We are officially live. Restake ETH to receive ynETH.
Welcome to YieldNest's website, www.YieldNest.finance, including its subdomains, user interfaces, content, tools, features, and any other services provided by YieldNest on the website or through third-party sites. This also includes any live events or activities organized by YieldNest or its subsidiaries related to YieldNest products or services (referred to collectively as the “Website”). These Terms and Conditions govern your access to and use of the Website. Please read these Terms and Conditions carefully, as they include important information about your rights. By accessing and using our Website, you agree to comply with the following terms and conditions (“Terms and Conditions”). If you do not agree with or do not understand all of these Terms and Conditions, please do not use the Website.
For the purposes of these Terms and Conditions, "you" or "user" refers to individuals accessing or using the Website. If you use the Website on behalf of a company or any entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms and Conditions, and (b) you agree to these Terms on the entity’s behalf. "YieldNest" will be referred to as "us," or "we.” You may use the Website and its content for your personal, non-commercial use. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of the Website, is strictly prohibited unless authorized in writing by YieldNest.
Section 33 includes an arbitration clause and a waiver of class actions. By agreeing to these terms, you consent to resolving disputes related to the YieldNest’s Website and/or any other related matter as identified by YieldNest through binding individual arbitration as determined by YieldNest. This means you forfeit the right to have these disputes decided by a judge or jury and waive your participation in any and all class actions or representative actions. You retain the option to opt-out of the arbitration clause and class action waiver as detailed in Section 33 and in doing so, You agree that if you are not satisfied with the arbitration clause and our Website, your sole and exclusive remedy is to discontinue using the Website.
1. Use of Website
Eligibility: To use the Website, you must be at least 18 years old and not classified as a Prohibited Person. A Prohibited Person includes anyone subject to economic or trade sanctions by any governmental authority, listed on restricted parties lists, located in sanctioned jurisdictions, and/or associated with such individuals and/or entities. You are responsible for complying with all relevant laws in your jurisdiction. By using the Website, you confirm your eligibility and agree not to engage in any illegal activities or prohibited actions outlined in these Terms and Conditions or that of your jurisdiction. You acknowledge and agree that you are solely responsible for complying with all applicable laws of your jurisdiction. By using the Website, you represent and warrant that you meet these requirements and will not engage in any illegal activities or prohibited actions outlined in the Terms and Conditions and in your jurisdiction.
To use the Website, you acknowledge, accept and warrant to possess the necessary knowledge, sophistication, skills and experience in utilizing and assessing the materials and technology contained on the Website. You have conducted an independent investigation and analysis of YieldNest and other matters addressed in these Terms and Conditions, without relying on any statements, omissions, information, representations, or warranties, whether express or implied, written or oral, made by or on behalf of us. You further acknowledge that the Website and the information, comments, analysis or graphics provided by YieldNest is solely provided for educational and entertainment purposes and is not to be solely relied upon as your independent due diligence process. The Website is provided solely to aid your independent evaluation and research of YieldNest, and no warranty or representation is made regarding the accuracy or completeness of information on the websites.
2. Limitation of Liability
YieldNest makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your own risk. YieldNest will not be liable for any damages of any kind arising from the use of the Website including but not limited to direct, indirect, incidental, punitive, and consequential damages.
This limitation of liability applies to any claims for damages, whether based on contract, tort, strict liability, or any other legal theory, even if YieldNest has been advised of the possibility of such damages. Additionally, YieldNest, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, contributors, suppliers, consultants, advisors, or contractors shall not be liable for any incidental, indirect, special, punitive, consequential, or similar damages or liabilities arising from the Website, its performance or non-performance, or any other product, service, or item provided by or on behalf of YieldNest and its affiliates. This includes damages for loss of data, information, revenue, profits, or other business or financial benefits.
You acknowledge and agree that by the continued use of the Website, the above limitation of liability is a reasonable and acceptable allocation of risk as a User of the Website. You agree that if you are not satisfied with the Website, your sole and exclusive remedy is to discontinue using the Website.
