COPYRIGHT, DISCLOSURES AND WAIVERS
Copyright © 2024 by Mitch Jackson, Maneuver Mediation, Inc. and Jackson and Wilson, Inc. All rights reserved.
Pursuant to applicable state, federal and international laws, no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, including on web2, web3 and metaverse platforms, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, and all amendments thereto, without either the prior written permission of the publisher or authors.
This document sets forth the terms and conditions governing the use of this digital book, website, services, and all resources and links directly or indirectly referenced in this book (herein referenced as "book," "website," "services" or as otherwise referred to). By accessing or engaging with this book, website or any of our services, which may include traditional web offerings as well as innovative Web2, Web3, artificial intelligence (AI), and metaverse solutions (hereinafter referred to as “Services”), you accept and agree to be bound by this Disclaimer, Waiver of Liability, and Privacy Policy (hereinafter referred to as “Document”). This Document is crafted to be globally applicable and is designed to anticipate the evolving legal and technological landscape. Please read it carefully.
- Comprehensive Legal Disclaimer
This information and resources in this book aim to provide value, but they are not a substitute for direct legal advice tailored to your specific situation. The information provided is educational in nature and should not be construed as legal, financial, or professional advice.
• No Attorney-Client Relationship: The use of this book, including communication via email, chat, or other electronic methods, does not establish an attorney-client relationship unless explicitly stated through a signed engagement letter.
• No Guarantee of Outcomes: Legal matters are inherently uncertain, and outcomes depend on various factors. Therefore, we make no guarantees, warranties, or promises about the results that may be achieved through our Services.
• Third-Party Content and Services: We may include content from or links to third-party platforms. Such content and services are beyond our control, and we make no representations regarding their accuracy or reliability. Any reliance you place on them is at your own risk.
- Waiver of Liability for Emerging Technologies
Given the rapid development and complexity of Web3, AI, blockchain, and metaverse technologies, you acknowledge and agree to a comprehensive waiver of liability. You understand and accept that engaging with these technologies involves unique risks, which are further exacerbated by the evolving regulatory landscape.
• Inherent Risks: You acknowledge that Web2, Web3, AI, blockchain, and metaverse technologies present certain risks, including but not limited to cybersecurity vulnerabilities, smart contract failures, and the potential for rapidly changing regulatory frameworks. You assume full responsibility for your use of our Services and any associated technologies.
• No Responsibility for Technological Failures: We are not liable for any damages resulting from technical issues such as server downtimes, software bugs, hacking, phishing attacks, or unintended uses of smart contracts or AI algorithms.
• Limitation on Liability for Third-Party Platforms: Our Services may interface with third-party platforms, including decentralized finance (DeFi) systems, virtual environments, and digital assets like NFTs. We are not responsible for any losses or liabilities incurred from interactions with these third-party platforms.
• No Guarantee of Compliance Across Jurisdictions: Due to the global nature of Web3, AI, and metaverse technologies, you acknowledge that legal and regulatory frameworks vary widely between countries. You are solely responsible for ensuring that your use of our Services complies with the laws of your jurisdiction.
- Jurisdiction and Governing Law
All legal actions arising out of or relating to this Document or your use of our Services shall be governed by the laws of the State of California, United States. All disputes shall be litigated exclusively in state court located in Orange County, California.
• Applicability Across Jurisdictions: This provision applies globally, and by using our Services, you consent to the exclusive jurisdiction of the courts in Orange County, California, for any and all disputes.
• Arbitration Clause: For matters that may be resolved outside the court system, we may, at our sole discretion, elect to resolve disputes through arbitration in accordance with the American Arbitration Association (AAA) rules. However, this will not preclude your right to seek injunctive relief for legal matters that require immediate resolution.
- Global Privacy Policy
We are committed to protecting your privacy and personal data while recognizing that the technologies involved—AI, blockchain, Web3, and metaverse—may introduce unique challenges in data privacy.
• Types of Data Collected: We collect personal data such as your name, email, IP address, blockchain wallet addresses, and behavioral data on our website. For Web3 and metaverse services, we may also collect interaction data, including user activities within decentralized applications (dApps) and virtual environments.
• How Data is Used: Your data is used to:
• Provide and improve the functionality of our Services.
• Enhance the security of Web3, AI, and metaverse environments.
• Comply with legal obligations, including any applicable Know-Your-Customer (KYC) regulations for Web3 transactions.
• Personalize your experience, including through the use of AI algorithms.
• International Data Transfers: By using our Services, you consent to the transfer of your data across borders. We employ reasonable measures to ensure that your personal data remains secure during such transfers, though local privacy laws may differ from those in your home country.
• Blockchain and Data Privacy: For blockchain-based interactions, your transaction data may be publicly accessible due to the nature of decentralized ledgers. While we strive to protect your personal information, we cannot guarantee privacy over data that is inherently public on blockchain systems.
• Cookies and Tracking: We utilize cookies and similar tracking technologies for website functionality and analytics. You can disable cookies through your browser settings, but doing so may affect your ability to access certain features of our Services.
- Intellectual Property and Digital Assets
All content and materials provided through our Services, including written content, software, AI-generated outputs, smart contract code, and digital assets, are the intellectual property of our organization or licensed third parties.
• Use of Intellectual Property: You may not copy, distribute, modify, or create derivative works from our intellectual property without prior written permission. Unauthorized use may result in legal action.
