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DECLARATION OF ABANDONMENT

Statement of Purpose

In the spirit of radical decentralization, all aspects of Burrow must belong to the community, from the smart contract code to the front-end itself.

To that end, the purpose of this Declaration of Abandonment is to publicly declare the intention of the creators and subsequent owners (“owners”) associated with the original work of authorship of the Burrow front-end (the “Work”) to abandon any and all Copyright and Related Rights (defined below) associated with the Work except as otherwise indicated in this Declaration.

The Owners wish to permanently relinquish those rights to the Work for the purpose of decentralizing the Work and freeing the Work of any and all Copyright and Related Rights encumbrances, so that the public can reliably and without fear of later claims of infringement build upon, modify, incorporate in other works, reuse and redistribute as freely as possible in any form whatsoever and for any purposes.

Without any expectation of additional consideration or compensation, the person, or persons, associating this Declaration with the Work (the "Affirmer"), to the extent that he or she is an owner of Copyright and Related Rights in the Work, voluntarily elects to apply this Declaration to the Work and publicly commit, distribute and abandon the Work under its terms, with knowledge of his or her Copyright and Related Rights in the Work and the meaning and intended legal effect of this Declaration on those rights.

1. Copyright and Related Rights. A Work made available per this Declaration may be protected by copyright and related or neighboring rights ("Copyright and Related Rights"). Copyright and Related Rights include, but are not limited to, the following:

i. the right to reproduce, adapt, distribute, perform, display, communicate, and translate a Work;

ii. moral rights retained by the original author(s) and/or performer(s);

iii. publicity and privacy rights pertaining to a person's image or likeness depicted in a Work;

iv. rights protecting against unfair competition in regards to a Work, subject to the limitations in paragraph 4(a), below; v. rights protecting the extraction, dissemination, use and reuse of data in a Work;

vi. database rights (such as those arising under Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, and under any national implementation thereof, including any amended or successor version of such directive);

vii. other similar, equivalent or corresponding rights throughout the world based on applicable law or treaty, and any national implementations thereof; and

viii. patent rights in any computer code associated with the Work, elements of the Work, components of the Work, sub-components of the Work, or in the Work as a whole.

2. Waiver. To the greatest extent permitted by, but not in contravention of, applicable law, Affirmer hereby overtly, fully, permanently, irrevocably and unconditionally waives, abandons, and surrenders all of Affirmer's Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "Waiver"). Affirmer makes the Waiver for the benefit of each member of the public at large and to the detriment of Affirmer's heirs and successors, fully intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by Affirmer's express Statement of Purpose.

Additionally, it is the intention of the owners and Affirmers that this Declaration be viewed as an enumeration of their intentional relinquishment of Copyright and Related Rights with knowledge of their existence and the intent to relinquish them, an overt act of abandonment and a subjective intention to completely relinquish their Copyright and Related Rights, a donation to the general public, and an assignment of Copyright and Related Rights to the public domain for the life of the duration of any Copyright and Related Rights.

3. Public License Fallback. Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, then the Waiver shall be preserved to the maximum extent permitted taking into account Affirmer's express Statement of Purpose. In addition, to the extent the Waiver is so judged Affirmer hereby grants to each affected person a royalty-free, transferable, sublicensable, non exclusive, irrevocable and unconditional license to exercise Affirmer's Copyright and Related Rights in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "License"). The License shall be deemed effective as of the date this Declaration was applied by Affirmer to the Work. Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case Affirmer hereby affirms that he or she will not (i) exercise any of his or her remaining Copyright and Related Rights in the Work or (ii) assert any associated claims and causes of action with respect to the Work, in either case contrary to Affirmer's express Statement of Purpose.

4. Limitations and Disclaimers.

a. The “Burrow” brand or designs are not trademarks or service marks and are not intended to identify the source of any goods or services. They constitute part of the ownerless, decentralized Burrow commons, which is governed through a combination of rough social consensus and the on-chain governance process. However, as set forth in the “Disclaimers and Warnings Regarding Use”, to the extent the Affirmer possesses intellectual property rights in the “Burrow” brand or designs, such rights are licensed under Creative Commons Attribution-ShareAlike 4.0 International License.

b. Affirmer offers the Work as-is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including without limitation warranties of title, merchantability, fitness for a particular purpose, non infringement, or the absence of latent or other defects, accuracy, or the present or absence of errors, whether or not discoverable, all to the greatest extent permissible under applicable law.

c. Affirmer disclaims responsibility for clearing rights of other persons that may apply to the Work or any use thereof, including without limitation any person's Copyright and Related Rights in the Work. Further, Affirmer disclaims responsibility for obtaining any necessary consents, permissions or other rights required for any use of the Work.