By using the Website, you acknowledge, agree and accept that you have sufficient knowledge and experience in any and all matters required to diligently use the Website, including but not limited to an extensive understanding of blockchain technologies, cryptocurrencies, digital assets and storage mechanisms.
You acknowledge, agree and accept that by having said knowledge and experience you will be able to assess and evaluate the risks and benefits of the Website and accept any and all risks that may be associated with the Website, including but not limited to loss of all amounts paid or stored, and the risk that the cryptocurrencies and other digital assets may have little or no value. You acknowledge, agree and accept that there are risks associated with purchasing and holding cryptocurrency and using blockchain technology. These include, but are not limited to, risk of losing access to cryptocurrency or digital assets due to slashing, loss of private key(s), custodial error or purchaser or user error, risk of mining, staking, or blockchain-related attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to taxation, risk of personal information disclosure, risk of uninsured losses, volatility risks, and unanticipated risks.
You acknowledge, understand, agree, and accept the functionalities and operations of smart contracts including but not limited to the automatic processes based on predefined conditions that cannot be reversed once executed on a public blockchain. You are responsible for ensuring the accuracy and completeness of any and all interactions and transactions when interacting with smart contracts including but not limited to vulnerabilities in smart contract programming or design, security incidents such as hacking, may lead to adverse effects on digital assets, including significant volatility and risk of loss or any other matter that may arise with User interactions.
Furthermore, you acknowledge the inherent risks associated with using public blockchains and blockchain technology and understand that there is no guarantee of the uninterrupted availability of such technology, and it may be susceptible to errors, hacking, or other security risks. Further you accept and understand that the blockchain technology may undergo sudden changes in operating rules, including but not limited to forks, and it is your responsibility to stay informed about any upcoming changes.
YieldNest shall not be liable for any errors, interruptions, disruptions, or delays, nor for any loss or damages incurred by Users as a result of using the Website. Users acknowledge that they use the Website at their own risk.
3. Legal Advice Disclaimer
The information provided on the Website, including but not limited to content produced by YieldNest, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, contributors, suppliers, consultants, advisors, or contractors, is provided for general informational purposes only and should not be considered legal advice. The content presented on this Website is intended for educational and informational purposes and should not be construed as professional legal advice.
The Website is designed to offer general information about YieldNest and the services it provides. The information contained on the Website is not intended to constitute legal advice and should not be relied upon as such. Should you have a specific legal issue or inquiry, it is imperative that you seek the advice of a qualified attorney or registered lawyer. Nothing found on the Website should be interpreted as establishing an attorney-client relationship between you and YieldNest.
The information provided on this Website does not constitute a solicitation, an offer of legal representation, or an establishment of an attorney-client relationship. It is not a substitute for personalized legal advice from an attorney or lawyer who is well-versed in the particulars of your situation.
The legal information presented may not be up to date with the latest legal developments or alterations in laws and regulations. Legal standards vary from jurisdiction to jurisdiction, and the application of the law depends on individual circumstances. Thus, you should not act or abstain from acting based solely on the information provided on this Website without first seeking the guidance of competent legal counsel.
We make no assurances regarding the accuracy, completeness, or reliability of the information available on this Website. Under no circumstances shall we be held liable for any loss or damage, including but not limited to indirect or consequential loss or damage, arising from the use of this website or reliance on the information provided herein.
We strongly advise conducting independent research and seeking the counsel of a licensed attorney or lawyer in your jurisdiction to obtain advice tailored to your specific legal circumstances.
4. Financial and Investment Advice Disclaimer
The information provided on this Website is intended for general informational and educational purposes only and is not intended as financial, investment, blockchain, or cryptocurrency advice. YieldNest is not acting as your broker, intermediary, agent, or advisor. We do not assume a fiduciary relationship or obligation to you regarding any trades, decisions, or activities made by you using the Website. The content presented on this Website is for educational and informational purposes and should not be construed as professional financial, investment, blockchain, or cryptocurrency advice.
