JuratBTC Terms and Conditions
Last Updated: January 24, 2023
JuratBTC LLC is a Texas limited liability company and Jurat LLC is an Illinois limited liability company (collectively the “Company”, “we”, “us”, or “our”).
The JuratBTC blockchain (“JuratBTC”) is a fork of the Bitcoin blockchain, instantiated as of block height 717808. Digital assets that existed on the Bitcoin blockchain as of the fork are mirrored on JuratBTC’s ledger. These Digital Assets (as defined below) are offered to owners of the mirrored Bitcoin digital assets free of charge, subject to these Terms and Conditions (as defined below) and the functionality of JuratBTC. Digital Assets created on the JuratBTC blockchain after block 717808 or which are transferred on the blockchain after that block are also subject to these Terms and Conditions. JuratBTC blockchain is an unincorporated association made up of the miners who mine JTC. It is distinct from the incorporated entities JuratBTC LLC and Jurat LLC.
Subject to the terms of this Agreement, the Company grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services and the data, material, content or information herein (collectively, the “Content”) solely in accordance with this Agreement. Your right to access and use the Services shall be limited to non-commercial purposes and solely for your personal use, unless you are otherwise expressly authorized by the Company to use the Services for commercial purposes. You agree to use the Services only for lawful purposes, comply with all rules governing any transactions on and through the Services and comply with applicable laws. Except as provided in this preamble, you obtain no rights under this Agreement from us, our affiliates or our licensors to the Services, including any related intellectual property rights.
Although the Services may facilitate your communication with court systems across the country, nothing contained within the Services should be construed as legal advice.
“Account(s)” means any address or public key on JuratBTC, including smart contract addresses if any.
“Digital Asset(s)” means the JuratBTC coin (“JTC”), including but limited to, (i) any other coins, non-fungible tokens, or other instruments of value recorded on JuratBTC or the JuratBTC ledger; (ii) any data stored on JuratBTC or the JuratBTC ledger; and (iii) any smart contract running on JuratBTC or any Layer 2 service using JuratBTC.
“Company” means JuratBTC LLC, Jurat LLC, and any Jurat affiliates. The Company sometimes may use the trade names Jurat Blockchains and Jurat Network. The Company is not affiliated with and does not endorse a coin/project called “Jurat Project”.
“Content(s)” means software, data, text, audio, video or images and any documentation that the Company offers as well as any copies or partial copies thereof, no matter how created or by whom supplied, distributed or publicized.
“Judicial Witness” means the computer, servers, and/or virtual machine nodes that retrieve entries from the court docket, including but not limited to, any Person(s) that operate(s) the node(s). Judicial Witnesses may sometimes also be referred to as “Jurat Nodes” or the “W3AL” nodes.
“Jurat” means the Jurat court enforcement technology and, where applicable, JuratBTC LLC and/or its licensors, including Jurat LLC and W3AL LLC.
“JuratBTC” or “JuratBTC Network” or “Jurat Network” means the JuratBTC blockchain.
“JTC” means JuratBTC coin.
“Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).’
“Miner(s)” and “Node(s)” mean the computers, servers, and/or virtual machines, participating in the JuratBTC network, including but not limited to, any Person(s) that operate(s) a Jurat Node(s).
“Mining” means any act of participating in the operations of JuratBTC.
“Nodes” refers to any computers, servers, and/or virtual machines used to mine, transmit or verify transactions, or to act as a Judicial Witness.
“Notice List” means the web-based location for posting notice of judicial actions regarding digital assets: Jurat.io/Notifications. The Notice List may also be used for providing Users with notice of other relevant information about Jurat and JuratBTC such as notices of updates to this Agreement in addition to other Company-affiliated social media channels or other communications.
“Person(s)” means any individual, sole proprietorship, partnership, joint venture, trust, unincorporated organization, association, limited liability company, corporation, institution, entity, or party.