DISCLAIMERS & WARNINGS REGARDING USE

USER ACKNOWLEDGES THAT USE OF THE SITE IS AT THE USER’S OWN RISK.

THIS SITE DOES NOT HAVE CUSTODY OVER YOUR ASSETS OR ACCESS TO YOUR PRIVATE KEY AND CANNOT INITIATE A TRANSFER OF DIGITAL ASSETS OR OTHERWISE ACCESS YOUR DIGITAL ASSETS. THE SITE IS NOT A BROKER OR INTERMEDIARY AND IS IN NO WAY YOUR AGENT, ADVISOR, OR CUSTODIAN, AND DOES NOT HAVE A FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU REGARDING ANY OTHER DECISIONS OR ACTIVITIES THAT YOU EFFECT WHEN USING YOUR WALLET TO INTERACT WITH THE BURROW SMART CONTRACT PROTOCOL OR NEAR BLOCKCHAIN. THE SITE IS NOT MAINTAINED OR OPERATED BY ANY PARTY. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITIES THAT YOU ENGAGE IN WHEN USING YOUR WALLET, AND YOU SHOULD UNDERSTAND THE RISKS ASSOCIATED WITH PARTICIPATING IN DECENTRALIZED PROTOCOLS ON THE NEAR BLOCKCHAIN.

These disclaimers and warnings (the “Disclaimers & Warnings”) are relevant to each individual, entity, group, or association who views, interacts, links to or otherwise uses or derives any benefit from the Site (as defined below) (“Users”) and each User understands that the by accessing and using the Site, they represent and warrant that they have read and understand these Disclaimers & Warnings and there is no counterparty that operates, owns or controls this Site.

Summary

Among other things, by accessing and/or using this Site you must:

  • be at least eighteen years of age, of sound mental capacity, and have all technical knowledge necessary or advisable to understand and evaluate the risks of the Site and Burrow;
  • acknowledge that the Site is provided for informational purposes only and is not directly or indirectly in control of or capable of interacting with Near and Burrow or performing or effecting any transactions on your behalf;
  • acknowledge that the Site is only being provided as an aid to your own independent research and evaluation of Burrow and that no representation or warranty is being made as to the accuracy or completeness of information on the Site;
  • acknowledge that the ability of the Site to connect with third-party wallet applications or devices is not an endorsement or recommendation thereof, and you must assume all responsibility for selecting and evaluating, and incurring the risks of any bugs, defects, malfunctions or interruptions of any third-party wallet applications or devices you directly or indirectly use in connection with the Site;
  • comply with all applicable laws, rules, and regulations; and
  • not be person who is subject to national or international sanctions or located or ordinarily resident in Cuba, Iran, North Korea, Sudan, Syria, the Crimea region or any other country or jurisdiction against which the U.S. or United Nations maintains economic sanctions.

The above is only a partial summary. You should read the Disclaimers & Warnings in their entirety. In the event of any conflict or inconsistency between this summary and the Disclaimers relating to any issue, the Disclaimers & Warnings will be determinative of the issue.

  1. Site Overview

    1.1. About the Site

    The Site aggregates and publishes publicly available third-party information about:

    • the Burrow Smart Contract Protocol;

    • the Burrow Smart Contract System;

    • tokens that exist and have been or may be made available by third parties known as “liquidity providers” in connection with the Burrow Smart Contract System;

    • the implied or express fair market prices of tokens;

    • the staking, distribution and voting of $BRRR pursuant to governance of the Burrow Smart Contract System; and

    • transaction records on Near relating to the Burrow Smart Contract System.

      The Site also offers interaction methods whereby the User can indicate a transaction the User would like to perform in connection with the Burrow Smart Contract System. When used in this way, the Site can generate a draft transaction message which the User can independently utilize in conjunction with a third-party wallet application or device to conduct transactions on Near.

      1.2. About Burrow

    The Burrow Smart Contract Protocol is open-source software source code freely licensed to the public, which provides a protocol through which users can deposit crypto assets to earn interest or use those assets as collateral and borrow against them. The Burrow Smart Contract System is a copy of the Burrow Smart Contract Protocol that has been compiled to bytecode and permanently associated with one or more specific public addresses on Near. Through a compatible third-party Near wallet application or device or a Near Node, any User may pay Near Validators to operate and record the results of the Burrow Smart Contract System in accordance with the User’s instructions, thus effectuating token transactions on Near.

