Effective Date: June 17, 2022

These Terms of Use ("Terms") are between you, individually, or your company or legal entity, as applicable ("User") and Digital Asset Communications, LLC ("Dispatch") and govern User's access to http://dispatch.co, or its successor site(s) (the "Site") and use of the content, functionality and services offered though the Site (the "Services"). These Terms, together with any additional documentation incorporated herein by reference, including but not limited to the Privacy Policy, is the parties' entire agreement with respect to the subject matter and merges and supersedes all related prior and contemporaneous agreements. By (i) accessing or using the Site or the Services or (ii) accepting via click-through or otherwise or manually or electronically signing these Terms, User indicates its acceptance of these Terms. If User is accepting these Terms on behalf of a company or other legal entity, User represents, warrants, and covenants to Dispatch that User has the legal authority to bind such company or legal entity to these Terms. If User does not have such authority or does not agree with these Terms, User must not access or use the Site or the Services. The "Effective Date" of these Terms is the date of User's acceptance of these Terms. Capitalized terms have the meanings ascribed to them in these Terms.

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, USER AGREES TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT USER WAIVES ANY RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND USER WAIVES ANY RIGHT TO PARTICIPATE IN COLLECTIVE ACTION, WHETHER THAT BE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

Dispatch reserves the right to change or modify these Terms at any time in its sole discretion. User understands and agrees that by accessing or using the Site or the Services following any change or modification to these Terms, User agrees to the revised Terms.

Dispatch grants User a limited, non-exclusive, non-transferable, revocable license to access and use the Site and the Services, subject to User agreeing and at all times abiding by the following conditions:

Unlawful Activity: User shall not engage or assist in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or that involves proceeds of any unlawful activity.

Abusive Activity: User shall not engage in any activity that poses a threat to Dispatch, the Site, or the Services, including but not limited to, (1) distributing a virus or other harmful code; (2) interfering with other users' access to or use of the Site or the Services; (3) developing, supporting or using software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Site or the Services or otherwise copy or extract profiles and other data from the Site or the Services; or (4) overriding any security feature or bypassing or circumventing any access controls or use limits of the Site or the Services.

Harassing, Threatening, Hateful, and Sexually Explicit Communications: User shall not use the Services for purposes of (1) sending unsolicited advertising or promotions, requests for donations, or spam; (2) threatening, advocating, or inciting physical harm to or violence against others, or promoting or encouraging self-harm or suicide; (3) engaging in hate speech, harassing or abusing others, or promoting discrimination against others solely on race, ethnicity, natural origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status; or (4) sending pornographic or sexually explicit content.

Fraud: User shall not engage in any activity which operates to defraud Dispatch, other users, or any other person, or to provide any materially false, inaccurate, or misleading information to Dispatch, other users, or any other person.

Gambling: User shall not use the Services to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.

Intellectual Property Infringement: User shall not (1) engage in transactions involving content that infringes or violates any copyright, patent, trademark, right of publicity or privacy or any other proprietary right under the law; (2) use Dispatch IP (as defined below in "Intellectual Property Rights") without the prior written consent from Dispatch; or (3) engage in any action that implies an untrue endorsement or affiliation with Dispatch.

Additional Prohibitions: User shall not (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Dispatch IP without Dispatch's prior written consent; (2) reverse-engineer, copy, modify, decompile, or create derivative works from the Site or the Services, or any portion thereof; (3) market, offer to sell, resell, rent, lease, sublease, license, or sublicense the Site or the Services; (4) download any portion of the Site or the Services, other than for purposes of ordinary course page caching, except as expressly permitted by Dispatch; or (5) create or use a false identity on this Site or attempt to use another's Dispatch account without authorization.

The Site and the Services, among other things, allows User to: (1) create a profile where they can post certain information about themselves, link to other websites, and display content that they own (collectively, "Profile Information"); (2) receive, design, create, and distribute on-chain messages in the form of non-fungible tokens ("Dispatch Messages"); and (3) access and use data and analytics provided by Dispatch and/or other third parties relating to User's and other third parties' digital asset wallet activity that is based on existing publicly available data e.g., stored on various blockchains, as well as on User's access and use of the Site and the Services ("User Analytics") (collectively, with Profile Information and Dispatch Messages, "User Content"). All User Content must comply with these Terms.