It is important to note that the content on this Website does not take into account your individual financial situation, needs, goals, or risk tolerance, particularly in the context of blockchain and cryptocurrency investments. These investments are highly speculative and involve substantial risks, including the risk of loss of all capital invested. Prior to making any financial decisions, especially those involving blockchain or cryptocurrency investments, you should seek the guidance of a qualified financial advisor or professional with expertise in these areas. Any reliance you place on the information provided on this Website is done at your own risk.
YieldNest does not endorse or recommend any specific blockchain projects, cryptocurrencies, tokens, investments, strategies, or services mentioned on this Website. While the information provided is based on sources believed to be accurate and reliable, we do not guarantee its accuracy or completeness, particularly in the rapidly evolving and volatile blockchain and cryptocurrency markets.
Under no circumstances shall we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, arising from the use of this Website or reliance on the information provided, particularly in relation to blockchain and cryptocurrency investments.
It is always advisable to conduct your own research, exercise caution, and consult with a licensed professional, particularly one with expertise in blockchain and cryptocurrency matters, before making any decisions relating to financial matters, blockchain or cryptocurrency investments.
5.Taxes
The User explicitly acknowledges, understands, and agrees that all matters concerning taxation, encompassing the determination, calculation, reporting, and payment of taxes arising from the User's utilization of the Website, whether direct or indirect, are solely the User's responsibility. By utilizing the Website, the User indemnifies YieldNest and assumes full responsibility for complying with all applicable tax laws, regulations, rules, and obligations imposed by the relevant tax authorities in the User’s respective jurisdiction(s), where the User resides, conducts business, or engages in activities related to the Website.
YieldNest expressly disclaims providing tax advice, tax planning, or tax preparation services. Any information provided by YieldNest regarding taxation matters is solely for general informational purposes and should not be construed as professional tax advice. The User is encouraged to consult with a qualified tax advisor or tax professional regarding their specific tax situation, including the potential tax implications of their use of the Website.
The User agrees to indemnify, defend, and hold harmless YieldNest, its affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including but not limited to attorney fees and court costs) arising out of or in connection with any failure by the User to comply with their tax obligations, including any failure to accurately report or pay taxes related to their use of the Website.
YieldNest makes no representations or warranties regarding the tax treatment of any transactions or activities conducted by the User through the use of the Website. The User acknowledges that tax laws and regulations may vary by jurisdiction and change over time, and that YieldNest has no control over such changes. The User assumes all risks and responsibilities associated with taxation matters arising from their use of the Website.
The User agrees that this clause shall survive the termination or expiration of their agreement with YieldNest and shall continue to apply indefinitely thereafter. This clause constitutes a material provision of the Terms and Conditions between the User and YieldNest, and any waiver, modification, or amendment thereof may be made by YieldNest at its sole discretion.
6. User Registration
In order to access designated functionalities of the Website, the establishment of a user account or linkage of a digital wallet may be necessitated. By engaging in this process, you hereby undertake, acknowledge, and accept that the onus falls upon the user to furnish precise, comprehensive, and contemporaneous details during the registration or digital wallet connection procedure, and commit to maintaining the accuracy of the users account particulars over time.
7. User Conduct
You agree not to engage in any conduct that violates these Terms and Conditions, including but not limited to:
-Downloading, modifying, copying, distributing, or selling any information from the Website.
-Using or removing any copyright, trademark, or other proprietary notation displayed on the Website.
-Using unauthorized software to modify the Website or disrupt their functionality.
-Overloading or damaging the Website or interfering with others' access or use.
-Circumventing or tampering with any security measures or content protections.
-Employing automated tools to extract or collect data from the Website.
-Introducing malware or harmful materials into our systems.
-Posting inaccurate, unlawful, or objectionable content.
-Violating any laws or regulations related to the Website.
-Misusing the Website for any unauthorized purpose.
-Posting illegal, harmful, defamatory, or infringing content.