    1.3. Relationship to Burrow Smart Contract System

    Nobody owns, operates, or controls Near, this Site, or the Burrow Smart Contract System. Using Near or the Burrow Smart Contract System does not require use of the Site. The Site aggregates and publishes publicly available information about Near and the Burrow Smart Contract System in a user-friendly and convenient format. Such information is also independently available from other sources—for example, a person may directly review Near transaction history, account balances and the Burrow Smart Contract System on a Near block explorer.

    By combining publicly available information with the User’s interactions with the Site, the Site can draft standard transaction messages compatible with the Burrow Smart Contract System which are designed to accomplish the User’s operational goals as expressed through the interactions. If the User so wishes, the User may broadcast such messages to Near in order to initiate token transactions.

    All draft transaction messages are delivered by the Site via API to a compatible third-party Near wallet application or device selected by the User after pressing the “Connect Wallet” button on the Site. The User must personally review and authorize all transaction messages that the User wishes to send to Near; this requires the User to sign the relevant transaction message with a private cryptographic key inaccessible to the Site. The User-authorized message will then be broadcast to Near Validators through the wallet application or device and the User may pay a network fee to have the Near Validators apply the transaction message to the Burrow Smart Contract System and record the results on Near—resulting in a token transaction being completed on Near.

    The Site does not store or have access to or control over any tokens, private keys, passwords, accounts or other property of the User, and is not capable of performing transactions or sending transaction messages on behalf of the User. The Site does not hold and cannot purchase, sell, or trade any tokens. All transactions relating to the Burrow Smart Contract System are effected and recorded solely through the interactions of the User with the Near Validators.

    1.4. Defined Terms

    • “Burrow Smart Contract Protocol” means the open source code used to compile contracts at Burrow Contracts GitHub.

    • “Burrow Smart Contract System” means the runtime bytecodes (aka “smart contracts”) deployed to the following Near network addresses:

      [contract.main.burrow.near, contract.beta.burrow.near]

    • “Site” means the web site, web pages, web applications and information and software available at or accessible through the URL https://app.burrow.finance/ or any sub-URL of such URL.

    • “Near”: at each time, the canonical blockchain and virtual machine environment of the Near ‘mainnet’, as recognized by at least a majority of the Near Validators then being operated in good faith in the ordinary course of the network. On the Purchase Date, the Near mainnet is the network associated with ChainID ‘mainnet’.

    • “Near Core Nodes”: at each time, the internet-connected computers then running unaltered and correctly configured instances of the most up-to-date production release of Near Core (the reference implementation of the Near Protocol at https://github.com/near/nearcore.

    • “Near Validators”: at each time, the Near Core Nodes (by number of $NEAR staked) included at such time by the Near Code as part of the recognized validator set.

  2. Certain Risks of the Site

    Each User hereby acknowledges and assumes the risks of, the matters described in this Section 2

    2.1. Content

    The Site contains no representations or warranties as to the quality, origin, or ownership of any content found on or available through the Site.

    In providing information about tokens and/or tokens that are part of clusters, the Site associates or presumes the association of a token name, symbol, or logo with a specific smart contract deployed to one or more blockchain systems. In making such associations, the Site relies upon third-party resources which may not be accurate or may not conform to a given User’s expectations. Multiple smart contracts can utilize the same token name or token symbol as one another, meaning that the name or symbol of a token does not guarantee that it is the token desired by the User or generally associated with such name or symbol. Users must not rely on the name, symbol or branding of a token on the Site, but instead must examine the specific smart contract associated with the name, symbol or branding and confirm that the token accords with User’s expectations.

    2.2. User Responsibility for Accounts & Security

    Users are solely responsible for all matters relating to their accounts, addresses and tokens and for ensuring that all uses thereof comply fully with these Disclaimers & Warnings. Users are solely responsible for protecting the data integrity and confidentiality of their login information and passwords or private keys for the Site or any wallet applications or devices used in connection with the Site. The compatibility of the Site with Near wallet applications and devices or other third-party applications or devices is not intended as, and you hereby acknowledge that you will not construe such compatibility as, an endorsement or recommendation thereof or a warranty, guarantee, promise, or assurance regarding the fitness or security thereof.

