DOGE FOUNDATION TERMS OF SERVICE

Welcome to the Own the Doge Interface! Please read these Terms of Service (these “TOS”) carefully, as they constitute a legally binding agreement between you (“you”, “your”, or “user”) and Doge Foundation (“OTD”, “we”, “us” or “our”). 

These TOS, together with any Modifications, as well as all policies posted on ownthedoge.com and incorporated by reference herein, set out the terms on which OTD offers you access to and use of (a) the website hosted user interface located at ownthedoge.com and all relevant sub-pages associated with the foregoing (the “Interface”) and (b) any other applications, add-ons, tools, services and offerings provided by us (together with the Interface, the “Products”). These TOS apply whether you are accessing the Products via a personal computer, a wireless or mobile device or any other technology or device now known or hereafter developed or discovered. 

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY ACCESSING OR USING THE PRODUCTS IN ANY MANNER, YOU AFFIRM, REPRESENT AND WARRANT (A) THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TOS (ALONG WITH ANY MODIFICATIONS AND/OR ADDITIONAL TERMS, POLICIES AND AGREEMENTS REFERENCED HEREIN), INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, (B) THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TOS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND MEET ALL OF THE ELIGIBILITY AND OTHER REQUIREMENTS, AND (C) THAT YOUR ACCESS AND USE OF THE PRODUCTS IS PERMITTED BY, AND SHALL NOT VIOLATE, ANY APPLICABLE LAWS, INCLUDING THOSE IN YOUR JURISDICTION.

IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TOS AND/OR ANY MODIFICATIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE PRODUCTS.

• Modifications. We reserve the right to revise these TOS, at any time and from time to time, for any reason in our sole discretion by any written announcement or notice or by posting an updated TOS without advance notice to you (the “Modifications”). These changes become effective immediately and, if you use the Products after they become effective, it will signify your agreement to be bound by the Modifications. It is your responsibility to monitor and periodically check for changes to these TOS by consulting the “Last Modified” date at the bottom of this page.

• What is Own the Doge? Own the Doge is a web3 community of doge enthusiasts and DOG holders that formed to collectively build an ecosystem, manage community funds and carry on the legacy surrounding the original Doge NFT meme, a photo of the Shiba Inu Kabosu (such photo, the “Doge Meme”)(overall the “Project” or “DOG DAO”). A “DOG” is one of the 16,969,696,969 fractional ownership interests uniquely associated with the original Doge Meme (i.e., a one-of-a-kind, non-fungible, cryptographic token for which there is no copy or substitute). OTD produces content and digital collectibles with the mission of D.O.G.E (“Doing Only Good Everyday”). If you own any DOG, you may join the Project and lock your DOG, allowing access to content, entertainment, forums, and other services, events or activities that are made available only to Project members (collectively, “Perks”); and other services (“Additional Services”) that may be made available to all members of the Project (each, a “Member”). 

(a) Locked Dog. For as long as you are a Member, any DOG you transfer will be locked. That means that, you cannot transfer your DOG to anyone or use them for any purpose. The Perks are the only benefits you will receive for locking your DOG. In particular, you will not earn interest on any of the DOG that you lock. Notwithstanding the foregoing, you may unlock your DOG at any time. Within a reasonable time after you do so, we will, subject to applicable laws and regulations, return to the wallet address that you provided to us any DOG previously locked. At any time that OTD does not hold any of your locked DOG, your Membership will terminate, and you will no longer have access to any Perks or Additional Services. 

We have no obligation to offer any particular Perks or Additional Services, or any particular type or number of Perks or Additional Services. Any information that we publish or otherwise provide regarding any actual or potential Perks or Additional Services will not give rise to any warranty or other obligation that requires us to provide such Perk or Additional Service or to continue to provide such Perk or Additional Service, and we may modify or terminate any Perk or Additional Service at any time, without notice, in our sole and absolute discretion. We will have no liability or any type or nature in connection with any Perk or Additional Service or any loss or unavailability of any Perk or Additional Service. 

We may use shared blockchain addresses, controlled by us, to hold our own digital assets and any DOGs locked with us by our Members. We have no obligation to segregate by blockchain address or any other means any DOGs locked with us by you from DOGs locked with us by any other Member or from our own digital assets. Although we will maintain sufficient liquidity to refund your DOGs as described above, we are free to use your DOGs while they are locked with us for any purpose (including, but not limited to, loans and other decentralized finance transactions), for our sole benefit.  

• The Interface/Wallet Access. 

