TERMS OF SERVICE

Updated: Aout 21, 2023 

1. Project Overview

The terms and conditions stated below create a legally binding agreement (along with any incorporated terms and conditions mentioned here, known as the “Agreement” or “Terms”) between you (referred to as “you”, “your”, or “user”) and OddSturgeon, LLC, the sponsor of the OddSturgeon NFT Project (“OddSturgeon”, “we”, “us”, or “our”). These terms govern your engagement with the OddSturgeon NFT collection, as defined below. By entering into this Agreement, participating in activities like minting, purchasing, or selling OddSturgeon NFTs (whether directly from us or in reselling), using our website, engaging in the OddSturgeon Discord server, or participating in the broader Project (as defined later), you explicitly acknowledge that you comprehend this Agreement and agree to all its conditions. If you disagree with the terms outlined in this Agreement, you should refrain from using our website or engaging in the Project.

PLEASE READ SECTION 14 OF THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.

The OddSturgeon NFT Project encompasses a diverse collection of OddSturgeon NFTs (each referred to as an “OddSturgeon NFT”). These NFTs run on the Ethereum network and are mentioned on our website, both now and in the future.

If you have any inquiries regarding these Terms, don’t hesitate to contact us via email at legal@oddsturgeon.com. Additionally, if you access any OddSturgeon-related sites on social media platforms (such as Facebook, Twitter, Discord, or Instagram), you are also giving your consent to and agreeing to adhere to the terms and conditions of those particular social media platforms.

2. Our NFT Drop

(a) OddSturgeon NFTs are created using a smart contract on the Ethereum Blockchain, a digital ledger that records transactions. These NFTs are stored on the Ethereum Blockchain, and we use smart contracts to enable buying, claiming, selling, and exchanging of OddSturgeon NFTs. You should be aware that certain information, such as your cryptocurrency wallet address and transactions, may be publicly visible on the Ethereum Blockchain. You can transfer your OddSturgeon NFTs between different cryptocurrency wallet addresses.

(b) At specific times determined by us, we’ll make OddSturgeon NFTs available for purchase or claiming through our website. The price of each OddSturgeon NFT will be stated in ETH, as determined by us. However, we can’t guarantee that you’ll be able to buy an OddSturgeon NFT at your preferred time, and we reserve the right to change the types, prices, and numbers of NFTs available.

(c) OddSturgeon NFTs are directly added to the cryptocurrency wallet you used to pay in ETH on our website. We don’t keep your NFTs or take ownership of them. If you choose to buy an OddSturgeon NFT outside of our website, it’s solely at your own risk.

(d) We may allow you to change your OddSturgeon NFT’s information or make changes ourselves. These changes might affect the artwork, abilities, or traits of your NFT, potentially impacting its rarity and value. You accept the risks associated with these changes, and we’re not liable for any related issues.

(e) Make sure your cryptocurrency wallet has enough ETH to cover your purchase and any Gas Fees.

(f) You can sell, trade, or distribute your OddSturgeon NFT on third-party platforms known as Secondary Marketplaces, where NFTs are bought and sold. Note that not all Secondary Marketplaces may work with OddSturgeon NFTs, and we can’t guarantee their availability or functionality.

(g) This Agreement only covers your use of our website and doesn’t apply to other websites or services, like Secondary Marketplaces. Links to these Third-Party Sites are for convenience and don’t mean we endorse them. We’re not responsible for any damage or loss caused by using Third-Party Sites.

(h) We’re not involved in transactions on Secondary Marketplaces for NFTs purchased through our website. We’re not responsible for any losses you incur through these transactions.

(i) We offer experiences on social media platforms that allow sharing and collaboration. Any content you post is subject to those platforms’ terms and privacy policies. We don’t control these platforms.

(j) Transactions on the Ethereum Blockchain require a “Gas Fee.” You’ll need to pay a Gas Fee for each OddSturgeon NFT purchase through our website or when transferring via a secondary marketplace. Gas Fees are for network maintenance and aren’t paid to OddSturgeon.