“Service(s)” means (i) JuratBTC; (ii) any smart contract running on JuratBTC; (iii) any court connection service furnished with the JuratBTC website, Jurat LLC’s website, or via JuratBTC, Nodes, or Judicial Witnesses; (iv) JuratBTC wallet; (v) the Site; and (vi) any other features, tools, materials, or services offered from time to time by the Company.
“Software” means all software created, furnished, or published by the Company or its licensor(s) such as Jurat LLC, and includes without limitation the Wallet and software on the Site, regardless of how you may come to possess the Software.
“Site” means JuratBTC.com, Jurat.io, Jurat.Network, any other sites to which these refer the User and all pages thereof.
“User” means (i) any Person who owns or asserts ownership over digital uses; (ii) any Person who mines or uses the JuratBTC network; (iii) any Person who files and action regarding a Digital Asset; (iv) any Person who uses JuratBTC , the Wallet or the Site; (v) the agents and officers of any User; and (vi) any Person claiming an interest in Digital Asset through a User.
“Wallet” or “JuratBTC Wallet” refers to the Jurat wallet software and any related services, such as asset transmission, asset receipt, messaging and data (e.g. price or asset data) provided through the wallet.
- The JuratBTC Ledger
The JuratBTC Network functions by Nodes working together to maintain a shared ledger of transactions and data. These Nodes may be located in diverse states and countries. Notwithstanding the foregoing, all Users and Node operators agree that the JuratBTC ledger (and all copies thereof), Accounts and Digital Assets are reified (located for legal purposes) in Harris County, Texas. This means that the courts of Harris County have jurisdiction and venue over the JuratBTC ledger, including but not limited to, all Accounts on JuratBTC and all Digital Assets on the JuratBTC ledger as well as the transactions on JuratBTC
- Unique functions of the JuratBTC Network
JuratBTC was created to provide increased functionality to the Bitcoin protocol. It operates similarly to the current Bitcoin blockchain network, except that JuratBTC can execute transactions to comply with the orders of state and federal courts without the private key of a User. This judicial compliance feature makes possible new options not available with Bitcoin. You should familiarize yourself with the options as well as all other features of JuratBTC. Information about JuratBTC’s features and functions are available on the Site, in the Jurat whitepapers, and elsewhere. Several of the core features you should be familiar with are the following:
A. Freezing digital assets.Digital Assets can be frozen in the wallet where they are found for a period of time (a set number of blocks). The purpose of a freeze is to allow a court time to decide a dispute.
Any User with a dispute regarding any Digital Asset can freeze any such Digital Asset automatically for 96 hours. In order to initiate the freeze, a User must post a bond with Jurat and, potentially, file a lawsuit. Where filing suit is required, the freeze will not take effect until the lawsuit is docketed, reported to JuratBTC and entered on the JuratBTC ledger.
Freezing a Digital Asset longer than 96 hours requires an order from a court. Courts use their own procedures (such as temporary restraining orders and preliminary injunctions) to decide if a Digital Asset should be frozen and, if so, for how long. If a court does not enter an order within 96 hours to continue the freeze, the automatic freeze will expire (although the lawsuit may continue).
Frozen Digital Assets stay in the wallet where they are located but they cannot be spent while frozen.
The process to freeze Digital Assets is implemented as quickly as possible after a User posts the bond and/or reports the docket entry of the court order freezing the asset to the JuratBTC UI. However, there is no guaranty that the freeze action will be successful. Similar to a transaction on Bitcoin, a freeze transaction requires a miner to write such transaction into a block and the block to achieve sufficient network confirmation. Further, a miner might not receive or pick up the transaction before the asset to be frozen is transferred from the target wallet. If the coins are transferred from the target wallet before the freeze transaction becomes effective, it will be necessary for you to get a court order freezing the assets in the new wallet.
B.Transferring digital assets. Under normal circumstances, Users transfer their Digital Assets by entering a transaction on JuratBTC and signing it with their private key, similar to a Bitcoin transaction. However, the JuratBTC network will also process transactions that conform with the requirements of a court order. These transactions will be executed based on the court’s entry of the court order and without the need for the private key of the account which holds the Digital Assets. JuratBTC will only transfer Digital Assets to the wallet identified in the filed complaint (or amendment or equivalent thereof). This includes transfers requested by government officials and ordered by a court.
