To access the Platform or use the Service, You must be at least 18 years of age. By accessing the Platform and the Service, thereby agreeing to these Terms of Service, You represent that You are at least 18 years of age and/ or the age of majority in your state or province of residence, whichever is older. To participate in the Affiliate Program, You must be at least 18 years of age.

You may only use the Service and access the Platform as expressly permitted by these Terms. All rights not expressly granted to You are reserved by YM.

YM provides blockchain and decentralized finance (DeFi) related asset data, figures, information, writings, predictions, trade volume, order book, APR/Y reporting, historical data, and other content through the Service via the Platform (collectively, the “Content”). You acknowledge that YM and/or its providers own the copyright, patent, and/or trademark in and to all Content under the laws of the United States and other countries and have reserved all rights in and to such Content.

You acknowledge that the Service has been developed, compiled, prepared, revised, selected, developed, and applied through the expenditure of substantial time, effort, and investment by YM. Subject to compliance with these Terms, YM grants You a limited, revocable, non-exclusive, non-sub-licensable and non-transferable license to use the Service. You agree not to use the Service or any of the Content for any commercial purpose unless otherwise agreed to in advance in writing by YM. You have no other rights to the Service or any Content, and You may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or Content in any manner.

If You breach any of these Terms, the above license will terminate automatically, and YM reserves all additional rights at law and in equity.

You shall not:

• Copy, modify or create derivative works of the Service, the Platform, or any Content;
• Copy, manipulate or aggregate any Content (including data) for the purpose of making it available to any third party unless otherwise agreed to in writing by YM;
• Trade, sell, rent, loan, lease or license Your access to the Service, whether commercially or free of charge;
• Use any data mining, crawling, “scraping”, robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor, or copy any portion of the Platform or data provided by the Service unless expressly authorized by YM in writing;
• Make excessive requests for information or take any action that interferes with, disrupts, or imposes an undue burden on the Platform, or any server or network connected to the Service or negatively affects the quality or availability of the Service;
• Introduce a virus, Trojan horse, worm, time bomb or other malware to the Platform or use any device, software, or routine to bypass any software or hardware that prohibits volume requests for information;
• Violate, bypass, or circumvent any security measure intended to limit or prevent access to the Platform or Service; or otherwise attempt to gain unauthorized access to the Service, Platform, Content or to any computer systems or networks connected to the Service or any YM server, whether through hacking, password mining, unauthorized use of another’s password/credentials or any other means;
• Restrict, inhibit, or interfere with use of the Service by any other user (including by hacking or defacing the Platform);
• Introduce or otherwise distribute through the Platform any computer program that damages, interferes with, intercepts, collects, releases, or discloses any of YM’s systems, data, or the personal information of any third party;
• Use the YM trademarks, service marks, trade names or logos;
• Violate any of the terms of the Affiliate Program, if you have been accepted to participate;
• Modify or remove any copyright, patent, trademark, or other proprietary notice in the Content; or
• Use the Platform, Content or Services for or in connection with any activity that:
  • (i) violates any law, statute, ordinance, or regulation, including without limitation, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), or
  • (ii) involves proceeds of any unlawful or illegal activity.

You control the digital currencies held in Your private cryptocurrency wallet(s). You acknowledge that YM has no access — or ability to access — to Your private keys and that YM cannot manage Your funds at any time.

Prices for the Services and access to the Platform are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or Content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

We reserve the right, but are not obligated, to limit the sales of the Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of individuals who can access the Services that We offer. We reserve the right to modify, change, or discontinue any Services and/or the Platform at any time. Any offer for any Service made on this site is void where prohibited.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact You as needed.

We reserve the right to refuse any purchase You make with Us. We may, in our sole discretion, limit, restrict, or cancel orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that We make a change to or cancel a purchase, We may attempt to notify You by contacting the email and/or billing address or phone number provided at the time the order was made.

Terms related to Affiliate Program payments and transactions shall be incorporated herein by reference.

YM bills for the Service in advance on a monthly basis. Each month, You will be automatically billed for an additional subscription term of 30 days (unless paying annually, at which point renewals will be made on an annual basis). You can cancel your subscription at any time.

If you do not wish your subscription to auto-renew, you must deactivate your subscription account before the next billing date by accessing your YM account billing information and making the necessary changes within your account. All payments are non-refundable as of the date of payment. YM does not provide refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months on annual subscriptions.

Any plans, offers, and prices may be modified or cancelled at any time.

All User preferences, saved content, and dashboards will be deleted from the Service upon cancellation. This information cannot be recovered once an account is cancelled.

