1. Your Acceptance of these Terms of Use

Please read these terms of use carefully before using this website as they represent a binding agreement (the “terms of use” or “Agreement”) between each user of our website (“you” or “your”) and Themis Recovery Switzerland AG (hereinafter referred to as “Token Recovery”, “we”, “us” or “our”).

By visiting, entering, using or accessing the Token Recovery website (our or this “Website”), and/or services accessed through the Website, (collectively, the “Services”), you indicate that you accept the current version of these terms of use (collectively “Terms”) and that you agree to be bound by and comply with them. You agree to the following terms of use as they may be changed, supplemented, or updated from time to time, as well as any and all applicable laws and regulations. If you do not agree to all of these Terms, do not use this Website or Services, or any information, links or content contained on this Website. Your access to and use of this Website constitutes your acceptance of and agreement to abide by each of the terms set forth below including our Privacy Policy which is hereby incorporated in these terms by reference and can be accessed at through the Website. If you are using our Website on behalf of your organization, that organization accepts these Terms.

You agree that these Terms, and any related information, communications and agreements between you and us, may be made available or occur electronically.

We reserve the right, at our sole discretion, to modify these Terms at any time. If we do this, we will post the changes to these terms of use on this Website at which time such revised Terms will become effective. Your continued use of this Website after any such changes constitutes your acceptance of the revised Terms and your agreement to be bound to them.

2. Use of Our Website and Service

Token Recovery grants you a limited, non-transferable license to use the Website in accordance with the Terms. You may only use the Website to view information presented at the Website and to make legitimate inquiries through our online form. You may not use the Website for any other purposes, including without limitation, to make any false or fraudulent inquiries.

The Website and the content provided on the Website, including any designs, text, pictures, video, information, graphics, button icons, music, audio and video clips, digital downloads, data compilations and software their selection and arrangement (collectively, “Content”), may not be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, translated, used to create derivate works, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered without the written permission of Token Recovery, and/or its third party partners, except that you may download, display and print the materials presented on the Website for your personal, non-commercial use only.

Token Recovery is not responsible for any errors or omissions on our Website or in our Website Content. We may discontinue or modify any aspect of this Website in our sole discretion and without prior notice or liability, including restricting the timing this Website is available and restricting or terminating any user’s right to use this Website. Access and use of our Website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Token Recovery is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our Website for any reason.

You may access our Website as made available by us for your own personal use, and in compliance with all applicable laws. All rights not expressly granted by these Terms are reserved to us, or, if applicable, our licensors.

In the course of accessing our Website, you may not engage in any of the following prohibited activities:

• Copying, distributing or disclosing any part of our Website or framing, mirroring, scraping or data mining of our website or any of its content in any form and by any means;
• Using any automated system, including robots, to access the Website;
• Transmitting spam, chain letters or unsolicited emails through the Website;
• Attempting to interfere with or compromise system integrity or security, or decipher any transmissions to or from the servers running our website; or,
• Taking any action that imposes an unreasonable or disproportionately large load on site infrastructure, such as a “DDoS” attack.

Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our Website to anyone at any time for any reason, without any notice or liability.

3. Content and Trademarks

All Content on this Website are the property of Token Recovery or our licensors with all rights reserved. Content displayed on or through our Website is protected by copyright. Any reproduction, modification, creation of derivative works from or redistribution of any Content is prohibited without the express written consent of Token Recovery.

Token Recovery and the Token Recovery logo are trademarks of Token Recovery. All other trademarks are either owned by Token Recovery or by other organizations. You further agree not to reproduce, duplicate or copy content from our website without the express written consent of Token Recovery, and agree to abide by any and all copyright notices displayed on our Service. For greater certainty, (i) the use of the Content on any other website, including by linking or framing, or the mirroring of the Content on any other server, is prohibited without Token Recovery’s prior written approval.

4. Your Conduct Guidelines

In consideration of your use of the Websites and Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of Switzerland or your applicable jurisdiction of residence. You agree to provide true, accurate, current, and complete information about yourself upon registration and thereafter. You agree that you are responsible for maintaining the confidentiality of any usernames, passwords, account, or any other tools or data that afford you access to restricted areas of the Website or Services and are fully responsible for all activities that occur under your password or account. If you are sharing such usernames, passwords, etc. with others for the purpose of shared viewing of the Website, you are also responsible for all users of such information, whether or not actually or expressly authorized by you. You agree to immediately notify Token Recovery of any unauthorized use of your password or account or any other breach of security. Token Recovery cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms.