Any User Content will be considered non-confidential and non-proprietary to User. User grants Dispatch and its affiliates and its respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, retransmit, publish, broadcast, and otherwise disclose to third parties any such User Content, as applicable, for any purpose. User represents, warrants, and covenants that (1) User owns and controls all right, title and interest in and to User Content and has the right to grant such licenses to Dispatch and its affiliates and its respective licensees, successors, and assigns; and (2) all User Content complies with these Terms.

User understands and agrees that User is responsible for all of its User Content, and User shall remain solely responsible for such User Content, including its compliance with these Terms, legality, reliability, accuracy, completeness, and appropriateness. Dispatch is not responsible or liable to any third party for the legality, reliability, accuracy, completeness, or appropriateness of any User Content. Although Dispatch is not required to monitor any User Content, it may, in its sole discretion, remove User Content at any time and for any reason without notice. Dispatch may monitor User Content to detect and prevent fraudulent activity or violation of these Terms.

If User has any complaints or otherwise thinks anyone is violating any of these Terms, please notify Dispatch immediately at [email protected].

User agrees that Dispatch has the right to immediately suspend or terminate User's access to the Site or the Services without notice if Dispatch suspects, in its sole discretion, that (1) User's account is being used for any illegal activity; (2) User has provided information that is materially false, inaccurate, or misleading in a way that could deceive or confuse others about their identity or important events, topics, or circumstances; (3) User has engaged in fraudulent activity; (4) User is using, employing, or operating bots or other forms of automation and/or multiple accounts to engage in any activity on the Site; or (5) User has otherwise violated or threatened to violate these Terms. In addition to the foregoing, Dispatch has the right to, in its sole discretion, remove the ability for User to view or access certain User Content on the Site or the Services as well as to modify, edit, or burn Dispatch Messages.

The Site and the Services, and all content and other materials contained therein, including, without limitation, the Dispatch logo, and all designs, text, slogans, graphics, pictures, information, data, software, files, and the selection and arrangement thereof (collectively, "Dispatch IP"), are the proprietary property of Dispatch and its affiliates, or its licensors or its users, as applicable. The Dispatch logo and any Dispatch product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of Dispatch and its affiliates, and may not be copied, imitated or used, in whole or in part, without Dispatch's prior written permission.

User may not use any Dispatch IP without Dispatch's prior written permission. User agrees to abide by all applicable copyright, patent, trademark and other intellectual property laws and with all additional copyright, patent, and trademark notices, information, and restrictions contained on the Site or in the Services. In addition, the look and feel of the Site and the Services, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Dispatch and may not be copied, imitated, or used, in whole or in part, without Dispatch's prior written permission.

Notwithstanding anything to the contrary herein, User understands and agrees that it shall have no ownership or other property interest in its account with Dispatch and User further agrees that all rights in and to its account are and shall forever be owned by and inure to the benefit of Dispatch.

All other trademarks, product names, and logos on the Site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. If User thinks anyone has posted material to the Site or the Services that violates any protected marks or copyrights, please contact [email protected] and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that is claimed to have been infringed; (3) a description of the location on the Site or the Services of the material that is claimed to be infringing; (4) User's address, telephone number and e-mail address; (5) a written statement by User that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by User, made under penalty of perjury, that the above information in the notice is accurate and that User is the copyright owner or authorized to act on the copyright owner's behalf.

Dispatch may rely on third-party products and services, including but not limited to digital asset wallet providers, to perform transactions or provide other services, and as a result the Site and the Services may contain links to third-party websites or applications (collectively, the "Third Party Sites"). Dispatch does not own or control the Third Party Sites and may not notify User when it is leaving the Site for a Third Party Site. User understands and agrees that its access to or use of any Third Party Site is subject to any terms of use and/or privacy policy provided by such Third Party Site. Dispatch provides these Third Party Sites only as a convenience and does not investigate, review, approve, monitor, endorse, or make any representations, warranties, or covenants with respect to the Third Party Sites or their products or services. Access to or use of all links to Third Party Sites along with use of any associated third-party products and services is at User's own risk.

Certain data provided through the Site and the Services is provided by Valid Network, Ltd and/or other third parties. User may not (a) redistribute any such data, (b) use such data to create or be used in connection with any digital asset index, or (c) use such data as a benchmark for the purposes of determining the amount payable under a financial instrument or financial contract, or the value of a financial instrument, or for measuring the performance of an investment fund.

