* 50 Million wLITI have been allocated for this promotion.
These Buy and Hold Terms and Conditions (“Agreement”) incorporate the Liti Capital S.A. (“Liti Capital/Our”) Terms and Conditions and its Annex A, Certain Risks Relating to the Use of Services, which inter alia define the rights and obligations of the parties in connection with the use of the Liti Capital web app and Liti Capital’s website (“Company TC”).
This Agreement governs the relationship between Liti Capital and its Users (“User/You”). This Agreement shall be used for the “Buy and Hold” of $wLiti in connection with “Black Friday 26” for the purpose of gaining a Buy and Hold reward as defined below and is not used for any other services offered by Liti Capital. Whether a direct or indirect user, on behalf of or for an institution or company, User attests that the User has authority to legally Buy and Hold tokens and adhere to the terms listed herein.
BY ENGAGING IN THE “BUY AND HOLD” WITH LITI CAPITAL YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF, AND WILL BECOME A PARTY TO, THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF ANY OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT IS INACCURATE AS APPLIED TO YOU, YOU MUST NOT BUY AND HOLD WLITI.
Terms used in this Agreement with their initial letters capitalized have the meanings ascribed to them in this section or where they are elsewhere defined in this Agreement. Any term defined in the singular will have the corresponding definition in the plural (and vice versa). As used in this Agreement:
Each party may be exposed to the other party’s Confidential Information in the course of each party’s performance under this Agreement. Each party, on behalf of itself and its employees, contractors and agents (collectively, “Representatives”), agrees not to, except as set forth below or as required by applicable law or regulation, use or disclose Confidential Information during or after the term without the prior written consent of the other party. To protect Confidential Information, each party agrees to: (i) limit dissemination of Confidential Information to only those Representatives with a “need to know” in connection with this Agreement; (ii) advise each Representative who receives Confidential Information of the confidential nature of such information; and (iii) have appropriate agreements, policies and/or procedures in place with such Representatives sufficient to enable compliance with these confidentiality obligations. Nothing in this section will prohibit either party from disclosing Confidential Information to that party’s professional advisors who are bound by a duty of confidentiality at least as restrictive as set forth in this Agreement. This Section will survive termination of this Agreement for a period of two years.
User shall indemnify, defend and hold harmless Liti Capital from and against all claims, suits and actions brought against Liti Capital by a third party, and all resulting liabilities, damages, losses and costs awarded by a court or included as part of a final settlement (in addition to reasonable attorney’s fees and disbursements), arising from or relating to User’s use of the Services in a manner that breaches the terms and conditions of this Agreement or violates applicable laws or regulations.
Liti Capital reserves the right to discontinue Service at any time for any or no reason. If Liti Capital decides to discontinue Service, we will publicly announce our intention to do so providing a minimum of five days’ notice using public channels including our website, blog, and telegram group.
All right, title, and interest in and to the Buy and Hold program, Platform, Website, and any other source of Liti Capital intellectual property, including all modifications, improvements, adaptations, enhancements, or translations made thereto, and all proprietary rights therein, are and shall remain Liti Capital’s sole and exclusive property.
User may not (a) reverse engineer, dissemble, or decompile any part of the Services. User shall bear the risk of loss for, and assumes all liability arising from, any unauthorized or fraudulent usage of Services (or any hardware or software component thereof). In addition, User agrees not to (i) send or store malicious code in connection with the Services or otherwise interfere with or disrupt performance of the Services, (ii) use manual or automated tools to scan or probe the Services in order to determine vulnerabilities, or (iii) attempt to gain access to the Services or its related systems or networks in a manner inconsistent with the permitted use of the Service. Liti Capital reserves the right, but is not required, to take any and all action it deems appropriate, including, without limitation, blocking access to geographic areas or suspending access to Services (or any hardware or software component thereof), in order to prevent or terminate any fraud, abuse or illegal use of or activities in connection with the Services or any other breach of this section, provided, however, that any such action by Liti Capital shall be consistent with applicable laws, rules, and regulations.
