Last Updated: March 11, 2023
Please read these Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website located at
https://realshibadoge.com and the content and functionalities accessible via the Site (collectively and hereinafter, the “Site”) offered by ShibaDoge Exchanges LLC (hereinafter, “ShibaDoge Labs”), a Delaware corporation. It is important that you review the Terms and our Privacy Policy before using the Site offered by ShibaDoge Labs. By using the Site, you agree to these Terms and our Privacy Policy.
NOTICE ABOUT DISPUTE RESOLUTION: YOU ARE AWARE THAT BY AGREEING TO THESE TERMS, YOU ARE BINDING YOURSELF TO RESOLVING ANY DISAGREEMENTS WITH SHIBADOGE LABS THROUGH BINDING, INDIVIDUAL ARBITRATION. PLEASE TAKE TIME TO READ SECTION 14 “DISPUTE RESOLUTION” BELOW FOR MORE INFORMATION ABOUT THIS. HOWEVER, IF YOU ARE RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 14 WILL NOT APPLY TO YOU. INSTEAD, THE PROVISIONS OF SECTION 13 (GOVERNING LAW) WILL APPLY.
By making use of our Site, you acknowledge that you are agreeing to these Terms. If you are not in agreement with each and every one of these Terms, do not utilize the Site. In connection with your choice to use the Site or not to use the Site, under no circumstances shall ShibaDoge Labs be responsible for any indirect, consequential, exemplary, special, incidental or punitive damages, including without limitation loss of use or lost business, revenue, profits or goodwill, arising in connection with your Agreement to the Terms, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if you knew or should have known of the possibility of such damages.
You agree that you consent to our Privacy Policy, which also monitors your use of the Site, and explains how we gather, utilize and share your information.
We may elect to alter the Terms from time to time in our exclusive power. If we do, then ShibaDoge Labs shall upload the revised Terms to the Site, and the publishing of those revised Terms on the Site shall be in and of itself be deemed sufficient and reasonable notification to you of said revisions. You acknowledge and agree that it is your responsibility to read the Terms whenever we make changes to the Site or you use the Site. If you keep using the Site after we have posted the updated Terms, your use shall be deemed your implied consent to and agreement with the modifications. If you do not accept to be bound by the changes, you must no longer utilize the Site. We may modify or terminate any component of the Site, at any time and without notification to any party, at our sole and exclusive discretion.
Only individuals who are 18 years or older and legally permitted to enter into a binding contract with ShibaDoge Labs may utilize this Site. Furthermore, any prospective user of the Site may not use the Site unless that user is lawfully permitted to use the site according to any applicable laws relative to the legal jurisdiction of the user and the laws which apply to ShibeDoge Labs.
We are open to hearing your opinion on the Site and appreciate it, but under no circumstances may yousubmit to us any unsolicited suggestions for improvements, creative ideas, designs, pitch portfolios, or any other materials (hereinafter referred to as "Unsolicited Ideas"). This policy of ShibaDoge Labs exists to prevent potential conflicts of interest that may arise if a similarity is seen between the Site and an Unsolicited Idea someone has submitted. We may have received, have had received, and/or will receive in the future, either internally or from another third party, ideas, materials, or products that may be similar to the Unsolicited Ideas. If you choose to disregard this policy and send us Unsolicited Ideas, you understand that by the act of sending us the Unsolicited Ideas, electronically or otherwise, or by the act of communicating the Unsolicited Ideas to us, you automatically by any one of these acts, individually or collectively, grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid up, royalty-free, sublicensable and transferable license to (i) use, exploit, modify, create derivative works of, publish, distribute, and exhibit the Unsolicited Ideas in any medium or media currently known or later developed, and (ii) to use any intellectual property rights that you may assert, claim, possess or otherwise control where such intellectual property rights are directly or indirectly related to, associated with, or complementary to the Unsolicited Ideas.
We may provide content through the Site where such content is covered or protected by certain intellectual property rights lawfully in the possession of ShibaDoge Labs, whether by license, other agreement, ownership, governmental filings with intellectual property offices of the underlying government, such as the United States Patent and Trademark Office, the Library of Congress, similar European entities (e.g., WIPO), or any other entities controlled by other governments in the world. Without limitation, You acknowledge and agree that we, our licensors, or the ownersof the intellectual property rights solely and exclusively possess the rights to that material.
By using our Site, you agree not to do any of the following:
(a) Utilize, show, mimic or encase the Site or any single element within the Site, the Site's moniker, any ShibaDoge Labs trademark, copyrighted material, patentable idea or design, logo or other exclusive data, or the format and design of any page or structure contained on a page, without ShibaDoge Labs' express written approval, such approval to be granted by the sole and exclusive discretion of ShibaDoge Labs;
(b) Gain access to, interfere or meddle with, or use non-public regions or subregions of the Site, ShibaDoge Labs' computer systems, or the technical delivery systems of ShibaDoge Labs' suppliers, whether via electronic, physical, or social engineering means or methods;
(c) Attempt to explore, scan or test the vulnerablity of any ShibaDoge Labs' system or network or violate any security or authentication measures;
(d) Avoid, bypass, remove, reengineer, deactivate, weaken or otherwise circumvent any technological measure implemented by ShibaDoge Labs or any of ShibaDoge Labs' suppliers or any other third party (including another user) to protect the Site.