(k) You’re responsible for paying any taxes related to your use of our website. You’ll also need to pay any Transaction Fees associated with selling your NFT through a secondary marketplace. These fees are collected via smart contracts on the Ethereum Blockchain.

(l) Selling your OddSturgeon NFT through a secondary marketplace incurs a Transaction Fee determined by us, which will be deducted from your sale proceeds.

(m) Our Project’s Roadmap outlines future milestones. We’ll try to achieve them, but there’s no guarantee. We might delay or change milestones at our discretion due to industry changes or regulatory reasons.

(n) OddSturgeon NFTs are meant for fun and collecting; they’re not investment vehicles. We can’t guarantee their future value, and they might be worth nothing. Your purchase is solely for the art, and any future benefits are not guaranteed.

3. Content

(a) Intellectual Property Rights: When you use our Site and participate in the Project, you are acknowledging and agreeing that OddSturgeon NFTs and all related content, including photos, computer code, smart contract code, media, audio or video, graphics, webinars, training materials, products, services, and other information on our Site, are protected by copyright laws. This content is either owned by or licensed to OddSturgeon, LLC (referred to as “Content”). Trademarks, service marks, and trade names (collectively referred to as “Marks”) are owned by OddSturgeon, LLC or other entities that have given OddSturgeon, LLC permission to use them. We reserve all rights that are not explicitly granted to users.

(b) No Refunds: All purchases of OddSturgeon NFTs and associated charges are non-refundable, regardless of situations such as discontinuation of NFT use or interruptions in NFT operations.

(c) License

• Personal Use License: As long as you adhere to these Terms, we grant you a non-exclusive, royalty-free, global license to use, copy, and display your OddSturgeon NFT exclusively for personal, non-commercial purposes. This encompasses using the NFT on a marketplace that verifies ownership rights, or on third-party platforms that also verify ownership rights and remove the art when the owner leaves.
• Commercial Use License: By complying with these Terms, you receive a non-exclusive, royalty-free, global license to use, copy, and display the OddSturgeon NFT for the purpose of creating derivative works (“Commercial Use”). This includes producing and selling merchandise that features the NFT’s artwork, making digital derivatives or other NFT representations of the NFT, and selling printed copies of the NFT. Note that individual elements of the NFT cannot be used or altered separately.

(f) License Termination: The license we grant you will automatically terminate if you sell, trade, transfer, or otherwise dispose of your OddSturgeon NFT; breach the Agreement; become insolvent; engage in unlawful business practices related to the NFT; or initiate legal actions against OddSturgeon, LLC.

(g) OddSturgeon IP: Apart from NFT rights, you do not gain rights to other trademarks or intellectual property owned by OddSturgeon, LLC. We retain the right to use, copy, and display individual OddSturgeon NFTs for our purposes.

(h) Feedback: Any feedback you provide about the Site or the OddSturgeon NFT project can be used by us without additional compensation. You grant us a perpetual, irrevocable, non-exclusive, global license to utilize this feedback.

(i) Third-Party Content: Our Site contains content we generate and content from third parties. We are not responsible for the accuracy of third-party content. Links to other sites are not endorsements, and we are not responsible for their content.

(j) Third-Party Services: Third parties offering services through the Site may require you to agree to their terms. We are not liable for their actions, terms, or any losses you may incur.

(k) Security: You agree not to circumvent security features on the Site or interfere with content use or copying. Data mining, scraping, or similar methods are prohibited.

4. Representations and Warranties

(a) You are not from a restricted jurisdiction or a place where using the Site would be illegal. You are not a citizen of or located in specific countries like Cuba, Iran, etc., and you are not on the U.S. Treasury’s list.

(b) You comprehend the technical aspects of the transactions you participate in on the Site and have knowledge about blockchain technology, NFTs, digital assets, and cryptocurrencies.

(c) You are informed about the risks, laws, and implications of acquiring NFTs and accept all financial risks connected with it.

(d) By accessing the Site, you confirm that you have read, understood, and agreed to this Agreement and are legally eligible to do so.

