Terms and Conditions of Use
Please read these Terms carefully before using the Site. If you do not agree to the below terms and conditions, you are directed to immediately discontinue access to, and use of, the Site. These Terms apply to all Users, Account Holders, and Stablecoin Users (as such terms are defined below).
1.1. You hereby understand, acknowledge, and agree to the following terms and conditions:
(a) You represent and affirm that you are eighteen (18) years of age or older or have the legal capacity to enter legally binding contracts under applicable laws of your jurisdiction, state, or country. If you are under the age of eighteen (18) or the legal age for entering legally binding contracts under the applicable laws of your jurisdiction, state, or country, you are not permitted to use GYEN and ZUSD (as such terms are defined below), or other financial or technological products (including additional Stablecoins, as defined below) that we may offer from time to time (the “Products”) or any GMO Trust service or the Platform (as defined in the Stablecoin Terms) for performing actions with regard to Products, such as minting, swapping or burning (the “Services”). Misrepresentation of your age to gain access to any of GMO Trust Services and Products is a breach of the Terms and the Stablecoin Terms.
(b) These Terms do not disclose all of the risks associated with trading or holding Stablecoins (as defined below) or with digital ledger technologies in general. GMO Trust does not provide advice or recommendations, including as to suitability, appropriateness, investment strategies, tax matters, legal matters, or other financial matters. You accept and acknowledge there are certain risks with respect to digital ledger technologies and accept and acknowledge your awareness and acceptance of the risks without reservation. The information communicated on the Site is intended for general informational purposes and for marketing our Products and Services, and at no time should any information communicated on the Site be construed as advice or information specific to you.
(c) GMO Trust may revise the Terms, Stablecoin Terms, and/or GMO Trust’s Account Agreement (as defined below) at any time, without giving you prior notice, by updating the Terms, Stablecoin Terms, and/or Account Agreement published to the Site. We will provide notice of such revisions by posting the revisions to the “Notifications” page on the Site and sending Account Holders an email to the primary email address provided to access the relevant Account (as defined in the Account Agreement). The current version of the Terms, Stablecoin Terms, and/or Account Agreement will be available on stablecoin.z.com/policies. Any changes or updates to the Terms, Stablecoin Terms, and/or Account Agreement are effective immediately upon publication to the Site, even if no advance notice is provided, and you further acknowledge that advance notice is not expected for any updates to take effect. You agree to review the Terms, Stablecoin Terms, and Account Agreement regularly. Your continued access or use of the Site, or your use, holding, obtaining, or acquiring any of our Products, will mean that you agree to any changes. You hereby acknowledge that our posting of changes to the Terms, Stablecoin Terms, and/or Account Agreement on the Site constitutes notice and supersedes the date stamp of any email or written notification that may be sent at our discretion. Your access and/or use of the Site, Services, and/or Products manifests your continuing intent to be legally bound to the terms and conditions of these Terms, the Stablecoin Terms, and any applicable Account Agreement. If you object to any such changes, your sole recourse will be to cease access to the Site, Products, and Services.
1.2. GMO Trust is a stablecoin issuer that issues a Japanese yen-backed stablecoin (“GYEN”) and a U.S. dollar-backed stablecoin (“ZUSD”, and together with GYEN, the “Stablecoins”). All Stablecoins are subject to the terms and conditions of these Terms, the Stablecoin Terms, and any applicable Account Agreement. The Stablecoin Terms are subject to change without notice, and it is your responsibility to review the additional terms and conditions governing each of the Products and Services you use or intend to use, which may include the Stablecoin Terms added to these Terms and the Account Agreement.
1.3. These Terms and the Stablecoin Terms apply to and are binding upon:
(a) Any person or entity that accesses the Site (a “User”);
(b) Any person or entity that obtains, uses, holds, or transacts in a Stablecoin, whether or not any such transaction is with us and whether or not such person or entity is also an Account Holder (a “Stablecoin User”); and
(c) Any person (an “Account Holder”) having applied for use of any Service or use of any Product available through the Site, and been accepted and onboarded by us and therefore subject to the account agreement governing access to and use of the Platform (the “Account Agreement”).
1.5. Certain parts of the Site are available for general access to a User, while other parts are password-protected and limited to authorized persons only, which may include Account Holders subject to an Account Agreement.
1.6. Consideration for your acknowledgment of, and consent to be bound by, the Terms and the Stablecoin Terms has been provided to you in the form of allowing you to use the Site whether as a User, Account Holder, or Stablecoin User. In any such status, you acknowledge that such consideration is adequate and received upon your access and use of the Site, Products, and/or Services in any manner.
