Diem Association Website Terms of Use

These Terms of Use (“Terms”) govern the use of the Diem Association website and any other website or online service that links to these Terms (collectively, the “Website”). These terms constitute an agreement between you and Diem Association, so it is important that you review them carefully.

Content#

The Website is available only for your personal and informational purposes. We make no representations or warranties of any kind as to the accuracy, currency, or completeness of the information and other materials made available through the Website. The Website is not liable for any decisions you may make in reliance of this content.

Your Commitments#

We provide these services to you and others. We ask that you make the following commitments:

Not use the Website if you are under 13 years old (or the minimum legal age in your country).
You are prohibited from receiving our products, services, or software under applicable laws.

Prohibited Conduct#

You may not access or use, or attempt to access or use, the Website to take any action that could harm us or any third party, interfere with the operation of the Website or use the Website in a manner that violates any laws. For example, and without limitation, you may not:

Share anything that breaches these Terms or other applicable terms;
Upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our products;
Access or collect data from our products using automated means (without our prior permission) or attempt to access data you do not have permission to access; and
Engage in any conduct that restricts or inhibits any person from using or enjoying the Website or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in liability. We may suspend or terminate your access to the Website for any reason at any time without notice.

Limitation of Liabilities#

The website is provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the website or any third-party sites linked to or from the website, or that the functions provided will be uninterrupted, virus, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the website or any third-party sites linked to or from the website. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

In no event will we, or our owner, subsidiaries, affiliates, directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the website. Any interruption in availability of the website, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the website or the data collected through the website, even if one or more of them has been advised of the possibility of such damages or loss.

Indemnification#

You agree to indemnify, defend, and hold us and our owner, subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities related to or associated with your use of the website and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

Disputes#

If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms, and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in Switzerland and that Swiss law will govern these Terms and any claim, without regard to conflict of law provisions.