-Pretending to be someone else or misrepresenting your affiliation.
-Disrupting conversations or spamming the website with excessive content.
9. Third-Party
Our Website may display, include, or make available services, content, data, information, applications, or materials from third parties or provide links to third-party websites not owned or controlled by YieldNest. We do not have control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.
YieldNest does not endorse any third-party services and materials. Your access and use of such third-party services and materials are governed solely by their respective terms and conditions. We are not responsible or liable for any aspect of these third-party services and materials, including their content or data handling practices.
We do not examine or evaluate the content, accuracy, completeness, availability, legality, or quality of third-party services and materials. By using these services and materials, you waive any claims against YieldNest.
We are not liable for any damage or loss caused by or in connection with your use of third-party services and materials or your reliance on their privacy practices. Third-party services and materials are provided solely as a convenience to you.
References to third-party products, services, or websites on the website do not imply endorsement or recommendation by YieldNest. The inclusion of such references is for informational purposes only.
10. Ownership - DAO & Decentralization
The Website and its content, including but not limited to text, graphics, logos, images, and software, is the property of YieldNest and is protected by intellectual property laws.
The User acknowledges and agrees that ownership of any YieldNest asset, including but not limited to intellectual property, codebase, and operational infrastructure, shall ultimately reside with the decentralized autonomous organization (“DAO”) established for this purpose. It is understood, accepted and agreed by the User that the DAO is not formed at this particular point in time, however upon the establishment of the DAO, a suitable token will be launched to govern the DAO. User further recognizes that the transition to decentralization entails the transfer of ownership rights and responsibilities to the DAO, which shall govern and manage these assets in accordance with its established protocols and governance mechanisms. By participating in any capacity within the YieldNest ecosystem, users acknowledge and accept the overarching principle of decentralization and agree to abide by the decisions and directives of the DAO with respect to asset ownership and governance.
11. Electronic Communications
By using the Website, you consent to receive electronic communications from us, including emails, notifications, and other messages.
12. User Feedback and Suggestions
Any feedback, suggestions, bug reports, comments, or ideas you provide regarding the Website or YieldNest ("Feedback") shall become the sole property of YieldNest. You acknowledge and agree that providing Feedback does not grant you any rights in the Website or Feedback. YieldNest may use, reproduce, disclose, publish, or distribute Feedback for any purpose without compensation to you.
You hereby assign to YieldNest all rights, title, and interest, including intellectual property rights, in and to any Feedback. YieldNest may use and disclose Feedback in any manner and for any purpose without further notice or compensation to you.
13. Accessibility
Your access and use of the Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of software or equipment, periodic updating, maintenance or repair of the Website or other actions that YieldNest, in its sole discretion, may elect to take.
14. Force Majeure
YieldNest shall not be liable for any failure to perform any obligation under this agreement or fulfill any duty contemplated hereby if such failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, epidemic, pandemic, governmental actions, disruptions or malfunctions of the Internet or other relevant electronic networks, blockchains, smart contracts, consensus attacks, hacks, denial-of-service attacks, or other similar events affecting the functionality of the foregoing or any related infrastructure. In the event of such occurrences, YieldNest shall make commercially reasonable efforts to resume performance as soon as reasonably practicable under the circumstances.
15. Geographic Limitations and Prohibited Jurisdictions
The Website will only be available in certain geographic regions. Users are prohibited from accessing or using the Website from jurisdictions where such use is restricted or prohibited by applicable laws and regulations. It is the responsibility of the User to ensure compliance with local laws and regulations before accessing or using our services. The use of our Website in any jurisdiction where such activities are deemed illegal is strictly forbidden.
The User agrees not to access or use our Website from jurisdictions where such use is prohibited.
16. Anti-Spam Policy
You agree not to use contact information obtained from the website for unsolicited communications or spamming. Violation of this policy may result in legal action.
17. Testimonials and Endorsements
Any testimonials or endorsements featured on the website do not constitute a guarantee, warranty, or prediction regarding the outcome of using the Website. Individual user experiences may vary.