2.1. Your use of the Site, Products, or Services is subject to applicable laws, rules, and regulations, including anti-money laundering, counter-terrorist-financing, sanctions, and export control laws, rules, and regulations administered and enforced by the U.S. (including by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State, or the U.S. Department of Commerce), Japan, and any other relevant jurisdiction (“Compliance Laws”). By accessing and/or using the Site, Products, or Services, you represent that such access and/or use complies with all applicable Compliance Laws. You are prohibited from accessing and/or using the Site, Products, or Services if doing so would result in a violation of any applicable Compliance Laws. You agree and hereby acknowledge that we may take any action that we deem necessary or appropriate to comply with applicable Compliance Laws, and we are not responsible for any losses, whether direct or indirect, that you may incur as a result of such actions, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
2.2. Unless otherwise specified, the Site is controlled and operated by GMO Trust from its offices within the state of New York. GMO Trust makes no representation that Content (as defined below) on the Site or the Products or Services are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all Compliance Laws and any local laws, if and to the extent local laws are applicable. GMO Trust reserves the right to seek all remedies available at law and in equity for violations of these Terms and the conditions of use described herein, including the right to block access from a particular ISP, IP address, or jurisdiction to the Site.
2.3. If any law, regulation, rule, ordinance, decision, order, or adjudication of any governmental authority or of any self-regulatory organization, whether international, federal, state, or local, becomes effective which substantially alters our ability to offer the Site, Products, or Services hereunder, we will have the right to modify or cancel the Terms, Stablecoin Terms, or Account Agreement and will provide notice, if reasonably possible. Such modification or cancellation shall be immediately effective unless otherwise noted.
2.4. You acknowledge and agree that you are solely responsible for your own decisions whether to purchase our Products or use our Services and are responsible for all taxes related to your use of our Products and Services. You also acknowledge and agree that we have the right to withhold all applicable taxes in connection with any payments we make to you if we are required to do so under applicable law. In such an event, the amount payable to you will be reduced by the amount of tax withheld.
2.5. We do not provide hardware or software for internet access or otherwise. You are solely responsible for your own hardware and/or software to access the internet and the Site, Products, and Services, including acceptance of risks associated with internet access, and costs associated with usage. You should be aware that email and other communication services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from GMO Trust. Contact us if you have any uncertainty regarding the authenticity of any communication or notice. As with all uses of the internet, you should use anti-virus software when accessing the Site, and should regularly use anti-virus, malware screening, and prevention software.
2.6. We will not be responsible for any loss or damages arising from transaction errors due to your system failure whether such transactions were initiated or processed directly with our systems or through a third-party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process transactions and the ability of such systems and software to do so accurately.
3. Privacy Statement
4.2. Electronic mail (“email”) communication over the Internet is not secure or confidential. GMO Trust is not responsible for any damages in connection with an email you send to GMO Trust or an email that GMO Trust sends to you.
4.3. We do not provide any facility for sending or receiving private or confidential electronic communications. Visitors should not use the Site, Products, or Services to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read.
4.4. Notice is hereby given that all messages and other content entered into the Site or while accessing the Services can and may be read by the agents and operators of the Site, Products, or Services, regardless of whether they are the intended recipients of such messages. Users, Stablecoin Users, and Account Holders should not have an expectation of privacy regarding any communications sent through the Site or the Services or while using, holding, or transacting in the Products.
5. Intellectual Property Rights
5.1. The Site, Products, and Services, and all of the materials and content included therein or displayed thereon, including the information, images, design, look and feel, photographs, audio, video, icons, graphics, text, data compilations (including Market Data, as defined below), and software, along with the selection and arrangement thereof (collectively, “Content”) is owned by GMO Trust, its affiliates, licensors, or other providers of such material and is protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
5.2. “GMO Trust,” “GMO Japanese YEN,” “GYEN,” “Z.com,” and “ZUSD” and all related names, logos, product and service names, designs, and slogans are trademarks (the “Marks”) of GMO Trust, its affiliates, or licensors. You may not use any of the Marks, logos, domains, and trademarks that you find on the Site, Products, Services, or in the Content, except with express written permission from GMO Trust.
5.3. No right, title, or interest in any Content is transferred to you by reason of the access to the Site, Products, or Services. Any use of the Site, Products, Services, or Content thereon without the prior written consent of GMO Trust, other than as expressly set out herein, is prohibited and is a breach of these Terms and may violate copyright, trademark, and other laws. GMO Trust reserves the right to vigorously enforce its rights, including its intellectual property rights.