You must only use the Content or Services provided through this Website for their stated purpose. You must not use this Website to:

• publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful, offensive, obscene, pornographic, vulgar, tortious or otherwise objectionable;
• display, upload or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
• interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use or enjoyment of this Website;
• post or submit personal or identifying information about another person without that person’s explicit consent;
• create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of this Website or a Token Recovery representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
• violate, infringe any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
• disguise the origin of any material transmitted through the Services provided by this Website;
• use this Website or links on this Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using this Website or links on this Website or that could damage, disable, overburden or impair the functioning of this Website or our servers or any networks connected to any of our servers in any manner;
• upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
• send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorized advertising or promotional material;
• obtain unauthorized access to or interfere with the performance of the servers which host this Website or provide the services on this Website or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
• attempt to gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
• obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website or its services;
• harvest or otherwise collect, whether aggregated or otherwise, data about others including e-mail addresses and/or distribute or sell such data in any manner;
• employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our Website.
• transmit or otherwise transfer any web pages, data or content found on the Website to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise;
• violate any applicable local, state, national or international law, intentionally or unintentionally;
• use any part of this Website other than for its intended purpose; or
• use this Website to engage in or promote any activity that violates these Terms.

Token Recovery reserves the right to reject and delete any content or information you provide us, in whole or in part, that violates these guidelines, in our sole discretion for any reason. We have no obligation to remove Content that you personally find objectionable or offensive, though we will investigate complaints referring to inappropriate use of the Website.

Under no circumstances will Token Recovery be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, submitted or otherwise transmitted to or through the Website. In the event that you have a dispute with a user of Token Recovery and its Services, you release Token Recovery and its officers, members and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Token Recovery assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or settings. You understand and agree that use of Token Recovery’s online services are at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of Token Recovery’s Services is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

5. Disclaimer Regarding Third Party Content

Our Website may offer access to third-party websites and content available over the Internet. Token Recovery exercises no control over such third-party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third-party websites. Inclusion of a link to third party-content does not imply endorsement by Token Recovery of such content. You further agree that Token Recovery shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third-party websites or content. Token Recovery assumes no liability for any damages you may suffer from visiting such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded from such linked websites.

6. Disclaimer of Warranties and Liability

Our Website (including its Content) is provided on an “as is” and “as available” basis without any warranty or condition of any kind, either express or implied, including but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement. Token Recovery and its affiliates, and their respective directors, officers, employees, successors, assigns, agents and service providers, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages.

TOKEN RECOVERY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITES.

IN NO EVENT SHALL TOKEN RECOVERY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), (III) OTHER MATTER RELATING TO THE WEBSITE AND/OR SERVICES.

Token Recovery makes no claim or representations regarding accuracy or completeness of the Content of our Website, the result obtained or to be obtained by any user of the Website, and/or any third-party content accessible on or through our Website. Except to the extent required by law, we disclaim all warranties and conditions and do not warrant that the Website, the Content on the Website or its server will be uninterrupted or free from error, defects or harmful components.

To the greatest extent permitted pursuant to applicable laws, we exclude all liability for loss arising as a direct or indirect result of the content of the Website or any links or third party content; any errors in or omissions from the Website; use of or access to the Website; any inability to access or use the Website for any reason. We exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any Content on it. In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.

7. Indemnity

You agree to indemnify and hold Token Recovery and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of content you submit, post or make available through our website, your use of our website, your violation of these Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another person. The Terms will inure to the benefit of successors, assigns, and licensees. This defense and indemnification obligation will survive these Terms and your use of the Website and/or Services.

8. General Matters

These terms of use constitute the entire agreement between you and Token Recovery regarding your use of our website, superseding any prior agreements between you and Token Recovery. These terms of use and the relationship between you and Token Recovery shall be governed by the laws of Switzerland without regard to its conflict of law provisions. You and Token Recovery agree to submit to the non-exclusive jurisdiction of the courts of Switzerland. The failure of Token Recovery to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect. You may not assign any of your rights and obligations under this Agreement; Token Recovery may assign any of its rights or obligations under this Agreement at any time without notice to you. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.