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SAMURAI GOVERNANCE

Samurai Governance introduces a formalized path to the decentralization and
autonomy of the Samurai Protocol. Covering governance mechanisms and incentives,
it aims to share a vision of alignment between various participants within the
Samurai ecosystem, protocol functionality and the xHNR token & nodes as a core
element of the Samurai Protocol.

Join Samurai Governance


SURVIVE. ADAPT. EVOLVE.

The underlying purpose and enhanced utility of the xHNR tokens is to share
economics of, align incentives around, govern parameter changes and on-chain
upgrades to the relevant smart contract systems. The xHNR governance token can
thus effectively aid in determining the new software and amendments that the
Samurai Protocol adopts and serve as a form of active stewardship of the Samurai
protocol.


THE SHOGUNATE RULES


THE ONES BY WHICH ALL THE SAMURAIS MUST ABIDE BY


THE FIRST COMMANDMENT


SAISHO

Governance mechanisms in decentralized protocols stem from the interplay of
community participation, incentives, self-regulation and policy management, all
adjusted to live through and alongside the market.


THE SECOND COMMANDMENT


NI-BANME

Samurai Governance consists of the proposition and decision-making process for
the different risk parameter changes, improvements and incentives that
constitute the policies, and upgrades to governance itself. All future decisions
governing the protocol will be enacted through this procedure.


THE THIRD COMMANDMENT


SAN-BAN

The xHNR token empowers holders to collectively act as governors of the protocol
by enabling them with the capability to vote and propose. xHNR governance tokens
shall not be deemed as a pro rata claim on any of the protocol's PCV - protocol
controlled value (i.e., governance tokens do not function as a stock in a trust
or foundation).


THE FOURTH COMMANDMENT


DAI-YON

Samurai Governance is an exciting new evolution of protocol governance. It
promotes the ethos of decentralization and autonomity of the protocol by
allowing the protocol users and governance participants to collectively shape
the protocol and allow it to rapidly adjust to changing trends and conditions,
as well as to continously upgrade, enhance and refine its functionality,
features, tools, smart contracts, values and parameters as time goes on.


THE FIFTH COMMANDMENT


BANME

Governance proposals experiencing a notably high engagement and participation,
surpassing the quorum requirements by at least 100% and strongly favoring a
particular voting option by over 70%, become inviolable and irrevocable,
impervious to any future governance proposals, votes and attempts at
overturning, voiding, nullifying, or removing them.


GOVERNANCE POWER


XHNR TOKEN HOLDERS RECEIVE GOVERNANCE POWERS PROPORTIONALLY TO THE SUM OF THEIR
BALANCE. THERE ARE INITIALLY TWO POWERS ASSOCIATED WITH EACH GOVERNANCE TOKEN


VOTING

The voting power which is used to vote for or against existing proposals.


PROPOSAL

The proposal power that gives access to creating and sustaining a proposal.


THE GOVERNANCE SITE AND ALL OF ITS CURRENT AND FUTURE PROPOSALS CAN BE FOUND ON
SNAPSHOT

Participate in Governance


FREQUENTLY ASKED QUESTIONS


WHAT DO I NEED TO VOTE?

In order to vote you need to have xHNR tokens. The amount of tokens will be
summed up in your voting.


HOW DO I CHANGE MY VOTE?

You can easily change your vote by following the steps above and casting your
desired vote. Your previous vote will automatically be cancelled.


CAN I MOVE MY XHNR WHILE THE VOTE IS IN PROGRESS?

You can move your tokens as long as the amount you have in the wallet used to
vote remains equal or higher than the tokens used to vote. Reducing your token
amount to lower than the amount of tokens used for voting would cancel your
vote.


CAN I ADD MORE TOKENS TO MY VOTE?

Yes, voting again will reflect your new amount of tokens.


WHAT ARE THE CURRENT GOVERNANCE PARAMETERS?

Proposal validation requires 100 000 xHNR tokens. Voting delay is set to 1 hour.
Quorum is set to 500 000 xHNR tokens. Voting period is 48 hours and leverages
single choice voting mechanism. These parameters are subject to change.