5.4. Market Data
(a) Financial or transactional information about market conditions including prices and market volumes and data related to the issuance and circulation of the Stablecoins on the Site or within the Content is “Market Data.”
(b) The Market Data (and related information) accessible from the Site, Products, or Services, is our proprietary information and valuable intellectual property and we retain all rights, titles, and interests in such Market Data (and related information).
(c) Our Market Data and related information is valuable to us, and to the extent that you receive access to such data and related information, you hereby understand and agree that the Market Data contains proprietary and confidential information that is protected by applicable intellectual property and other laws and is the sole property of GMO Trust.
(d) Any distribution, publication, or transmission of our Market Data without our consent constitutes a material breach of these Terms and a violation of our property rights for which we may seek appropriate legal recourse.
6. Bookmarks and Links
6.1. You understand that you may create a bookmark in your web browser or create a link to the GMO Trust homepage. However, you may not create any link to any other page on the Site without the written approval of GMO Trust, including, without limitation, a link on a publicly accessible website.
6.2. Except as expressly described in these Terms, any display of GMO Trust’s Content or Marks (including through use of linking to the Site in a manner that frames or borders the Site with the content of the linking site in the same window) is expressly prohibited without GMO Trust’s written permission.
6.3. Third-Party Links
(a) Some websites that are linked to or from the Site are owned and operated by third parties. Because we have no control over such websites and resources, you understand and agree that we are not responsible or liable for the availability of such external websites or resources, and do not screen or endorse such websites or the content, products, advertising, or other materials presented therein, and are not responsible or liable for any such content, advertising, services, products, or other materials on or available from such websites or resources.
(c) We reserve the right to terminate any link or linking program at any time.
(d) You further understand and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on, any such third-party content, goods, or services available on or through any such website or resource controlled, owned, or operated by third parties.
(e) You hereby agree to defend, indemnify, and hold harmless each of the Indemnified Parties (defined below) from and against any and all Losses (defined below), including that may result from your use of links that may appear on the Site or via the Services.
We welcome your ideas, comments, suggestions, and feedback regarding the Site or any of our Products or Services (“Feedback”). All Feedback disclosed, submitted, or offered to us, via the Site or otherwise, may be freely used by us without restriction (including without any obligation of confidentiality). You represent and warrant that any Feedback that you submit to us is original to you, made in compliance with applicable laws, and does not violate any right of any third party, including intellectual property rights. By disclosing, submitting, or offering any Feedback to us, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully assignable, and sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, process, create derivative work from, distribute, and display such Feedback and derivative works thereof throughout the world in any manner and in any media.
8. Restrictions on Use
Without our express prior written authorization, the following actions are expressly prohibited and may be a cause for legal action, and you agree to refrain from any such actions or similar actions:
(a) Duplication or reproduction of any part of the Site, Products, Services, or Content (except as expressly provided elsewhere in these Terms);
(b) Creation of any derivative works based on or using the Site, Products, Services, or Content, and you agree and stipulate that any and all derivative works are NOT “fair use” including advertisements, displays, memes, or other artistic representations;
(c) Use of the Site, Products, Services, or Content for any public display, public performance, sale, or rental, and you hereby agree and stipulate that any and all such uses are NOT “fair use;”
(d) Use of our Market Data to develop, create, register, list, trade, clear, or settle any investment product or financial product of any kind;
(e) Redistribution of the Site, Products, Services, or Content, and you hereby agree and stipulate that any and all such uses are NOT “fair use;”
(f) Removal of any copyright or other proprietary notices, or any Marks, from the Site, Products, Services, or Content;
(g) Translation, reverse-engineering, decompiling, or disassembling of the Site, Products, Services, or Content;
(h) Use of any meta-tags, pay-per-click advertising, or any other “hidden text” using any of our names or trademarks (including the Marks) or those of the Products, and you hereby stipulate that any use of such name or trademarks, or any other trademarks owned by us is an infringement upon our trademark rights;
(i) Except as expressly described in these Terms, including, but not limited to Section 6.1, “deep-linking” to any page of the Site or Products, or avoiding accepting acknowledgment of these Terms;
(j) Circumvention of any encryption or other security tools used anywhere on the Site or in conjunction with the Products or Services (including the theft of usernames, passwords, or API keys or using another person’s username, password or API key in order to gain access to a restricted area of the Site);
(k) Use of a virtual private network (VPN) to log into, or otherwise access, an Account;