C, Time clock on judicial transfers. Under normal circumstances, JuratBTC transactions execute similarly to Bitcoin, as quickly as the network accepts them in a block and reaches consensus. Transfers ordered by a court, however, follow a different timeline. To execute a judicial transfer, the User must provide proof to the network of a valid court order. The User provides this proof by informing the JuratBTC UI of the case number and docket entry where the court order appears. Once JuratBTC confirms the validity of the order it will delay the transfer for a minimum of thirty (30) days. This delay allows for a litigant to file an appeal or motion the court for the court to reconsider. Time delays also reduce the opportunity for a malicious actor to interfere or misuse JuratBTC. If the court orders a stay on enforcement of its order, JuratBTC will wait to enforce the order until the court lifts the stay.
D. Making smart contract calls. The Company may add support for court orders regarding smart contracts in the future. A court order can trigger any contract call or set of contract calls that the smart contract author includes in the smart contract. Smart contracts on Jurat-enabled blockchains may also include mandatory call functions that are automatically included in each smart contract to ensure effective court supervision. These calls may include, but are not limited to, functions such as pausing or replacing the smart contract.
E. Notification. The Site contains a Notice List of all Accounts that become subject of a judicial action along with pertinent information such as the court where the action was filed and the case number. The Notice List will be updated each time a User opens a new case, registers it with JuratBTC, and reports the case to JuratBTC through a message transaction confirmed on the docket.
The Notice List is the official form of notice for all Digital Assets and Accounts on the JuratBTC network. By using JuratBTC or owning digital assets, you consent to receive service of summons and notice of court filings via the Notice List and agree to stay apprised of updates to the Notice List. It is recommended that you check the Notice List no less frequently than every 14 days.
JuratBTC may additionally provide notice to Users via other methods. These include (1) posting notices on its Twitter (@juratnetwork) and Discord channels (Jurat Network), (2) send a message transaction to the effected Account, (3) sending notice through a messaging feature of the Wallet, and (4) sending notice to the User’s email address if the User has provided this information to the Company. These additional postings and messages are for convenience only and do not replace, or alter the adequacy of, the Notice List nor the Users’ obligation to remain apprised of it.
Notice, summons, service, and any other form of process are effective as soon as they are published to the Notice List.
F. Under Development and Beta Test Version Warning. As of June 2022, JuratBTC is still under development and in a beta test stage. Accordingly, the foregoing features and others described in this Agreement and on the Site may not be available yet, may not be fully-functioning or may be changed. We are endeavoring to provide these as quickly as possible.
G. The Company does not give legal advice.You should consider consulting with an attorney lawyer regarding your case and your use of JuratBTC, just as you would retain a lawyer to help you in court with any case.
4. Supported courts
JuratBTC interfaces with the dockets of the United States federal district and bankruptcy courts as well as certain state courts. The interface services are provided by Jurat LLC pursuant to the terms it may require. You can check with Jurat LLC or the JuratBTC UI to see if a court is supported. From time-to-time, Jurat LLC may add support for additional court systems . Jurat LLC has sole discretion to determine which court systems it will support, to limit access to those courts that have a sufficient public electronic docket system, and/or those that provide guaranties of due process of par with the Fifth and Fourteenth Amendments to the United States Constitution.
If an unsupported court enters an order regarding Digital Assets, then the User will need to bring an action in a second court whose docket is supported to enforce the order of the first court. A lawyer can advise you on the procedures to enforce orders of another court.
JuratBTC does not decide which court orders to execute. Thus, if multiple supported courts enter orders regarding the same Digital Assets, JuratBTC will execute each order when it is docketed by a supported court. If a Digital Asset was moved based on a prior court order then a subsequent order regarding the Digital Asset may not be executable.