(a) The Interface. The Interface provides a web or mobile-based means of access to the decentralized DOG DAO. The Interface is distinct from the DOG DAO and is one, but not the exclusive, means of accessing the DOG DAO which comprises open-source or source-available self-executing smart contracts deployed on various public blockchains. OTD does not control or operate any version of the Project on any blockchain network. 

(b) Wallet Access. In order to connect with the Interface, or use other Products, you must connect a non-custodial wallet. It’s essential to understand that your non-custodial wallet is provided by a third-party entity and is generally governed by separate terms and conditions set by the respective third-party service provider. These terms and conditions may involve additional fees, disclaimers, or risk warnings regarding the accuracy and reliance on the provided information. Reviewing and comprehending the terms and conditions associated with your chosen non-custodial wallet provider to ensure compliance and to be aware of any applicable charges or risks is your sole responsibility. We reserve the right to refuse to engage with a non-custodial wallet in our sole and exclusive discretion. We accept no responsibility or liability to you in connection with your use of a non-custodial wallet and make no representations or warranties regarding how the Products will operate with any specific non-custodial wallet. 

• Taxes. We are not responsible for determining the withholding, sales, use, value added, transfer or other tax, together with any interest and penalties imposed with respect thereto, that apply to your use of our Products. Blockchain-based transactions are novel, and their tax treatment is uncertain. You agree that you are solely responsible for determining what, if any, tax applies to your transactions and to withhold, collect, report and remit the correct amounts of tax to the appropriate taxing authorities. 

• Proprietary Rights. As between you and us, we own, solely and exclusively, all right, title and interest in and to the Products and all elements thereof, including any and all graphics, images, text, files, designs, systems, methods, information, computer code, software, scripts, services, marks and branding, the selection and arrangement thereof, including all intellectual property and proprietary rights (whether registered or unregistered, in any jurisdiction) related to any of the foregoing. All rights in and to the Products not expressly granted to you under these TOS are expressly reserved. Your use of the Products does not grant to you any right, title or interest in any element thereof, and we (or our applicable licensors, partners, or affiliates) own and retain all right, title and interest (including all intellectual property and proprietary rights) therein and thereto. 

6. Limited License. Subject to the restrictions and limitations set forth in these TOS, and contingent upon your ongoing compliance with these TOS, we grant you a personal, worldwide, revocable, non-exclusive, and non-assignable license to use the Products. The only purpose of this license is to allow you to use and enjoy the Products solely as permitted by these TOS.

7. Prohibited Use. Any commercial distribution, publishing, use or exploitation of the Products or any element thereof (including any content, software, code, data or materials used in or available on the Products) is prohibited. As a condition of your access to and use of the Products, you agree that you will not use the Products or any element thereof for any purpose that is unlawful, commercial in nature or prohibited by these TOS. You agree to abide by all applicable local, state, national and international laws, regulations and rules and not to access or use the Products if you are a Restricted Person, from a Restricted Jurisdiction or from a jurisdiction where such access or use is illegal or unauthorized. By way of example, and not limitation, you agree that you shall not: (a) use the Products for, or to promote or facilitate, illegal activity (including, without limitation, money laundering, financing terrorism, tax evasion, buying or selling illegal drugs, contraband, counterfeit goods, or illegal weapons); (b) exploit the Products for any unauthorized commercial purpose; (c) upload or transmit viruses, worms, trojan horses, time bombs, cancel bots, spiders, malware, or any other type of malicious code that will or may be used in any way that could affect the functionality or operation of the Products; (d) attempt to or actually copy or make unauthorized use of all or any portion of the Products, including by attempting to reverse compile, reformat or frame, disassemble, or reverse engineer any part of the Products; (e) harvest or otherwise collect information from the Products for any unauthorized purpose; (f) use the Products under false or fraudulent pretenses or otherwise be deceitful; (g) interfere with other users’ access to or use of the Products; (h) interfere with or circumvent the security features of the Products or any third party’s systems, networks, or resources used in the Products; (i) engage in any attack, hack, denial-of-service attack, interference, or exploit of any smart contract in connection with the use of the Products (and operations performed by a user that are technically permitted by a smart contract may nevertheless be a violation of these TOS, and the law); or (j) engage in any anticompetitive behavior or other misconduct. 

8. Restriction of Access. We reserve the right to deny access and use privileges to anyone (and to suspend, restrict or terminate an existing non-custodial wallet) at our sole and absolute discretion, including without limitation if we suspect that the non-custodial wallet has or will be used for any fraudulent, illegal, or other unauthorized purposes. We reserve the right to refuse or revoke permission to use the Products and to remove any other privileges at any time and for any reason. 