5. Restrictions

Your actions on the Site and our Discord are your responsibility, and you’ll bear the outcomes of those actions. You commit to using the Site and our Discord only for lawful and appropriate purposes in alignment with this Agreement and applicable laws. For instance, but not limited to these instances, you must not, and must not allow any third party to:

• (i) Transmit, upload, share, or disseminate content that’s illegal, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or objectionable.
• (ii) Spread viruses, worms, flaws, Trojan horses, corrupt files, hoaxes, or any harmful or deceptive items.
• (iii) Pretend to be someone else.
• (iv) Upload, post, transmit, or make available content that infringes on others’ intellectual property or proprietary rights or breaches legal rights.
• (v) Promote or partake in illegal activities, including money laundering.
• (vi) Disrupt other users’ use of the Site or Discord.
• (vii) Use the Site or Discord for unauthorized commercial purposes.
• (viii) Alter or reverse-engineer any part of the Site or Discord.
• (ix) Erase any copyright, trademark, or proprietary rights notices from the Site or Discord.
• (x) Gather information from the Site or Discord without proper authorization.
• (xi) Develop a competing product or service using the Site or Discord.
• (xii) Use Content in films, videos, or other media, except as explicitly allowed in this Agreement or for your personal, non-commercial use.
• (xiii) Commercialize, sell, or distribute merchandise featuring Content for potential commercial gain.
• (xiv) Try to assert intellectual property rights over any Content.
• (xv) Utilize any Content for your or others’ commercial advantage.

Engaging in any restricted activities could lead to us, at our discretion, suspending or terminating your user account, without notifying you, and without curtailing our other lawful rights and remedies.

6. User Contributions, Content Standards, and Copyright

• User Contributions

The OddSturgeon Project offers interactive features known as “Interactive Services,” allowing users to share content or materials (“User Contributions”) on the Site, OodSturgeon Discord server, and other platforms. All User Contributions must adhere to the Content Standards outlined in these Terms of Service.

Any content you post on the Site is considered non-confidential and non-exclusive. By sharing User Contributions, you grant us, our affiliates, and service providers, as well as their licensees, successors, and assigns, the right to utilize, modify, display, distribute, and disclose this content to third parties for various purposes.

You affirm that:

• You hold all rights to the User Contributions and can grant the mentioned license to us and related parties.
• All your User Contributions abide by these Terms of Service.

You acknowledge your responsibility for User Contributions and recognize that you, not OodSturgeons, are entirely accountable for their legality, accuracy, and appropriateness.

• Monitoring and Enforcement; Termination

We possess the authority to:

• Remove or decline to post any User Contributions as deemed fit.
• Take appropriate actions regarding any User Contribution that violates the Terms, infringes on intellectual property rights, poses a safety threat, or might result in liability.
• Share your information with any third party asserting that your posted content breaches their rights.
• Undertake legal measures, including involving law enforcement, against any unauthorized or illegal Site, Discord, or Social Media Platform use.
• Suspend or terminate your access to sections of the Site, Discord, or Social Media Platforms for any reason, including breaches of these Terms.

We additionally have the right to collaborate with law enforcement authorities or court orders to reveal user identity or information tied to posted materials. You absolve Wagyu Labs LLC and its affiliates, licensees, and service providers from claims arising from actions taken during investigations.

Note that we can’t review content before posting and can’t guarantee rapid objectionable content removal. Consequently, we’re not liable for actions or inactions tied to user or third-party content. We’re not responsible for the performance or nonperformance of these activities.

• Content Standards

These standards apply to User Contributions and the use of Interactive Services. User Contributions must adhere to all applicable laws and regulations and must not:

• Be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, or otherwise objectionable.
• Promote explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe on intellectual property or other rights of any other person.
• Violate others’ legal rights or contain material that could lead to civil or criminal liability under applicable laws.
• Deceive anyone.
• Promote illegal activities or unlawful acts.
• Cause annoyance, inconvenience, anxiety, or upset.
• Impersonate or misrepresent identity or affiliation.
• Involve commercial activities, contests, sweepstakes, sales promotions, advertising, or barter.
• Misrepresent endorsement by us or any other entity.
• Copyright Infringement

Should you believe User Contributions violate your copyright, kindly email legal@oddsturgeon.com for guidance on submitting a notice of copyright infringement. OddSturgeon aims to terminate the accounts of repeated copyright infringers.