- Jurisdiction over JuratBTC Digital Assets and in rem proceedings
JuratBTC does not control the cases that you or others may choose to bring regarding any Digital Asset. JuratBTC also does not take sides in any litigation, provide any legal advice, or decide on the validity or correctness of court orders. Rather, JuratBTC attempts to implement transactions in court orders that are docketed by the state and federal courts that are supported by JuratBTC.
Generally speaking, there are two ways that a court can exercise jurisdiction over Digital Assets: (i) jurisdiction over any Person that owns the Digital Assets and (ii) jurisdiction over the Digital Assets themselves, called “in rem” (or “quasi-in rem”) jurisdiction. Actions brought in rem may name the Digital Asset itself or an Account that controls the Asset on the blockchain as the defending party rather than naming an individual or corporation. Such actions may be useful when a User does not know the identity of an account holder but still asserts an interest in the Digital Assets controlled by that Account. Usually, a plaintiff may not sue a Digital Asset as a substitute for the owner for any conduct unrelated to use or possession of the Digital Asset, although the rules followed by the court are what governs. JuratBTC does not give legal advice, so you should consider consulting with an attorney of your choosing.
The Terms specify, and all Users agree, that the state court in Harris County, Texas, or the United States District Court for the Southern District of Texas, Houston Division, shall have in rem jurisdiction over the Accounts and Digital Assets on JuratBTC, and, further, that venue is proper in those courts. Additionally, the Terms are sufficient for those courts to exercise control over Digital Assets and include Jurat Request IDs in their orders, judgments and other docket entries. The Terms are not intended to preclude other courts from also exercising in rem jurisdiction or exercising jurisdiction over the person according to their own rules.
- Governing Law
A.Disputes on-chain. For any dispute, claim or controversy arising out of or in connection with any actions on JuratBTC, except for claims against the Company (which shall be subject to Subsection B or this Section) and enforcement actions pursuant to Section 11, YOU AGREE THAT ALL TRANSACTIONS ON JURATBTC SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF TEXAS AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS, just as if this Agreement is a contract wholly entered into and wholly performed within the State of Texas.
7. Consent to notice and service via the Notice List
You consent to receive notification and service of any action regarding Digital Assets via the Notice List and you further agree that you will not revoke this consent as to any digital assets you own or have owned.
Courts may impose additional notice or service requirements. For example, if a litigant knows the identity of a wallet owner the court may require additional notice to be served personally or via mail, email, or additional publication. This is a question for each court.
- Forks, modifications, methods
You agree not to distribute copies of the Jurat Software without express written permission from the Company. You agree not to modify any portion of the Jurat Software authored by Jurat LLC or JuratBTC LLC is any way that eliminates its ability to access courts, enforce court orders, provide the features set out in these Terms and Conditions, or alters the split of the coinbase and transaction fees between Nodes and JuratBTC LLC. You agree not to and not to attempt to circumvent Jurat LLC or JuratBTC by using JuratBTC’s or Jurat LLC’s methods for interfacing with courts or government agencies other than through JuratBTC, nor will you create or use a fork of Jurat or attempt to use methods or other materials created or licensed by Jurat LLC or JuratBTC LLC for any purpose(s) that are within the same line of business as Jurat LLC or JuratBTC.
A. To the Terms. We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. If we do so, we will let you know in one or more of the following ways: posting on the Site, on the Company’s social media channels, by providing you a notice through the wallet, by providing you emailed notice, or through other methods of communication which we deem reasonable. Any modification of the Terms will be effective at the time such modified Terms are posted on the Site. It is important that you review the Terms whenever we modify them because you are agreeing to be bound by the modified Terms once they are posted on the Site. If you do not agree to be bound by the modified Terms, then you may not use the Services, mine, nor claim an interest in any Digital Asset or Account.
