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Lighter Terms of Service

Last updated January 20, 2025

This website-hosted user interface (this “Interface”) is a frontend portal to the Lighter Protocol, which is autonomous software running on a Layer 2 Ethereum blockchain (the “Protocol”). The Interface is made available by Elliot Technologies, Inc. (“Elliot”, “Lighter”, “we”, “our”, or “us”). Third parties may provide other means of accessing the Protocol for which we are not responsible.

YOUR USE OF THE INTERFACE AND PROTOCOL ARE ENTIRELY AT YOUR OWN RISK. NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER.


1. NO WARRANTIES

THE INTERFACE IS AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF OUR PRODUCTS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF OUR PRODUCTS WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF OUR PRODUCTS WILL BE FREE FROM ERRORS OR DEFECTS, INCLUDING OUR OWN OR THOSE OF THIRD PARTIES.

You assume all risks associated with using the Interface and Protocol, and digital assets and autonomous software generally, including but not limited to, that: (a) digital asset markets are highly volatile; (b) using digital assets is inherently risky due to both features of such assets and the potential unauthorized acts of third parties; (c) you may not have ready access to assets; and (d) you may lose some or all of your tokens or other assets. You assume all risks for losses arising from the underlying mechanics of perpetual contracts, including but not limited to: (i) the risk of positions being forcibly liquidated due to insufficient collateral, (ii) the risk of losses from payment and funding rates, and (iii) the risk of loss as a result of automatic deleveraging mechanisms. You further understand that transactions processed by the blockchain are irreversible. You acknowledge that any transaction you initiate by connecting your wallet to the Protocol using the Interface may be irrevocable.

You agree that you will have no recourse against anyone else for any losses due to the use of the Interface. For example, these losses may arise from or relate to: (1) incorrect information; (2) software or network failures; (3) corrupted cryptocurrency wallet files; (4) unauthorized access; (5) errors, mistakes, or inaccuracies; or (6) third-party activities. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface and interacting with the Protocol.


2. PROHIBITED ACTIVITY

  • Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
  • Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks.
  • Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
  • Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as spoofing and wash trading.
  • Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation in any jurisdiction.


3. CHANGES TO THE INTERFACE OR TERMS OF SERVICE
Elliot reserves the right to modify, substitute, add, update, or eliminate, in whole or in part, either temporarily or permanently, the Interface, any portion of or program made available through the Interface, and/or any policy, FAQ, or guidelines, at any time in its sole discretion and without advance notice to you. Elliot will not be liable to you in the event of any modification, suspension, or discontinuance of the Interface or any features made available through the Interface.

If we change or modify these Terms of Service, we will notify you by updating the date at the top of these Terms of Service. Changes or modifications will be effective immediately upon posting and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of or participation in the Interface in any way, including by receiving rewards in connection with special offers, will serve as confirmation that you have read, understood, and unconditionally consented and agreed to such changes. Given that, you should review these Terms of Service and other applicable policies and guidelines frequently to understand the terms and conditions that apply to your use of the Interface. If you do not agree to the Terms of Service, you must stop using the Interface.


4. ADDITIONAL RIGHTS
Without notice to you, Elliot reserves the right to suspend or terminate your access to the Interface or participation in any feature on the Interface in its sole discretion, including if Elliot determines or suspects that your use of the Interface is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of the Interface.

Elliot may, from time to time, in its sole discretion, make certain programs, special offers, challenges, bonuses, or other promotions available to participants. The terms and conditions applicable to any such special offers will be determined by Elliot in its sole discretion, and Elliot may change, modify, discontinue or cancel any special offer at any time.


5. DATA COLLECTION
The Interface does not collect any personal data, and your interaction with the Protocol will solely be through your public digital wallet address. Any personal or other data that you may make available in connection with the Interface or Protocol may not be private or secure.


6. NO PROFESSIONAL ADVICE
All information provided by the Interface is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Interface. Before you make any financial, legal, or other decisions involving the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.


7. RELEASE OF CLAIMS
You expressly agree that you assume all risks in connection with your access and use of the Interface and your interaction with the Protocol. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface and your interaction with the Protocol.


8. INDEMNITY
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Interface; (b) your violation of any term or condition of these Terms of Service, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Interface with your assistance or using any device or account that you own or control.


9. LIMITATION OF LIABILITY
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Interface, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Interface or the information contained within it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Interface; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Interface; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interface; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Interface, or $100.00 USD, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.


10. GOVERNING LAW
These Terms of Service and any action related thereto will be governed by, and all disputes arising under, relating to, or in connection with these Terms shall be resolved in accordance with the laws of Florida, without regard to the conflicts of law provisions of Florida. The Terms of Service evidence interstate commerce and any arbitration conducted pursuant to them shall be governed by the Federal Arbitration Act. You agree that the federal and state courts of Miami-Dade County, Florida are the proper forum for any appeals of an arbitration award or for court proceedings in the event that this Agreement's binding arbitration clause is found to be unenforceable.


11. MANDATORY ARBITRATION
All disputes arising out of or in connection with the Interface or otherwise in connection with the Terms of Service shall be finally and exclusively settled under the JAMS Optional Expedited Arbitration Procedures. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to JAMS rules, including, where applicable, the JAMS’ Mass Arbitration Procedures and Guidelines. The arbitration will be held in Miami, Florida, unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.


12. CLASS ACTION AND JURY TRIAL WAIVER
YOU MUST BRING ANY AND ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE INTERFACE OR OTHERWISE IN CONNECTION WITH THE TERMS OF SERVICE AGAINST US IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN OR MEMBER OF ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS PROVISION APPLIES TO CLASS ARBITRATION. YOU AND WE BOTH AGREE TO WAIVE THE RIGHT TO DEMAND A TRIAL BY JURY.