7. Disclaimers and Limitation of Liability

• Express Warranties and Site Usage

You clearly understand and agree that your use of the Site, engagement in the Project, and participation on the Ethereum network is solely at your own risk. The Site is provided “as is” and “as available” without any warranties, whether explicit or implied. To the fullest extent permissible by law, we renounce any express warranties and dismiss all implied warranties concerning the Site, Discord, and/or the overall Project, including parts thereof (such as the Site, smart contracts, or external websites). These include, but aren’t limited to, implied warranties of merchantability, fitness for a specific purpose, non-infringement, correctness, accuracy, and reliability. Notably, we, our subsidiaries, affiliates, and licensors don’t guarantee that: (i) your access to or use of the Site meets your needs; (ii) your access to or use of the Site will be uninterrupted, secure, or error-free; (iii) data provided via the Site is accurate; (iv) the Site or any content/feature is virus-free; or (v) disclosed data during Site or Discord use is secure. Some jurisdictions may not allow excluding implied warranties in consumer contracts, hence some or all of the above exclusions might not apply to you.

• Inherent Security Risks and Ethereum Network Usage

You acknowledge inherent security risks in providing info and engaging online, and accept we’re not liable for security breaches unless due to willful misconduct.

• Losses and Ethereum Network

We won’t be accountable for losses resulting from Ethereum network use, and we lack control over and can’t ensure smart contract functionality.

• Limitation of Liability

We won’t be liable to you or third parties for indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, goodwill, data, or tangible losses, even if advised of the possibility.

• Total Liability

Our aggregate liability to you for any claims arising from this Agreement or Site access, whether in contract, tort, strict liability, or other legal theory, is limited to greater of (a) actual payments made under this Agreement in the preceding 12 months, or (b) $500.

• Reliance and Responsibilities

You admit we’ve provided the Site and Discord based on your representations, warranty disclaimers, and liability limitations. Loss of cryptocurrency/NFTs due to Site, Discord, or OodSturgeons’ messaging/Social Media Platform compromise isn’t our responsibility. You’re responsible for independently verifying hyperlink legitimacy.

• Errors and Failures

We’re not responsible for errors/failures in executing OodSturgeons NFT purchases, including due to your non-compliance with instructions, loss of connection (unless our negligence), software/device failures, or other errors/omissions unless our gross negligence is involved.

• Legal Compliance and Site Information

OodSturgeons NFTs might not be appropriate or legal outside the U.S. You must follow import/export laws of relevant jurisdictions. The information on the Site, compiled by OddSturgeon, might be incomplete, erroneous, or outdated.

8. Assumption of Risk

• NFT Price Volatility and Value

Please be aware that NFT prices are highly volatile, and fluctuations in the values of other NFTs and/or cryptocurrencies can impact your NFT’s value. NFTs lack intrinsic value and must NOT be considered investments. Ethereum-based NFTs might lose value or become obsolete. We cannot assure purchasers of OddSturgeon NFTs that their original value will be maintained, as their worth is inherently subjective, and external factors beyond the site’s control could significantly affect their value and desirability.

• Risks Related to NFT Ownership and Use

By purchasing, holding, and utilizing an OddSturgeon NFT, you explicitly acknowledge and assume all associated risks, including (but not limited to): forgotten passwords, inability to access your digital wallet, errors in transaction details, mistakes in sending or receiving OddSturgeon NFTs or cryptocurrencies, errors in the NFT minting smart contract, errors in the NFT itself, mistakes in our site, inability to access or transfer the NFT, difficulties in using, accessing, copying, or displaying any content, blockchain glitches, technical errors, server failures, data loss, telecommunications failures, unfavorable regulatory actions, taxation, uninsured losses, unforeseen risks, value volatility in OddSturgeon NFTs and cryptocurrencies, cybersecurity attacks, vulnerabilities in security, personal information exposure, unauthorized application access, and unauthorized third-party activities, including the introduction of viruses or malicious code, phishing, sybil attacks, 51% attacks, bruteforcing, Ethereum Blockchain protocol rule changes (i.e., “forks”), or other attack methods impacting NFTs or content. If you have questions about these risks, feel free to contact us at [c] legal@oddsturgeon.com.

