1. AGREEMENT TO TERMS

You and NFT CONSTRUCTER, Inc. ("you," "your," or "Company") are bound by these Terms and Conditions with respect to your access to and use of the https://NFT CONSTRUCTER.com website and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto. This agreement is made whether you are an individual or acting on behalf of an entity (collectively, the "Site"). Our registered office is located at 15 West 38 Street MB#532, New York, NY, USA, and we are incorporated in Pennsylvania, USA. By using the Site, you acknowledge that you have read, comprehended, and agree to be bound by all the Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Site may occasionally post additional-terms and conditions or documents, which are hereby expressly incorporated herein by reference. We reserve the right to occasionally change or modify these Terms and Conditions in our sole discretion. The "Last updated" date of these Terms and Conditions will be updated to inform you of any updates, and you renounce any claim to specific notice of each change. Every time you use our Site, please make sure to check the applicable Terms to know which ones are in effect. By continuing to use the Site after the date that any updated Terms and Conditions are posted, you will be deemed to have been made aware of and to have accepted the changes in any such revised Terms and Conditions. The information on the Site is not intended to be shared with or used by any person or organization in any jurisdiction or country,where doing so would be against the law or a regulation, or where doing so would require us to register there. As a result, anyone choosing to access the Site from another location does so at their own free will and is solely responsible for adhering to local laws, if and to the extent that they apply.
If your interactions would be governed by laws such as the Federal Information Security Management Act (FISMA), the Health Insurance Portability and Accountability Act (HIPAA), or another industry-specific regulation, you are not permitted to use this site. You are not allowed to use the website in a manner that contravenes the Gramm-Leach-Bliley Act (GLBA).
Users must be at least 18 years old to access the website. The Site is not intended for use by or registration by anyone under the age of 18.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site is our property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") are our property, and all trademarks, service marks, and logos contained therein (the "Marks") are our property, under license from third parties. These rights include copyright, trademark, and other intellectual property rights, as well as unfair competition laws. The Site only offers the Content and the Marks "AS IS" for your information and private use. No part of the Site, including any Content or Marks, may be used for any commercial purpose whatsoever, unless expressly permitted in these Terms and Conditions. Without our express prior written consent, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited.
You are granted a limited license to access and use the Site, as well as to download or print a copy of any portion of the Content to which you have lawfully gained access, solely for your own private, non-commercial use. This is granted as long as you are qualified to use the Site. We hold all ownership rights to the Site, the Content, and the Marks that are not otherwise explicitly granted to you.

3. USER REPRESENTATIONS

By using the Site, you assure that the following details are true, accurate, current, and complete: (1) all registration information you provide will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and agree to abide by these Terms and Conditions; (4) you are not a minor in the country in which you reside; (5) you won't access the Site using automated or non-human means.
We reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site in the event that you provide any information that is untrue, inaccurate, out-of-date, or incomplete (or any portion thereof).

4. USER REGISTRATION

It's possible that the Site will ask you to register. You acknowledge that all use of your account and password will be under your control and agree to keep them both confidential. If, in our sole conviction, you have chosen an inappropriate, objectionable, or otherwise objectionable username, we reserve the right to remove, reclaim, or change it.

5. FEES AND PAYMENT

We accept the following forms of payment:
Discover
- Card Payment
- Crypto payment

To access some of our services, you might need to make a purchase or pay a fee. For all purchases made through the Site, you promise to supply information that is up to date, complete, and accurate. In order for us to complete your transactions and get in touch with you as necessary, you agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date. For purchases made through the Site, a bill will be sent to your online billing account. As required by us, sales tax will be added to the cost of purchases. Prices are subject to change at any time. Every payment must be made in US dollars. When making a purchase, you authorize us to charge your preferred payment method with the applicable charges or fees. You agree to pay all charges or fees at the rates in effect at the time. If your purchase is subject to recurring charges, you agree that we may charge your payment method repeatedly without your prior authorization, up until the time you notify us that you want to cancel. Even if payment has already been requested or received, we reserve the right to correct any typographical or pricing errors. Furthermore, we reserve the right to reject any order made through the website.