B. To the Services. Because our Services are evolving over time, we may change or discontinue any or all of the Services or change or remove functionality of any or all of the Services at any time. We will notify you of any material change to or discontinuation of the Services by providing you a notice through the Site, through the Notice List, the Wallet, or through other methods of communication which we deem reasonable. Your continued use of or access to the Services or continued ownership of Digital Assets following the posting of any changes to the Services or the Terms constitutes acceptance of those changes.
11. Prohibited uses; miner requirements; enforcement by the Company and Users
A. By accessing or using any Service, you represent and affirm that you are at least 18 years old, have the legal capacity to enter into this Agreement, and agree to be legally bound by this Agreement in its entirety.
You agree to comply with all applicable export control and trade sanctions laws of the United States, of the jurisdiction where you are located and of every jurisdiction where your actions will be felt. Without limiting the foregoing, you may not download the Software nor use the Digital Assets or other Services if (i) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo and/or UN Security Council Resolutions (“UNSCR”) prohibiting such use; (ii) you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Bureau of Industry and Security Unverified List; or (iii) you intend to supply any Services to Cuba, Iran, North Korea, Sudan, Syria, Russia or any other country subject to United States embargo, or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List.
You further agree not to use the Service in violation of or otherwise violate the following:
- Violate, misappropriate, or infringe the rights of the Company or its licensors, users, miners, Node operators or others, including privacy, publicity, intellectual property, contract, property or other proprietary rights;
- Engage in illegal, defamatory, threatening, intimidating, or harassing conduct using JuratBTC;
- Impersonate someone;
- Provide false, inaccurate or misleading information;
- Send or receive potentially fraudulent or stolen funds;
- Breach any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark;
- Use Jurat BTC or any Services in a manner that violates your obligations to third parties;
- Send illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Us or any of our service providers or any other third party (including another user);
- Attempt to double spend;
- Use an ASIC to mine JTC or in any other way attempt to exceed the hash rate of 2.1 terahertz through any one Miner or Account or all Miners and Accounts you control either directly or indirectly.
- Attempt to operate through agreement, affiliation, partnership, conspiracy, or otherwise, Miners amounting to more than 40% of the hash rate of the network;
- Disguise your location through IP proxying (i.e. using a VPN) or other methods;
- Interfere with, or attempt to interfere with, any user, miner, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, trojan horses, malware, ransomware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information services.
- Violate any applicable law or regulation; and
- Encourage or enable any other individual to do any of the foregoing.
For any Account that is listed on the United States Treasury Department Office of Foreign Assets Control (OFAC) as a sanctioned address you understand and further agree that an enforcement action may be brought pursuant to subsection (B) to include the entry by consent of an immediate restraining order and temporary injunction freezing the Account and any Digital Assets associated with it without prior notice. You also consent to entry of a final consent judgement solely upon proof that the Account address is listed on the OFAC SDN list (https://www.treasury.gov/ofac/downloads/sdnlist.txt). The consent judgment will note that the Account may be unfrozen by a court in a subsequent action upon proof by the Account holder that the address has been removed from the OFAC SDN list. You consent to jurisdiction and venue for an enforcement action in the venue where you may be found, where the person or entity bringing the enforcement action is located, and/or in Harris County, Texas.
You are responsible for all activities that occur under your account, or are otherwise referable to your account credentials (such as passwords or private key), whether or not you know about them.
Mining is limited to person(s) who are licensed and admitted to practice law under the requirements of the jurisdiction in which they reside. If mining is conducted by a corporation, then the corporation’s participation must be approved by an attorney, employed by the corporation, and that attorney must take responsibility for the Miner’s compliance with these Terms & Conditions. If the mining is conducted by an unincorporated association, than the ownership of the association must consist of at least 51% licensed attorneys.
Each User is entitled to seek enforcement of their own rights in Digital Assets.
