By accessing or using this website, you agree that these Terms of Use ("Terms") are a binding agreement between you ("You") and The Open Network Company Co. and its subsidiaries ("Us", "We", or "Our"). If You do not agree to these Terms, please do not use the website. Please read these Terms carefully before using the website and periodically throughout your use of the website.
1. Dispute Resolution
These Terms include a binding arbitration provision that governs any disputes between You and Us. To the extent not prohibited by laws applicable to You, this provision will:
- Eliminate Your right to a trial by jury; and
- Substantially affect Your rights, including preventing You from bringing, joining or participating in class or consolidated proceedings.
You agree that We may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms on the website.
2. Not Investment or Financial Advice or Securities Offering
THE INFORMATION PROVIDED ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE INVESTMENT, FINANCIAL, LEGAL, OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH A QUALIFIED PROFESSIONAL BEFORE MAKING ANY INVESTMENT OR FINANCIAL DECISIONS. WE DO NOT ENDORSE OR RECOMMEND ANY SPECIFIC INVESTMENT, PRODUCT, OR SERVICE AND YOU SHOULD CONSULT WITH YOUR OWN INVESTMENT, FINANCIAL, AND LEGAL ADVISORS BEFORE ENGAGING IN ANY TRANSACTION.
NOTHING ON THIS WEBSITE CONSTITUTES AN OFFER, SOLICITATION, OR RECOMMENDATION TO BUY OR SELL ANY SECURITIES, CRYPTOCURRENCIES, OR OTHER FINANCIAL INSTRUMENTS.
NO EXPRESS OR IMPLIED WARRANTIES ARE MADE REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE INFORMATION PRESENTED. ANY DECISIONS MADE BASED ON THIS CONTENT ARE DONE SO AT THE USER'S OWN RISK. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSSES OR DAMAGES—WHETHER DIRECT OR INDIRECT—ARISING FROM THE USE OF OR RELIANCE ON MATERIAL PRESENTED ON THIS WEBSITE OR ANY EXTERNAL SITES LINKED FROM IT. NO REGULATORY AUTHORITY IN THE UNITED STATES, OR ANY OTHER COUNTRY OR JURISDICTION HAS IN ANY WAY PASSED UPON THIS INFORMATION, AND NO REPRESENTATION OR WARRANTY IS MADE BY US TO THAT EFFECT.
3. Forward-Looking Information Cautionary Statement
This website may include forward-looking statements, as defined under U.S. federal securities laws. These forward-looking statements—covering matters such as expectations, plans, strategic outlooks, financial projections, market conditions, regulatory environments, are inherently uncertain and involve numerous assumptions and risks.
Forward-looking terms used may include, but are not limited to, "estimate," "project," "predict," "believe," "expect," "anticipate," "potential," "create," "intend," "could," "would," "may," "plan," "will," "guidance," "look," "goal," "future," "build," "focus," "continue," "strive," "allow" or the negative of such terms or other variations thereof and words and terms of similar substance used in connection with any discussion of future plans, actions, or events identify forward-looking statements and similar expressions. However, the absence of these words does not mean that the statements are not forward-looking. These forward-looking statements include, but are not limited to, statements regarding our proposed strategic and financing transactions, the expected closing of such proposed transactions and the timing thereof, and if any, as adjusted descriptions of the post-transaction company and its operations, strategies and plans, integration, capital structure, board and management composition, anticipated future performance, expected use of proceeds from the transactions, and any post-closing transactions. The information that may be provided, as adjusted for any proposed transaction, should not be considered a forecast of future results.
There are a number of risks and uncertainties that could cause actual results to differ materially from the forward-looking statements included in this communication. These include the risk that cost savings, synergies, and growth from a proposed transaction may not be fully realized or may take longer to realize than expected; the risk that a condition to closing of a transaction may not be satisfied, that either party may terminate definitive agreements or that the closing of a transaction might be delayed or not occur at all; potential adverse reactions or changes to business or employee relationships, including those resulting from the announcement or completion of a transaction; the risk that the parties do not receive regulatory approval of a transaction; the occurrence of any other event, change, or other circumstances that could give rise to the termination of definitive agreements relating to a transaction; the risk that changes in our capital structure and governance could have adverse effects on the market value of our securities; our ability to retain customers and retain and hire key personnel and maintain relationships with our suppliers and customers and on our operating results and business generally; the risk that a transaction could distract our management from ongoing business operations or cause us to incur substantial costs; the risk that we may be unable to reduce expenses or access financing or liquidity; the impact of any economic downturn, any health crises or any military conflicts; the risk of changes in governmental regulations or enforcement practices; the risks related to holding highly volatile cryptoassets; and other important factors that could cause actual results to differ materially from those projected.
All forward-looking statements are based on assumptions that we believe to be reasonable but that may not prove to be accurate. Any forward-looking statement speaks only as of the date on which such statement is made, and we do not undertake any obligation to correct or update any forward-looking statement, whether as a result of new information, future events or otherwise, except as required by applicable law. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof.
4. Eligibility
This website is not targeted towards, nor intended for use by, anyone under the age of 18. By continuing to access, view and make use of this website, You represent and warrant that You are at least 18 years old and are not otherwise legally prohibited from using the website.
5. Privacy
Our Privacy Policy provides more information about Our collection and use practices. Please read the Privacy Policy carefully for information relating to Our collection, use, storage, and disclosure of personal information.