    2.3. No Site Fees; Third-Party Fees Irreversible

    There are no fees or charges for use of the Site. Use of the Burrow Smart Contract System and the use of Near is subject to third-party transaction fees. The Site does not receive such fees and has no ability to reverse or refund any amounts paid in error.

    2.4. Site

    The Site is a free and decentralized web application that has no host, owner, or operator. There is no one with the ability or obligation to ensure that it is a complete and accurate source of all information relating to the Burrow Smart Contract System or any other subject matter. The Site does not necessarily display all tokens that are available for trading in connection with the Burrow Smart Contract System. Even if the Site currently displays a particular token or token pair, the Site may discontinue tracking and publishing information about that token or token pair at any time. In the event of such discontinuation, Users may need to rely on third-party resources such as block explorers or Near Core Nodes in order to get equivalent information, and, depending on the User’s level of expertise and the quality of such third-party resources, this may result in the User incurring financial losses due to delays or mistakes in processing information or transactions.

    The Burrow Smart Contract Protocol is available under a free open-source license, and the Site does not have proprietary or exclusive rights in the Burrow Smart Contract Protocol. It is possible that additional copies of the Burrow Smart Contract Protocol or derivatives thereof will be deployed to Near or other blockchain systems in the future by any person, resulting in the existence of multiple ‘Burrow-branded’ smart contract systems. The Site is under no obligation to publish information for all such copies of the Burrow Smart Contract Protocol or to warn Users regarding the existence of such alternatives.

    2.5. No Regulatory Supervision

    The Site is not registered or qualified with or licensed by, does not report to and is not under the active supervision of any government agency or financial regulatory authority or organization. No government or regulator has approved the accuracy or completeness of any information available on the Site. Similarly, the technology, systems, tokens and persons relevant to information published on the Site may not be registered with or under the active supervision of or be registered or qualified with or licensed by any government agency or financial regulatory authority or organization. The Site is not registered as a broker, dealer, advisor, transfer agent or other intermediary.

  3. Intellectual Property Matters

    3.1. Site Code

    The HTML and other software code and text used in the Site is available at https://github.com/burrowHQ/burrow-cash

    3.2. Marks, Logos and Branding

    All Burrow-related marks, logos, and branding used on the Site are non-proprietary and freely licensed under the Creative Commons Attribution-ShareAlike 4.0 International Public License. All other marks, logos and branding appearing on the Site (including token names, symbols and logos identified on the Site which may trade in connection with the Burrow Smart Contract System) are the property of their respective owners.

    3.3. Burrow Smart Contract Protocol

    The Burrow Smart Contract Protocol is available at https://github.com/burrowHQ/burrowland and is freely licensed under UNLICENSE

  4. Permitted & Prohibited Uses

    4.1. Permitted Uses

    The Site is intended to be available exclusively for use by technologically and financially sophisticated persons who wish to use the Site for informational purposes only as an aid to their own research, due diligence and financial decision making. Before utilizing information from the Site (including any draft transaction messages) to engage in transactions, each User must independently verify the accuracy of such information (and the consistency of such draft transaction messages with the User’s intentions). The foregoing are the “Permitted Uses”.

    4.2. Prohibited Uses

    Each User must not and acknowledges that they will not, directly or indirectly, in connection with their use of the Site:

    • utilize the Site other than for the Permitted Uses;

    • utilize the Site at any time when any representation of User set forth in Section 5 is untrue or inaccurate;

    • rely on the Site as a basis for or a source of advice concerning any financial decision-making or transactions;

    • employ any device, scheme or artifice to defraud, or otherwise materially mislead, any person;

    • engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon the any person;

    • violate, breach or fail to comply with any applicable provision of these Disclaimers & Warnings or any other terms of service, privacy policy, trading policy or other contract governing the use of the Site;

    • engage or attempt to engage in or assist any hack of or attack on the Site or any wallet application or device, including any “sybil attack”, “DoS attack” or “griefing attack” or theft;

    • commit any violation of applicable laws, rules or regulations;

    • engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including:

      • trading at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity, unduly or improperly influencing market prices or establishing a price which does not reflect the true state of the market;
      • trading without changes in material beneficial ownership for the purpose of creating or inducing a false or misleading appearance of trading activity or creating or inducing a false or misleading appearance with respect to market conditions; or
      • participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing market prices;

    • transact in securities, commodities futures, trading of commodities on a leveraged, margined or financed basis, binary options (including prediction-market transactions), real estate or real estate leases, equipment leases, debt financings, equity financings or other similar transactions, in each case, if such transactions do not comply with all laws, rules and regulations applicable to the parties and assets engaged therein;

    • engage in token-based or other financings of a business, enterprise, venture, DAO, software development project or other initiative, including ICOs, DAICOs, IEOs, “yield farming” or other token-based fundraising events; or

    • engage in any conduct that would cause the Site to be classified as a regulated financial product such as securities, derivatives or swaps.