(1) Qui Tam Actions by Users. Each User is a party to these Terms and will have standing to use the court connectivity function to enforce the Terms and to prevent the misuse of JuratBTC and/or Digital Assets for a criminal, fraudulent or illegal purpose or in any other way that could injure JTC, JuratBTC or the Users. A User can enforce the agreement by bringing an original action in a supported court with jurisdiction over the Digital Assets or the parties. If a User is successful in bring such an action the court may, but need not, award the User a reasonable percentage of the Digital Assets as to which the User prevailed together with costs and reasonable attorney’s fees. Likewise, the court may, but need not, award costs and fees against the User if the User is not the prevailing party.
(2) Additional actions by a miner and/or by the JuratBTC blockchain. Where a miner reasonably believes that the blockchain is maintaining the shared ledger in a manner that violates the law, that fails to conform to OFAC sanction requirements, and/or that breaches any other obligation jointly shared, the miner may bring an action in its own name or that of the JuratBTC Blockchain for injunctive and/or declaratory relief and seek to have the court enter an order requiring the network to execute a transaction needed to remedy the violation. The miner shall not recover fees and costs as a prevailing party, neither shall the miner be responsible to pay for others’ fees and costs if the miner does not prevail in the action.
(3) Actions by the Company. The Company has standing commensurate with that granted in paragraph (1) and (2) as well as to bring any other action to enforce any provision of the Terms, to seek injunctive relief to prevent an actual or threatened breach of the Terms or any provision of law, and to seek damages to the company or to the JuratBTC community. For example, the Company may bring actions to freeze Accounts, wallets and Digital Assets which may be subject to a U.S. Department of Treasury blacklist. Likewise, the Company may bring an action to remedy a breach of the rules regarding hashing power or to enjoin attempts to circumvent the split of the coinbase and transaction fees awarded for mining a block.
You consent to personal jurisdiction and venue for any action pursuant to Section (C)(1) or (2) in any of the following locations: where you may be found, where a JuratBTC miner may be found, where the person or entity bringing the enforcement action may be found, or in Harris County, Texas.
Where damages are recovered for damages, other than damages to the Company, the court shall award all or a subset to Users in a manner that will compensate Users for any actual and direct injury sustained and, if funds remain, to Users in the community for any indirect damages sustained. Any remaining funds shall be allocated for the benefit of the JuratBTC community per the cy-pres doctrine in common fund cases.
The Company will have no obligation to bring any enforcement action but, rather, may exercise its standing under this paragraph at its sole and unfettered discretion.
- Passwords, Private Keys, Wallets and Accounts
You are responsible for maintaining the confidentiality and security of your password(s), private key(s), and recovery phrase(s) used with the Wallet and/or any Account. You are responsible for all activities that occur under your Account(s). The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your Account, private key, recovery phrase or password.
- Failure to function; Force Majeure
A. In its sole discretion, the Company may terminate or suspend your access to the Services for breach of these Terms. In addition, unscheduled maintenance and circumstances outside of the Company’s control, including but not limited to, JuratBTC network failure, cessation of mining by Miners, or court interface failures (collectively “Downtime”), may temporarily or permanently terminate or restrict your access to the Services. You agree and understand that the Company is not liable or responsible to you for any inconvenience or damage to you as a result of any Downtime. Following any Downtime, when Services resume, you understand that market conditions and prices may differ significantly from the market conditions and prices prior to such Downtime.
B. You agree and understand that in no event shall the Company, its affiliates, nor its licensors be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition, whether or not foreseeable, beyond the Company, its affiliates, or its licensors’ reasonable control, including, but not limited to, any act of God, nuclear or natural disaster, epidemic, action or inaction of civil or military authorities, act of war, terrorism, sabotage, civil disturbance, strike or other labor dispute, accident, state of emergency or interruption, loss, or malfunction of equipment or utility, communications, computer (hardware or software), Internet or network provider services.
14. Intellectual Property Rights
The Software, the Services and their entire Contents, features, and functionality (including but not limited to all information, data, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company and/or its licensor(s) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You shall not use the Services in any manner or for any purpose other than as expressly permitted by this Agreement. Except as expressly authorized, you shall not or shall not attempt to (a) modify, distribute, alter, tamper with, repair, or delete any copyright, trademark, or other proprietary rights notices from Content; (b) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content; (c) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any Software; (d) access or use the Services in a way intended to avoid incurring fees, (e) use scraping techniques to mine or otherwise scrape data; or (f) resell or sublicense the Services, Content or Software.
