Terms

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and the owner and operator of KATE-BOSWORTH Net, Eva van den Bergh ("Company," "we," "us," or "our"), governing your access to and use of the KATE-BOSWORTH Net website and any associated content, tools, data, features, or services (collectively, the "Services"). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by any policies, guidelines, or rules incorporated by reference, including our privacy practices. If you do not agree to these Terms, do not use the Services.

These Terms apply to all users of the Services, including without limitation visitors, registered users, subscribers, and contributors of content.

Definitions

For purposes of these Terms: "Site" means the website located at kate-bosworth.net and any subdomains; "User" or "you" means any person or entity that accesses or uses the Services; "Content" means all text, data, graphics, charts, analytics, on-chain metrics, market data, research, articles, images, videos, and other materials available through the Services; "User Content" means any content or material submitted, posted, uploaded, transmitted, or otherwise made available by a User.

Changes to Terms

We may modify these Terms at any time in our discretion. We will indicate the date of the latest revision at the top of this page and, where required by law, will provide additional notice. Your continued use of the Services after the effective date of changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

Eligibility and User Accounts

You represent that you are at least 18 years of age and capable of entering into a binding contract. If you create an account, you must provide accurate, current, and complete information and keep it updated. You are responsible for safeguarding your credentials and for all activities that occur under your account. You must promptly notify us of any suspected unauthorized access to your account.

Use of the Services

Permitted Use

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal or internal business purposes.

Prohibited Conduct

• Accessing or using the Services for any unlawful, infringing, fraudulent, or malicious purpose.
• Scraping, harvesting, indexing, or otherwise collecting data from the Services by automated means without our prior written consent.
• Reverse engineering, decompiling, or disassembling any aspect of the Services, except as permitted by applicable law.
• Interfering with or disrupting the operation or security of the Services, or attempting to probe, scan, or test vulnerabilities.
• Republishing, redistributing, sublicensing, or commercially exploiting Content except as expressly permitted by these Terms or by written authorization from us.
• Impersonating any person or entity or misrepresenting your affiliation with a person or entity.

Market Data, Research, and No Investment Advice

The Services provide information, research, analytics, and educational content regarding cryptocurrencies, blockchain projects, decentralized finance, equities, ETFs, indices, and related markets. All Content is provided for informational and educational purposes only and does not constitute investment, financial, legal, accounting, tax, or other professional advice. You should not treat any Content as a recommendation or solicitation to buy, sell, or hold any security, commodity, digital asset, or financial instrument.

We are not a broker-dealer, investment adviser, commodity trading adviser, or commodity pool operator and are not registered with the U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Commodity Futures Trading Commission (CFTC), or the National Futures Association (NFA). We do not provide personalized advice or fiduciary services. You are solely responsible for your investment decisions and for evaluating the merits and risks of any strategy or investment. Consider seeking advice from a qualified professional who is familiar with your financial situation.

Markets are volatile. Prices and valuations may fluctuate significantly. Past performance is not indicative of future results. Forward-looking statements are inherently uncertain and actual results may differ materially.

Accuracy, Timeliness, and Data Sources

Content may be based on public sources, third-party data providers, on-chain data, or our own analysis and methodologies, which may change without notice. We do not guarantee the accuracy, completeness, timeliness, or reliability of any Content or data, and delays, errors, or omissions may occur. You acknowledge that market data may be delayed and that we do not undertake to update Content in real time.

No Fiduciary Duty

Use of the Services does not create a fiduciary relationship. You agree that we owe you no fiduciary duties and that any duties that may arise by operation of law are hereby disclaimed to the fullest extent permitted by law.

Third-Party Content, Tools, and Services

The Services may reference or display third-party content, tools, data, or services. We do not control, endorse, or assume responsibility for any third-party materials and are not responsible for any loss or damage arising from your use of or reliance on them.

Subscriptions, Fees, and Billing

Certain features of the Services may require paid subscriptions or fees. Prices, features, and availability are subject to change. Unless otherwise stated, subscriptions automatically renew for successive periods of the same length and at the then-current rate. You authorize us to charge your payment method on a recurring basis until you cancel.

You may cancel your subscription at any time, but, unless required by applicable law or expressly stated otherwise at purchase, fees are non-refundable and no credits are provided for partial periods. You are responsible for all applicable taxes, duties, and charges.