Each party represents and warrants to the other party that it has the requisite power and authority to enter into this Agreement and to carry out all activities and transactions contemplated hereunder. Liti Capital warrants that Liti Capital will provide the Services in a professional and diligent manner and in accordance with applicable industry standards. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LITI CAPITAL SPECIFICALLY DISCLAIMS ALL LIABILITY AND OBLIGATIONS WITH RESPECT TO ANY THIRD-PARTY PROVIDERS. LITI CAPITAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE POTENTIAL MARKET FOR THE SERVICE OR THE AMOUNT OF NET REWARDS THAT MAY BE GENERATED HEREUNDER.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, LITI CAPITAL WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, AND / OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL LITI CAPITAL’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, EQUITY, NEGLIGENCE, TORT, OR OTHERWISE EXCEED THE NET REWARDS OR REVENUE PAID TO USER HEREUNDER DURING THE PERIOD ONE MONTH PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
Liti Capital has made no commitments or promises orally or in writing with respect to delivery of any future features or functions of the Services. In relation to any future features or functions, all presentations, request for proposal responses, and/or product roadmap documents, information or discussions, either prior to or following the entering into of this Agreement, are for informational purposes only, and Liti Capital shall have no obligation to provide any future releases or upgrades or any features, enhancements or functions, unless specifically agreed to in writing by both Parties. User acknowledges that no decisions are based upon any future features or functions of the Services.
Except as otherwise provided in this Agreement, all notices under this Agreement must be in writing and given by personal delivery, recognized national overnight courier service, or by registered or certified mail, return receipt requested. Notice given to Liti Capital must be delivered to: Liti Capital, 14 rue de l’Ancien Port, 1201 Geneva, Switzerland
Liti Capital may change the address to which notice must be delivered to it by providing notice of such updated address in accordance with this section.
Liti Capital may revise these Terms of Service from time to time and will post the most current version on its website. If a revision materially amends the Agreement, Liti Capital will notify User (by, for example, the Liti Capital Telegram group, posting on Liti Capital’s blog or on Liti Capital’s website). User agrees to review the Terms of Service from time to time. By continuing to use or access the Services after the revisions come into effect, User agrees to be bound by the revised Agreement.
Liti Capital shall be excused from any delay or failure in performance of this Agreement to the extent such delay or failure is caused by wildfire, flood, explosion, war, embargo, governmental requirement, civil or military authority, Act of God, or any other causes beyond its reasonable control. Any such delay or failure shall suspend Liti Capital’s obligations to perform under this Agreement until the cause for the delay or failure is removed.
No term or provision herein shall be waived, and no breach or default excused, unless such waiver or consent is in writing and signed by the Party to which it is attributed. No consent by a Party to, or waiver of, a breach or default by the other Party, whether expressed or implied, shall constitute a consent to or waiver of any subsequent breach or default.
If any provision of this Agreement shall be held to be invalid or unenforceable, the invalidity or unenforceability shall not invalidate this Agreement or render this Agreement unenforceable, but rather this Agreement shall be deemed modified to the least extent necessary to make it enforceable, and all other provisions of this Agreement will remain unaffected.
Liti Capital reserves the right to assign this Agreement without the prior written consent of the other Party.
This Agreement shall be interpreted, construed and enforced in accordance with the laws of Switzerland without regard to its conflict of laws principles. Jurisdiction and venue for any claim arising out of this Agreement shall be made in Geneva, Switzerland.
This Agreement constitutes the entire agreement between the Parties with respect to its subject matter, and supersedes all other agreements (express or implied), proposals, negotiations, representations or communications relating to the subject matter. Both Parties acknowledge that they have not been induced to enter this Agreement by any representations or promises not specifically stated in this Agreement. The protections of this Agreement will apply to actions of the parties performed in preparation for and anticipation of the execution of this Agreement. Except as provided above (i.e., via Liti Capital’s amendment to these Terms of Service from time to time) any amendment to this Agreement must be approved by Liti Capital in writing.