Disclaimer: Samurai is an experimental software. The reward rate, node price,
and any other function can change at any given time without prior notice. Click
here to find out more.
Do your own research before investing. Investing is risky and may result in
monetary loss. Samurai is beta software and may contain bugs. By using Samurai,
you agree that the Samurai Financial team is not responsible for any financial
losses from investing in Samurai (KTNA, HNR).
Terms of Service
Disclaimers and Risks

Terms of Service
X
Page last updated: 3rd April 2023 THE SAMURAI PROTOCOL IS A SUITE OF
EXPERIMENTAL BLOCKCHAIN-ORIENTED FUNCTIONALITIES. USING THESE FUNCTIONALITIES
(INCLUDING VIA THE INTERFACE ON OUR WEBSITE) POSES SIGNIFICANT RISKS TO YOU AND
YOUR ONLINE ASSETS. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING
THESE RISKS AND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS,
AND EXCLUSIONS THAT MIGHT APPLY TO YOU AND YOUR RIGHTS. PLEASE READ IT
CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO
RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY USING THE WEBSITE
OR OUR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY
NOT USE OUR WEBSITE OR SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE
NOT THE OLDER OF (i) AT LEAST EIGHTEEN (18) YEARS OF AGE; OR (ii) LEGAL AGE TO
FORM A BINDING CONTRACT; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS
WEBSITE OR ANY OF THIS WEBSITE'S FUNCTIONALITIES BY THESE TERMS OR BY APPLICABLE
LAW. You are prohibited from accessing, using or otherwise receiving any
benefits of the Interface or our other offerings and services if you fail to
satisfy the eligibility requirements set forth in Section 1 hereof or if you
otherwise breach or violate any of the terms and conditions set forth herein.
The eligibility requirements mandate, among other things, that you not reside in
or be a citizen of a Restricted Territory (as defined below), that you are not a
Sanctioned List Person (as defined below) and that you do not intend to transact
in or with any Restricted Territory or Sanctions List Person If you fail to meet
the eligibility requirements set forth in Section 1 or are otherwise not in
strict compliance with these Terms, then you must not attempt to access or use
the Interface or any of our other offerings or services. Use of a virtual
private network (e.g., a VPN) or other means by restricted persons to access or
use the Interface is prohibited and may subject you to legal liability for
fraudulent use of the Interface. 1. Acceptance of These Terms of Use. These
terms of use are entered into by and between you ("you” or the "User”) and
Samurai. ("Samurai", "Samurai Protocol", "we", "our", "us"). Samurai is a
distributed network of individual contributors who are located around the world
and collaborate primarily through digital means. The following terms and
conditions, together with any documents they expressly incorporate by reference
(collectively, these "Terms of Use” or this "Agreement”), govern the User's
access to and use of https://samurai.financial/ and its sub-pages, including any
content or functionality offered on or through the website-hosted user interface
accessible via https://app.samurai.financial (the "Interface,” or collectively
with other https://samurai.financial/ or https://app.samurai.financial subpages,
the "Website”). The User must read these Terms of Use carefully before using the
Website (including the Interface). By using the Website or the Interface, the
User accepts and agrees to be bound and abide by these Terms of Use and all
documents incorporated herein by reference. If the User does not want to agree
to these Terms of Use or any documents that are incorporated herein by
reference, the User must not access the Website or use the Interface. The
Website is offered and available to users who are eighteen (18) years of age or
older. By using this Website, the User represents and warrants that the User is
at least the higher of legal age to form a binding contract with the Samurai
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and meets all of the foregoing eligibility requirements. Further, by using this
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other directive, requirement or guideline, whether applicable on Samurai, the
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combination of the foregoing) by an authority with valid and enforceable
jurisdiction ( "Applicable Laws”). If you do not meet all of these requirements,
you must not access or use the Website. 2. The Services and Protocol; Blockchain
Fees. The Website's services (the "Services”) include without limitation
providing methods and information to enable those who access the Website (
"Participants”) to access to or participate in the Samurai decentralized,
autonomous suite of features and services powered by blockchain-enforced smart
contracts (the "Protocol”). The Protocol is intended to be provided and operate
in a decentralized manner, meaning that individual Samurai contributors and the
Samurai governance, have no ability to control, modify, prevent, stop, amend, or
adjust interactions or transactions after they are submitted to the Protocol,
whether or not through the Interface. Further, the Interface is not the only
method that individuals or parties may interact with, contribute to, access, or