Certain Content available via our Service may include materials from third parties which are not affiliated with Us. We may link to these third-party websites and tools, which We neither monitor nor have any control nor input over. Links, reference to, or mention of any companies, blockchains, investment platforms, wallets, cryptocurrency assets, NFTs, products, services, tools, processes, or other educational or informational content, by trade name, trademark, supplier, web address, or otherwise does not constitute or imply YM’s endorsement, sponsorship, or recommendation.

You acknowledge and agree that We provide access to such links and tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of all links to third-party websites is at Your own risk. Our terms and policies do not govern Your use of third-party websites, nor do We monitor third-party websites. To the extent such links are provided on the Platform, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, sponsorship of, or affiliation with, such third-party website(s). You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

You may place one or more links to the Service (collectively, the “Link”) on Your own website (“Your Site”), provided that Your Site does not create the false impression that you, Your Site or any other website, service, person, or entity is associated with, sponsored by, partnered with, or otherwise endorsed by YM. Any text, graphics, videos, audio, or other communications You make related to YM may not be misleading or intended to cause consumer confusion.

The Service, Platform, and Content is owned or controlled by YM. Nothing contained in these Terms grants You any interest in, or right to, any of YM’s or any third-party’s intellectual property. Subject to the terms of this Agreement, You may view and use the Content provided by the Services through the Platform for Your own personal use. You may not, and shall not, copy, reproduce, download, “screen scrape”, store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use exploit any information related to the Services, the Platform, or the Content, in whole or in part, in any way that does not comply with these Terms without YM’s prior written permission.

YM, its logo, and all of YM’s product or service names or slogans displayed in connection with the Service are trademarks of YM (the “YM Marks”). You may not copy, imitate, or use the YM Marks, in whole or in part, without the prior written permission of YM. The look and feel of the Service, including all colors, designs, interfaced, page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of YM and may not be copied, imitated, or used, in whole or in part, without the prior written permission of YM. All other trademarks, company names, or logos mentioned in the Service are the property of their respective third-party owners.

You acknowledge and agree that Your infringing use of Intellectual Property would cause immediate and irreparable harm to YM, for which monetary damages would not be sufficient, and that, in addition to all other remedies available to YM at law or in equity, YM shall be entitled to seek injunctive relief without proof of damages or the posting of bond or other security in the event of such a breach or threatened breach.

Use of the YM Marks and any associated Intellectual Property in relation to affiliate marketing shall be governed by the Affiliate Program Terms and Conditions and are incorporated herein by reference.

If You send or transmit any communication, including but not limited to feedback, questions, comments, or suggestions to YM, whether by letter, email, telephone, Telegram, WhatsApp, Discord Message, in-app messaging, other form of direct message, or otherwise (collectively, “Feedback”), all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign to YM all right, title, and interest in any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to enhancing the Service or Platforms or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback, without any attribution or compensation to you. You also understand and agree that YM is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform or provision of the Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback.

This section does not apply to Personally Identifiable Information (“PII”), which is governed by the terms of our Privacy Policy.

THE CONTENT ON THE SERVICE IS STRICTLY FOR INFORMATIONAL PURPOSES. NOTHING ON THE PLATFORM OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY YM OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY YM. CONTENT ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. THE SERVICES, PLATFORM, AND CONTENT SHOULD BE USED AS A TOOL IN A WIDER TOOLKIT OF DATA-DRIVEN PRODUCTS AND SERVICES FOR CRYPTOCURRENCY INVESTORS AND DEVELOPERS. YOU ASSUME ALL RISK OF DAMAGE OR LOSS RESULTING FROM THE USE OF THE PLATFORM, THE SERVICES, AND THE CONTENT.

NO CONTENT IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. YM EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. YM DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. YOU AGREE THAT THE PLATFORM, SERVICES, AND CONTENT SHOULD BE USED AS PART OF A LARGER DEFI DATA TOOLKIT.

CONTENT MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF YM.

THE CONTENT IS “AS-IS,” AND MAY INCLUDE INACCURACIES OR ERRORS. YM DOES NOT REVIEW ALL CONTENT FOR ACCURACY, COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY, OR INTEGRITY OF THE PLATFORM, SERVICE OR ANY CONTENT, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SERVICE, PLATFORM, OR THE CONTENT. YM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE PLATFORM, SERVICE, AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YM MAKES NO REPRESENTATIONS THAT THE PLATFORM, SERVICE, AND CONTENT WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM, OR OTHER DATA OR INFORMATION. YM DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS PLATFORM, SERVICE, CONTENT, YM’S SERVERS, DATABASE, API, OR ANY EMAIL SENT FROM YM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY PLATFORM, SERVICE, AND CONTENT; (II) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSS OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE PLATFORM OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, SERVICE, OR CONTENT BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN THE PLATFORM, SERVICE, OR CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM OR SERVICE; AND/OR (VII) THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY USING THE PLATFORM.