• Payments and Ethereum Blockchain

Payments on the site are conducted through the Ethereum Blockchain. We possess no control over these transactions and cannot reverse Ethereum Blockchain payments or transactions. You acknowledge that OddSturgeon holds no liability for claims or damages arising from payments not reaching us, including cases where your payment wasn’t correctly processed on the Ethereum Blockchain. Confirming acceptance of your payment for an OddSturgeon NFT is solely your responsibility. We don’t provide refunds for purchases made on or through the site. This no-refund policy remains applicable regardless of whether you decide to discontinue the use of any OddSturgeon NFT purchased through our site, disruptions to NFT components, or any other reasons. Through your continued site use, you expressly release us, as well as any of our affiliates, from liability or responsibility for purchases made by you or someone acting on your behalf regarding your OddSturgeon NFT(s).

• Not an Offering of Securities

Nothing on this site or related to your involvement in the project intends to offer securities in any jurisdiction, nor does it constitute an invitation to purchase shares, securities, or other financial products. Ensuring that the purchase of an OddSturgeon NFT complies with laws and regulations in your jurisdiction remains your sole responsibility.

• Internet-Based Currency Risks

You assume all risks linked to using internet-based currency, including but not limited to hardware, software, internet connection, introduction of malicious software, and the possibility of unauthorized access by third parties to information stored in your wallet.

• Regulatory Uncertainty

NFTs, cryptocurrencies, and blockchain technology are relatively new with an unsettled regulatory landscape. New regulations might negatively impact these technologies, affecting the value of your OddSturgeon NFT. You understand and accept all associated risks and acknowledge that we hold no responsibility to notify you of changes in the regulatory environment regarding NFTs, cryptocurrencies, and blockchain technology.

• Third-Party Transactions and Ethereum Blockchain Disruptions

OddSturgeon isn’t liable for transactions between you and third parties (including but not limited to Third-Party Sites or Secondary Marketplaces) and bears no responsibility in connection with such transactions.

• Ethereum Blockchain Disruptions

You bear all risks for disruptions or other issues on the Ethereum Blockchain that may affect Ethereum or NFT functionality.

• Reliability and Inaccessibility

We cannot represent or warrant that OddSturgeon NFTs, their supporting systems, or technology are reliable, current, error-free, or that defects will be corrected. We’re not responsible if your OddSturgeon NFT or content becomes inaccessible for any reason or for modifications or changes to the NFT or content, including deletions, removals, or inaccessibility on our site or elsewhere.

• Informed Decision and Self-Responsibility

In addition to assuming all mentioned risks, you confirm that you’ve gathered sufficient information to make an informed decision to license OddSturgeon NFTs. You understand and agree that you are solely responsible for evaluating the nature, potential value, suitability, and appropriateness of these risks for yourself.

9. Indemnification and Release

• Indemnification

You commit to protecting, defending, and exempting OddSturgeon and its associates, licensors, suppliers, and sponsors, along with each of their directors, officers, members, shareholders, managers, agents, contractors, partners, advisors, employees, licensors, content creators, and suppliers (collectively referred to as “OddSturgeon Indemnified Parties”) from any claims, liabilities, losses, actual and consequential damages, suits, judgments, litigation costs, and attorney’s fees (collectively referred to as “Liabilities”) arising from or in any way linked to (i) your violation of this Agreement, (ii) misuse of the Site, Discord, or Social Media Platform, (iii) infringement of any intellectual property or other rights of another party, and/or (iv) violation of applicable laws, rules, or regulations in connection with your use of the Site or Discord. This indemnity holds true irrespective of any party’s negligence, including any indemnified individual, and remains effective even after this Agreement’s termination.