otherwise affect the Protocol. Thus, the Services (including the Website and the
Interface) are distinct from the Protocol, and any of the Protocol's products or
offerings should not be viewed as products or offerings provided by Samurai or
the Website.You are expected to be familiar with the Protocol and the risks it
represents (including without limitation the possibility of your crypto-assets
being forfeited according to the Protocol's rules or being lost for any other
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YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OR INTERACTION WITH THE PROTOCOL IS AT
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the right to withdraw or amend the Website (including the Interface), and any
other Services or material we provide on the Website, in our sole discretion
without notice. We will not be liable if for any reason all or any part of the
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lock or otherwise prevent its Web3 Utility from unauthorized use on this Website
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responsibility of and liability against Samurai related to any losses in any
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Circumnavigate, by any means, any restriction we may have implemented to
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including without limitation, referral to law enforcement, for any illegal or
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BY USING THE SERVICES, YOU WAIVE AND HOLD HARMLESS SAMURAI AND ITS AFFILIATES,
LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,
INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However,
we cannot review interactions or activities before they are executed through the
Website, and, given the nature of blockchain and functionalities like those
offered via the Services, cannot ensure prompt removal or rectification of
objectionable interactions or activities after they have been executed.
Accordingly, the User agrees that we assume no liability for any action or
inaction regarding transmissions, communications, transactions, blockchain
operations, or content provided by any Participant or third party, including any
that may cause a malfunction or inaccuracy on the Website or among the Services.
We have no liability or responsibility to anyone for any other party's
performance or nonperformance of the activities described in this Section, nor
for any harms or damages created by others' interactions with any blockchain
underlying the Services or reliance on the information or content presented on
the Website. 6. Changes to These Terms of Use. We may revise and update these
Terms of Use from time to time in our sole discretion. All changes are effective
immediately when we post them and apply to all access to and use of the Website
thereafter. However, any changes to the dispute resolution provisions set out in
the Section entitled Governing Law & Jurisdiction below will not apply to any
disputes for which the parties have actual notice before the date the change is
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following the posting of revised Terms of Use means that the User accepts and
agrees to the changes. The User is expected to check this page each time it
accesses this Website or the Interface, so it is aware of any changes as they
are binding on the User. 7. Intellectual Property Rights. Except any open-source
software or other material incorporated the Website or the Services, the Website
and its entire contents, features, and functionality (including but not limited
to all information, software, text, displays, images, video, and audio, and the
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return or destroy any copies of the materials the User has made. No right,
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User may freely use any open-sourced materials up to the limits provided, but in
accordance with any requirements placed, by those materials' open-source
licenses. Any use of the Website not expressly permitted by these Terms of Use
is a breach of these Terms of Use and may violate copyright, trademark, and
other laws. 8. Reliance on Information Posted. The content and information
presented on or through the Website (including, without limitation, on the
Interface) is made available solely for general information and education
purposes. We do not warrant the accuracy, completeness, or usefulness of this
information. Any information posted to the Website or through the Services
should not be construed as an intention to form a contract, and in no case
should any information be construed as Samurai's offer to buy, sell, or exchange
crypto-assets. Any reliance the User places on such information is strictly at
the User's own risk, and as is common in the blockchain space, the User is
assuming a high amount of risk related to others or technical harms when
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liability and responsibility arising from any reliance placed on such materials
by the User or any other Participant, by anyone who may be informed of any of
the Website's or the Services' contents, or by the actions or omissions of
others interacting with the Protocol or any underlying blockchain. This Website