6. CANCELLATION

With the contact details listed below, you can contact us at any moment to cancel your subscription. When the current paid current contract expires, your cancellation will become effective. Please send us an email at support@NFTCONSTRUCTER.com if you are dissatisfied with our services.

7. PROHIBITED ACTIVITIES

The Site may only be accessed and used for the purposes for which it is intended by us. The use of the Site for any commercial purposes other than those we have expressly permitted or supported is strictly prohibited. In your capacity as a user of the Site, you hereby agree not to: Systematically retrieve data or other content from the Site in order to directly or indirectly establish or compile a collection, compilation, database, or directory without our prior written consent. Trick, swindle, or mislead both us and other users, particularly when attempting to learn private account information such user passwords. Security-related aspects of the Site, such as those that forbid or restrict the use or copying of any Content or impose restrictions on the use of the and/or the Content therein, may be avoided, disabled, or interfered with in other ways. Disparage, tarnish, or otherwise hurt the Site, us, or both, in our opinion. Use any data you've learned from the website to harass, abuse, or hurt someone else. Use our support services improperly or make fictitious accusations of abuse or misconduct. Use the website in a way that violates any rules or laws that might be in force. frame the site or link to it without permission. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other content, such as excessive capitalization and spamming (repeatedly posting the same message), that interferes with anyone's uninterrupted use and enjoyment of the site or that modifies, impairs, disrupts, alters, or interferes with the operation, features, functions, or maintenance of the site. Use the system in any way that is automated, including by utilizing scripts to post comments or messages or by employing data mining, robots, or other methods for gathering and extracting data. Remove any Content's copyright or other intellectual rights notice. Use another user's username or make an attempt to pass as that user. Any material that functions as a passive or active information collection or transmission mechanism should not be uploaded or transmitted (or attempted to be uploaded or transmitted), including without limitation clear graphics interchar formats (gifs), 1x1 pixels, web bugs, cookies, and other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). Disrupt, interfere with, or impose an unreasonable burden on the Site, its associated networks, or the services. Any of our employees or agents working to deliver any part of the Site to you may not be subjected to harassment, annoyance, intimidation, or threat. attempt to circumvent any Site security measures intended to guard against or limit access to the Site or any area of the Site. Software from the website, including but not limited to Flash, PHP, HTML, JavaScript, or other code, may not be copied or modified. Decipher, decompile, disassemble, or reverse engineer any of the software that makes up or in any way is a component of the Site, unless expressly permitted by relevant law. Use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scrap or offline reader that accesses the Site, as well as using or launching any unauthorized script or other software, unless it results from normal search engine or Internet browser usage. • Make purchases on the Site using a buying agent or purchasing agency. Any unlawful use of the website is prohibited, as is the automated or deceptive creation of user accounts or the gathering of users' usernames and/or email addresses for the purpose of sending unsolicited email. Use the website to try to outdo us, or in any other way to make money by running a business or using the website and/or content for any other purpose.