User understands and agrees that in the event that User sends a Dispatch Message to an incorrect address, Dispatch may not have the ability, and is under no obligation or duty, to return or rescind such Dispatch Message or to refund or credit any fees paid in association with such Dispatch Message.

All data and other information provided by the Site and the Services is for informational purposes only and should not be construed as investment advice. Dispatch does not make any investment recommendations to User or opine on the merits of ay investment transaction or opportunity. User is solely responsible for determining whether any investment, investment strategy, or related transaction in any digital asset or other financial instrument is appropriate for User based on its personal investment objectives, financial circumstances, and risk tolerance.

User acknowledges and agrees to the collection, use, and disclosure of its personal information in accordance with Dispatch's Privacy Policy, which is incorporated into these Terms by reference.

By interacting with the Site or the Services, User acknowledges and accepts that:

Digital assets can be highly volatile due to many factors, including but not limited to adoption, speculation, technology and security risks. The cost of transacting and time it takes to effect a transaction in such digital assets may vary and may increase at any time, affecting any activities taking place on the applicable blockchain network, including but not limited to the dissemination of Dispatch Messages. A lack of use or public interest in the creation and development of blockchain-based networks could negatively impact the development of those networks and related applications, and could therefore also negatively impact the potential utility of the Site or the Services. The regulatory regime governing blockchain technologies, non-fungible tokens, and other digital assets is uncertain, and new laws, regulations, or policies may adversely affect the development of the Site or the Services. Dispatch does not control the blockchains that User interacts with or certain smart contracts and protocols that may be integral to User's ability to complete transactions on these blockchains, including the dissemination of Dispatch Messages. Additionally, blockchain transactions are irreversible and Dispatch has no ability to reverse any transactions on the blockchain, including the dissemination of Dispatch Messages. There are risks associated with using Internet and blockchain-based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to a user's digital asset wallet. The Site and the Services are purely non-custodial, meaning User is solely responsible for the custody and security of the private cryptographic key(s) to its digital asset wallet(s). These Terms do not create or impose any duties on Dispatch to safeguard User's private cryptographic key(s). Advances in code cracking or technical advances such as the development of quantum computers may present risks to digital assets and consequently the Site and the Services, which could result in the theft or loss of User's digital assets, including but not limited to the dissemination of Dispatch Messages. User bears full responsibility for verifying the identity, legitimacy, and authenticity of other users of the Site and the Services and the senders and recipients of any Dispatch Messages. Dispatch makes no representations, warranties, or covenants about the identity, legitimacy, or authenticity of its users or the senders or recipients of any Dispatch Messages. User bears full responsibility for verifying the accuracy, reliability, completeness, adequacy, legitimacy, authenticity, and legality of any User Analytics. Dispatch makes no representations, warranties, or covenants about the accuracy, reliability, completeness, legitimacy, authenticity, or legality of any User Analytics. Dispatch makes no representations, warranties, or covenants about any user's digital asset wallets and whether they violate any law, statute, ordinance, regulation, or sanctions program, including but not limited to sanctions programs administered and/or enforced by the U.S. Department of Treasury's Office of Foreign Assets Control (&auot;OFAC"), or that involves proceeds of any unlawful activity.

THE SITE, THE SERVICES, AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. DISPATCH, ITS AFFILIATES, PARENTS, SUBSIDIARIES, LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE "DISPATCH PARTIES"), MAKE NO WARRANTY THAT THE SITE, THE SERVICES, OR THE CONTENT CONTAINED THEREIN WILL (1) MEET USER'S REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE DISPATCH PARTIES HEREBY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SERVICES, AND THE CONTENT CONTAINED THEREIN.

THE DISPATCH PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY CLAIM MADE OR ACTION TAKEN IN RELIANCE ON MATERIAL AND/OR INFORMATION CONTAINED ON THE SITE OR IN THE SERVICES. THE DISPATCH PARTIES DO NOT REPRESENT, WARRANT, OR COVENANT THAT CONTENT ON THE SITE OR INCLUDED IN THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE THE DISPATCH PARTIES ATTEMPT TO MAKE USER'S ACCESS TO AND USE OF THE SITE AND SERVICES SAFE, THE DISPATCH PARTIES CANNOT AND DO NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE, THE SERVICES, OR THE CONTENT CONTAINED THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISPATCH PARTIES CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT USER DISCLOSES ONLINE. USER ACCEPTS THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD THE DISPATCH PARTIES RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO THE DISPATCH'S PARTIES' WILLFUL MISCONDUCT.