• User-Generated Content in Web3 and the Metaverse: By submitting content to decentralized platforms, blockchain networks, or metaverse environments through our Services, you grant us an irrevocable, royalty-free, worldwide license to use, reproduce, and display that content for the purposes of delivering and promoting our Services.
- Specific Terms for AI, Blockchain, and the Metaverse
Due to the evolving nature of Web3, AI, and metaverse technologies, we have included specific provisions related to these sectors to ensure that our Services cover the most cutting-edge legal issues.
• AI-Specific Disclaimers: AI-driven tools and recommendations are meant for informational purposes only. The accuracy and reliability of AI-generated content are not guaranteed, and you should not rely solely on AI recommendations for critical legal, financial, or business decisions.
• Smart Contracts and Blockchain Technology: Blockchain transactions, including those executed via smart contracts, are irreversible. You are responsible for ensuring the security of your private keys, seed phrases, and any other access credentials. We are not liable for losses due to user error or unauthorized access.
• Metaverse and Virtual Assets: Any transactions or interactions within metaverse environments facilitated through our Services may be subject to the terms and conditions of the third-party metaverse platform. We make no warranties regarding the legal standing or security of virtual assets, NFTs, or digital identities.
- Global Legal Compliance
While we make efforts to comply with laws across multiple jurisdictions, it is your responsibility to ensure that your use of our Services aligns with the legal requirements of your country. Our Services may not be legally permissible in all regions, particularly in relation to AI, blockchain, and Web3 technologies.
• Regulatory Uncertainty: The regulatory framework surrounding AI, blockchain, and the metaverse is rapidly changing. You accept full responsibility for keeping up to date with these changes and ensuring your compliance with local laws.
- Mandatory Mediation and Arbitration
In the event of any dispute, controversy, or claim arising out of or relating to this Document, the use of our Services, or any related interactions, the parties agree to first attempt to resolve the issue through good faith mediation. If mediation fails to resolve the dispute, the matter shall then be settled by binding arbitration, as outlined below:
14.1 Mediation
• Mediation Process: The parties agree to engage in non-binding mediation before resorting to any formal legal proceedings. The mediation shall be conducted by a mutually agreed upon mediator in Orange County, California. If the parties cannot agree on a mediator, one shall be appointed by the American Arbitration Association (AAA).
• Costs of Mediation: Each party shall bear their own costs related to the mediation process, and the costs of the mediator shall be shared equally between the parties.
14.2 Arbitration
• Binding Arbitration: If mediation does not resolve the dispute, the matter shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), or any other mutually agreed upon arbitration body. Arbitration shall take place in Orange County, California.
• Arbitration Procedure: The arbitration shall be conducted by a single arbitrator who has expertise in the subject matter of the dispute, particularly in areas such as web3, AI, blockchain, or metaverse technologies, where applicable. The arbitration shall follow the rules of the AAA, unless the parties mutually agree to modify the procedure.
• Costs of Arbitration: Each party shall bear their own legal costs during the arbitration process, but the costs of the arbitrator and the administrative fees of the arbitration shall be shared equally by the parties.
• Finality of Arbitration: The decision of the arbitrator shall be final and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction.
14.3 Waiver of Class Actions
To the maximum extent permitted by law, all disputes shall be resolved on an individual basis. You agree to waive any right to participate in a class action or class-wide arbitration.
14.4 Injunctive Relief
Nothing in this Document shall prevent either party from seeking injunctive relief in a court of law for matters related to intellectual property rights, data security breaches, or unauthorized use of the Services.
- Jurisdictional Agreement
This mandatory mediation and arbitration provision applies globally to all disputes, regardless of where the parties are located. By using our Services, you expressly consent to mediation and arbitration in Orange County, California, and waive any objections related to venue or jurisdiction.
- Indemnification and Hold Harmless
You agree to indemnify, defend, and hold harmless our company, its affiliates, officers, directors, employees, agents, and contractors (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with:
• Your Use of Services: Any violation or breach of this Document by you, including but not limited to your use of our Services, interactions with Web2, Web3, AI, or metaverse technologies, or participation in decentralized finance (DeFi) or blockchain networks.
• Violation of Law or Rights: Your violation of any applicable laws, rules, or regulations, or the rights of any third party, including intellectual property rights, privacy rights, or contractual rights, in relation to your use of our Services.
• Misuse of AI, Blockchain, or Metaverse Technologies: Any claims arising from your misuse of AI-generated content, smart contracts, blockchain technologies, decentralized applications (dApps), NFTs, or virtual assets within metaverse environments.
• Third-Party Claims: Any third-party claims or disputes arising from your use of our Services, including claims related to unauthorized use of data, fraud, misrepresentation, or negligence.
Limitation of Liability
To the maximum extent permitted by law, the Indemnified Parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of data, or other losses arising out of your use of or inability to use our Services.
Scope of Indemnification
Your obligation to indemnify and hold harmless shall survive the termination of your use of our Services and remain in effect for as long as applicable claims or liabilities may arise. This indemnification covers both domestic and international claims, ensuring global protection for the Indemnified Parties.
- Amendments and Modifications
We reserve the right to modify this Document at any time. Changes will take effect immediately upon posting to our website, and it is your responsibility to review the Document regularly. Your continued use of our Services constitutes acceptance of any changes.
- Contact Information
If you have any questions, concerns, or requests related to this Document, please contact us here.
- Acknowledgment of Agreement
By using our Services, you acknowledge that you have read, understood, and agree to the terms of this Disclaimer, Waiver of Liability, and Privacy Policy. Should you choose to not accept these terms, you must discontinue your use of our Services immediately.