8. USER GENERATED CONTRIBUTIONS

The Site may invite you to participate in chat, blogs, message boards, online forums, and other features and may give you the chance to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, such as but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material containing personal information (collectively, "Contributions"). Other Site users and third-party websites may be able to view contributions. Any Submissions you send could therefore be considered non-confidential and non-proprietary. You represent and warrant the following when you create or otherwise make any Contributions available:
■ Your Contributions are not and will not violate any third party's intellectual property rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, during their creation, distribution, transmission, public performance, access, download, or copying.
■ Your Contributions may be used by us, the Site, and other users of the Site in any manner permitted by the Site and these Terms and Conditions only if you are the original creator and owner of them or you have obtained all applicable licenses, rights, consents, releases, and permissions.
■ Each and every identifiable individual person in your Contributions has given you their written consent, release, and/or permission for you to use their name or likeness in your Contributions to enable inclusion and use of your Contributions in any manner envisioned by the Site and these Terms and Conditions. Your Contributions are truthful, accurate, and not deceptive. Your Contributions do not constitute spam, chain letters, pyramid schemes, unlawful or uninvited advertising, promotional materials, mass mailings, or any other type of solicitation.
• Your contributions aren't unacceptable in any way, including being vulgar, lascivious, filthy, aggressive, harassing, libelous, or slanderous (as determined by us). You do not mock, degrade, intimidate, or abuse anybody in Your Contributions. Your Donations are not used to advocate violence against a particular individual or group of individuals, to harass or threaten (in the legal sense of those terms) any other person. Your Donations do not contravene any governing law, rule, or regulation.
• Your Contributions do not infringe on anyone else's right to secrecy or to be anonymous.
• No laws pertaining to child pornography or other laws meant to safeguard the health or welfare of kids are violated by your contributions.
• Your contributions do not contain any racial, ethnic, national, gendered, sexual, or physically-disabled-related insults. Your Contributions don't in any other way contravene these Terms and Conditions, any applicable law or regulation, or contain links to content that does. Your right to use the Site may be terminated or suspended, among other consequences, for any usage of the Site that breaches the aforementioned terms and conditions.

9. CONTRIBUTION LICENSE

By making your contributions visible to the site by publishing them there or by connecting your account from the site to any of your social networking accounts, you hereby grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (in whole or in part). Any media channels and any media formats are acceptable for use and distribution. This license covers the use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and any other personal and commercial pictures you give in any format, media, or technology now known or hereafter developed. You guarantee that no moral rights have been in any way else asserted in your contributions and you waive all moral rights therein. Your Donations are not claimed to be our property. All of your contributions, including with any associated intellectual property rights or other proprietary rights, are still entirely your property. We are not responsible for any claims made in your Contributions, which you may submit in any part of the Service. You are exclusively in charge of any contributions to the site, and you expressly agree to absolve us of all liability and to forgo taking legal action against us in connection with your contributions. We reserve the right, at any time and for any reason, without prior notice, (a) to edit, redact, or otherwise change any Contributions. (b) to re-categorize any Contributions to position them in more suitable areas on the Site; and (c) to pre-screen or delete any Contributions. We are not required to keep an eye on your contributions.

10. SOCIAL MEDIA

You can link your account with online accounts you have with third-party service providers (each of these accounts is referred to as a "Third-Party Account") as part of the functionality of the Site by doing one of the following: (a) giving your Third-Party Account login information through the Site; or (b) granting us access to your Third-Party Account as allowed by the terms and conditions that apply to each Third-Party Account you use. You affirm and warrant that you have the right to provide us with your third-party account login information and/or access to your third-party account, without violating any of the rules governing your use of the relevant third-party account, without charging us any fees, and without putting any restrictions on our use of the account by the third-party service provider. By granting us access to any Third-Party Accounts, you acknowledge and agree that: (1) we may access, make available, and store (as appropriate) any content you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is accessible on and through the Site via your account, including without limitation any friend lists; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified. You might be able to access personally identifiable information you post to your Third-Party Accounts on and through your account on the Site, depending on the Third-Party Accounts you select and subject to the privacy choices you have made in such Third-Party Accounts. Please be aware that Social Network Content might no longer be accessible on or through the Site if a Third-Party Account or associated service is made unavailable or if our access to such a Third-Party Account is terminated by the third-party service provider. You will always have the option to sever the link between your account on the Site and your Third-Party Accounts. PLEASE NOTE THAT YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS GOVERN YOUR ONLY RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS. For any reason, including but not limited to checking for accuracy, legality, or non-infringement, we make no attempt to examine any social network content, and we are not liable for any social network content. You understand and accept that we may access your contacts list on your mobile device or tablet computer, as well as your email address book linked to a Third-Party Account, only for the purpose of identifying and informing you of contacts who have registered to use the Site. By getting in touch with us using the details provided below or by accessing your account settings, you can disable the link between the Site and your Third-Party Account (if applicable). Except for the username and profile image that are linked to your account, we shall make an effort to remove any information that was kept on our servers and obtained through such a Third-Party Account.