(l) Use of any data mining, bots, scrapers, or similar data gathering and extraction tools on the Site or in conjunction with the Products, Services, or Content;
(m) Selling, renting, leasing, licensing, sublicensing, transferring, distributing, re-transmitting, time-sharing, using as a service bureau, or otherwise assigning to any third party the Products, Services, or Content or any of your rights to access and use the Products, Services, or Content as granted specifically by these Terms, other than any sales, transfers, or assignments of ZUSD or GYEN made in accordance with the Terms and Stablecoin Terms;
(n) Use of our Products or Services to impersonate any other User, Account Holder, Stablecoin User, or person;
(o) Use of any Content or information on our Site or included in our Products or Services in any manner that infringes any copyright, trademark, patent, trade secret, publicity, or other proprietary right of any party;
(p) Use or duplication of the computer code underlying any of the Products, contrary to the license contained in each Product’s code repository;
(q) Uploading or attempting to upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of ours or another’s property;
(r) Uploading, posting, emailing, or otherwise transmitting to us any submission that you do not have a right to transmit under contractual, fiduciary, or other relationships (such as inside information, trade secrets, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(s) Uploading, posting, emailing, or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that we may designate for such purpose;
(t) Restricting or inhibiting any other User, Account Holder, Stablecoin User, or person from using and enjoying the Products or Services;
(u) Harvesting or otherwise collecting information about other Users, Account Holders, Stablecoin Users, or other persons through use of the Site, Products, or Services, including email addresses or other personally-identifiable information;
(v) Violating any applicable laws, regulations or policies, or these Terms;
(w) Using the Products or Services to pay for, support, receive proceeds from, or otherwise engage in any illegal gambling, illicit dark web activities, or any other illegal activities;
(x) Uploading, posting, emailing, or otherwise transmitting any material that is illegal, immoral, obscene, or defamatory of any person;
(y) The use of any automatic device or manual process to monitor or reproduce the Site, Services, Products, or Content;
(z) The use of any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site, Products, or Services; or
(aa) Any apparent deliberate act or circumstance that may adversely affect the proper operation of the Site, Products, Services, and/or the reputation and goodwill of GMO Trust or any of its affiliates.
9. Service Interruption
From time to time due to technological factors, scheduled software updates, and the performance of other maintenance, as well as factors beyond or within our control (such as an unanticipated blockchain halt or interruption to the Site), the availability of Products or other Services may be temporarily interrupted (“Downtime”). Information on scheduled maintenance windows can be found on the Site. Open orders will be held during Downtime and processed normally following Downtime. You acknowledge that we cannot make promises or guarantees about the uptime or accessibility of the Site in the event of Downtime.
10. Opening an Account with GMO Trust; Required Information
11. Express Disclaimers
By using the Site, Products, Content, or Services, you expressly acknowledge and agree that:
(a) Use of the Site, Products, Services, and Content is at your own and sole risk;
(b) Any material and/or data downloaded or otherwise obtained through the use of the Site, Products, Services, or Content is done at your own discretion and risk, and you accept and acknowledge that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data;
(c) GMO Trust makes no representations or warranties that the Site, Products, Services, and Content, or any materials contained therein, will be uninterrupted, timely, secure, error-free or fit for purpose; nor does GMO Trust make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Site, Products, Services, or Content;
(d) GMO Trust cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties; and GMO Trust does not assume any responsibility or risk for your use of the internet in connection with the Site, Products, Services, and Content or any of the materials contained therein;
(e) GMO Trust is not responsible for any hardware, software, or web browser virus or related problems, or any errors or failures of your equipment or your internet service provider, that may be associated with or affect your use of the Site or any of the Products or Services;
(f) GMO Trust is not responsible for any loss or damages you experience as a result of the failure of systems or software used by you to interface with our systems and software;
(g) GMO Trust makes no warranty, express or implied, regarding the time estimated to complete any transaction initiated through the Site or associated with the time in which the Products will be deposited in your Account or Wallet;
(h) GMO Trust is not responsible for the operation, performance, delivery, or any business dealing by any market for digital assets, and GMO Trust makes no representations or warranties concerning the value or trading price of any digital asset;
(i) GMO Trust will have no liability for any loss or damage arising from Downtime; and
(j) The value of digital assets can be volatile and GMO Trust is not in any way responsible or liable for any losses you may incur by holding or trading digital assets, even if the Site, Products, or Services are delayed, suspended, or interrupted for any reason.
12. No Warranties
12.1. GMO TRUST PROVIDES THE SITE, ALL CONTENT AND MATERIALS, AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. GMO TRUST DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, ACCESSIBILITY, TITLE, NON-INTERRUPTION, AND NON-INFRINGEMENT.