The Agreement permits you to use the Site for your personal, non-commercial use only. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.
The Company name, the terms JTC, Jurat and JuratBTC, Crypto Safely, Wrap Your Bits, ForkEmAll and the associated logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company other than in such manner as to promote the Company or its products and for its benefit.
If you print, copy, modify, download, or otherwise use or provide any other Person with access to any part of the Site or other Service in breach of the Terms, your right to use the Services may stop immediately and you must, at our option, return or destroy any copies of the Content that you have made. No right, title, or interest in or to the Services, nor any content included in the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site or other Service not expressly permitted by the Agreement is a breach of the Agreement and may violate copyright, trademark, and other laws.
- Dispute Resolution
A. Informal Dispute Resolution.You must give the Company notice of and an opportunity to resolve any dispute, claim, or controversy against the Company arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site, the Wallet, JuratBTC, or any of the Services, (“Disputes”). Accordingly, you may not start a formal arbitration proceeding for at least sixty (60) days after notifying Us pursuant to this paragraph. As part of this informal resolution process, you must deliver a written notice of any Dispute via first-class mail to us at JuratBTC LLC, 311 N. Aberdeen St., 3rd Floor, Chicago, IL 60607 as well as by email to [email protected] and [email protected]
B. Mandatory Arbitration of Disputes and Class Action waiver. You agree that any dispute you have against the Company will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You agree that (a) this Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of Illinois; (b) the U.S. Federal Arbitration Act governs the interpretation and enforcement of this paragraph (15); and (c) you are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. The Class Action waiver is separate from and will survive any waiver or invalidation of the arbitration provision.
C. The jurisdiction of the arbitrator shall include any Disputes against the Company, as well as any other dispute, claim or controversy arising out of or relating to the Company’s performance or non-performance of this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope, enforceability, or applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, IL before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
D. Exceptions. The Company is bound to participate in an arbitration initiated by you, but, in all circumstances, the Company retains the right to enforce in court any of its rights including, without limitation the infringement or misappropriation of our intellectual property rights and any additional or other matter for which we have standing under Paragraph 11.B. or otherwise.
E. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by JAMS Rules for consumers. If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and will not seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses only to the extent provided under applicable statutes, if any.
F. Injunctive and Declaratory Relief. Except as provided in Section 15(C) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief (including claims pursuant to paragraph 18, below) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
G. Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if a Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
16. Warranty Disclaimers
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE SITE, DIGITAL ASSETS OR ACCOUNTS, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JURATBTC, LLC, SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. JURATBTC, LLC, DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS OR CONTENTS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
TO BE SAFE, YOU SHOULD ALWAYS BACKUP YOUR PASSWORDS AND PRIVATE ACCESS KEY VIA SECONDARY MEANS.
In addition to other risks in using JuratBTC, the Wallet, or the Company’s other products or Services, please note the following non-exhaustive list of risks:
- JuratBTC, the Wallet, the Site, and the Services are currently in a beta test stage. They may not function as expected or as represented due to the early stage of development. Likewise, all features expected or represented may not be available.