or the Services may include content provided by third parties, including
(without limitation) materials provided by Samurai governance Contributors,
bloggers, blockchain users, other decentralized applications, aggregators,
and/or reporting services. All statements, alleged facts, and/or opinions
expressed in these materials, and all articles and responses to questions and
other content, other than the content provided through official Samurai channel,
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those materials. These materials do not necessarily reflect the opinion of
individual Samurai contributors or even the factual status of reality. We are
not responsible, or liable to the User or any third party, for the content or
accuracy of any materials provided by any third parties, and User agrees that it
bears sole and absolute responsibility to evaluate and select any third-party
functionality with which it interacts via the Services. 9. Changes to the
Website. We may update the content on, design of, or functionalities available
through this Website or through the Services from time to time, but the Website
and the Services are not necessarily complete or up-to-date. Any of the material
on the Website or provided through the Services may be out of date at any given
time, and we are under no obligation to update such material. 10. WARRANTY
DISCLAIMER. Samurai governance is a developer of open-source software and does
not unilaterally offer, operate, or administer the Protocol or a blockchain
network. The Services merely attempt to assist Participants in more easily
participating in the Protocol, DeFi services, or blockchain networks generally.
The User is responsible for its use of the Services, the functionalities they
enable, transactions engaged through the Website or the Interface, and the use
of the information derived thereof. The User is solely responsible for complying
with all Applicable Laws related to its transactions and activities that
directly or indirectly incorporate our provision of the Services, including, but
not limited to, the Commodity Exchange Act and its regulations as overseen by
the U.S. Commodity Futures Trading Commission ( "CFTC”), and the federal
securities laws and its regulations overseen by the U.S. Securities and Exchange
Commission ( "SEC”). The User acknowledges its understanding that Samurai is not
registered nor licensed with, nor have our Website, Interface, or Services (or
the software contained therein) been reviewed or evaluated by, the CFTC, SEC, or
any other financial or banking regulator of any jurisdiction. The User
understands that we cannot and do not guarantee or warrant that files available
for download from the internet or the Website or through the Services will be
free of viruses or other destructive code. The User is responsible for
implementing sufficient procedures and checkpoints to satisfy the User's
particular requirements for: (1) an appropriate Web3 Utility; (2) anti-virus
protection and accuracy of data input and output; (3) its participation in and
use of DeFi products, the protocol, and any of the Services' underlying
blockchain and related technologies; and (4) maintaining a means external to our
site to reconstruct of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE
WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT THE USER'S COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE USER'S USE OF
THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO THE
USER'S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE USER'S USE OF THE WEBSITE AND THE INTERFACE, THE PROTOCOL, AND ANY OF THE
SERVICES (AND ANY OF THEIR CONTENT) IS AT THE USER'S SOLE RISK. THE WEBSITE, THE
INTERFACE, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, NEITHER WE, NOR ANY PERSON ASSOCIATED
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BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE
FROM DEFECTS; (2) THAT THE INFORMATION CONTAINED OR PRESENTED ON THE WEBSITE OR
VIA THE SERVICES IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT;
(3) THAT THE WEBSITE, THE INTERFACE, THE SERVICES, OR ANY SOFTWARE CONTAINED
THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER
HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (4) THAT THE
WEBSITE, THE INTERFACE, OR THE SERVICES WILL MEET THE USER'S EXPECTATIONS. NO
INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR OUR PRIVATE
COMMUNICATIONS, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE
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STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE WEBSITE OR THE
SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW. 11. LIMITATION OF LIABILITY. TO THE FULLEST
EXTENT PROVIDED BY LAW, IN NO EVENT WILL SAMURAI GOVERNANCE, ITS AFFILIATES, OR
THEIR LICENSORS, SERVICE PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, OR DIRECTORS
BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH THE USER'S USE, OR INABILITY TO USE, THE WEBSITE, THE INTERFACE,
THE SERVICES, THE PROTOCOL, ANY WEBSITES LINKED THROUGH OUR SERVICES, ANY
CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE,
LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS
DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY
(INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIPT, OR
MANIPULATION), WHETHER OR NOT A PARTICIPANT, OR ANY FAILURE, EXPLOIT, OR