6. Intellectual Property
Unless otherwise indicated, the website and all content and other materials therein, including, without limitation, the Our logo and all designs, illustrations, text, graphics, pictures, video clips, information, data, software, sound files, other files and the selection and arrangement thereof ("Content") are owned, controlled or licensed by Us or Our licensors and are protected by United States and copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws around the world. The Content may not be copied, imitated, modified, or used, in whole or in part, without Our prior written consent or the consent of the applicable permission holder. All rights not expressly granted are reserved. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to You or any third party any intellectual property rights or other right, title, or interest in or to Our intellectual property.
The website and its Content are intended solely for personal, non-commercial use only.
7. License
Subject to your compliance with these Terms, We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the website for personal, non-commercial use only in accordance with these terms.
8. Acceptable Use
In no event may the website be used beyond Our contemplated functionality of the website or in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Us; (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access the website or Content that is not authorized by Us; (f) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the website or Content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Our computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair Our servers or networks; (l) impersonates any person or entity or otherwise misrepresents Your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively "Acceptable Use"). We reserve the right, in Our sole discretion, to terminate your license to use the website, or assert legal action with respect to Content or use of the website. Our failure or delay in taking such actions does not constitute a waiver of Our rights to enforce these Terms.
9. Disclaimer; Warranties
THE CONTENT AVAILABLE ON THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. IT SHOULD NOT BE INTERPRETED AS AN OFFER, SOLICITATION, OR RECOMMENDATION TO PURCHASE OR SELL ANY SECURITIES OR TO ENGAGE IN ANY FINANCIAL TRANSACTION INVOLVING ANY ENTITY.
NO EXPRESS OR IMPLIED WARRANTIES ARE MADE REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE INFORMATION PRESENTED. ANY DECISIONS MADE BASED ON THE CONTENTS OF THIS WEBSITE ARE DONE SO AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE WEBSITE IS MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE WEBSITE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU.
YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE WEBSITE, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE WEBSITE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE WEBSITE OR THE DOWNLOADING OR USE OF THE CONTENT.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO YOU WITH RESPECT TO YOUR USE OF THE WEBSITE OR OUR SERVICES, INCLUDING WITHOUT LIMITATION THE CONTENT OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF YOUR INFORMATION, OR THE INABILITY TO USE THE WEBSITE OR ANY OF ITS FEATURES. YOUR SOLE REMEDY IS TO CEASE USE OF THE WEBSITE. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Indemnification
You agree to indemnify, defend, and hold Us and Our affiliates harmless from and against any claims, demands, costs, expenses, fines, penalties, liabilities, damages, losses, or expenses arising out of or related to (a) Your use of the website, the Content, or our services, (b) violation of these Terms or applicable law, (c) violation of any rights of a third party, or (d) fraud, intentional misconduct, criminal acts, gross negligence, or negligence committed by or on behalf of You.
12. Security Risks
You acknowledge that internet-based communication and data transmission are inherently vulnerable to interruptions, inaccuracies, and malicious software. We implement commercially reasonable security measures designed to protect your information from unauthorized access, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security. We are not responsible for any resulting harm and recommend that You employ up-to-date security software when accessing this website.
13. Modifications to the Website
We reserve the right to modify or discontinue, temporarily or permanently, the website or any features or portions thereof without prior notice (unless notice is required under applicable law). To the fullest extent permitted under applicable law, You agree that We will not be liable for any modification, suspension or discontinuance of the website or any part thereof.
14. Dispute Resolution
Please read this section carefully as it applies to You to the extent Your usual place of residence permits binding arbitration in contracts between parties and may affect rights that You may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.
Binding Arbitration
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms, Your use of the website, and Your relationship with Us. Any dispute or claim arising out of or relating to these Terms or use of the Website and Your relationship with Us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of Us may take claims to small claims court if they qualify for hearing by such a court.
Arbitration Procedures
Informal Dispute Procedures: For all disputes, whether pursued in court or arbitration, You must first notify Us to allow Us an opportunity to resolve the dispute. You and We each agree to negotiate Your claim in good faith. Both You and We agree that the dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party. You may request arbitration if Your claim or dispute cannot be resolved within 60 days.
To the extent You cannot resolve any dispute through the informal dispute resolution procedure described above, a dispute shall be resolved through binding individual arbitration. You agree that the arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at (800) 778-7879. You and We agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the jurisdiction in which You reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy Your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither You nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Costs of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by AAA Rules. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which You provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds You are the prevailing party in the arbitration, You will be entitled to a recovery of reasonable attorneys' fees and costs. Except for claims determined to be frivolous, bad faith or with an improper purpose, We agree not to seek an award of attorneys' fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver
You and We each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between You and Us that this class action waiver is unenforceable, the arbitration agreement will be void as to You. If for any reason a claim proceeds in court rather than through arbitration, You and We each waive any right to a jury trial.
15. Governing Law; Venue
These Terms are governed by the Federal Arbitration Act, applicable federal law and the laws of Nevada, without regard to its conflict of law principles. If the arbitration agreement is ever deemed unenforceable or void or a dispute between the parties is not subject to arbitration, You irrevocably consent to the exclusive jurisdiction of the federal and state courts located in the State of Nevada, for purposes of any legal action arising out of or related to the use of the website or these Terms.
16. General
These Terms, together with any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between You and Us regarding Your use of the website. You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without Our prior written consent. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may assign these Terms at any time without notice or consent unless otherwise required by applicable law. The failure to require performance of any provision will not affect Our right to require performance at any other time after that, nor will a waiver by Us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, all terms which by their nature are intended to survive will survive including, without limitation, sections 2, 3, 5, 6, and 9-16 and any other accompanying agreements, will survive.
17. Contact
Any questions or concerns regarding the website should be directed to support@tonstrat.com.