THE DISPATCH PARTIES WILL NOT BE RESPONSIBLE OR LIABLE TO USER FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO USER FOR, ANY USE OF THE SITE, THE SERVICES, OR THE CONTENT CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED DISPATCH MESSAGES OR TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED OR HACKED DIGITAL ASSET WALLETS; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR THE SERVICES.

DISPATCH MESSAGES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BLOCKCHAIN UPON WHICH SUCH DISPATCH MESSAGES ARE SENT. THE DISSEMINATION OF ANY DISPATCH MESSAGE OCCURS ON THE APPLICABLE BLOCKCHAIN AND IS EFFECTED IN ACCORDANCE WITH SUCH BLOCKCHAIN'S PROTOCOL RULES. CONSEQUENTLY, THE DISPATCH PARTIES CANNOT GUARANTEE THAT IT CAN EFFECT THE DISSEMINATION OF ANY GIVEN DISPATCH MESSAGE.

THE DISPATCH PARTIES ARE NOT RESPONSIBLE FOR ANY LOSSES DUE TO ANY VULNERABILITY, HACK, FAILURE, OR ABNORMAL BEHAVIOR OF SOFTWARE (E.G., DIGITAL ASSET WALLET, SMART CONTRACT), BLOCKCHAINS, OR ANY OTHER FEATURES OF NON-FUNGIBLE TOKENS. THE DISPATCH PARTIES ARE NOT RESPONSIBLE FOR ANY LOSSES DUE TO LATE DISPATCH MESSAGES (OR NO DISPATCH MESSAGES AT ALL) BY DEVELOPERS OR REPRESENTATIVES OF ANY DIGITAL ASSETS WITH RESPECT TO THE BLOCKCHAINS SUPPORTING SUCH DISPATCH MESSAGES, INCLUDING FORKS, PROTOCOL SOFTWARE UPDATES, VOTING MATTERS, OR ANY OTHER MATTERS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR CONDITIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DISPATCH PARTIES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS, THE SITE, OR THE SERVICES, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THE DISPATCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, OR THE SERVICES ARE AT USER'S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DISPATCH OR ANY DISPATCH PARTIES RESULTING FROM, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS, THE SITE, OR THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR (B) THE AMOUNT USER PAID DISPATCH IN THE PAST SIX MONTHS FOR THE SERVICES DIRECTLY RELATING TO THE ITEM(S) THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS EXCLUDES OR RESTRICTS DISPATCH'S LIABILITY IN RESPECT OF A BREACH BY DISPATCH OF ANY DUTY OR LIABILITY IT MAY HAVE TO USER UNDER APPLICABLE REGULATIONS OR LAWS THAT CANNOT LAWFULLY BE EXCLUDED. IT IS USER'S RESPONSIBILITY TO ENSURE THAT IT MAINTAINS ADEQUATE INSURANCE TO COVER ANY DAMAGES, LOSSES, COSTS OR EXPENSES IT MIGHT SUFFER IN THE EVENT OF ANY FAILURE OR UNAVAILABILITY OF THE SITE OR THE SERVICES.

User agrees to defend, indemnify, and hold the Dispatch Parties harmless against any and all actual and alleged damages, awards, judgments, losses, liabilities, obligations, fines, penalties, interest, fees, expenses, (including reasonable attorneys' fees and amounts paid in settlements), and costs, of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, in law or equity, whether in tort, contract or otherwise, resulting from, in connection with, or arising out of any claims, actions, causes of actions, demands, threats, allegations, suits, investigations, hearings, or proceedings (each, a "Claim") made or brought against any of the Dispatch Parties at any time by any third party or government authority arising out of, in connection with, or related to:

any Claim that User's access to or use of the Site or the Services misappropriates or infringes in any manner any intellectual property right, including any patent, trademark, service mark, trade secret, copyright, moral rights, right of publicity or privacy or other intellectual property right or misappropriation of any name or likeness or false representation or has otherwise harmed any third party's intellectual property rights; any actual or threatened breach by User of any state or federal securities laws or regulations, applicable data protection laws, or any breach or violation of these Terms; User's access, use, or modification of the Site or the Services; and/or any negligent act or omission, misstatement, fraud, unlawful act or any misconduct of User or its agents in the access or use of the Site or the Services (each a "User Indemnified Claim"). In connection with any User Identified Claim, User may not settle any claim (or in any way require the indemnified party to admit liability, pay money, or take or refrain from taking any action) without the express prior written consent of Dispatch (which consent to be granted in Dispatch's sole discretion). The indemnitee shall have the right to participate in the defense of any proceeding with counsel of its own choice at its own expense.

To the extent permitted by law, these Terms and the provision of the Site and the Services shall be governed by and construed in accordance with New York law. By using the Site and the Services, User agrees that any and all disputes, claims or controversies that User may have against the Dispatch Parties arising out of or relating to or connected in any way to (i) User's access to or use of this Site (ii) the Services obtained from or provided by Dispatch or (iii) these Terms (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved exclusively by mandatory, binding arbitration initiated through and administered by the American Arbitration Association ("AAA"). User further agrees that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, and that any arbitration proceeding, if necessary, will be held in New York, New York or at such other location as may be mutually agreed upon by Dispatch and User. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitrator shall apply New York law consistent with the Federal Arbitration Act, and shall honor claims of privilege recognized at law. Arbitration rules and forms may be obtained from AAA at https://www.adr.org. In order to initiate arbitration with the AAA, User may be responsible for paying a filing fee to the AAA, however, in the event User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Dispatch will reimburse as much of User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. There will be no right or authority for any claims to be arbitrated on a class action or representative basis.User understands and agrees that, by accepting these Terms, User and Dispatch are each waiving the right to a trial by jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision. User is thus giving up its right to go to court to assert or defend its rights. User's rights will be determined by a neutral arbitrator, and not a judge or jury.

All claims User brings against Dispatch must be resolved in accordance with this arbitration provision, except that Dispatch may seek equitable relief in a court of competent jurisdiction of the State of New York in accordance with the laws of the State of New York for infringement or other misuse of intellectual property rights as well as for any other breach of these Terms. All claims filed or brought by User contrary to this provision will be considered improperly filed and void. Should User file a claim contrary to this arbitration provision, Dispatch will notify User in writing of the improperly filed claim, and User must promptly withdraw the claim. If User fails to promptly withdraw the claim after receiving written notice from Dispatch, Dispatch may recover its reasonable attorneys' fees and costs incurred to enforce this arbitration provision.

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein.

Dispatch may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (herein, "Cookies") on User's computer or other devices used to visit the Site. Dispatch may use Cookies to help recognize users, collect information about each user's use of the Site and the Services to better customize Dispatch's services and content, and collect information about each user's computer or other access devices to: (i) ensure that each user's account security has not been compromised by detecting irregular, suspicious, or potentially fraudulent account activities; (ii) assess and improve Dispatch's services and advertising campaigns. Please note that if User reject cookies, it will not be able to use some or all of the Site. If User does not consent to the placing of Cookies on its computer or other devices, please do not visit, access, or use the Site or the Services.

Dispatch may from time to time send User automatic alerts or notifications, including but not limited to Dispatch Messages. Automatic alerts or notifications may be sent to User following certain changes to the Terms, its account or information. Automatic alerts or notifications may also be sent to User as a feature of the Site or Services. Dispatch may add new alerts or notifications from time to time or cease to provide certain alerts/notifications at any time upon its sole discretion. Dispatch shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert or notification; for any errors in the content of an alert or notification; or for any actions taken or not taken by User or any third party in reliance on an alert or notification.

Alerts and notifications may be sent to an e-mail address or mobile number provided by User. If User's e-mail address or mobile number changes, User is responsible for informing Dispatch of that change. Alerts and notifications may also be sent to a mobile device that accepts text messages. Changes to User's e-mail address and mobile number will apply to all alerts and notifications.

User may opt out of alerts or notifications from Dispatch at any time by contacting [email protected].