12.2. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SUCH WARRANTY MAY GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
13. Exclusion of Damages; Limitation on Liability
13.2. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
14. Force Majeure
GMO Trust will not be liable for failure to perform any obligations under these Terms due to any event, cause, or condition beyond our reasonable control, including but not limited to, significant market volatility in any asset class including cryptocurrencies and digital assets, imposition of FX controls by any government, acts of governments affecting our Products or your ability to transact in our Products, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence which is beyond our reasonable control, and the time provided for performing such obligations will be extended by a period of time equal to the duration of such events, causes or conditions.
15. Indemnification and Release
15.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS GMO TRUST, ITS PARENT COMPANY, AFFILIATES, AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, ATTORNEYS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATION PROVIDERS, AND AGENTS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS (INCLUDING THIRD-PARTY CLAIMS), ACTIONS, LOSSES, LOST PROFITS, DAMAGES, LIABILITIES, EXPENSES, COSTS, OR DEMANDS, INCLUDING LEGAL AND ACCOUNTING FEES (COLLECTIVELY, “LOSSES”) BROUGHT BY ANY PERSON, DIRECTLY OR INDIRECTLY, RESULTING FROM OR BY REASON OF (I) YOUR (OR YOUR, UNDER ANOTHER PERSON’S AUTHORITY) USE, MISUSE, OR INABILITY TO USE THE SITE, PRODUCTS, SERVICES, OR CONTENT; (II) ANY REGULATORY INQUIRY, LEGAL ACTION, LITIGATION, DISPUTE, OR INVESTIGATION RELATED TO YOUR ACCOUNT OR TO YOUR USE OF YOUR ACCOUNT, PRODUCTS, SERVICES, OR CONTENT; OR (III) YOUR BREACH OF THE TERMS, STABLECOIN TERMS, OR ACCOUNT AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD CONSTITUTE A BREACH OF THE TERMS, STABLECOIN TERMS, OR ACCOUNT AGREEMENT BY THE USER, ACCOUNT HOLDER, OR STABLECOIN USER.
15.2. WE WILL NOTIFY YOU BY ELECTRONIC MAIL, MAIL, OR OTHER APPROPRIATE MEANS, OF ANY SUCH CLAIM OR SUIT, AND REASONABLY COOPERATE (AT YOUR EXPENSE) IN THE DEFENSE OF SUCH CLAIM OR SUIT. WE RESERVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM OR CHOOSE OUR OWN LEGAL COUNSEL BUT ARE NOT OBLIGATED TO DO SO.
15.3. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of GMO Trust, and thus any ambiguity will be interpreted in a manner providing for the release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
15.4. California Residents
If you are a California resident, you hereby waive California Civil Code Section 1542, which states:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If you are a resident of another jurisdiction with a comparable statute or doctrine, you hereby waive such statute or doctrine to the extent permissible under applicable law.
16. Applicable Laws & Jurisdiction
You agree that New York law, without regard to conflicts of law principles, will govern your access to, and use of, the Site, except to the extent such laws are preempted by federal law or regulation. You and GMO Trust agree, to the maximum extent permitted by applicable law, to submit to the personal and exclusive jurisdiction of the state or federal court located within New York County, New York and to the venue of Manhattan, New York.
18. Construction of Terms
18.1. The term “Wallet” means a third-party software application that has one or several digital asset addresses corresponding to the blockchain where the Stablecoins are held.
18.2. Any singular term in these Terms or the Stablecoin Terms will be deemed to include the plural, and any plural term the singular. Whenever the words “such as,” “include,” “includes,” or “including” are used in these Terms, they will be deemed to be followed by the words “without limitation,” whether or not they are in fact. The word “will” shall be construed to have the same meaning and effect as the word “shall.” The term “any” will be construed to mean “any or all.” Each use of “and” as used herein, will mean in each instance “and/or.” All headings are solely for the convenience of reference and will not affect the meaning, construction, or effect of these Terms.
19. Entire Agreement
The Terms constitute the entire agreement between you and GMO Trust with respect to your access to and use of the Site and supersede any and all prior agreements between you and GMO Trust. Notwithstanding the foregoing, authorized Users may be subject to additional terms and conditions as set forth in any other applicable agreement, including the Account Agreement, the Stablecoin Terms, and/or other documents pertaining to your access and use of the Site, Products, and/or Services.
20. Enquiries about GMO Trust; our Services; the Stablecoins
Should you have any questions or comments regarding the Site or our Stablecoins, Products, or Service offerings, please feel free to contact us at: firstname.lastname@example.org.