9. Third Party Websites. The Products may contain links or connections to third party websites, and third party websites may link to the Products. For purposes of this Section, “third party websites” include all websites, mobile websites, mobile and web applications, and services owned, operated, or provided by any third party, including any such website, application or service operated or provided by a third party under license from us or any of our affiliates. The inclusion in the Products of any link to a third party website does not constitute an endorsement or sponsorship by us of such third party website, or the information, content, products, services, advertising, code or other materials presented on or through such third party website. Any reliance on the contents of a third party website is done at your own risk.

10. User Content. The Products may provide you with the opportunity to submit, post, display, transmit or otherwise make available certain content, including messages, files, data, software, sound, videos, photos, graphics, comments, and other items. By submitting, transmitting, posting, displaying or otherwise making available any content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free and fully paid-up license to exploit such content for our lawful business purposes, including to provide, promote, and improve the Products, without obligation. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein. We shall have the right, but not the obligation, to monitor any content submitted to or posted through the Products, to determine compliance with these TOS and any operating rules established by us, as well as to satisfy any requirement under law or government request. We shall have the right, but not the obligation, to edit or remove any content submitted to or posted through the Products. Further, you acknowledge that any information you disclose via the Interface or Products may be publicly available and that you should exercise caution in deciding whether to include any personal, financial or other sensitive information in any communication. If you choose to include any of your personally identifiable or other information in a communication, you do so at your own risk.

11. Representations and Warranties. In addition to any representations and/or warranties set forth elsewhere in these TOS, you represent and warrant that at all relevant times: (a) neither your performance under these TOS, nor your use of the Products in accordance with the terms herein, has violated or will violate any applicable law and you will not access or use any of the Products to conduct, promote, or otherwise facilitate any illegal activity; (b) you are of legal age, in the jurisdiction in which you reside, to enter into a binding contract (and in any event are older than eighteen (18) years of age); and (c) you have full legal authority without any further action or other party’s consent to enter into and perform this agreement and to give these representations and warranties; if you are an entity, the individual transacting on your behalf is authorized to do so and the entity is duly incorporated or formed, validly existing and in good standing in the jurisdiction where it is incorporated or formed. You also represent and warrant that at all relevant times: (i) your use of the Products is genuine and not the product of any collusive or other anti-competitive agreement and otherwise consistent with any applicable antitrust laws; (ii) you have no knowledge or reason to suspect that the funds used are connected with the proceeds of criminal activity; (iii) you  are not, nor are you owned by, controlled by, or acting on behalf of, any entity or individual that is the subject of economic sanctions, embargoes or other trade restrictions administered or enforced by any governmental authority in any jurisdiction or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury)(a “Restricted Individual”, or a citizen or resident, or otherwise located or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the U.S. (a “Restricted Jurisdiction”); and (iv) you will not use the Products in a way that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States.

12. General Release of Claims. You do hereby irrevocably and unconditionally release, cancel, and forever discharge OTD and its directors, officers, employees, subsidiaries, affiliates, agents, and representatives from any and all claims, complaints, causes of action, demands, damages, obligations, liabilities, losses, promises, agreements, controversies, penalties, expenses, and executions of any kind or nature whatsoever, whether known or unknown, actual or potential, whether arising in law or in equity, which you may have, may have had, or may in the future obtain, arising out of or relating to any acts, omissions, agreements, or events relating in any manner to the Products, except for the right to enforce these TOS. Without limitation on the foregoing, you have been made aware of, fully understand, and expressly, knowingly, and intentionally waive any and all rights, benefits, and other protections afforded by Cal. Civ. Code § 1542  which states “a general release does not extend to claims that the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the released party” and of any other analogous federal or state statute or common law principle that limits the scope of a general release.

13. Indemnification. You agree to defend, indemnify on demand and keep OTD and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, members, providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from (a) your use of or reliance on the Products or any services, content, functions, information, materials, or products available through the Products, (b) your placement or transmission of any transaction, message, content, information, software or other materials through the Products, or (c) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these TOS. 

14. Disclaimer of Warranties. The Products are provided on an “As Is” and “As Available” basis without any guarantee, representations or warranties by us. You should not take, or refrain from taking, any action based on any information contained at ownthedoge.com, or any other information that we make available at any time, including blog posts, data, articles, links to third-party content, discord or telegram content, news feeds, tutorials, tweets, and videos. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource. Each of the Products is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how any of our Products will operate with any specific wallet. We have no information about transactions beyond what is publicly available via the blockchain. Transactions using blockchains may require the payment of gas fees, which are essentially network transaction fees paid on every transaction that occurs on the selected blockchain network, and are non-refundable. The Products are hosted on a decentralized and distributed network protocol allowing for the storage and retrieval of files in a peer-to-peer manner, utilizing a distributed network of computers rather than relying on a central server, meaning the files are not stored in a single location but are instead spread across multiple nodes. We offer the Products as a convenience. Broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, for example, in relation to accessing the Products and in maintaining continuity of such access. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, AND MATERIALS AVAILABLE THROUGH THE PRODUCTS ARE PROVIDED ON AN “ AS IS ” AND “AS AVAILABLE ” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (I) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INTERFACE OR ANY PRODUCTS, AND (II) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO THE INTERFACE AND PRODUCTS.

THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT:

(A) THE PRODUCTS OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, OR MATERIALS AVAILABLE THROUGH THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY PRODUCTS AVAILABLE WILL MEET YOUR EXPECTATIONS;

(B) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE;

(C) THE PRODUCTS OR ANY SERVICES, CONTENT, FUNCTIONS, OR MATERIALS AVAILABLE THROUGH THE PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED; OR

(E) THE PRODUCTS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE,  WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THESE TOS, (B) THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS OR THE CONTENT, MATERIALS, INFORMATION, OR FUNCTIONS AVAILABLE THROUGH THE PRODUCTS, (C) YOUR PROVISION OF INFORMATION VIA THE PRODUCTS; (D) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE PRODUCTS; (E) ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PRODUCTS, OR (F) LOST PROFIT, BUSINESS OR SALES, EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

• Acknowledgement and Acceptance of Risk.

(a) Inherent Risks of Smart Contracts and Blockchain Technology. Where a transaction involves assets and activities memorialized on the blockchain, certain related activities utilize experimental smart contract and blockchain technology. You represent and warrant that you are knowledgeable, experienced and sophisticated in using blockchain technology and that you acknowledge, understand and are willing to accept the risks associated with related technological and cryptographic systems such as blockchains, smart contracts, consensus algorithms, cryptocurrencies, and decentralized or peer-to-peer networks and systems. You further acknowledge and agree that such technological and cryptographic systems (inclusive of the examples listed in the preceding sentence) may be subject to malfunctions, bugs, timing errors, hacking and theft, changes to the protocol rules of the blockchain (i.e., “forks”), hardware, software and/or Internet connectivity failures, unauthorized third party data access, and other technological risks, any of which can adversely affect the relevant smart contracts and may expose you to a risk of loss, forfeiture of your digital currency. You accept the inherent security risks of providing information and conducting business over the Internet and acknowledge that Doge Foundation assumes no liability or responsibility for any such failures, risks, or uncertainties, nor for any communication failures, disruptions, errors, distortions or delays you may experience when using the Products, however so caused. You acknowledge that the Products are subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Products. The Products may experience or be the target of sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Products.

(b) Acknowledgement of the Volatility of the Valuation of Blockchain Assets. You acknowledge and agree that the prices of blockchain assets are extremely volatile and unpredictable, that such assets may have no or little inherent or intrinsic value and that fluctuations in the price or markets of those or other digital assets could materially and adversely affect value. 

(c) Risks and Limitations of the Products. You accept and acknowledge that (i) we do and will rely on third-parties in the operation of the Products, and for support in the facilitation of transactions, the recording of any transfer in the decentralized ledger within the blockchain, and other assistance, tasks and support relating to the operation and administration of the Products; and (ii) the applicable regulatory landscape governing blockchain technologies, cryptocurrencies, and other digital assets is uncertain, and new regulations or policies may materially adversely affect the development of the Products, as well as interfere with our ability to operate or improve upon the Products (or your ability to access or use the Products or applicable smart contracts).

(d) No Implicit Endorsements. You acknowledge that reference on or in the Products to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us, and that we do not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties (including third party sites).

(e) No Investment Advice.  We may provide information about digital assets on or in our Products, including but not limited to rarity scores, digital asset explorers, digital asset lists, or warning labels for certain digital assets. You acknowledge that any information provided on or in our Products is purely for informational purposes only and: (a) is not to be construed as investment advice or a recommendation that a particular digital asset is a safe or sound investment; (b) is not a solicitation of any digital asset transaction; and (c) does not attempt to induce or influence you to make any transactions or take any actions as a result of the information provided. You should not take or refrain from taking any action based on any information contained on or in any of the Products. By providing digital asset information for your convenience, we do not make any investment recommendations to you or offer any opinions on any transaction or opportunity.  You alone are responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.