• Release of Claims

To the extent allowable by applicable law, you forever release and waive all claims against any OddSturgeon Indemnified Parties for any and all Liabilities of every type and nature stemming from or linked to your use of the Site or purchase of an OddSturgeon NFT. Regarding any claims against OddSturgeon, you agree that: (i) any disputes, claims, and causes of action arising from your use of the Site and/or Discord will be individually resolved, without pursuing class action; and (ii) any claims, judgments, and awards will be limited to actual documented damages and out-of-pocket expenses, excluding attorneys’ fees or litigation costs (such as court filing fees and related expenses).

10. Termination

We retain the sole and absolute discretion to refuse, suspend, limit, or terminate your access to the Site, Social Media Platform, and/or Discord, or any part thereof, without prior notice and for any reason or no reason. You acknowledge that we possess the right, though not the obligation, to suspend or terminate your access to the Site and/or Discord in our sole and absolute discretion: (i) at the request of law enforcement or government agencies; (ii) if the Site or Discord undergo substantial modifications or discontinuation; (iii) when facing technical or security issues; (iv) if your conduct, in our judgment, breaches this Agreement or infringes upon the rights of OddSturgeon or third parties; or (v) following any violation of this Agreement by you. The decision to restrict or terminate your access to the Site and/or Discord, whether ultimately justified or not, will not constitute a breach of this Agreement. The exercise or failure to exercise this right will neither indicate an election of remedies nor limit us in enforcing other available remedies.

11. Modifications

We reserve the right to make changes to these Terms at any time, at our sole and absolute discretion. If modifications are made to this Agreement, we will inform you of these changes through email, notices on our Site, or updates to the date at the top of this Agreement. Changes to this Agreement will become effective on their respective dates, and your continued use of the Site or Discord after such updates will constitute your binding acceptance of these changes. If you do not agree to the revised Terms, you may not access or use our Site and/or Discord.

12. Severability

If any provision of this Agreement is deemed invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect other provisions of this Agreement or invalidate or render unenforceable such provision in any other jurisdiction.

13. Governing Law

This Agreement, as well as all matters related to it and/or any OddSturgeon NFT, will be governed by, construed, and enforced in accordance with the laws of the State of New York. This applies to agreements entered into and performed entirely within New York, without regard to conflict of law principles, except to the extent inconsistent with or preempted by federal law.

14. Dispute Resolution; Arbitration

Please carefully review the arbitration agreement presented in this section (“Arbitration Agreement”). It outlines procedures for MANDATORY BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS.

Application of Arbitration Agreement

You acknowledge that any disagreement, claim, or request for remedy associated with your use of the Site, products distributed via the Site, or any aspect of your interaction with OddSturgeon and Wagyu Labs, LLC, will be resolved through binding arbitration rather than in a court setting. However, OddSturgeon and Wagyu Labs, LLC retain the option to pursue equitable relief in court for infringements or misuse of intellectual property rights (like trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement is applicable to all disputes, claims, and requests for relief, whether they arose before the effective date of this Agreement or any previous version.

Arbitration Rules and Venue

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To initiate an arbitration process, you must send a letter describing your dispute, claim, or request for remedy to us at legal@oddsturgeon.com. The arbitration will be overseen by the American Arbitration Association (“AAA”), an established alternative dispute resolution provider. Any judgment based on the arbitrator’s decision can be entered in a court with appropriate jurisdiction.

Arbitrator’s Authority

The arbitrator holds exclusive authority to (i) ascertain the scope and enforceability of this Arbitration Agreement and (ii) settle any dispute concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. This encompasses addressing any assertion that this Arbitration Agreement, in whole or in part, is void or voidable. The arbitrator will determine the rights and responsibilities, if any, of both you and OddSturgeon. The arbitration proceeding will not be combined with other matters or joined with other cases or parties. The arbitrator is empowered to grant motions that resolve all or part of any claim. The arbitrator is authorized to award monetary damages and provide any non-monetary remedy or relief available under relevant law, the rules of the arbitral forum, and this Agreement (including the Arbitration Agreement). The arbitrator will deliver a written award and a statement of decision detailing the essential findings and conclusions underlying the award, including any damages granted. The arbitrator has the same authority as a court judge to grant relief on an individual basis. The arbitrator’s award is conclusive and binding on both you and OddSturgeon.