User's pricing and payment terms for the Site and the Services are set forth and governed by the Dispatch pricing policy, as may be amended or superseded from time to time by Dispatch without notice in its sole discretion, available at: https://dispatch.co/pricing or its successor site(s). User agrees to pay all applicable fees for accessing and using the Site and the Services. User is solely responsible for any and all telecommunications costs, transaction costs (e.g., gas fees, if applicable), and other expenses incurred in connecting to and transacting through the Site and the Services. All payments made by User are final and are non-refundable and non-creditable.

Dispatch reserves the right, without notice and in its sole discretion, to terminate User's license to access or use the Site or the Services, at any time and for any reason. User understands and agrees that Dispatch shall have no liability or obligation to User in such an event.

Dispatch reserves the right, at any time without notice and at its sole discretion, to modify any portion of these Terms. User should continue to review these Terms whenever accessing or using the Site or the Services. Your use of the Site or the Services after the posting of changes to these Terms will constitute User's acceptance of these Terms, as modified, and User will be bound by any such changes as of the date they are first posted to the Site. Dispatch expressly rejects any terms and conditions proposed by User that are in addition to or that conflict with these Terms and such proposed terms and conditions shall be of no force or effect.

If any provision of these Terms is determined to be invalid, superseded, illegal or unenforceable, in whole or in part, the validity, legality or enforceability of any of the remaining provisions or notices shall not in any way be affected or impaired thereby and shall continue in full force and effect.

Dispatch does not agree to act as your agent or fiduciary in providing the Services through the Site, and these Terms do not, and shall not be deemed to, make Dispatch the agent or legal representative of the User for any purpose whatsoever.

Dispatch (and each of its permitted assignees, transferees, or delegees) may freely assign, transfer, or delegate all rights and obligations under these Terms fully or partially without notice to User. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. Any attempted transfer or assignment in violation hereof shall be null and void.

These Terms comprise the entire agreement between User and Dispatch relating to User's access to and use of the Site and the Services, and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation prior versions of these Terms). Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

All sections of these Terms which by their nature should survive the termination of these Terms, including but not limited to Limitation of Liability, Indemnification, and Pricing and Payment shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Dispatch or User.

Please direct any questions or comments regarding these Terms to [email protected]

The following NFT Terms (“NFT Terms”) supplement the Terms set forth above and apply to Users accessing the Site or the Services to buy, sell, transfer or otherwise transact in NFTs from other Users (the “NFT Services”), except to the extent otherwise agreed to in writing between Dispatch and User. For the avoidance of doubt, all the terms and conditions set forth in the Terms, including, but not limited to, the indemnification and limitation of liability sections, apply to the NFT Services. For purposes hereof, “NFT” means a non-fungible token or other digital asset associated with certain content or data that is implemented on a blockchain (including, but not limited to, the Ethereum blockchain).

Users acknowledge and agree that: (i) Dispatch is not a wallet provider, exchange, broker, financial institution, money transmitter, or money services business; and (ii) Dispatch solely provides the infrastructure for the NFT Services and does not custody or control any User's NFTs or the applicable underlying blockchain of any such NFTs, and (iii) Dispatch is not party to any purchase, sale, transfer, or other transaction relating to the NFTs. By using the NFT Services, Users further acknowledge and agrees to the following:

1. The value of NFTs is subjective and subject to volatility and fluctuations. Dispatch does not make any representation or warranty about the value of any NFT offered through the NFT Services.
2. Dispatch is not party to any agreement or transaction between Users using the NFT Services.
3. Dispatch does not make any representation or warranty about any content or data associated with any NFTs.
4. Dispatch is not responsible for and makes no claims about the identity, legitimacy, functionality, legality, or authenticity of Users or NFTs (and any content or data associated with such NFTs). Users bear full responsibility for verifying the identity, legitimacy, functionality, legality, and authenticity of any NFTs.
5. Users' access to and use of the NFT Services will, at all times, be in compliance with all applicable laws, including, but not limited to, applicable securities laws.
6. Users offering NFTs for purchase using the NFT Services represents, warrants, and covenants that they have the right to offer such NFTs and that such NFTs are authentic and comply with all applicable laws, including, but not limited to, domestic and international intellectual property laws and rights.
7. Users shall not post, upload, publish, submit, or make available any NFT that (i) is in violation of the these NFT Terms, (ii) is defamatory, obscene, pornographic, vulgar, or offensive, (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, (iv) is violent or threatening or promotes violence or actions that are threatening to any individual or group, or (v) promotes illegal or harmful activities or substances.
8. Dispatch may, but is not obligated to, remove, block, or disable any content or data at any time and without notice, if Dispatch, in its sole discretion, considers any NFT objectionable or in violation of these NFT Terms.
9. Dispatch is not responsible for determining, withholding, collecting, reporting, or remitting any taxes that may apply to Users' purchase, sale, transfer or other transaction using the NFT Services. Users bear full responsibility for determining, reporting, and remitting the taxes that apply to its purchase or sale, transfer or other transaction in NFTs using the NFT Services.
10. Dispatch is not responsible for the functionality or any other aspect of the blockchains with which Users interacts. Users acknowledge and agree that blockchain transactions are irreversible and Dispatch has no ability to reverse any transactions on a blockchain.
11. There are risks associated with using blockchain based products, including, but not limited to, the risk associated with hardware, software, and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to Users' wallet or other information. Dispatch is not responsible for any communication failures, disruptions, errors, hacks, phishing or malware attacks, distortions, or delays Users may experience when using the NFT Services or any blockchain network, however caused, including, to the fullest extent permitted by applicable law, by Dispatch's negligence.
12. Dispatch may receive a fee in connection with any purchase, sale, transfer or other transaction in NFTs offered, at any time, via the NFT Services. Any such fees, whether payable to any User or to Dispatch, shall be described in the Purchase Terms (as defined below).
13. The pricing and payment terms for the NFT Services are set forth and governed by the Dispatch pricing policy, as may be amended or superseded from time to time by Dispatch without notice in its sole discretion, available at: dispatch.co or its successor site(s). Users agree to pay all applicable fees for accessing and using the NFT Services. Users are solely responsible for any and all telecommunications costs, transaction costs (e.g., gas fees or messaging fees, if applicable) and other expenses incurred in connecting to and transacting through the NFT Services. All payments made by Users are final and are non-refundable and non-creditable.
14. Any reference to the “NFT Terms” shall include the “Terms” set forth herein.
15. USERS RELEASE DISPATCH FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES WITH OTHER USERS.

All third-party copyrights, trademarks, service marks, names, logos, and product names contained in the content or data linked to or associated with any NFTs displayed on the Site or in the NFT Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the prior permission of the applicable intellectual property rights holder.

Any NFT purchased or otherwise interacted with using third-party services, including, but not limited to MoonPay or Ramp, via the Site, is subject to the terms and conditions of such third-party service. Additionally, NFT transactions may be subject to additional terms and conditions agreed upon directly between Users and other Users, including through use of smart contracts, which may include information describing the terms upon which an NFT is redeemable for a physical good or entrance to an event, if applicable (“Purchase Terms”). Users acknowledge and agree that Dispatch has no control over such transactions and has no liability for any and all claims, demands, or damages that may arise as a result of any transaction between Users, or by Users' engagement with any such third-party services. Users transacting NFTs are entirely responsible for communicating, promulgating, agreeing to, and enforcing any such Purchase Terms.

In addition to its obligations set forth in the Terms, Users agree to defend, indemnify, and hold the Dispatch Parties harmless against any and all Claims made or brought against any of the Dispatch Parties at any time by any third party or government authority arising out of, in connection with, or related to Users' purchase, sale, transfer or other transaction, use or misuse, or content or data linked to or associated with any NFTs.

Dispatch will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a User's access to the NFT Services if such User is determined to be a repeat infringer, in Dispatch's sole discretion. If Users believes that their content has been copied in a way that constitutes copyright or trademark infringement, or violates publicity or other intellectual property rights, Users may submit written notice to Dispatch's designated copyright agent at:

For Dispatch to process an infringement claim regarding content on the NFT Services, Users must be the rightsholder or someone authorized to act on behalf of the rightsholder and such notice must include:

• Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that such User claims is being infringed;
• Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the NFT Services of the material claimed to be infringing;
• User's contact information - at a minimum, User's full legal name (not pseudonym) and email address;
• A declaration that contains the following:
• A statement that User has a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
• A statement that the information in the notice is accurate; and
• A statement under penalty of perjury that User is authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
• User's physical or electronic signature (of User's full legal name).

Please note that Dispatch will forward Users’ notice of intellectual property infringement, including contact information, to the party who will have their content removed so such party may understand why it is no longer available on Dispatch.