TERMS OF SERVICE
Last updated: March 19, 2018
These Terms of Service (these “Terms”) govern the relationship between XY – The Findables Company (the “Company,” “us,” or “we”) and you regarding your use of the website maintained by the Company at https://xyo.network/ (the “Website”), the Ethereum smart contracts that implement the Company’s XYO token sale and the smart contracts that implement the XYO network, a trustless, decentralized, blockchain-based, system of location oracles that provides an entry point into a protocol of connected devices with which you can interact and from whom you can purchase location heuristics which transactions are implemented in Ethereum smart contracts and further including any content, functionality and services offered on or through the Website (collectively with the Website, the “Service”). When you purchase XYO tokens (XYO) you also will be subject to the terms of a separate Token Purchase Agreement, in the case of any conflict between these Terms and the terms of the Token Purchase Agreements, the provisions of the applicable Token Purchase Agreement will prevail.
IMPORTANT – PLEASE READ CAREFULLY
THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE WEBSITE, AND ANY SERVICE OR PRODUCT MADE AVAILABLE THROUGH THE WEBSITE, AND THEY AFFECT YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OR RIGHTS AND LIMITATIONS OF LIABILITY. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR THE PLATFORM OR BUYING XYO TOKENS. BY ACCESSING OR USING THE SERVICE OR ANY CONTENT OFFERED THROUGH THE WEBSITE AND/OR PURCHASING XYO TOKENS, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS.
PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE IN DISCOVERY; AND (4) APPEAL RIGHTS WILL BE LIMITED.
XY – The Findables Company
1133 Columbia St., Suite 205
San Diego, CA 92101
Attn: Terms Administrator
Please keep in mind that XY Tokens do NOT represent an equity but are utility tokens for the XYO Location Network, which are necessary if one intends to use the XY Oracle Network in their Ethereum Smart Contracts.
YOU SHOULD READ THE OFFERING CIRCULAR BEFORE MAKING ANY INVESTMENT.
OFFERING DOCUMENTATION CAN BE FOUND AT www.xy.company/offering
IF YOU ARE INTERESTED IN PURCHASING TOKENS IN THE XYO NETWORK, PLEASE USE THE LINKS ON THIS PAGE.