Temple Digital Group Inc. (“Temple,” “we,” “us,” or “our”) provides Services (as defined below) to you (“you” or “User”) through its platform available at https://templedigitalgroup.com (the “Platform”).
These Terms of Service (“Terms”) govern your use of the Platform, including any content, functionality, and services offered to you on or through the Platform (the “Services”), whether as a guest or a registered user.
For purposes of these Terms: (a) "Brale" means Brale Inc., a third-party service provider that facilitates cross-chain stablecoin transfers; and (b) "USDC to Canton Coin bridge" means the cross-chain transfer service provided by Brale that enables users to move USDC between supported blockchains and Canton Coin.
BY ACCESSING THE PLATFORM IN ANY MANNER, INCLUDING BY VISITING THE WEBSITE, CONNECTING YOUR WALLET TO THE PLATFORM, OR OTHERWISE USING OR ACCESSING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE PLATFORM OR USE THE SERVICES.
By agreeing to these Terms, you also certify that you are at least 18 years of age.
Not Registered with the SEC or Any Other Agency
We are not registered with the U.S. Securities and Exchange Commission in any capacity. You understand and acknowledge that we do not broker trading orders on your behalf. We also do not facilitate the execution or settlement of your trades, which occur entirely on blockchains. As a result, we do not (and cannot) guarantee market best pricing or best execution through the Services. Any references to “best price” or similar language does not constitute a representation or warranty about pricing.
Modification
Temple reserves the right to change and modify these Terms at any time and at our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes to you, for example, by providing notice through the Platform or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Platform, you confirm your acceptance of the revised Terms, effective as of the date these Terms are updated. It is your sole responsibility to review the Terms upon being notified of a change and from time to time and to ensure that you understand the terms and conditions that apply when you access or use the Platform.
Services
Certain Services are available to you if you simply visit the Platform, others are accessible only if you have created an Account (as defined below) and/or connected a compatible digital wallet to the Platform (“Wallet”).
You understand and agree that the Platform is constantly being developed and modified by Temple to adjust to the rapidly developing web3 environment and commercial reality. Temple may use third-party service providers, such as Brale, to facilitate certain Services, including cross-chain stablecoin transfers like the USDC to Canton Coin bridge. Temple does not guarantee the availability of any Service provided or advertised at any point and reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree that Temple will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
Temple does not make any representation or guarantee that any user of the Platform will achieve any particular outcome because of using the Services.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for legitimate business purposes or your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
To the extent that you use the Platform for commercial purposes, access or use of any part of the Platform or any Services or materials available through the Platform must be limited to legitimate business needs and considerations as related to your role as a potential or current supplier, distributor, or customer of Temple.
Additional terms and conditions may apply to specific portions, Services, or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms. In the event of a conflict, any supplemental terms and conditions, and additional disclosures and disclaimers will govern for those portions, Services, or features of the Platform.
Purpose
The Platform is for informational or functional purposes only. None of the content contained on the Platform constitutes a solicitation, offer, opinion, or recommendation by Temple to buy or sell any securities, other financial instruments, or digital assets, or to provide legal, tax, accounting or investment advice or services regarding the suitability or profitability of any security or investment. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance placed on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor of the Platform, or by anyone who may be informed of any of its contents.
The Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Temple, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Temple. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Account
To access the Platform and the Services, you may be asked to provide certain registration details and other information, create an account on the Platform (“Account”) and connect your Wallet to your Account. It is a condition for your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register on the Platform or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided a username, password, or any other piece of information as part of the Services, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your Account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username, password, Account, or any other information. You agree to notify us immediately of any unauthorized access to or use of your username, password, or Account, or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any Account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
KYC/KYB Verification Process
Establishing and maintaining an Account and obtaining access to our Services is conditional upon the successful completion of our Know Your Customer (KYC) and/or Know Your Business (KYB) verification procedures.
You must provide accurate and complete information and documentation to enable us and Persona, our third-party service provider, to conduct the required KYC/KYB checks as well as any applicable Anti-Money Laundering (AML) screenings.
We reserve the right to refuse, suspend, or terminate access to the Services, or to freeze or close any Account, at any time, if we determine, at our sole discretion, that:
Any transaction or activity associated with the Account meets the criteria for a Suspicious Activity Report (SAR) under applicable U.S. laws and regulations, or an equivalent Suspicious Transaction Report (STR) under applicable foreign AML laws; or
You fail any required AML screening, including but not limited to appearing on a Sanctions Designated Nationals (SDN) list, being identified as a Politically Exposed Person (PEP), or failing other risk-based compliance checks.
Where required by law, SARs or STRs may be filed with the relevant governmental or regulatory authorities. You acknowledge and agree that we may be legally prohibited from disclosing the filing or existence of such reports to you or to any other party.
Taxes
You are responsible for all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Services or the Platform (including, without limitation, any taxes that may become payable as a result of your ownership, transfer, purchase, or sale of assets).