18. Changes to the Terms and Conditions
YieldNest retains the discretion to amend these Terms and Conditions at its sole discretion and without prior notice. Your ongoing use of the Website subsequent to any revisions to these Terms and Conditions shall signify your acceptance of the updated terms.
YieldNest further reserves the prerogative to alter or cease, temporarily or permanently, any aspect of the Website, including but not limited to User accounts, with or without advance notification. You acknowledge and agree that YieldNest shall bear no liability to you or any third party for any such adjustments, interruptions, or terminations of the Service.
19. Governing Law
These Terms and Conditions shall be governed by the rules and stipulations set forth by the YieldNest DAO. All legal matters and disputes arising from these Terms and Conditions shall be exclusively subject to the jurisdiction and governance of the YieldNest DAO.
20. Intellectual Property
The content of this website, including but not limited to text, graphics, logos, images, and software, is the property of YieldNest or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may access and view the content solely for your personal, non-commercial use. You may not modify, reproduce, distribute, display, create derivative works, or otherwise use the content of this website for commercial purposes without the express written consent of YieldNest.
By using this website, you acknowledge and agree that any unauthorized use may cause YieldNest to suffer irreparable harm, for which monetary damages may not be an adequate remedy, and that YieldNest shall be entitled to seek injunctive relief in addition to any other remedies available to it.
The names and logos of YieldNest and its affiliates, and any other product or service names, logos, or slogans that appear on this website, are trademarks of YieldNest or its licensors and may not be used without their express written permission. Any questions or concerns regarding the use of the intellectual property on this website should be directed to YieldNest at media@yieldnest.finance.
21. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact YieldNest at media@yieldnest.finance.
22. YieldNest Seeds Program
By participating in any programs promoted by YieldNest or accessed through the Website, including but not limited to the 'YieldNest Seeds Program' or any similar initiatives involving the acquisition of ‘Seeds’ (collectively referred to as "Programs"), the User acknowledges, understands, and agrees to the terms outlined herein. The User accepts that these Programs are designed for measuring participation and/or engagement with the educational content provided by the Website.
The User further acknowledges that Seeds, as determined by YieldNest or the Website from time to time, are non-transferable, do not constitute financial instruments, and are not collateralizable as financial securities. The User acknowledges and agrees that participation in the Program does not constitute a promise, guarantee, or obligation by YieldNest to convert ‘Seeds’ into any financial instrument and/or financial security.
The User explicitly agrees that participation in these Programs and the acquisition of Seeds entail inherent risks and uncertainties, with no guarantees regarding the future value, utility, or functionality of Seeds. The User also agrees to indemnify and hold harmless YieldNest and its affiliates from any claims or liabilities arising from their participation in the Programs or misuse of Seeds. By utilizing the Website, the User indemnifies YieldNest and assumes full responsibility for complying with all applicable laws, regulations, rules, and obligations imposed by the relevant competent authorities with regard to the regulatory treatment of Program and Seeds in the User’s respective jurisdiction(s), where the User resides, conducts business, or engages in activities related to the Website.
23. Privacy Policy
YieldNest values the privacy of its Users and visitors to the Website, and is committed to protecting the information that is collected through the Website. The YieldNest Privacy Policy explains how YieldNest collects, uses, and safeguards the information that is provided to us through the Website. YieldNest may update this Privacy Policy from time to time to reflect changes in the law or the Website. The updated Privacy Policy will be posted on the Website and the date of the latest revision will be indicated.
24. Cookies
YieldNest utilizes cookies to enhance the browsing experience of User. Cookies, which are small text files, are stored on the User's device by the Website. These cookies facilitate the tracking of website usage patterns, preferences, and contribute to providing a personalized user experience.
By using the Website, User acknowledges and consents to the use of cookies in accordance with this clause. However, users retain the option to block or delete cookies from the website through their browser settings. It is important to note that such actions may impact the functionality and usability of the website.