IN NO EVENT SHALL YOU HOLD YM (AND ITS RESPECTIVE OFFICERS, FOUNDERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE PLATFORM, SERVICE, OR CONTENT OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE PLATFORM, SERVICE, OR CONTENT; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, THIRD PARTY SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM, SERVICE, OR CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE PLATFORM, SERVICE, OR CONTENT WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF YM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to those actual damages directly related to the breach of this Agreement.

YM will strive to ensure accuracy of Content provided through the Service or on the Platforms. However, YM provides all information “as is.”

YM has no influence or control over blockchain mainnets, protocols, or smart contracts. YM has no influence over the actions or errors of neither mainnets, mainnet developers, nor individual DeFi platforms, their contracts, underlying code, or their developers. The ongoing availability and accuracy of Content relies on existing or future smart contract integrations with both the blockchain mainnets and each individual DeFi product and team building upon those mainnets. Any technical failures or unforeseen updates to the blockchain and/or the smart contracts could impact YM’s ability to accurately report chain/price data, for which You will hold YM harmless.

YM does not own or control the underlying software protocols which govern the operation of blockchains or cryptocurrencies supported or tracked by the platform. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols, and We are not able to guarantee the functionality or security of network operations. Additionally, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of the cryptocurrency You own and store in Your private wallet. YM does not control the timing and features of these possible operating changes, and You shall hold YM harmless for the foregoing.

You agree to hold YM harmless for any missing, delayed, or incorrect Content or other information available on the Platforms or through the Services, as well as any missing, delayed, or incorrect Content or other information linked to or referenced by YM. You understand that You are using any and all information available here at Your own risk.

YOU MUST make yourself aware of upcoming software, operating, smart contract, or protocol changes and You agree to carefully consider publicly available information in determining whether to continue owning, holding, or investing in a particular cryptocurrency.

The information provided on this website does not constitute investment advice, financial advice, trading advice, or any other sort of advice. YM is not recommending that You purchase, sell, or hold any cryptocurrency. You agree to conduct extensive research into the legitimacy of each individual cryptocurrency before making any investment decisions. You acknowledge digital currencies are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation (FDIC) or the Securities Investor Protection Corporation. Cryptocurrency may be vulnerable to attacks on its security, integrity, or operation, including attacks using computing power sufficient to overwhelm the normal operation of the cryptocurrency’s blockchain or other underlying technology. You understand that some blockchain or DeFi related projects can change their tokenomics at will, without warning. Those changes can impact the value, functionality, or future operations of said blockchain or DeFi platform. Conduct Your own due diligence and consult Your financial advisor before making any investment decisions, and You should use the Services, Platform, and Content as part of a larger DeFi data toolkit.

The Platform, Service, and Content are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects and without warranty of merchantability and/ or any other warranty of any kind. Neither YM nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, Content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or Content provided through the Service; or (iv) that the Service, its servers, the Content, or e-mails sent from or on behalf of YM are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical Content. Historical Content, necessarily, is not current and is provided for your reference only. We reserve the right to modify Content at any time, but We have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

To the maximum extent permitted under applicable law, YM, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, YM provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

You should use the Platform and the Services as part of a wider DeFi data toolkit.

Except to the extent prohibited under applicable law, You shall indemnify, defend and hold harmless YM and its members, managers, directors, officers, founders, advisors, investors, employees, partners, consultants, contractors, service providers, agents, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties, whether threatened or actual, and all losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of, relating to or in connection with: (i) Your use (or misuse) of and access to the Platform, Service, and Content; (ii) Your violation of any of these Terms; (iii) Your violation of any applicable law, rule or regulation; (d) any claim that any information provided by You to YM in connection with the Platform, including the Content, caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (iv) any dispute that You have with any third party relating to or in connection with the Service or Content. YM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event You will fully cooperate with YM in asserting any available defenses and in the conduct of such defense.

At any time and in YM’s sole discretion, YM may (in whole or in part) modify, suspend, or discontinue the Service and/or modify the Platform and any Content without notice. YM may change or remove particular blockchains, tokens, or Smart Contracts at any time without notice. You shall not hold YM liable for the effects of any such modification, suspension, or discontinuance of the Services or Platform.