Temple Intellectual Property Rights
You acknowledge and agree that Temple (or, as applicable, its licensors) owns all intellectual property rights, title, and interest in and to the technology and content underlying and constituting the Platform and the Services (“Temple IP”).
You acknowledge and agree that the Services, including their look and feel (for example, text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information, and other materials, and all content and other materials contained therein, including, without limitation, the Temple logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof (“Services Content”) are the proprietary property of Temple, and you agree not to take any action(s) inconsistent with such ownership interests.
Except as expressly authorized by Temple, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part. Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited.
Temple’s name and logos are trademarks and service marks owned by Temple (collectively, the “Temple Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Temple. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Temple Trademarks without Temple’s prior written permission in each instance. All goodwill generated from the use of Temple Trademarks will inure to our exclusive benefit.
No Investment Advice; Investment Risks
The information on the Platform and any information provided in connection with the Services are provided to users of the Platform only and for information only, and do not constitute, and should not be construed as, investment advice or a recommendation to buy, sell, or otherwise transact in any asset, including any products or services, or an invitation, offer or solicitation to engage in any investment activity with respect to any asset.
The information on the Platform and any information provided in connection with the Services are provided solely on the basis that you will make your own decisions. Temple does not take account of your interests, investment objectives, particular needs, or financial situation.
In addition, nothing on the Platform and no information provided in connection with the Services constitute financial, legal, accounting, or tax advice. It is strongly recommended that you seek professional investment advice before making any investment decision. Any investment decision that you make should be based on an assessment of your risks in consultation with your investment adviser.
Risks
Please note the following risks related to accessing, purchasing, selling, or using digital assets:
The prices and liquidity of digital assets are extremely volatile and may be subject to large fluctuations. Fluctuations in the prices of digital assets could materially and adversely affect Temple.
Temple does not make any representations or warranties about third-party content visible on the Platform, including any information about digital assets. You are responsible for verifying the legitimacy, authenticity, and legality of the digital assets that you purchase on the Platform.
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. Transfers of digital assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability of any digital asset, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding any digital asset, including the suitability and appropriateness of any digital asset, or investment strategies in connection with any digital asset.
You understand and agree that Temple will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Services or engaging in a transaction on the Platform, however caused, including those caused by third-party service providers like Brale. Temple does not control the operations of Brale or similar third-party providers and cannot guarantee the outcomes of transactions facilitated through them.
You understand and agree that you access and use the Services at your own risk.
Restrictions
You agree that you will not, and will not permit any third party to, do or attempt to do any of the following without Temple’s express prior written consent in each case:
interfere with or disrupt the Services or servers or networks connected to the Services in any manner that could negatively affect or inhibit other users of the Platform from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
violate any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control, or which would involve proceeds of any unlawful activity;
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
use the Services, Platform, or Temple IP to advertise or offer to sell or buy any goods or services for any purpose that is not specifically authorized herein;
use the Services, Platform, or Temple IP to further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;
unless expressly otherwise permitted on the Platform, use the Services, Platform, or Temple IP to carry out financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, or debt instruments;
use any illustrations, photographs, video or audio sequences, or any graphics separately from the Platform page on which they were originally found;
use, distribute, or republish market data published on the Platform, which is displayed on the Platform for informational purposes only; and
publicly share any information provided to you via the Services.
Prohibited Activity
You will not use the Services, the Platform, or Temple IP to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Platform:
Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks.
Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as “rug pulls”, pumping and dumping, and wash trading.
Securities and Derivatives Violations. Activity 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 U.S.
Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from the Platform.
Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable.
Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the U.S. or another relevant jurisdiction, including, but not limited to, the restrictions and regulatory requirements imposed by U.S. law.
Privacy
Our Privacy Policy is a part of these Terms. Please review the Privacy Policy, which also governs the Services and informs users of the Platform of our data collection practices.
Disclaimer of Warranties
YOUR USE OF THE PLATFORM AND THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY TEMPLE, THE SERVICES, SERVICES CONTENT, AND TEMPLE IP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TEMPLE AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, REPRESENTATIVES, DIRECTORS, AND AGENTS (COLLECTIVELY, “REPRESENTATIVES”) MAKE NO WARRANTY THAT (I) THE PLATFORM AND THE SERVICES (INCLUDING ANY SERVICES FACILITATED BY THIRD PARTIES SUCH AS BRALE FOR THE USDC TO CANTON COIN BRIDGE) WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF THE PLATFORM, THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. TEMPLE DOES NOT CONTROL THE OPERATIONS OF BRALE OR ANY OTHER THIRD-PARTY PROVIDER AND DOES NOT GUARANTEE THE OUTCOMES OF TRANSACTIONS FACILITATED BY THEM, INCLUDING THE USDC TO CANTON COIN BRIDGE.
