Last revised: 13 January, 2021
Please read the terms carefully as they govern your use of Expertoptions Services.THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.BY MAKING USE OF Expertoptions SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF Expertoptions SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) Expertoptions SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use Expertoptions Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Expertoptions or utilize Expertoptions services.
2. Expertoptions Operators refer to all parties that run Expertoptions, including but not limited to legal persons, unincorporated organizations and teams that provide Expertoptions Services and are responsible for such services. For convenience, unless otherwise stated, references to “Expertoptions” and “we” in these Terms specifically mean Expertoptions Operators.UNDER THESE TERMS, Expertoptions OPERATORS MAY CHANGE AS Expertoptions’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF Expertoptions OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW Expertoptions SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE Expertoptions SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED Expertoptions OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
3. Expertoptions Services refer to various services provided to you by Expertoptions that are based on Internet and/or blockchain technologies and offered via Expertoptions websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Expertoptions Services include but are not limited to such Expertoptions ecosystem components as Digital Asset Trading Platforms, the financing sector, Expertoptions Labs, Expertoptions Academy, Expertoptions Charity, Expertoptions Info, Expertoptions Launchpad, Expertoptions Research, Expertoptions Chain, Expertoptions X, Expertoptions Fiat Gateway, existing services offered by Trust Wallet and novel services to be provided by Expertoptions.
4. Expertoptions Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Expertoptions, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
5. Users refer to all individuals, institutions or organizations that access, download or use Expertoptions or Expertoptions Services and who meet the criteria and conditions stipulated by Expertoptions. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
7. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
8. Expertoptions Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by Expertoptions for Users to record on Expertoptions their usage of Expertoptions Services, transactions, asset changes and basic information. Expertoptions Accounts serve as the basis for Users to enjoy and exercise their rights on Expertoptions.
9. Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
10. Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
11. Collateral Accounts refer to special accounts opened by Users on Expertoptions to deposit and withdraw collateral (such as margins) in accordance with these Terms (including the Expertoptions Contract Services Agreement and Expertoptions Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.
12. Loan/Lending refers to Expertoptions’s lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by Expertoptions.
As an important part of the Expertoptions Ecosystem, Expertoptions mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with Expertoptions, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although Expertoptions has been committed to maintaining the accuracy of the information provided through Expertoptions Services, Expertoptions cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Expertoptions be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Expertoptions Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Expertoptions does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Expertoptions or any other communication medium. All Users of Expertoptions Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
Upon completion of the registration and identity verification for your Expertoptions Account, you may conduct Crypto-to-crypto Trading on Expertoptions in accordance with the provisions of these Terms and Expertoptions Platform Rules.
a. Fiat Payments
In order to provide adequate operational support for you in respect of refunds and cancelations (where applicable), the following Expertoptions Operators shall be responsible for transactions as below:
- in respect of transactions available (Bank Card, GBP deposit/withdraw), Expertoptions UAB (registration number: 305595206) and having its registered office at Didžioji g. 18, Vilnius, Lithuania
- Expertoptions DIGITAL LIMITED (registration number: 12340481) having its registered office at Hub 26 Hunsworth Lane, Cleckheaton, England, BD19 4LN will only be responsible for receiving/transferring GBP on behalf of Expertoptions UAB and will not be responsible for providing any Digital Assets exchange or custody services to you.
Unless otherwise specified by Expertoptions, to conduct Futures Trading, you must conclude with Expertoptions a separate Expertoptions Futures Service Agreement ( /en/support/faq/360033180732) and open a special Collateral Account, following the completion of registration and identity verification for your Expertoptions Account. You acknowledge and agree that:
a. You fully understand the high risks of Futures Trading, including but not limited to the risk of major fluctuations of Digital Assets in Futures Trading, and the risk of exacerbated adverse outcome when leverage is used;
b. You have sufficient investment knowledge and experience and the capacity to take risks arising from Futures Trading, and agree to independently assume all the risks arising from the investment of Futures Trading;
c. Before performing Futures Trading, you have read and understood all the contents of the Expertoptions Futures Service Agreement and the relevant Expertoptions Platform Rules, and have consulted relevant professionals to make informed decisions on whether and how to complete Futures Trading according to their recommendations and your own reasonable judgment;
d. You agree and authorize Expertoptions to take various reasonable measures in its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with the Expertoptions Futures Service Agreement and the relevant Expertoptions Platform Rules to protect the legitimate interests of you, Expertoptions and other Users.