Waiver of Jury Trial

YOU AND ODDSTURGEON HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO LITIGATE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY. Instead, both parties are choosing to resolve all disputes, claims, or requests for remedy through arbitration under this Arbitration Agreement, except as previously specified. An arbitrator can award the same damages and relief on an individual basis as a court judge, but arbitration does not involve a judge or jury. Judicial review of an arbitration award is limited.

Waiver of Class or Non-Individualized Relief

ALL DISPUTES, CLAIMS, AND REQUESTS FOR REMEDY WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ADDRESSED INDIVIDUALLY THROUGH ARBITRATION, NOT AS A CLASS OR COLLECTIVE MATTER. ONLY INDIVIDUAL RELIEF IS PERMITTED, AND CLAIMS INVOLVING MULTIPLE CUSTOMERS OR USERS CANNOT BE ARBITRATED OR CONSOLIDATED WITH OTHERS. If a determination is made that applicable law prevents enforcing the limitations of this section regarding a specific dispute, claim, or request for relief, that aspect must be separated from arbitration and brought before State or Federal Courts in the State of Wyoming. All other disputes, claims, or requests for remedy will be resolved through arbitration.

15. Limitation on Time for Filing Claims

You must initiate any legal claims or causes of action arising from or related to these Terms of Service or the Site within a period of one (1) year from when the cause of action occurred. If not commenced within this time frame, such claims or causes of action will be permanently barred.

16. Geographic Restrictions

The operator of the Site is situated in the United States. We do not assert that the Website or its content is suitable or accessible outside the United States. It’s possible that accessing the Website could be against the law for certain individuals or in particular countries. Should you access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

17. Definitions

(a) “Affiliate” refers to any other entity that directly or indirectly controls, is controlled by, or is under common control with a specified entity. This includes, but is not limited to, any general partner, managing member, officer, or director of such entity, as well as any venture capital fund currently existing or in the future, controlled by one or more general partners or managing members of, or sharing the same management company with, the specified entity.

(b) “Applicable Law” encompasses any domestic or foreign laws, regulations, statutes, rules, orders, bylaws, decrees, protocols, codes, or other directives that apply to, or are intended to govern or regulate any matter, entity, transaction, activity, property, event, or other aspect. This includes rules, orders, judgments, directives, or requirements issued by any governmental authority with jurisdiction over the OddSturgeon NFT Project, you, or as legally enforceable by law, common law, or equity.

(c) “Discord” refers to our Discord server located at https://discord.gg/starcatchers.

(d) “ETH” represents the Ethereum Blockchain utility token used to acquire computational resources for decentralized applications or carry out actions on the Ethereum Blockchain.

(e) “Ethereum Address” is a unique digital asset identifier, a public key, linked to an Ethereum-compatible wallet for sending or storing ETH.

(f) “Ethereum Blockchain” denotes the foundational blockchain infrastructure.

(g) “Governmental Authority” includes any domestic or foreign federal, state, provincial, local, municipal, regulatory, judicial, or administrative authority.

(h) “NFT” refers to blockchain-tracked, non-fungible tokens.

(i) “Person” refers to an individual, a partnership, a joint venture, a limited liability company or partnership, a corporation, a trust, an unincorporated organization, or a government entity, as well as any department, agency, or political subdivision thereof.

(j) “Privacy Policy” refers to our privacy policy located at https://www.oddsturgeons.com/privacy.

(k) “Project” collectively encompasses OddSturgeon NFTs, our Site (as defined below), the Discord server, and other social media accounts, along with any features, services, products, functions, content, materials, offers, rewards, or information available through our Site.

(m) “Site” refers to the website located at https://www.oddsturgeons.com/.