TEMPLE AND ITS REPRESENTATIVES WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED IN THE SERVICES. TEMPLE DOES NOT REPRESENT OR WARRANT THAT CONTENT PROVIDED VIA THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Liability Limitation
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TEMPLE OR ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE PLATFORM, THE SERVICES, SERVICES CONTENT, TEMPLE IP, OR THIRD PARTY PLATFORMS AND PRODUCTS (INCLUDING, WITHOUT LIMITATION, RISKS ASSOCIATED WITH OPERATIONAL AND COMPLIANCE FAILURES OF THIRD-PARTY SERVICE PROVIDERS SUCH AS BRALE IN FACILITATING THE USDC TO CANTON COIN BRIDGE), OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM, THE SERVICES, SERVICES CONTENT, TEMPLE IP, OR THIRD-PARTY PLATFORMS AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF TEMPLE OR ANY OF ITS REPRESENTATIVES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE PLATFORM, THE SERVICES, SERVICES CONTENT, OR TEMPLE IP EXCEED $100.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, TEMPLE IP, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF ANY PORTION OF THIS LIABILITY LIMITATION SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OR COUNTRY OF YOUR RESIDENCY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS, WHICH SHALL BE APPLICABLE TO THE BROADEST EXTENT POSSIBLE UNDER THE LAWS OF THAT STATE OR COUNTRY.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Temple and its Representatives (collectively, the “Indemnitees”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of, or are related to (a) your use or misuse of the Platform, the Services, the Services Content, or Temple IP, (b) your violation of these Terms, or (c) your violation of the rights of a third party, including another user of the Platform. You agree to promptly notify Temple of any third-party Claim and cooperate with the applicable Indemnitee in defending such Claim. You further agree that the Indemnitees have the right to control the defense or settlement of any third-party Claim.
Third-Party Links
The Platform may contain links to third-party websites or services that are not owned or controlled by Temple. Temple assumes no responsibility for the content, privacy policies, or practices of any third-party website or service. You acknowledge and agree that Temple will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused to you by or in connection with your use of or reliance on any such website or service.
Please read the terms and conditions and privacy policy of each third-party website and service that you use.
Termination
You agree that Temple, in its sole discretion, may suspend or terminate your use of the Services if Temple believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice and acknowledge and agree that Temple may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Platform. Further, you agree that Temple will not be liable to you or any third party for any termination of your access to the Platform or Account deactivation or deletion.
Temple may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS TEMPLE, ITS LICENSEES, AND ITS SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Disputes
You agree that you are solely responsible for your interactions with any other user of the Platform in connection with the Services, and Temple will have no liability or responsibility with respect thereto. Temple reserves the right but has no obligation, to become involved in any way with disputes between you and any other user of the Platform.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes and claims that have arisen or may arise between you and Temple, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, the Platform, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify.
Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Temple are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND TEMPLE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TEMPLE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution
Temple is always interested in resolving disputes amicably and efficiently, and most users’ concerns can be resolved quickly and to the user’s satisfaction by emailing us at [email protected]. You must always reach out to us first to engage in good-faith efforts to resolve disputes before initiating arbitration or small claims court proceedings.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Temple should be sent by certified mail to Temple Digital Group Inc. at 228 Park Ave S, New York, NY 10003, USA (“Notice Address”). The Notice to you will be sent via email or any other means possible. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Temple and you do not resolve the claim within 60 calendar days after the Notice is received, you or Temple may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Temple or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Temple is entitled.
Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules, if applicable, (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website at http://www.adr.org.
Information about the AAA Rules and fees for consumer disputes can be found on the AAA’s consumer arbitration page at https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Temple and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Temple agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement.
Confidentiality
All aspects of the arbitration proceedings, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
Future Changes to the Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, Temple agrees that if it makes any change to this Arbitration Agreement (other than a change to the Notice Address), you may reject such change by sending Temple a written notice within 30 calendar days of the change to the Notice Address. By rejecting any change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Notice for California Users Under California Civil Code Section 1789.3
Users from California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or 1-800-735-2929 (TTY). You may contact Temple at [email protected].
Severability
If any provision of these Terms is found by a court of competent jurisdiction or an arbitrator to be invalid, the parties agree that the court or the arbitrator, as applicable, should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
Assignability
You may not assign these Terms without the prior written consent of Temple, but Temple may assign or transfer these Terms, in whole or in part, without restriction.
Governing Law
These Terms will be governed by the laws of the State of New York without giving effect to their principles of conflicts of law. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Temple submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York.
If you access or use the Platform outside of the U.S., you are responsible for ensuring that your access and use of the Platform in such country, territory, or jurisdiction does not violate any applicable laws.
Miscellaneous
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You may be subject to additional terms and conditions that may apply when you use affiliate or third-party services (such as those provided by Brale for the USDC to Canton Coin bridge), third-party content, or third-party software. The failure of Temple to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or the Platform, or these Terms, must be filed within one year after such claim or cause of action arose or be forever barred.
A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via email. If you do not provide us with an email address, notices will be made in any way reasonably possible. Temple may also provide notices to you regarding changes to these Terms or other matters by displaying notices or links to notices generally on the Platform.
The Privacy Policy and all the additional terms, guidelines, and rules as set forth on the Platform are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by you.