- The price and liquidity of Digital Assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future. The Digital Assets may lose all value;
- All of the Miner have discretion about whether to participate in the network. Some or all of the Miners may cease to operate the JuratBTC network, making the Digital Assets less useful, less valuable, useless and worthless;
- Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Digital Assets;
- In your jurisdiction, the Company may not be regulated as a financial institution or otherwise;
- Digital Assets in your Account are not subject to deposit insurance protection, including, but not limited to, FDIC insurance or Securities Investor Protection Corporation protections;
- Digital Assets are not legal tender and are not backed by the government;
- Transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
- Submitting a transaction to the JuratBTC network does not guarantee it will be accepted into a block. User’s Digital Asset transactions shall be deemed to be made when recorded on the JuratBTC ledger, which is not necessarily the date or time that you initiated the transaction;
- A fork may form after a transaction is submitted and/or after a transaction has been accepted into a block, such that the transaction will not become part of the longest chain and thus rendered ineffective;
- A judicially-ordered transaction may fail for the same reasons as a User-initiated transaction. Moreover, it may not execute in time to prevent the movement on Digital Assets subject of the order, preventing execution of that order and/or requiring the User to seek a new court order;
- The nature of Digital Assets may lead to an increased risk of fraud or cyber attack, and may mean that technological difficulties experienced by the Company may prevent the access to or use of your Digital Assets;
- A court may refuse to follow the Jurat protocols, may refuse to include in its orders and judgments the Jurat Request IDs needed for the system to function, may change its electronic docketing system in ways that interfere with the functions of JuratBTC, and may refuse to exercise jurisdiction over the JuratBTC ledger or JuratBTC transactions;
- Digital Assets may be subject to conflicting laws and regulations with which you must comply.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of the Digital Assets and of these risks for yourself, and that the Company does not give advice or recommendations regarding Digital Assets, including the suitability and appropriateness of, and investment strategies for, Digital Assets. You agree and understand that you access and use JuratBTC at your own risk; however, this brief statement does not disclose all of the risks associated with Digital Assets and using JuratBTC. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of the Digital Assets in your Account, and that under certain market conditions, you may find it difficult or impossible to liquidate a position.
OUR SERVICES RELY ON EMERGING TECHNOLOGIES AND ARE SUBJECT TO INCREASED RISK. BY USING JURATBTC, OUR SERVICES AND OTHER PRODUCTS YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.
- Injunctive Relief
You agree that in the event of any act conduct which the Company reasonably believes infringes its, contract rights, property rights, copyrights, it patented or patent pending intellectual property, or any other of its rights or that of its licensor(s) (the “Conduct”), We may obtain damages and an injunction against your continued engaging in the Conduct and that the state and federal courts physically situated in Chicago, Illinois will have jurisdiction. Further, You agree that, upon our filing of any such action, you will escrow any money, Digital Assets, coins or other forms of value you may generate as a result of the Conduct, as it is generated, in an account or wallet controlled by the court or by a court-appointed receiver. You understand that if you fail to escrow the funds immediately following the initiation of a court action by the Company, then We may pursue all available remedies including obtaining a court order effectuating the escrow.
A. General. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any losses arising out of or relating to any claim concerning: (i) breach of this Agreement or violation of applicable law by you; and (ii) a dispute between you and any of your customers or users. You will reimburse us for reasonable attorneys’ fees and expenses, associated with claims described in (i) and (ii) above.
B. Intellectual Property. You will defend us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives against any third-party claim alleging that you infringed or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement. We will have no obligations or liability under this Section 19(B) arising from infringement by your combinations of the Services with any other product, service, software, data, content or method.
C. In no event will you agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the Company.
20. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, JuratBTC, LLC (INCLUDING BUT NOT LIMITED TO ITS AGENTS, OFFICERS, AFFILIATES, LICENSORS, MINERS, JUDICIAL WITNESSES AND NODE OPERATORS), SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR DATA OR DIGITAL ASSETS, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO OR THROUGH THE JuratBTC NETWORK, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ANY DIGITAL ASSET. JuratBTC LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF JuratBTC HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. JuratBTC LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES USING the JuratBTC network.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF JURATBTC, LLC, TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF THE TRANSACTIONS FEES YOU PAID IN CONNECTION WITH THE TRANSACTION THAT RESULTED IN INJURY OR ONE HUNDRED U.S. DOLLARS ($USD100.00), WHICHEVER IS GREATER.
- No Waiver
Our failure to act with respect to a breach of any of your obligations under these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
You may not assign this agreement, nor your rights or responsibilities hereunder. We have the right to assign this agreement to any successor company.