If You violate these Terms, YM may, at our sole discretion, suspend, terminate, or block Your access to the Platform and all Services (in whole or in part) without notice and with no refund. The remedies available to YM in these Terms are cumulative and in addition to any others available to YM.

Account termination may be requested at any time. However, all user fees are due upon receipt, and no refunds will be issued for any reason.

YM reserves the right to report any activity, data, or persons to, and otherwise cooperate with: (i) law enforcement authorities; (ii) financial regulators, including the U.S. Securities and Exchange Commission (SEC); (iii) system administrators at Internet service providers, networks, or computing facilities; and (iv) providers and/or third-party vendors if We suspect that You have violated these Terms or any law, rule, or regulation. You acknowledge that such reporting or cooperation may include, without limitation, providing information relating to You and/or Your use of the Service, including without limitation Your email address, IP address or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors, or system administrators. Further, We may disclose any information We think necessary to comply with applicable law, regulation, subpoena, or other legal process or governmental or regulatory request.

These Terms (and any other terms or agreements referenced herein, including our Privacy Policy, which is located at https://yieldmonitor.io/privacy), constitute the entire agreement between You and YM relating to Your use of the Service and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between You and YM with respect to the Service.

We may revise these Terms from time to time, without prior notice. You are bound by any changes to these Terms upon our posting of such changes on the Service. You should check this URL often for the most current Terms that apply to Your use of the Services, Platform, and Content.

You agree that no joint venture, agency, partnership, or employment relationship exists between You and YM and/or its affiliates as a result of these Terms or use of the Service.

In no event shall YM be responsible or liable for any fault, failure, or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications, or computer (software and hardware) services.

These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by You. Any attempted transfer or assignment by You in violation hereof shall be null and void. YM may assign this Agreement and the associated rights without restriction.

If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed (i) superseded by valid and enforceable provisions that, to the extent possible, fulfill the business purposes and intent of such invalid and unenforceable provisions, or (ii) in the event the term cannot be modified, it shall be severed from the remainder of the Agreement and all remaining terms shall exist in full force and effect.

YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You instead elect that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

This Agreement will be governed by and interpreted in accordance with the laws of the State of Virginia, without giving effect to any principles of conflict of laws. Any dispute, claim or controversy arising out of or relating to this Agreement will be submitted first to mediation in Henrico County, Virginia. The mediation will be administered American Arbitration Association (“AAA”) under its Commercial Mediation Procedures. Either party may initiate mediation by providing a written request for mediation to the other party and to the AAA. The request must describe the dispute and the relief requested. The mediation will be scheduled within ten business days after the request. The parties will cooperate with AAA and with one another in selecting a mediator from a AAA panel of neutrals, and in scheduling the mediation proceedings. The parties will participate in the mediation in good faith. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any AAA employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. The parties will bear their own expenses in mediation but will share all fees to AAA equally.

Any Dispute that is not resolved through mediation shall be finally settled by binding arbitration pursuant to the then-current Commercial Arbitration Rules of the AAA. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following 45 days from the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. The arbitration shall be held in Henrico, Virginia and all communications shall take place in English.

The arbitrator, and not any federal, state, or local court or agency will have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of Affiliate and YM. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon Affiliate and YM. Any arbitrator shall have experience in the field of distributed ledger technology and financial matters involved in cryptocurrencies. Any arbitrator also shall be a licensed member of the bar of a state in the United States unless otherwise agreed in writing by both Parties. Each Party shall bear its attorney’s fees and expenses. The arbitrator shall not be permitted to award punitive damages. At any oral hearing of evidence in connection with the arbitration, each party thereto or its legal counsel shall have the right to examine its witnesses and to cross-examine the witnesses of any opposing party. No evidence of any witness shall be presented in any form unless the opposing party or parties shall have the opportunity to cross-examine such witness, except as the parties to the dispute otherwise agree in writing. Any decision or award of the arbitral tribunal shall be final and binding upon the parties to the arbitration proceeding. The Parties hereto hereby waive to the extent permitted by law any rights to appeal or to seek review of such award by any court or tribunal. The Parties also agree that judgment upon such award may be entered in any court of competent jurisdiction.

In the event that this arbitration provision is held unenforceable, You agree that any action arising out of, relating to or in connection with the Service, and/or these Terms shall be litigated solely in a state or federal court of competent jurisdiction located in Richmond, Virginia, and You further irrevocably submit to the exclusive jurisdiction of such court and waive any objection to jurisdiction and venue including on the basis of forum non-conveniens.

For additional information regarding these Terms, please contact support@yieldmonitor.io.