      The foregoing matters are referred to herein as “Prohibited Uses”.

  5. Representations and Warranties of Users

    Each User hereby represents and warrants that the following statements and information are accurate and complete at all relevant times. In the event that any such statement or information becomes untrue as to a User, User shall immediately cease accessing and using the Site.

    5.1. Adult Status; Capacity; Residence; Etc.

    If User is an individual, User is of legal age in the jurisdiction in which User resides (and in any event is older than eighteen years of age) and is of sound mind. If User is a business entity, User is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized and has all requisite power and authority for a business entity of its type to carry on its business as now conducted.

    5.2. Power and Authority

    User has all requisite capacity, power, and authority to accept the Disclaimers & Warnings and to carry out and perform its obligations under these Disclaimers & Warnings.

    5.3. No Conflict; Compliance with Law

    User acknowledging and understanding these Disclaimers & Warnings and using the Site does not constitute and would not reasonably be expected to result in (with or without notice, lapse of time, or both) a breach, default, contravention, or violation of any law applicable to User, or contract or agreement to which User is a party or by which User is bound.

    5.4. Absence of Sanctions

    User is not, (and, if User is an entity, User is not owned or controlled by any other person who is), and is not acting on behalf of any other person who is, identified on any list of prohibited parties under any law or by any nation or government, state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government such as the sanctions lists maintained by the United Nations Security Council, the U.S. government (including the U.S. Treasury Department’s Specially Designated Nationals list and Foreign Sanctions Evaders list), the European Union (EU) or its member states, and the government of a User home country. User is not, (and, if User is an entity, User is not owned or controlled by any other person who is), and is not acting on behalf of any other person who is, located, ordinarily resident, organized, established, or domiciled in Russia, Cuba, Iran, North Korea, Sudan, Syria, the Crimea region (including Sevastopol) or any other country or jurisdiction against which the U.S. maintains economic sanctions or an arms embargo (a “Restricted Territory”). The tokens or other funds User uses to participate in the Burrow Smart Contract System are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law.

    5.5. Non-Reliance

    User is knowledgeable, experienced, and sophisticated in using and evaluating blockchain and related technologies and assets, including Near, tokens, yield-generating smart contract systems, automated market making smart contract systems, bonding curve systems and “smart contracts” (runtime bytecode deployed to Near or another blockchain). User has conducted its own thorough independent investigation and analysis of the Burrow Smart Contract System and the other matters contemplated by these Disclaimers & Warnings, and has not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of anyone in connection with the Site.

  6. Risks, Disclaimers and Limitations of Liability

    Each User hereby acknowledges and assumes the risks of the matters described in this Section 6.

    6.1. Disclaimer of Representations

    The Site is being provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, any and all information, statements, omissions, representations and warranties, express or implied, written or oral, equitable, legal or statutory, in connection with the Site and the other matters contemplated by these Disclaimers & Warnings, including any representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability or fitness for any particular purpose, workmanship or technical quality of any code or software used in or relating to the Site, are disclaimed. User acknowledges and understands that use of the Site is at the User’s own risk.

    6.2. No Responsibility for Tokens; No Guarantee of Uniqueness

    The Site has no responsibility for the tokens traded by Users on the Burrow Smart Contract System. The Site does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality, or value of any token traded by Users on the Burrow Smart Contract System, even if information about such token is available on the Site.

    6.3. No Professional Advice or Liability

    All information provided is for informational purposes only and should not be construed as professional, accounting or legal advice. Users should not take or refrain from taking any action in reliance on any information contained in these Disclaimers & Warnings. Before Users make any financial, legal, or other decisions involving the Site, Users should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.

