Effective July 11, 2021.
Please read these Terms carefully before using the Site. These Terms apply to any person accessing the Site and by using the Site you agree to be bound by them. If you don’t want to be bound by them, you should not access the Site. By using the Site in any capacity, you agree that you have read and understood these Terms.
Please read these Terms carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
You must be able to form a legally binding contract online either as an individual or on behalf of a legal entity. You represent that, if you are agreeing to these Terms on behalf of a legal entity, you have the legal authority to bind the company or other legal entity to these Terms and you are at least 18 years old or the age of majority where you reside, whichever is older, can form a legally binding contract online, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms.
You are advised to check these Terms periodically to familiarise yourself with any changes to the Terms. Harpie in its sole discretion, reserves the right to make changes to our terms of services. Changes are binding on users of the Site and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to our terms of service and your continued use of the Site shall constitute acceptance of any such changes, variations, or modifications.
Harpie will indicate on the Site of the changes to these Terms. You accept by doing so, we provide you with sufficient notice of such change.
Access to the Site is provided “as is” and “as available” basis only. We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or because we are carrying out planned maintenance.
We reserve the right to limit the availability of the site to any person, geographic area or jurisdiction we so desire and/or to terminate your access to and use of the site, at any time and in our sole discretion.
We may suspend or disable your access to the Site if we consider it reasonable to do so, e.g. you breach these Terms.
We may remove or amend the content of the Site at any time. However, some of the content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
We will not be liable to you for any loss or damage you may suffer as a result of the Site being unavailable at any time for any reason.
You will comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the site.
As a condition to accessing or using the the Site, you:
As a condition to accessing or using the Site or the Services, you will not:
You acknowledge that the Site and your use of the Site contain certain risks, including without limitation the following risks:
Accordingly, you expressly agree that:
Harpie interacts with Ethereum wallets (“Digital Wallets”) that can store a variety of tokens. Harpie specifically interacts with tokens that follow the ERC-20 protocol (“Digital Currency”). Title to Digital Currency shall at all times remain with you and shall not transfer to Harpie. As the owner of Digital Currency in your Digital Wallet, you shall bear all risk of loss of such Digital Currency. Harpie shall have no liability for Digital Currency fluctuations. None of the Digital Currencies in your Digital Wallet are the property of, or shall or may be loaned to, Harpie; Harpie does not represent or treat assets in User’s Digital Wallets as belonging to Harpie. Harpie may not grant a security interest in the Digital Currency held in your Digital Wallet. Harpie will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Currency in your Digital Wallet unless explicitly instructed by you. Harpie encrypts business-essential information using answers to your security questions (“Security Question Answers”) during the signup process. Harpie does not store or otherwise have access to your Security Question Answers. In no way can Harpie recover your Digital Currency without your Security Question Answers. Harpie shall not be liable for any loss of Digital Currency in your Digital Wallet due to loss or mishandling of your Security Question Answers.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Harpie. Always log into your Harpie Account(s) through the Harpie Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
IN NO EVENT SHALL HARPIE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE AMOUNT OF THE FEES PAID OVER THE ENTIRETY OF YOUR MONTHLY SUBSCRIPTIONS IN YOUR HARPIE ACCOUNT(S) OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY 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 HARPIE SITE OR THE HARPIE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HARPIE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF HARPIE’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT HARPIE HAS FAILED TO COMPLETE A CRYPTOCURRENCY RECOVERY THAT WAS REQUESTED, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE AMOUNT OF FEES PAID OVER THE ENTIRETY OF YOUR MONTHLY SUBSCRIPTIONS IN YOUR HARPIE ACCOUNT(S) AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE TOTAL AMOUNT OF FEES PAID OVER THE ENTIRETY OF YOUR MONTHLY SUBSCRIPTIONS IN YOUR HARPIE ACCOUNT(S) IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE HARPIE 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, HARPIE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 9.3 are intended to apply only to the extent permitted under New Jersey law.
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.