(e) Attempt to access or search the Site or download content from the Site using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ShibaDoge Labs or other generally available third-party web browsers;
(f) Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; (g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
(g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
(h) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, implanting a Trojan Horse, using any social engineering method, or overloading, flooding, spamming, or mail-bombing the Site;
(i) Impersonate, or misrepresent your affiliation with, any person or entity;
(j) Violate any applicable law or governmental regulation; or
(k) Encourage, solicit, suggest, recommend, or enable any other individual, directly or indirectly, to do any of the foregoing.
ShibaDoge Labs is not legally bound to observe or record access to or utilization of the Site or to examine or modify any material on the Site. In any case, we reserve the sole and exclusive right to do as such for the purpose of overseeing the Site, to ensure compliance with these Terms, to fulfill appropriate law or other legitimate necessities or for any other lawfully permitted purpose. We maintain all authority to expel or incapacitate access to any user or to any content provided by any user, whenever, and without prior notice, including, yet not restricted to, if, in our sole and exclusive discretion, we deem such compliance to be inconsistent with our Terms. We have the ability and sole and exclusive right to investigate infringements of these Terms as well as of conduct that influences the Site. Moreover, we have the sole and exclusive right to disclose information not protected by law to law enforcement authorities, whether voluntarily or by subpoena or other lawful order as well as to notify such authorities should we become aware of any material unlawful conduct or plans on the part of a user relating to,without limitation, violent conduct or fraud.
We provide this access as a convenience and shall not and may not be deemed responsible for the content, products, or services available from those resources or links. You acknowledge that you are solely responsible for and assume any and all risk(s) associated with your use of these third-party websites or resources.
We reserve the right, in our sole and exclusive discretion, to terminate your access to and use of the Site, at any time and without prior or post-notification. In the event of any termination, expiration or cancellation of these Terms or upon the time that the Site ceases to remain available, if any, , the terms and provisions of following Sections shall continue in perpetuity notwithstanding such termination, expiration or cancellation : 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15.
THE SITE AND ACCESS THERETO IS PRESENTED AND OFFERED “AS-IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. We do not guarantee that the Site will meet your needs or be available without interruption, flawlessly secure, or completely error-free. We make no assurance as to the quality, accuracy, timeliness, trustworthiness, completeness, or reliability of any information or material provided on the Site. Any reliance you place on such content is solely at your own risk.
By your use of the Site and by any reliance upon or action based on your use of the Site, you indemnify and hold ShibaDoge Labs and its officers, directors, employees, consultants, affiliates, entities under common control and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site, or (b) your violation of these Terms.
(a) ShibaDoge Labs and its service providers which are involved in creating, producing, or delivering the site shall, to the fullest extent permitted by law, not be liable for any indirect, consequential, exemplary, special, incidental or punitive damages, including without limitation loss of use or lost business, revenue, loss of data, goodwill, service interruption, computer damage, system failure, the cost of substitute services, profits or goodwill, arising in connection with your Agreement to the Terms, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if you knew or should have known of the possibility of such damages and whether or not ShibaDoge Labs or its service providers were informed of the possibility of such damages, even if the limited remedy provided herein is found to have failed of its essential purpose.
(b) Notwithstanding any other provisions herein, under no circumstances shall ShibaDoge Labs' total liability arising out of or in connection with these Terms, your consent to these Terms, or your use of the Site, cumulatively exceed one hundred US dollars ($100).
(c) The exclusions and limitations of damages set forth elsewhere herein are fundamental elements of the basis of the agreement between ShibaDoge Labs and you.
These terms and any action arising out of or relating to them shall be governed by the United States' Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to any conflict of laws provisions. Unless otherwise stated in Section 14 "Dispute Resolution," the sole jurisdiction and venue for any disputes (as defined below) that are not subject to mandatory arbitration between you and ShibaDoge Labs shall be the state and federal courts located in the State of Delaware, and each party hereby irrevocably waives any objection to such jurisdiction and venue.
(a) Informal Dispute Resolution. In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (collectively, "Disputes"), you and ShibaDoge Labs must first attempt to resolve the Dispute informally. Neither party may initiate a formal arbitration proceeding until at least sixty (60) days after one party has notified the other party of a claim in writing. As part of this informal resolution process, you must deliver your formal notices to ShibaDoge Labs via email at the following email address:
contact@realshibadoge.com.