    6.4. Third-Party Offerings and Content

    References, links, or referrals to or connections with or reliance on third-party resources, products, services or content, including smart contracts developed or operated by third parties, may be provided to Users in connection with the Site. In addition, third parties may offer promotions related to the Site. The Site does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If Users access any such resources, products, services or content or participate in any such promotions, Users do so solely at their own risk.

    6.6. Certain Uses and Risks of Blockchain Technology

    6.6.(a) Use of Blockchain Technology. Anyone may utilize experimental cryptographic technologies and blockchain technologies, including tokens, cryptocurrencies, stablecoins, “smart contracts,” consensus algorithms, voting systems and distributed, decentralized or peer-to-peer networks or systems in connection with the Site or systems about which the Site provides information. Each User acknowledges and understands that such technologies are novel, experimental, and speculative, and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto.

    6.6.(b) Certain Risks of Blockchain Technology. The technologies relevant to the Site depend on public peer-to-peer networks such as Near that are not under anyone’s sole control or influence and are subject to many risks and uncertainties. Such technologies include the Burrow Smart Contract System other than ceasing to display information about certain “smart contracts” or adding information about new “smart contracts”. Users are solely responsible for the safekeeping of the private key associated with the blockchain address used in connection with the Burrow Smart Contract System. No one will be able to restore or be required to issue any refund in respect of property lost or frozen due to loss of private keys or otherwise. If a User is not able to spend or use tokens due to loss or theft of the corresponding private key or otherwise, a User will be unable to enjoy the benefits of such tokens.

    6.6.(c) Certain Risks of Smart Contract Technology. Digital assets relevant to the Site depend on the Burrow Smart Contract System or other smart contracts deployed to Near or other blockchain systems, which may be coded or deployed by anyone. Once deployed to Near, the code of smart contracts, including the Burrow Smart Contract System, cannot be modified. In the event that the Burrow Smart Contract System or other smart contracts are adversely affected by malfunctions, bugs, defects, malfunctions, hacking, theft, attacks, negligent coding or design choices, or changes to the protocol rules of Near, Users may be exposed to a risk of total loss and forfeiture of all relevant digital assets. No one assumes any liability or responsibility for any of the foregoing matters.

    6.6.(d) Asset Prices. The fiat-denominated prices and value in public markets of cryptocurrencies and tokens have historically been subject to dramatic fluctuations and may be highly volatile. As relatively new products and technologies, blockchain-based assets are not widely accepted as a means of payment for goods and services. A significant portion of demand for these assets may be generated by speculators and investors seeking to profit from the short- or long-term holding of blockchain assets. The market value of any token may decline below the price for which a User acquires such asset through the Burrow Smart Contract System or on any other platform. User acknowledges and understands that the costs and speeds of transacting with cryptographic and blockchain-based systems such as Near are variable and may increase or decrease dramatically at any time, resulting in prolonged inability to access or use any tokens.

    6.6.(e) Regulatory Uncertainty. Blockchain technologies and digital assets are subject to many legal and regulatory uncertainties, and the Burrow Smart Contract System or any tokens could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit the ability of User to continue the use and enjoyment of such assets and technologies.

    6.6.(f) Cryptography Risks. Cryptography is a developing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to Near, the Burrow Smart Contract System or tokens, including the theft, loss or inaccessibility thereof.

    6.6.(g) Fork Handling. Near, the Burrow Smart Contract System, and all tokens may be subject to “forks.” Forks occur when some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that: (i) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol; or (ii) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are “contentious” and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. No one maintains, hosts or operates this site and therefore no one will be able to anticipate, control or influence the occurrence or outcome of forks, or assume any risk, liability or obligation in connection therewith. Without limiting the generality of the foregoing, User acknowledges and understands that no one assumes any responsibility to notify a User of pending, threatened or completed forks. No one will be able to modify this site to respond to any forks, and no one has any duty or obligation or liability to a User if such response (or lack of such response) acts to a User detriment. Each User assumes full responsibility to independently remain apprised of and informed about possible forks, and to manage the User’s own interests and risks in connection therewith.

    6.6.(h) Third-Party Software Dependencies. The Burrow Smart Contract System and other smart contracts deployed to Near are public software utilities which are accessible directly through any Near node or indirectly through any compatible Near “wallet” application which interacts with such a node. Interacting with the Burrow Smart Contract System does not require use of the Burrow Apps, but the Burrow Apps provide a convenient and user-friendly method of reading and displaying data from the Burrow Smart Contract System and generating standard transaction messages compatible with the Burrow Smart Contract System. Because Burrow does not provide Near wallet software or Near Nodes, such software constitutes a third-party or user dependency without which Burrow Smart Contract System cannot be utilized and tokens cannot be traded or used. Furthermore, the site may utilize APIs, middleware, and servers of third parties, and no one guarantees the continued operation, maintenance, availability or security of any of the foregoing dependencies.