11. SUBMISSIONS

You understand and agree that any queries, remarks, recommendations, ideas, suggestions, feedback, or other details you give to us on the Site (collectively, "Submissions") are non-confidential and will be our exclusive property. We will hold the sole and exclusive rights, including all intellectual property rights, and will be free to use and distribute these Contributions for any lawful purpose, whether commercial or not, without your consent or payment. You hereby renounce any moral rights you may have in any such Submissions, and you hereby guarantee that any such Submissions are either your own creations or that you have the legal authorization to submit them. You acknowledge that we are immune from legal action in the event that your Contributions are actually or allegedly infringe upon or misappropriate any proprietary right.

12. THIRD-PARTY WEBSITES AND CONTENT

Links to other websites ("Third-Party Websites"), as well as articles, photos, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties, may be found on the Site or you may be sent via the Site ("Third-Party Content").We do not review, monitor, or check the accuracy, suitability, or completeness of any such Third-Party Websites or Third-Party Content, and we do not assume any liability or responsibility for any such Third-Party Websites or Third-Party Content that is posted on, made available through, or installed from the Site, including the accuracy, offensiveness, opinions, reliability, privacy practices, or other guidelines of or contained in the Third-Party Websites or the T No approval or endorsement by us is implied by the inclusion of, linking to, or allowing the use or installation of any Third-Party Websites or any Third-Party Material. You use or install any Third-Party Content or exit the Site to visit Third-Party Websites at your own risk and should be aware that these Terms and Conditions no longer apply. You should carefully read the terms and conditions that apply to any programs you use or install from the Site, as well as the privacy and data collection policies of each website you travel to through the Site. Any purchases you make through Third-Party Websites will be made through other websites and from different businesses; we accept no liability for such purchases, which are solely between you and the relevant third party. You accept and agree that we do not support the goods or services advertised on Third-Party Websites, and you agree to indemnify us for any damage resulting from your purchase of such goods or services. Furthermore, you agree to indemnify us from any losses you may incur or injury you may suffer connected with or resulting from any contact with third-party websites or any third-party content.

13. ADVERTISERS

In some places of the website, such as sidebar or banner adverts, we permit advertisers to show their ads and other content. If you are an advertiser, you are entirely responsible for any advertisements you post on the website, as well as any services you offer or goods you promote. Additionally, in your capacity as an advertiser, you warrant and represent that you have all necessary rights, including but not limited to intellectual property, publicity, and contractual rights, to post advertisements on the Site. Advertisers acknowledge and agree that the provisions of our Digital Millennium Copyright Act ("DMCA") Notice and Policy, as described below, apply to such advertisements. Advertisers also acknowledge and agree that there will be no refunds or other forms of remuneration for DMCA takedown-related issues. We have no other interaction with advertisers other than to provide the platform for such adverts.

14. U.S. GOVERNMENT RIGHTS

In accordance with the Federal Acquisition Regulation ("FAR") 2.101, our services are "commercial products." Our services are subject to the provisions of these Terms and Conditions in accordance with FAR 12.212 (for computer software) and FAR 12.211 if they are purchased by or on behalf of any agency outside of the Department of Defense ("DOD") (for technical data). According to Defense Federal Acquisition Regulation ("DFARS") 227.7202-3, if our services are purchased by or on behalf of any agency of the Department of Defense, they will be governed by the provisions of these Terms and Conditions. Also, technical data gathered by the DOD is subject to DFARS 252.227-7015. This U.S. Government Rights clause replaces and supersedes any other FAR, DFARS, or other language or provision that talks about government rights in technical data or computer software under these Terms and Conditions.

15. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole judgment, violates these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; and (3) in our sole judgment and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any aspect of the Site; (4) to remove from the Site or otherwise disable any files or content that are excessively large or otherwise burdensome to our systems, at our sole discretion and without restriction, notice, or liability; and (5) to otherwise manage the Site in a way that promotes the Site's proper operation while safeguarding our rights and property.

