to hold us liable for any related losses. The Company will not bear any liability for any damage or interruptions caused by viruses that may affect your computer or other equipment, or any phishing, spoofing, or other attacks.
You irrevocably release, acquit, and forever discharge the Company and its subsidiaries, affiliates, officers, and successors from any and all past or future causes of action, suits, or controversies arising out of another User's violation of these ToS.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE ToS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE ToS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.
Any action or proceeding arising out of, or related to, these ToS or the Services shall be brought only in a state or federal court located in the State of Wyoming, although we retain the right to bring any suit, action, or proceeding against you for breach of these ToS in your country of residence or any other relevant country. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues.
At the Company's sole discretion, it may require any dispute, claim, or controversy arising out of or relating to these ToS, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the Wyoming Rules for Fee Arbitration. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorney's fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings unless the arbitrator for good cause determines otherwise.
All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.
Propbase may terminate these Terms of Service and your right to use the Service at any time and for any reason without prior notice. Upon termination or expiration of these Terms of Service, Propbase may remove and discard any Propbase Materials or User Content, and such materials and content may no longer be accessible to you. Propbase will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party. You agree that Propbase will not be liable to you or any third party for any such termination except as described in these Terms of Service.
The Company may suspend or terminate your access or rights to use the Services at any time for any breach of these Terms of Service. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under these Terms of Service, including for termination of your Account.
If you have registered for an account, you may terminate these Terms of Service at any time by contacting the Company and requesting termination. Upon termination of these Terms of Service, any provisions that by their nature or express terms should survive termination shall remain in full force and effect. This includes, without limitation, provisions related to ownership of intellectual property, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you may have to the Company or any third party.
14.1. SEVERABILITY If any term or provision of these ToS is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not impact any other term or provision of these ToS or render such term or provision invalid or unenforceable in any other jurisdiction.
14.2. HEADINGS The headings and titles of sections, clauses, and parts in these ToS are provided for convenience only and shall not influence the interpretation or meaning of any provisions of these ToS.
14.3. ASSIGNMENT You are prohibited from assigning or delegating any of your rights or obligations under these ToS without the prior written consent of the Company. Any attempted assignment or delegation in contravention of this section shall be considered null and void. No assignment or delegation shall absolve you of any of your obligations under these ToS. The Company retains the right to freely assign or delegate its rights and obligations under these ToS at any time. Subject to the foregoing limitations on assignment, these ToS shall insure to the benefit of, be binding upon, and be enforceable against each of the parties hereto and their respective successors and assigns.
Propbase reserves the right to modify these Terms of Service at any time. These Terms of Service are offered to you on the condition of your acceptance without modification of all terms and conditions contained herein, as well as all other operating rules and policies, including but not limited to Propbase's Privacy Policy.
Any changes or modifications to these Terms of Service may be made at Propbase's sole discretion and may be published on the Site or otherwise provided to you without prior notice or liability. You agree that it is your responsibility to review these Terms of Service regularly to stay informed of any updates. Your continued use of the Site or Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
Additionally, any additional terms and conditions to which you have agreed in connection with specific features, applications, products, or services provided by the Site or Service will also apply.