In addition to cookies, YieldNest also utilizes similar technologies to improve user experience and gather relevant information pertaining to user interactions with the website. Users maintain the ability to manage their cookie preferences through their browser settings.
By continuing to use the Website, users agree to the terms outlined in this clause regarding cookie usage and similar technologies.
25. Information Collection and Use
YieldNest may collect personal information, such as name, address, telephone number, and email address, when it is voluntarily provided by the website visitor. This information is collected through online forms, such as contact forms or consultation request forms. The information provided will be used to respond to inquiries, provide requested services, and improve the website.
YieldNest collects information through the Website for the purpose of enhancing user experience, providing requested services, and ensuring legal compliance. By accessing and utilizing the Website, you acknowledge and consent to YieldNest’s use of your information.
The information collected through the Website may be utilized for any purposes that YieldNest may deem suitable including but not limited to the following:
Responding to Inquiries and Providing Requested Services: We may use the information to address inquiries and fulfill services requested by users.
Improving Functionality and Usability: Collected data aids in enhancing the functionality and usability of the website for a better user experience.
Disseminating Updates and News: Users may receive updates and news about YieldNest and its services to stay informed.
Ensuring Legal Compliance: We may utilize the information to comply with legal requirements and obligations imposed by relevant authorities.
Scope of Information Use:The information collected about you, including any Personal Information, may be used for any purposes that YieldNest may deem suitable including but not limited to the following:
Presentation of Website Content: We utilize collected data to present website content and features tailored to user preferences.
Provision of Requested Information and Services: Information provided by users enables us to deliver requested information and services effectively.
Notification of Changes: Users are notified about changes to the website's terms, services, or policies to maintain transparency.
Facilitation of Interactive Features: Collected data facilitates interactive features and user engagement for an enriched experience.
Research and Development: Data analysis aids in research, product development, and improving user experience.
Marketing and Communication: Personalized marketing and communications about services and updates are provided through various channels.
Claims Resolution and Compliance: Information may be used to investigate claims, resolve disputes, and ensure compliance with legal requirements.
Non-Marketing Communications: Users are informed about non-marketing communications or policy updates for transparency.
By providing your information and using the website, you consent to the aforementioned purposes of data use. YieldNest shall notify users and obtain consent if there is a need to utilize Personal Information for new or additional purposes not previously disclosed.
Users acknowledge and accept the inherent risks associated with providing information online and waive any claims against YieldNest arising from the use of such information.
Users agree to indemnify and hold harmless YieldNest, its affiliates, directors, officers, employees, agents, and representatives from any claims, liabilities, damages, losses, costs, and expenses arising from the use of information provided by users or resulting from the services provided by YieldNest.
By continuing to use the Website, you acknowledge and agree to the terms outlined in this Data Use and Information Collection Clause.
26. Information Sharing and Disclosure
YieldNest will not sell, trade, or otherwise share the personal information that is collected through the website with any third parties, except as required by law or to provide requested services. In the event that the Website is required to comply with any applicable jurisdiction due to server or data transfers as required by law, the User consents to such information being shared and disclosed.
27. Data Security
YieldNest takes appropriate measures to protect the personal information that is collected through the website. These measures include technical, physical, and administrative controls to prevent unauthorized access, use, or disclosure of the information.
28. Data Retention
YieldNest will retain the personal information that is collected through the website for as long as it is necessary to fulfill the purposes for which it was collected.
29. Disclaimer
The information provided on this Website is intended for general informational and educational purposes only and should not be considered as legal, investment or financial advice. While we strive to maintain the accuracy and timeliness of the information, we make no express or implied representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of the content, products, services, or related graphics on this Website. Any reliance you place on such information is done at your own discretion and risk.
We do not control all activity and data on the Website itself, nor do we take possession, custody, or control over any digital assets on the Website. You acknowledge and agree that we make no representations and warranties with respect to the Website. While we attempt to be as accurate as we can in our Documentation, we do not warrant that the Documentation is accurate, complete, reliable, current, or error-free.