16. PRIVACY POLICY

Data security and privacy are important to us. Visit https://NFT CONSTRUCTER.com/privacy/ to examine our privacy statement. You consent to be governed by our Privacy Policy, which is incorporated into these Terms and Conditions, by using the Site. Please be aware that the Website is hosted in the USA. If you access the Site from a country or territory where the laws or other requirements governing the collection, use, or disclosure of personal data differ from those that apply in the United States, you are transferring your data to the United States through your continued use of the Site, and you consent to having your data transferred to and processed in the United States.

17. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications The property rights of others are respected by us. Please contact our Designated Copyright Agent as soon as possible using the details listed below if you believe that any content on or accessible through the Site violates any copyright you may have or maintain (a "Notification"). The individual who posted or stored the material that is the subject of your notification will receive a copy of it. In accordance with federal law, if you make serious misrepresentations in a Notification, you may be held accountable for damages. As a result, you should think about speaking to an attorney before deciding whether or not the content on the Site or in links to it violates your copyright. Every Notice should adhere to the DMCA's guidelines (17 U.S.C. 512(c)(3)) and contain the following details: (1) A physical or electronic signature of an individual with the authority to act on behalf of the owner of an allegedly infringed exclusive right; (2) Identification of the allegedly infringing copyrighted work; or, if more than one copyrighted work on the Site is covered by the Notification, a representative list of such works on the Site; and (3) Identification of the allegedly infringing or allegedly infringing material that is to be removed;( 4) contact information for the complaining party, such as an address, phone number, and, if available, an email address; 5) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not permitted by the copyright owner, its agent, or the law; and 6) a statement that the information in the notification is accurate and that it is made in compliance with the law. Counter Notification You can send a written counter notification to our Designated Copyright Agent using the contact information given below if you think your own copyrighted content was taken from the Site due to an error or misidentification (a "Counter Notification"). Your counter notification must essentially contain the following in order to be valid under the DMCA: (1) identifying the content that has been disabled or removed, as well as the place where the content was previously present; (2) your name, address, and phone number; (3) a declaration that you will accept service of process from the party who filed the notification or the party's agent; (4) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (5) A declaration made under penalty of perjury stating that you have a good faith belief that the item in issue was taken down or otherwise made inaccessible due to a typographical error or misidentification of the content; (6) Your physical or digital signature. Unless we first receive notification from the party providing the Notification informing us that such party has filed a court action to enjoin you from engaging in infringement-related activity related to the removed or disabled material, we will restore your removed or disabled material if you send us a valid, written Counter Notification meeting the requirements outlined above. Please note that if you materially falsely state that the content was disabled or removed due to an error or misidentification, you might be held responsible for damages, including fines and legal fees. Perjury occurs when a bogus Counter Notification is submitted. Designated Copyright Agent Jonathan Terrell Pastor Attn: Copyright Agent Pittsburgh, PA 15217 United States support@NFTCONSTRUCTER.com

18. TERM AND TERMINATION

When using the Site, these terms and conditions will continue to be in full force and effect. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENT We reserve the right to terminate your use of the site or participation at any time, without prior notice, or to delete your account and any content or information you have posted. You are forbidden from registering and creating an alternate account in the name of any third person, even if you could be acting on their behalf, even if we terminate or suspend your account for any reason. We reserve the right to pursue appropriate legal action, including without limitation seeking civil, criminal, and injunctive redress, in addition to canceling or suspending your account.

19. MODIFICATIONS AND INTERRUPTIONS

You are prohibited from using your account after any suspension or termination by us. The Site's contents are subject to alteration, modification, or removal at any time and without prior notice for any reason. We are not obligated to update any material on our website, though. Additionally, we retain the right to change or stop offering the Site altogether at any time without prior notice. Any time the Site is altered, its price is raised, it is suspended, or it is discontinued, we won't be held responsible to you or any other person. The availability of the Site cannot be always guaranteed. We might encounter hardware, software, or other issues or need to carry out maintenance on the Site, which would cause disruptions, delays, or mistakes. Without giving you prior notice, we reserve the right to suspend, stop, change, revise, or otherwise modify the Site at any time and for any reason. You acknowledge that we are under no obligation to compensate you for any loss, harm, or inconvenience resulting from your inability to use or access the Site while it is unavailable or inactive. Nothing in these Terms and Conditions shall be deemed to oblige us to provide any updates, releases, or corrections in connection with the Site.