Unless otherwise specified by Expertoptions, prior to conducting Margins Trading, you must open a special Collateral Account and/or complete other related procedures, following the completion of registration and identity verification for your Expertoptions Account.
Unless otherwise provided by Expertoptions, to borrow currencies, you must conclude with Expertoptions a separate Lending Services User Agreement and open a special Collateral Account and/or finish other relevant procedures, following the completion of registration and identity verification for your Expertoptions Account. You understand and agree that:
a. There are considerable risks involved in Lending Services, which include without limitation to risks of fluctuation of the borrowed Digital Assets’ value, derivative risks and technical risks. You shall carefully consider and exercise clear judgment to evaluate your financial situation and the aforesaid risks to make any decision on using Lending Services, and you shall be responsible for all losses arising therefrom;
b. you shall cooperate to provide the information and materials related to identity verification and Lending Services as required by Expertoptions, and be solely responsible for taking necessary security measures to protect the security of your Collateral Account and personal information;
c. you shall carefully read relevant Expertoptions Platform Rules before using Lending Services, and be aware of, understand and observe the specific information and rules regarding the operations of Lending Services, and you undertake that the use of the assets borrowed shall conform to requirements of these Terms and related laws and regulations;
d. Expertoptions has the full right to manage your Collateral Account and collateral during the period in which Lending Services are offered, and reserves the right, under the circumstances specified in the Lending Services User Agreement or these Terms, to implement various risk control measures, which include but are not limited to forced liquidation. Such steps may cause major losses to you and you shall be solely responsible for the outcomes of such measures;
e. Expertoptions has the right to temporarily or permanently prohibit you from using Lending Services when it deems it necessary or reasonable, and to the maximum extent permitted by law, without liability of any kind to you.
Expertoptions offers Expertoptions Savings, a service to provide Users with value-added services for their idle Digital Assets. To use Expertoptions Savings service, you must conclude with Expertoptions a separate Expertoptions Savings Service User Agreement (/en/support/faq/360032559032) and open a special Expertoptions Savings service account, following the completion of registration and identity verification for your Expertoptions Account. When using Expertoptions Savings service, you should note that:
a. Expertoptions Savings assets will be used in cryptocurrency leveraged borrowing and other businesses.
b. When you use Expertoptions Savings service, you will unconditionally authorize Expertoptions to distribute and grant the leveraged interest according to Expertoptions Platform Rules.
c. You shall abide by relevant laws and regulations to ensure that the sources of Digital Assets are legitimate and compliant when using Expertoptions Savings service.
d. When you use Expertoptions Savings service, you should fully recognize the risks of investing in Digital Assets and operate cautiously.
e. You agree that all investment operations conducted on Expertoptions represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.
f. Expertoptions reserves the right to suspend or terminate Expertoptions Savings service. If necessary, Expertoptions can suspend and terminate Expertoptions Savings service at any time.
g. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension, termination or deviation of execution of Expertoptions Savings service, Expertoptions will use reasonable effort to ensure but not promise that Expertoptions Savings service execution system runs stably and effectively. Expertoptions does not take any responsibility if the final execution fails to match your expectations due to the above factors.
Expertoptions will from time to time launch Staking Programs for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their Expertoptions Accounts. When participating in Staking Programs, you should note that:
a. Unless otherwise stipulated by Expertoptions, Staking Programs are free of charge and Users may trade during the staking period;
b. Expertoptions does not guarantee Users’ proceeds under any Staking Program;
c. Expertoptions has the right to initiate or terminate Staking Program for any Digital Currencies or modify rules on such programs in its sole discretion;
d. Users shall ensure that sources of the Digital Currencies they hold in Expertoptions Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, Expertoptions has the right to take necessary steps in accordance with these Terms or Expertoptions Platform Rules, including, without limitation, freezing Expertoptions Accounts or deducting the Digital Currencies awarded to Users who violate the rules of respective Staking Programs.
a. Expertoptions.io launched Expertoptions POS service for Expertoptions.io users to gain proceeds through idle cryptocurrency assets.
b. Expertoptions POS assets will be used in cryptocurrency staking to gain proceeds and other businesses.
c. When you use Expertoptions POS service, you will unconditionally authorize Expertoptions.io to distribute the staking interest according to the rules of the platform.
d. You shall abide by the relevant laws of the State to ensure that the sources of assets are legitimate and compliant when using Expertoptions POS service.