    6.7. Tax Issues

    The tax consequences of purchasing, selling, holding, transferring, or locking tokens or otherwise utilizing the Burrow Smart Contract System are uncertain, may vary by jurisdiction, and may be adverse to a User. No one has undertaken any due diligence or investigation into such tax consequences, assumes no obligation or liability to optimize the tax consequences to any person and is not providing any tax advice.

    6.8. Legal Limitations on Disclaimers

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to specific Users. The disclaimers and limitations of liability provided in these terms shall apply to the fullest extent permitted by applicable law.

  7. Miscellaneous

    7.1. Headings

    The headings and captions contained in these Disclaimers & Warnings are for convenience of reference only, shall not be deemed to be a part of these Disclaimers & Warnings and shall not be referred to in connection with the construction or interpretation of these Disclaimers & Warnings.

    7.2. Severability

    In the event that any provision of these Disclaimers & Warnings, or the application of any such provision to any person or set of circumstances, shall be determined by an arbitrator or court of competent jurisdiction to be invalid, unlawful, void or unenforceable to any extent: (a) the remainder of these Disclaimers & Warnings, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law; and (b) no party shall have the right to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consumed as originally contemplated to the fullest extent possible.

    7.3. No Implied Waivers

    No failure or delay on the part of any party in the exercise of any power, right, privilege or remedy under these Disclaimers & Warnings shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No party shall be deemed to have waived any claim arising out of these Disclaimers & Warnings, or any power, right, privilege or remedy under these Disclaimers & Warnings, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such party, and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

    7.4. No Professional Advice

    All information provided by the Site is for informational purposes only and should not be construed as professional advice. Nothing included in the Site constitutes an offer or solicitation to sell, or distribution of, investments and related services to anyone in any jurisdiction. In particular, the content and materials available on the Site does not constitute any form of advice or recommendation by us, should not be regarded as an offer, solicitation, invitation or recommendation to buy or sell tokens or investments of any kind and is not intended to be relied upon by you in making any specific investment or other decisions. You should not take, or refrain from taking, any action based on any information contained in the Site. Before you make any financial, legal, or other decisions involving the Site, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

    Any reference to any Rate on the Site is denominated in terms of stablecoins, digital assets, or other tokens, as applicable, not USD or other fiat currency. The Rate is a forward-looking projection based on a good faith belief of how to reasonably project results over the relevant period, but such belief is subject to numerous assumptions, risks and uncertainties (including smart contract security risks and third-party actions) which could result in a materially different (lower or higher) token-denominated Rate. The Rate is not a promise, guarantee, or undertaking on the part of any person or group of persons but depends entirely on the results of operation of smart contracts and other autonomous systems (including third-party systems) and how third parties interact with those systems after the time of your deposit. Even if the Rate is achieved as projected, you may still suffer a financial loss in fiat-denominated terms if the fiat-denominated value of the relevant tokens (your deposit and any tokens allocated or distributed to you pursuant to the Rate) declines during the deposit period.

    7.5. No Fiduciary Duties

    These Disclaimers & Warnings are not intended to, and do not, create or impose any fiduciary duties on any party. To the fullest extent permitted by law, you acknowledge and agree that the no party owes any fiduciary duties or liabilities to you or any other party and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.

    7.6. Interpretation

    (a) “hereof,” “herein,” “hereunder,” “hereby” and words of similar import will, unless otherwise stated, be construed to refer to these Terms as a whole and not to any particular provision of these Disclaimers & Warnings;

    (b) “include(s)” and “including” shall be construed to be followed by the words “without limitation”;

    (c) “or” shall be construed to be the “inclusive or” rather than “exclusive or” unless the context requires otherwise;

    (d) any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of these Disclaimers & Warnings;

    (e) section titles, captions and headings are for convenience of reference only and have no legal or contractual effect.;

    (f) whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders, and the neuter gender shall include the masculine and feminine genders; and except as otherwise indicated, all references in these Disclaimers & Warnings to “Sections,” “clauses,” etc., are intended to refer to Sections of Sections, clauses, etc. of these Disclaimers & Warnings.