20. GOVERNING LAW

The laws of the State of Delaware that apply to contracts made and to be wholly performed within the State of Delaware, without regard to its conflict of law provisions, shall govern these Terms and Conditions and your use of the Site.

21. DISPUTE RESOLUTION

Informal Negotiations The Parties agree to first attempt to negotiate any Dispute (aside from those Disputes expressly provided below) informally for at least thirty (30) days before commencing arbitration in order to expedite resolution and manage the costs of any dispute, controversy, or claim relating to these terms and conditions (each, a "Dispute" and collectively, the "Disputes"). Following written notice from one party to the other, such informal conversations begin. Binding Arbitration Except for those disputes that are expressly excluded herein, disputes between the Parties that cannot be settled through informal dialogue will be finally and exclusively settled through binding arbitration. YOU UNDERSTAND THAT IN THE ABSENCE OF THIS PROVISION, YOU WOULD BE ENTITLED TO A JURY TRIAL AND THE RIGHT TO SUE IN COURTThe arbitration will begin and be conducted in accordance with the Commercial The American Arbitration Association's Commercial Arbitration Rules ("AAA") and, where applicable, its Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org, shall govern the commencement and conduct of the arbitration. The AAA Consumer Rules shall govern your arbitration fees and, when applicable, set a limit on your portion of the arbitrators' fees. We shall cover any arbitration costs and fees if the arbitrator finds that the charges are unreasonable. The arbitration might take place in person, online, over the phone, or with the submission of papers. If requested by either Party, the arbitrator need not include a statement of reasons in the written ruling they make. Every award may be contested if the arbitrator doesn't follow the relevant laws, which is required by the arbitration agreement. The arbitration will take place in Delaware, unless the applicable AAA rules or applicable legislation specify otherwise. Except as otherwise specified herein, the Parties may bring a lawsuit in court to compel arbitration, halt legal action while an arbitration is being held, or to uphold, alter, reverse, or declare final the arbitrator's decision. The parties hereby agree and waive any defenses of lack of personal jurisdiction and forum non-convenience with regard to venue and jurisdiction in such state and federal courts in the event that a dispute advances in court rather than through arbitration. The United Nations Convention on Contracts for the International Sale of Products and the Uniform Computer Information Transaction Act (UCITA) are not applicable to these Terms and Conditions. Any dispute involving the Site that is brought by any Party must never be brought more than one (1) year after the cause of action first materialized. A court of competent jurisdiction within the courts listed for jurisdiction above will resolve any disputes falling within this provision if it is determined that any part of it is unlawful or unenforceable, and the Parties agree to submit to the personal jurisdiction of such court. If this provision is determined to be unlawful or unenforceable, neither Party will choose to arbitrate any disputes falling within that portion of this provision. Restrictions The Parties acknowledge that any arbitration will only cover the particular disputes between the Parties. To the fullest extent permitted by law, there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other individuals, (a) no arbitration shall be joined with any other proceeding, (b) no right or authority for any dispute to be arbitrated on a class-action basis or to use class-action procedures. Exceptions to Informal Negotiations and Arbitration The Parties acknowledge and agree that the following Disputes are not subject to the foregoing provisions regarding informal negotiations and binding arbitration: (a) any Disputes pertaining to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (b) any Dispute pertaining to, or arising from, any claim for injunctive relief; and (c) any Dispute seeking to enforce or protect, or concerning the validity of, any of a Party. If this agreement is found to be invalid or unenforceable, neither Party will choose to arbitrate any disputes that fall under the invalid or unenforceable portion of this clause; instead, those disputes will be resolved by a court with appropriate jurisdiction within the jurisdictional jurisdictions listed above, and the Parties consent to the personal jurisdiction of that court.