(b) Compulsory Arbitration of Disputes. You acknowledge and agree that, other than as set forth in Section 14(c) below, all disputes shall be resolved through binding, individual arbitration, and not in any class, representative, or consolidated action or proceeding. Both you and ShibaDoge Labs acknowledge that the U.S. Federal Arbitration Act shall govern the interpretation and implementation of these Terms, and that the right to a trial by jury or participation in a class action is being irrevocably waived by both parties. This arbitration provision shall remain in effect even after the termination, expiration or cancellation of these Terms.
(c) Limited Exceptions. As limited exceptions to the compulsory arbitration outlined in Section 14(b) above: (i) both parties may mutually agree in writing to opt to resolve any Dispute in small claims court; and (ii) each party reserves the right to seek injunctive or other equitable relief from a court to prevent or stop the infringement or misappropriation of their respective intellectual property rights.
(d) Arbitration Proceedings and Rules. Any arbitration proceeding authorized under these Terms will be conducted under the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as currently in effect, except as modified by these Terms. The AAA Rules can be accessed by visiting www.adr.org. In order to initiate arbitration, a party must submit a written Demand for Arbitration to the AAA and provide notice to the other party as specified in the AAA Rules. The AAA provides a standard Demand for Arbitration form, which can be accessed at www.adr.org. The arbitration hearings will be held in the county (or parish) where the party initiating the arbitration resides, unless both parties agree to a different location. However, in the case of International Arbitration according to the European Court of Justice, venue for such arbitration shall be in the United States regardless of the initiating party. The parties agree that the arbitrator shall have the exclusive power to determine all matters relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
(e) Arbitration Fees. All costs associated with filing, administering, and arbitrating the Dispute will be governed by the AAA Rules. We will not seek reimbursement for any administrative or arbitrator fees unless the arbitrator determines that your Dispute is frivolous. If we succeed in the arbitration, we will bear the cost of all of our legal fees and expenses and will not attempt to recover them from you and you will bear the cost of all of your legal fees and expenses and will not attempt to recover them from us. If you are the prevailing party in the arbitration, you may be entitled to receive reimbursement for your attorneys' fees and expenses to the extent permitted by law, but we do not by these Terms automatically consent to that.
(f) Injunctive and Declaratory Relief. The arbitrator will decide all liability issues based on the merits of the claims made by either party and may only award declaratory or injunctive relief to the individual party seeking relief and only to the extent necessary to provide relief justified by that party's individual claim, except as provided in Section 14(c) above. If either party prevails on a claim and seeks public injunctive relief (i.e., injunctive relief intended primarily to prohibit unlawful acts that threaten future harm to the public), such relief must be resolved in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any public injunctive relief issues will be deferred until the outcome of any individual claims in arbitration has been determined.
(g) Waiver of Class Action. Both you and ShibaDoge Labs agree that any claims against the other party will be pursued solely in each party's respective individual capacity and not as a plaintiff or member of any class or representative action. Additionally, if a Dispute is resolved through arbitration, the arbitrator may not combine another person's claims with your claims, nor preside over any form of a class or representative proceeding. If this provision is deemed unenforceable, the entire Dispute Resolution section shall be null and void and of no effect.
(h) Severability. If a court or arbitrator of competent jurisdiction determines that any provision of these Terms is invalid or unenforceable, all other provisions of these Terms shall remain in full force and effect, and if any modifications are necessary to be made to bring make the Terms valid and/or enforceable, such modifications shall be the minimum required to effect such compliance. The foregoing shall apply except for the provisions outlined in Section 14(g) regarding the Waiver of Class Action, which shall be considered separately.
(a) Rights Reserved. ShibaDoge Labs and its licensors hold exclusive ownership of all rights, title, and interest in and to the Site, including all corresponding intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, patent and other laws of the United States and other jurisdictions. By accessing the Site, you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
(b) Entire Agreement. These Terms represent the entire and exclusive agreement between you and ShibaDoge Labs regarding the use of the Site and supersede all prior written or verbal agreements between you and ShibaDoge Labs relating to the Site. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect. You are not permitted to assign or transfer these Terms without the prior written consent of ShibaDoge Labs, except as permitted by applicable law. Any unauthorized attempt to assign or transfer these Terms shall be null and void. ShibaDoge Labs may assign or transfer these Terms according to its sole and exclusive discretion, without any restrictions. These Terms shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
(c) Communication. ShibaDoge Labs will communicate with you by posting any notices or other communications on the Site under these Terms.You understand and acknowledge that this is the only form of communication which ShibaDoge Labs is obligated to undertake.
(d) Waiver of Rights. ShibaDoge Labs' decision to not enforce any of the rights or provisions mentioned in these Terms shall not imply a waiver of those rights or provisions. Any waiver of such rights or provisions will only be valid if it is in writing and signed by a representative duly authorized by ShibaDoge Labs. Any action taken by either party to enforce its remedies under these Terms will not affect its other remedies under these Terms or otherwise, unless stated otherwise in these Terms.