VULNERABILITY OF THE WEBSITE, SERVICES, THE PROTOCOL, THE USER'S WEB3 UTILITIES,
OR THE UNDERLYING BLOCKCHAINS OR RELATED BLOCKCHAIN FUNCTIONALITIES. TO THE
FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF
SAMURAI AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE
PROVIDERS, CONTRIBUTORS, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO SAMURAI FOR
THE APPLICABLE CONTENT OR SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY
AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW. 12. Nature of Blockchain; Assumption of Risk;
Waiver of Claims. Blockchains, DEXs, DeFi, crypto-assets, the Protocol, and
their related technologies and functionalities are still emerging innovations
that carry a relatively high amount of foreseeable and unforeseeable risk from
security, financial, technical, political, social, and personal safety
standpoints. The mere access to and interaction with blockchains requires high
degrees of skill and knowledge to operate with a relative degree of safety and
proficiency. Crypto-assets are highly volatile in nature due to many diverse
factors, including without limitation use and adoption, speculation,
manipulation, technology, security, and legal and regulatory developments and
application. Further, the speed and cost of transacting with cryptographic
technologies, such as blockchains like those underlying the Protocol, are
variable and highly volatile. Moreover, the transparent nature of many
blockchains means that any interactions the User has with the Protocol and any
blockchain may be publicly visible and readable in human form. By accessing and
using the Website or the Services, the User acknowledges the foregoing, and
agrees and represents that it understands and assumes such and other risks
involved with blockchains, DeFi, the Protocol, and related technologies
(including without limitation any specific technical language used in this
Agreement). The User further represents that it has all knowledge sufficient to
work, and is informed of all foreseeable risks and the possibility of
unforeseeable risks, associated with blockchains, crypto-assets, Web3 Utilities,
smart contracts, the Interface, the Protocol, and the Services. The User further
acknowledges, and assumes all risk related to the possibility, that any
information presented via the Website, Interface, or Services may be inaccurate,
possibly due to another party's malicious activities and possibly to the User's
severe harm or detriment. The User agrees that we are not responsible for any of
these or related risks, do not own or control any blockchain and that the
Protocol itself is managed by a dispersed group of individual governance
contributors who cannot guarantee the safe or accurate functioning of the
Services, and shall not be held liable for any resulting harms, damages, or
losses incurred by or against the User experiences while accessing or using the
Website or the Services.Accordingly, the User acknowledges the foregoing,
represents its understanding of the foregoing, and agrees to assume full
responsibility for all of the risks of accessing and using the Website and
interacting with the Services, whether mentioned in this Section or otherwise.
The User further expressly waives and releases us from any and all liability,
claims, causes of action, or damages arising from or in any way relating to the
User's use of the Website and the User's interaction with the Services. 13. No
Professional Advice. All information or content provided or displayed by the
Website (including, without limitation, on the Interface) is for informational
purposes only and should not be construed as professional advice (including,
without limitation, tax, legal, or financial advice). The User should not take
or refrain from taking any action based on any information or content displayed
or provided on the Website, on the Interface, or through the Services. The User
should seek independent professional advice from an individual licensed and
competent in the appropriate area before the User makes any financial, legal, or
other decisions where such should be considered prudent. The User acknowledges
and agrees that, to the fullest extent permissible by law, it has not relied on
Samurai, the content on the Website, the Interface, or the Services for any
professional advice related to its financial or legal behaviors. 14. No
Fiduciary Duties. These Terms of Use, and the provision of the Website and the
Services, are not intended to create any fiduciary duties between us and the
User or any third party. Individual Samurai governance contributors never take
possession, custody, control, ownership, or management of any crypto-assets or
other property transmitted via the Interface. To the fullest extent permissible
by law, the User agrees that neither the User's use of the Website or the
Services causes us or any Participant to owe fiduciary duties or liabilities to
the User or any third party. Further, the User acknowledges and agrees to the
fullest extent such duties or liabilities are afforded by law or by equity,
those duties and liabilities are hereby irrevocably disclaimed, waived, and
eliminated, and that we and any other Participant shall be held completely
harmless in relation thereof. The User further agrees that the only duties and