22. CORRECTIONS

The Site may contain typographical mistakes, inaccuracies, or omissions that may relate to the descriptions, prices, availability, or other information. We retain the right to change or update the information on the Site at any time, without prior notice, in order to address any mistakes, inaccuracies, or omissions.

23. DISCLAIMER

THE SITE IS AVAILABLE AS-IS AND AS AVAILABLE. YOU AGREE THAT IT IS SOLELY AT YOUR RISK TO USE THE SITE AND OUR SERVICES. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND YOUR USE THEREOF, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CORRECTNESS OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, OR (2) USE OR RELIANCE UPON ANY SUCH CONTENT, MA (2) Any personal injury or property damage, of whatever nature, resulting from your access to and use of the website, (3) Any unauthorized access to or use of our secure servers, including any and all personal information and/or financial data stored therein, (4) Any interruption or cessation of transmission to or from the website, (5) Any bugs, viruses, worms, Trojan horses, or the like that may be transmitted to or through the website by any third party, and/or any errors or other problems with the website. (6) AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS AND/OR FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AND WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE. USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN MAKING ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.

24. LIMITATIONS OF LIABILITY

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD. SOME US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ALL OR SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU IF THESE LAWS APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

25. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Site; (3) your violation of these Terms and Conditions; (4) any breach of your representations and warranties set forth in this Agreement. (5) Your infringement of another person's rights, including but not limited to intellectual property rights; (6) Any blatantly detrimental act you commit against another Site user with whom you have interacted over the Site. Despite the aforementioned,we reserve the right, at your expense, to take exclusive responsibility for the defense and management of any issue for which you are obligated to indemnify us, and you agree to assist us in the defense of such claims, also at your expense. Upon becoming aware of any such claim, action, or proceeding that is covered by this indemnity, we shall use commercially reasonable efforts to give you notice thereof.

26. USER DATA

For the purpose of managing the Site's performance, we will keep track of some of the information you send to the Site, as well as information on how you use the Site. Despite the fact that we regularly backup your data, you are solely in charge of any data you communicate or that relates to any activity you conduct while using the Site. You acknowledge that we are not responsible for any loss or corruption of such data, and you hereby release us from any claims you may have about such loss or corruption.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Electronic communications include messages sent to us via email, website visits, and online form submissions. You agree that all agreements, notices, disclosures, and other communications that we give to you electronically through email and on the Site fulfill any legal need that such communications be in writing. You also consent to receiving electronic communications from us. THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE, ARE HEREBY AGREEED TO BY YOU. You hereby waive any rights or obligations you may have under any statutes, rules, regulations, ordinances, or other laws in any jurisdiction that call for an original signature, the delivery of paper documents, their storage, or the right to receive payments or the granting of credit through any channel other than electronic.

28. CALIFORNIA USERS AND RESIDENTS

You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254 if your complaint with us is not satisfactorily addressed.

29. MISCELLANEOUS

The complete agreement and understanding between you and us is represented by these Terms and Conditions and any policies or operating guidelines that we put on the Site or in relation to the Site. Any right or term of these Terms and Conditions that we fail to exercise or enforce shall not be deemed to have been waived by us. The law allows for the full operation of these terms and conditions. All of our rights and duties are transferable at any time. Any loss, damage, delay, or failure to act brought on by a factor outside of our reasonable control shall not be our responsibility or liabilityIf any term or portion of a term of these Terms and Conditions is found to be illegal, invalid, or unenforceable, that term or portion is deemed severable from these Terms and Conditions and has no bearing on the legality or enforceability of any other terms that remain in place. Due to these Terms and Conditions or your use of the Site, no joint venture, partnership, employment relationship, or agency relationship is established between you and us. You acknowledge that the fact that we wrote these terms and conditions should not be used against us. As a result of these Terms and Conditions being in electronic form and the parties hereto not having signed to execute these Terms and Conditions, you hereby waive any and all objections you may have to them. To avoid any confusion, the term "Site" as used in Section 1 also refers to our APIs, data, software, and services.

30. CONTACT US

Please get in touch with us at the following address if you have a problem with the site or would like more information about how to use it: support@NFTCONSTRUCTER.com