e. When you use Expertoptions POS service, you should fully recognize the risks of investment in cryptocurrency and operate cautiously.
f. You agree that all investment operations conducted on Expertoptions.io represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.
g. Expertoptions.io reserves the right to suspend or terminate Expertoptions POS service. If necessary, Expertoptions.io can suspend and terminate Expertoptions POS service at any time.
h. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension or deviation of Expertoptions POS service execution, Expertoptions.io will use commercially reasonable effort to ensure but not promise that Expertoptions POS service execution system run stably and effectively. Expertoptions.io does not take any responsibility if the final execution doesn’t match your expectations due to the above factors.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Expertoptions SERVICES, Expertoptions MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Expertoptions ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Expertoptions EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, Expertoptions DOES NOT REPRESENT OR WARRANT THAT THE SITE, Expertoptions SERVICES OR Expertoptions MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Expertoptions DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF Expertoptions SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT Expertoptions WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY Expertoptions AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY Expertoptions; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY Expertoptions.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Expertoptions, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF Expertoptions SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF Expertoptions SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Expertoptions AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF Expertoptions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF Expertoptions’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF Expertoptions, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF Expertoptions AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF Expertoptions SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO Expertoptions UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless Expertoptions Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Expertoptions Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Expertoptions Services. If you are obligated to indemnify Expertoptions Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Expertoptions will have the right, in its sole discretion, to control any action or proceeding and to determine whether Expertoptions wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on https://Expertoptions.io/announcement .USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. Expertoptions WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.
Except as set forth in paragraph 4 below, once a Expertoptions Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Expertoptions) will be payable immediately to Expertoptions. Upon payment of all outstanding charges to Expertoptions (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
Expertoptions maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Expertoptions Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
Expertoptions is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using Expertoptions Services. No communication or information provided to you by Expertoptions is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Expertoptions does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Expertoptions will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Expertoptions.
It is Users’ responsibility to abide by local laws in relation to the legal usage of Expertoptions Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.ALL USERS OF Expertoptions SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT Expertoptions WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS.Expertoptions maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
1. Notice of Claim and Dispute Resolution Period. Please contact Expertoptions first! Expertoptions wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Expertoptions, then you should contact Expertoptions and a ticket number will be assigned. Expertoptions will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Expertoptions, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Expertoptions. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Expertoptions account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Expertoptions. After you have provided the Notice of Claim to Expertoptions, the dispute referenced in the Notice of Claim may be submitted by either Expertoptions or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Expertoptions for resolution internally and the delivery of a Notice of Claim to Expertoptions are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Expertoptions shall not be disclosed to the arbitrator.
2. Agreement to Arbitrate. You and Expertoptions agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and Expertoptions arising in connection with or relating in any way to these Terms or to your relationship with Expertoptions as a user of Expertoptions Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and Expertoptions further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”), as modified by this Section X. The arbitration will be administered by the International Court of Arbitration of the ICC. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the ICC Rules. Any arbitration will be conducted in the English language, unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST Expertoptions MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the ICC in accordance with the ICC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Expertoptions is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Switzerland. Place of Hearing: The location of any in-person arbitration hearing shall be Switzerland, unless otherwise agreed to by the parties. Governing Law / Jurisdiction: The governing law of the arbitration shall be determined in accordance with the ICC Rules. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the ICC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
3. Class Action Waiver. You and Expertoptions agree that any claims relating to these Terms or to your relationship with Expertoptions as a user of Expertoptions Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Expertoptions further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Expertoptions.
5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
1. Independent Parties. Expertoptions is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Expertoptions Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
3. Interpretation and Revision. Expertoptions reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Expertoptions websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Expertoptions Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Expertoptions will not be responsible for any modification or termination of Expertoptions Services by you or any third party, or suspension or termination of your access to Expertoptions Services.
4. Force Majeure. Expertoptions will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Expertoptions’s reasonable control.
5. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
6. Assignment. You may not assign or transfer any right to use Expertoptions Services or any of your rights or obligations under these Terms without prior written consent from Expertoptions, including any right or obligation related to the enforcement of laws or the change of control. Expertoptions may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
7. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
9. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through Expertoptions Services, such activities and programs are provided by Expertoptions and are not associated with Apple Inc. in any manner.
10. Contact Information. For more information on Expertoptions, you may refer to the company and license information found on Expertoptions websites. If you have questions regarding these Terms, please feel free to contact Expertoptions for clarification via our Customer Support team at https://Expertoptions/register.