obligations that we or any Contributor owes the User, and the only rights the
User has related to this Agreement or the User's use of the Website or the
Services, are those set out expressly in this Agreement or that cannot be waived
by law. Further, the User agrees and understands that they are responsible for
all applicable reporting requirements and deadlines, including taxes and
relevant fees, and that we owe Users no affirmative duties with respect to said
reporting requirements and deadlines. 15. No Insurance. Your crypto accounts are
not checking or savings accounts. We do not provide any kind of insurance to you
against any type of loss, including (without limitation) losses due to decrease
in value of assets, assets lost due to a cybersecurity failure, or from your or
other individuals' errors or malfeasance. In most jurisdictions crypto-assets
are not considered legal tender, and most crypto-assets are not backed by any
government. Neither your crypto-asset balances nor any of your transactions via
the Interface or Protocol are covered by Federal Deposit Insurance Corporation
(FDIC), Securities Investor Protection Corporation (SIPC), or other similar
protections. 16. Indemnification. The User agrees to defend, indemnify, and hold
harmless Samurai, its affiliates, licensors, and service providers, and its and
their respective officers, directors, contributors, contractors, agents,
licensors, suppliers, successors, and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys' fees) arising out of or relating to: (1) the
User's violation of these Terms of Use; (2) the User's use of the Website, the
Services, or the Protocol, including, but not limited to, the User's
interactions with the Interface or other features which incorporate the
Services, use of or reliance on the Website's content, services, and products
other than as expressly authorized in these Terms of Use; (3) the User's use or
reliance on of any information obtained from the Website; or (4) any other
party's access and use of the Website or Services with the User's assistance or
by using any device or account that the User owns or controls. 17. Governing Law
and Jurisdiction. The User agrees to defend, indemnify, and hold harmless
Samurai, its affiliates, licensors, and service providers, and its and their
respective officers, directors, contributors, contractors, agents, licensors,
suppliers, successors, and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees (including
reasonable attorneys' fees) arising out of or relating to: (1) the User's
violation of these Terms of Use; (2) the User's use of the Website, the
Services, or the Protocol, including, but not limited to, the User's
interactions with the Interface or other features which incorporate the
Services, use of or reliance on the Website's content, services, and products
other than as expressly authorized in these Terms of Use; (3) the User's use or
reliance on of any information obtained from the Website; or (4) any other
party's access and use of the Website or Services with the User's assistance or
by using any device or account that the User owns or controls. 18. Arbitration;
Class Arbitration Waiver. Any dispute, controversy or claim arising out of,
relating to, or in connection with the User's use of the Website or the
Services, or in connection with this Agreement, including disputes arising from
or concerning their interpretation, violation, invalidity, non-performance, or
termination, shall be finally resolved by binding arbitration by the London
Court of International Arbitration under its Rules of Arbitration. The tribunal
shall have the power to rule on any challenge to its own jurisdiction or to the
validity or enforceability of any portion of the agreement to arbitrate. The
parties agree to arbitrate solely on an individual basis, and that these Terms
of Use do not permit class arbitration or any claims brought as a plaintiff or
class member in any class or representative arbitration proceeding. The arbitral
tribunal may not consolidate more than one person's claims and may not otherwise
preside over any form of a representative or class proceeding. In the event the
prohibition on class arbitration is deemed invalid or unenforceable, then its
remaining portions will remain in force. 19. Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM THE USER MAY HAVE ARISING OUT OF OR RELATING TO
THESE TERMS OF USE OR ITS USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM
IS PERMANENTLY BARRED. 20. Waiver and Severability. No waiver by Samurai of any
term or condition set out in these Terms of Use shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of Samurai to assert a right or provision under these
Terms of Use shall not constitute a waiver of such right or provision. If any
provision of these Terms of Use is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of these Terms of Use will continue in full force and
effect. 21. Entire Agreement. These Terms of Use, the Privacy Policy, and any
other document incorporated by reference herein constitute the sole and entire
agreement between the User and Samurai regarding the Website and supersede all
prior and contemporaneous understandings, agreements, representations, and
warranties, both written and oral, regarding the Website.
I agree with the Terms of Service