Intellectual Property Rights

The Services and all Content, including but not limited to text, graphics, charts, data compilations, trademarks, service marks, and logos, are owned by us or our licensors and are protected by U.S. and international intellectual property laws. Except as expressly permitted in these Terms, you may not copy, modify, create derivative works of, distribute, publicly perform, publicly display, or otherwise use the Services or Content without our prior written consent.

You may display and, where technically enabled, download or print a reasonable number of pages of Content for your personal or internal business use, provided that you retain all proprietary notices and do not modify or commercially exploit the Content.

User Content

If you submit, post, or otherwise provide User Content, you represent and warrant that you have all necessary rights to do so and that your User Content does not infringe, misappropriate, or violate any third-party rights or laws. You grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, transmit, display, publish, distribute, adapt, and otherwise use your User Content in connection with operating, improving, and promoting the Services.

We may, but are not obligated to, monitor, review, or remove User Content at our discretion for any reason, including violation of these Terms.

Copyright Infringement (DMCA)

We respect intellectual property rights. If you believe that Content infringes your copyright, please send a written notice compliant with 17 U.S.C. § 512(c)(3) to our designated agent with the following: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good-faith belief that use of the material is not authorized; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner.

Designated Agent: DMCA Agent, KATE-BOSWORTH Net, Attn: Eva van den Bergh, 5009 Roosevelt Way NE, Seattle, WA 98105, United States. Email: [email protected].

Privacy

Your use of the Services is subject to our privacy practices describing how we collect, use, disclose, and safeguard information. By using the Services, you consent to our privacy practices. We may update those practices from time to time consistent with applicable law.

Security

We implement commercially reasonable technical and organizational measures designed to protect the security of the Services. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining appropriate security measures for your devices and accounts.

Availability and Modifications to the Services

We may modify, suspend, or discontinue any aspect of the Services, with or without notice, including features, Content, or availability. We will not be liable for any unavailability, modification, or discontinuation of the Services.

Export Controls and Sanctions

You agree to comply with all applicable U.S. export control and economic sanctions laws and regulations. You represent that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction subject to comprehensive U.S. sanctions, and that you are not a person or entity listed on any U.S. government sanctions or restricted parties list. You will not use the Services for any prohibited end use.

Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED WARRANTIES; IN SUCH JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (1) your access to or use of the Services or Content; (2) your User Content; (3) your violation of these Terms; or (4) your violation of any applicable law or third-party right.

Governing Law and Venue

These Terms and any dispute, claim, or controversy arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict-of-law principles and except as preempted by U.S. federal law. Subject to the arbitration provisions below, you and we agree to submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington, and waive any objection to venue or inconvenient forum.

Binding Arbitration and Class Action Waiver

YOU AND WE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THAT IS NOT RESOLVED INFORMALLY SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THIS ARBITRATION AGREEMENT IS GOVERNED BY THE FEDERAL ARBITRATION ACT (FAA) AND APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

The arbitration shall be administered by the American Arbitration Association under its applicable rules for consumer disputes, as modified by this arbitration provision. The seat of arbitration shall be Seattle, Washington. The language of the arbitration shall be English. The arbitrator shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable. The parties agree to keep arbitration proceedings confidential to the extent permitted by law.

CLASS ACTION WAIVER: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

OPT-OUT: You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending a written notice with your full name, address, and a clear statement that you wish to opt out, to 5009 Roosevelt Way NE, Seattle, WA 98105, United States, or via email to [email protected]. Your opt-out will not affect other parts of these Terms.

Termination

We may suspend or terminate your access to the Services, remove or disable Content, or terminate these Terms at any time for any reason or no reason, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including without limitation those relating to intellectual property, disclaimers, limitations of liability, indemnification, governing law, arbitration, and miscellaneous provisions.

Notices

We may provide notices to you by posting to the Site, by email to the address associated with your account, or by mail to any physical address you have provided. You consent to receive electronic communications from us and agree that such communications satisfy any legal requirement that communications be in writing.

Miscellaneous

These Terms constitute the entire agreement between you and us regarding the Services and supersede any prior or contemporaneous agreements on the subject matter. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be enforced to the maximum extent permissible. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent; any attempted assignment in violation hereof is void. We may assign these Terms without restriction. We shall not be liable for any delay or failure to perform due to causes beyond our reasonable control (force majeure). Headings are for convenience only and do not affect interpretation.

Contact Information

Owner and Operator: Eva van den Bergh

Postal Address: 5009 Roosevelt Way NE, Seattle, WA 98105, United States

Email: [email protected]