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PXP Token Swap Terms & Conditions

INTRODUCTION
  • INTRODUCTION
  • 1. PURPOSE AND USE OF NEW TOKENS
  • 2. SCOPE OF TERMS
  • 3. PRINCIPLES
  • 4. CANCELLATION & RESCISSION
  • 5. TOKEN SWAP PROCEDURES AND SPECIFICATIONS
  • 6. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
  • 7. SECURITY
  • 8. PERSONAL INFORMATION
  • 9. TAXES
  • 10. REPRESENTATIONS AND WARRANTIES
  • 11. YOUR RESPONSIBILITIES
  • 12. PROPRIETARY RIGHTS
  • 13. INDEMNIFICATION
  • 14. DISCLAIMERS
  • 15. LIMITATION OF LIABILITY
  • 16. RELEASE
  • 17. DISPUTE RESOLUTION; ARBITRATION
  • 18. GOVERNING LAW AND VENUE
  • 19. SEVERABILITY
  • 20. MODIFICATION TO THE TERMS
  • 21. MISCELLANEOUS
  • Appendix 1. Risk Disclosures and Certain Risk Factors
  • INTRODUCTION
  • 1. PURPOSE AND USE OF NEW TOKENS
  • 2. SCOPE OF TERMS
  • 3. PRINCIPLES
  • 4. CANCELLATION & RESCISSION
  • 5. TOKEN SWAP PROCEDURES AND SPECIFICATIONS
  • 6. ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
  • 7. SECURITY
  • 8. PERSONAL INFORMATION
  • 9. TAXES
  • 10. REPRESENTATIONS AND WARRANTIES
  • 11. YOUR RESPONSIBILITIES
  • 12. PROPRIETARY RIGHTS
  • 13. INDEMNIFICATION
  • 14. DISCLAIMERS
  • 15. LIMITATION OF LIABILITY
  • 16. RELEASE
  • 17. DISPUTE RESOLUTION; ARBITRATION
  • 18. GOVERNING LAW AND VENUE
  • 19. SEVERABILITY
  • 20. MODIFICATION TO THE TERMS
  • 21. MISCELLANEOUS
  • Appendix 1. Risk Disclosures and Certain Risk Factors
INTRODUCTION

Last Updated: 9th of October, 2024

 

Your exchange of Ethereum-based PXP tokens (“Old Tokens”) in accordance with these PXP Token Swap Terms and Conditions (these “Terms”) for the updated Avalanche-based PXP Tokens (“New Tokens”), as (with regard to your such exchange) facilitated, operated, maintained, moderated and/or otherwise made available by Point Pay LLC (“Company,” “we”, “us”, “our”), during the “Swap Period”, as defined in Section 5(b) of these Terms (in relation to such exchange, "Swap"), is subject to these terms and conditions. Each of you and us is a “Party” (and together, “Parties”). As used in these Terms, “Token” may refer to the Old Token or the New Token, and the term “Tokens” may refer to either or both.

These Terms take effect and become binding upon you at the earlier of (1) the time at which you click “I Agree” as presented with these Terms, or (2) when we receive your submission of Old Tokens pursuant to these Terms, with such earlier date being the “Effective Date”. These Terms may be altered. In exchanging Old Tokens for New Tokens during the Swap Period, you will be bound by these Terms and all terms incorporated by reference. If you have any questions regarding these Terms, please contact us by email at legal@pointpay.io.

NO INVITATION IS MADE HEREUNDER TO ANY U.S. PERSON TO (I) ENTER INTO ANY TOKEN SWAP WITH THE COMPANY; OR (II) ACQUIRE ANY TOKENS FROM THE COMPANY. NO SALE OF TOKENS SHALL BE MADE TO ANY U.S. PERSON.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING BUT NOT TO AN AGREEMENT TO ARBITRATE. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS AS DETAILED IN THESE TERMS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER THAT (1) YOU WILL BE PERMITTED TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR CLASS REPRESENTATIVE IN ANY ACTION OR PROCEEDING, AND THAT (2) YOU WILL BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE TOKEN SWAP.

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