In no event shall YieldNest be liable for any loss or damage, including but not limited to indirect, consequential, or incidental loss or damage, arising from the use of this website. This includes loss of digital assets or data arising out of, or in connection with, the use of this website.
Your access to and use of the Website and any Products or services associated with YieldNest is entirely at your own risk.
You understand and agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, YieldNest, its parent, subsidiaries, affiliates, related companies, service providers, and its and their officers, directors, employees, consultants, advisors, agents, representatives, partners, and licensors (the “YieldNest Personnel”) disclaim all warranties and conditions, whether express, implied or statutory, including without limitation any warranties relating to title, merchantability, fitness for a particular purpose, non-infringement, usage, quality, performance, suitability or fitness of the services and the protocol for any particular purpose, or as to the accuracy, quality, sequence, reliability, workmanship or technical coding thereof, or the absence of any defects therein whether latent or patent.
YieldNest Personnel make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Website and any associated products or services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or any associated products or services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Website or any associated product or services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) whether the Website or any associated products or services will protect your assets from theft, hacking, cyber attack, or other form of loss caused by third-party conduct. Nothing contained in the Website constitutes, or is meant to constitute, financial, legal, or other professional advice of any kind. If you require advice in relation to any financial, legal, or other professional matter you should consult the appropriate professional. No advice or information, whether oral or written, obtained from YieldNest Personnel or through the Website or associated services or products, will create any warranty or representation not expressly made herein.
Furthermore, this website may include links to other websites over which we have no control. The inclusion of these links does not necessarily imply a recommendation or endorsement of the views expressed within them. Although we make every effort to keep this website up and running smoothly, YieldNest assumes no responsibility and shall not be liable for any temporary unavailability of the Website due to technical issues beyond our control.
This disclaimer constitutes an essential part of the terms and conditions governing this Website. By accessing and using this Website, you acknowledge and agree to be bound by the terms of this disclaimer. This disclaimer is governed by and construed in accordance with the laws of the jurisdiction stipulated by YieldNest If any provisions of this disclaimer are found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
30. User-Generated Content
Yieldnest takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Website.
You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which the Yieldnest will be responsible for.
Users may have the opportunity to submit, post, or upload content to the Website, including but not limited to comments, reviews, and forum posts. By submitting content, users grant YieldNest a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.
31. Termination of Access
YieldNest reserves the right to suspend, restrict, or terminate a user's access to the website at its sole discretion, without notice, for any reason including, but not limited to, a violation of these terms or engaging in behavior deemed inappropriate or harmful.
32. Indemnification
Users agree to indemnify, defend, and hold harmless YieldNest, its affiliates, employees, and agents from and against any claims, losses, damages, liabilities, and expenses arising out of or related to their use of the website, violation of these terms, or any infringement of third-party rights.
33. Dispute Resolution
Any disagreements arising from or pertaining to the Terms and Conditions, the Website, or associated content shall be settled through arbitration as designated by YieldNest DAO.
By utilizing the Website, you expressly agree to resolve disputes concerning YieldNest's Website and/or any other relevant matters as determined by YieldNest through binding individual arbitration. This entails relinquishing the right to have such disputes adjudicated by a judge or jury and waiving participation in class actions or representative actions. This arbitration agreement is intended to be interpreted broadly, encompassing any claims or controversies arising from or relating to the Website or any aspect thereof. The arbitration proceedings shall be conducted in the English language and held in a mutually agreed-upon location or online. The arbitrator's decision shall be final and binding upon both parties and may be enforced in any court of competent jurisdiction.
You acknowledge and agree that by accepting these Terms and Conditions and using the Website, you are waiving your right to bring any claim in court, including as part of a class action lawsuit. If you do not agree to this arbitration provision, you may choose to opt out by ceasing to use the Website.
You acknowledge that if you are dissatisfied with this provision or our Website, products, and/or services, your sole recourse is to discontinue usage of the Website and our products and/or services.