(f) Acknowledgement of Responsibilities for Transaction Outcomes. You acknowledge and agree that the use of the Products, including the locking of DOG, may carry financial risk, and that the risk of loss may be substantial. All transaction decisions are made solely by you and you have not received any investment advice from us in connection with any transactions. By using the Products, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You acknowledge and assume the risk of initiating, interacting with and participating in transactions via the Products, in whatever means effectuated thereby, and take full responsibility and liability for the outcome of any transaction you initiate (regardless of whether the smart contracts, the Products, other market participants or other users behave as expected or intended) and all other aspects of your use of and access to the Products. Under no circumstances will the operation of all or any portion of the Products be deemed to create a relationship that includes the provision or tendering of investment advice.

(g) Local Standards. You acknowledge that the Products and the content, materials, information, or functions available through the Products may not be appropriate for use in all locations. Persons who choose to access the Products do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

17. Governing Law, Dispute Resolution and Class Action Waiver. 

(a) Governing Law. These TOS and the relationship between you and us shall be governed by and construed in accordance with the laws of the Cayman Islands applicable to contracts entered into and performed in the Cayman Islands by residents thereof; provided that all provisions hereof related to arbitration shall be governed by and construed in accordance with the International Centre for Dispute Resolution in accordance with its International Expedited Procedures to the extent provided above.

(b) Dispute Resolution. We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to legal@ownthedoge.com so that we can attempt to resolve it without resorting to formal dispute resolution. If we are not able to reach an informal resolution within sixty (60) days of your email, then you and we both agree to resolve the potential dispute according to the process set forth herein. Any claim or controversy arising out of or relating to the use of our Interface, other Products, these TOS, or any other acts or omissions for which you may contend that we are liable, including, but not limited to, any claim or controversy as to arbitrability (“dispute”), shall be finally and exclusively settled by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures. You understand that you are required to resolve all disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator. The place of arbitration shall be the Cayman Islands, or a virtual hearing conducted with video (e.g., via Zoom). The language of the arbitration shall be English. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim by law or equity must proceed in court rather than in arbitration you agree to waive any right to a jury trial and any claim may be brought only in the Cayman Islands. 

(c) Class Action and Jury Trial Waiver. You must bring any and all disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury. You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these TOS by sending written notice of your decision to opt-out to legal@ownthedoge.com. The notice must be sent to us within thirty (30) days of agreeing to these TOS (or if this Section pertaining to arbitration is materially amended hereafter, within 30 days of such amendment being effective), otherwise you shall be bound to arbitrate disputes in accordance with these TOS, and the notice must specify your name and mailing address.

18. Termination. Notwithstanding anything to the contrary set forth in these TOS, we may terminate access to all or any part of the Products at any time, and/or block or prevent future access to and use of the Products, in each case with or without cause, with or without notice and without attendant liability, effective immediately. Upon any termination, all rights and obligations of the parties hereunder shall cease and you shall immediately cease using the Products, except that (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of these TOS shall survive and (b) the provisions of these TOS that by their nature are intended to survive termination shall so survive.

19. Injunctive Relief. You agree that a breach of these TOS will cause irreparable injury to Doge Foundation for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. You are not entitled to seek equitable relief.

20. Severability. Wherever possible, each provision of these TOS shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these TOS shall be prohibited by or invalid under applicable law, such provision shall be deemed modified to the extent necessary to make it enforceable under applicable law. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of these TOS, but these TOS shall be construed as if such unenforceable provision had never been contained herein.

21. Assignment. We have the unrestricted right to assign these TOS, and/or any of the rights granted hereunder, in whole or in part, to any entity as we may determine from time to time in our sole discretion. You may not assign these TOS.

22. Miscellaneous. We both agree: (a) these TOS incorporate the applicable Privacy Policy and any other terms applying to your use of the Products by reference; (b) captions are inserted for reference and convenience only and in no way define, limit, or describe the scope of these TOS or intent of any provision; (c) a waiver by us of any term or condition of these TOS in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or any subsequent breach thereof; (d) these TOS shall not give any right or remedy to any third party whatsoever unless said right or remedy is specifically granted by us in writing to such third party; (e) these TOS contain our entire understanding relating to the subject matter hereof; (f) these TOS cannot be changed except by written agreement signed by us; (g) we may from time to time in the future offer additional products, and such additional products shall be considered Products as used herein, regardless of whether such product is specifically defined in these TOS and (h) we reserve the following rights, which do not constitute obligations of ours: (i) with or without notice to you, to modify, substitute, eliminate or add to any of the Products; (ii) to review, modify, filter, disable, delete and remove any and all content and information from any of the Products.

23. Further Inquiries. You may direct questions about these TOS, or other issues, to: 

Doge Foundation 

Cricket Square

Hutchins Drive 

PO Box 2681

Grand Cayman, KY1-1111, Cayman Islands 

legal@ownthedoge.com 

Last Modified: April 9, 2024