BotBroker: Instantly Buy and Sell Top Rated Sneaker Bots

Terms & Conditions

BotBroker LLC (“BotBroker,” “we,” “us”, or “our”) operates a live marketplace that allows users to research, buy and sell electronic consumer programs known as Bots. These Terms and Conditions of Use and all policies and requirements posted on our website, all of which are incorporated into these Terms and Conditions of Use by reference and as amended from time to time (collectively, “Terms”) describe the terms and conditions on which we provide our websites (the “Sites”), services, data, software, applications (including mobile applications) and tools (collectively “Services”) to you, whether as a guest or a registered user. In these Terms, “you” and “your” refer to (a) you, the individual accessing and/or using the Services, (b) any electronic agent accessing the Sites and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Sites and/or using the Services. These Terms create a legal contract between you and us. Please read them carefully. We will collect and process personal data in accordance with the Privacy Policy. By using the Services you acknowledge that you have read the Privacy Policy. By using our Services, or by clicking to accept or agree to these Terms and the Privacy Policy when this option is made available to you upon registration, you accept and agree to be bound and abide by these Terms in full. If you do not agree to these Terms, do not use any portion of the Services. These Terms contain provisions that govern how claims between you and us are resolved (see Section 13, Disputes with BotBroker below). This includes an obligation to arbitrate certain claims through binding and final arbitration, unless you opt out of the arbitration when you sign up with us. Unless you opt out, you will only be permitted to bring claims against us and seek relief on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. Changes to Terms and Policies.

BotBroker may in our discretion change these Terms (including the Privacy Policy and the FAQs or any policy) without notice to you. Changes take effect when we post them on our Sites. You should view these Terms often to stay informed of any changes that may affect you. YOUR CONTINUED USE OF THE SITE AND/OR SERVICES AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY OF THE CHANGES, YOU MUST CANCEL YOUR ACCOUNT AND NOT USE ANY PORTION OF THE SERVICES.
The version of these Terms posted on our Sites on each respective date you visit the Sites will be the Terms applicable to your access and use of the Services on that date. Our electronically or otherwise properly stored copies of these Terms and the Privacy Policy shall be deemed to be the true, complete, valid, and authentic copies of the version of the Terms and the Privacy Policy that were in force on each respective date you visited the Sites. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue access to or use of the Services (or any portions, components, or features thereof) to you or any other person or entity, if you are in breach of the Terms or for any reason or for no reason whatsoever, at any time, without notice or liability.

2. About BotBroker Live Marketplace.

BotBroker provides a live marketplace for buyers and sellers of electronic consumer programs known as Bots. A description of the live marketplace process and the rules applicable to buyers and sellers is available on our FAQ page, as updated from time to time. Although the Services include buy and sell functionality: (1) BotBroker facilitates the purchase transaction, but the actual purchase contract is directly between the buyer and seller; (2) although BotBroker might provide historical pricing data, we do not set prices for the items; and (3) BotBroker is not an auctioneer. BotBroker acts as a commercial agent to conclude the sale on behalf of each buyer and seller involved in each transaction. Because sellers set prices, they may be higher than retail value. Any item valuations displayed through the Services are estimates only. BotBroker does not guarantee that any item will sell. We reserve the right to investigate complaints and violations of these Terms and, to the extent permitted by applicable law, may take any actions we deem appropriate, including suspending your account and charging your credit card for costs we incur as a result of the violation. Although the Services are anonymous and we generally do not share your information with other buyers and sellers, we may share your information with law enforcement and other third parties as part of an investigation related to any alleged violation of law or these Terms, and we may respond to all inquiries initiated by law enforcement or other governmental agencies.
The Services are accessible to certain international sellers and buyers. BotBroker may provide access to certain features and tools to international sellers and buyers, such as estimated local currency conversion and integrated international shipping, customs and tax tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale and purchase.

3. Accounts, Passwords, and Security.

To view or browse the live marketplace, you must create an account using an email address and password or other account creation tools offered on the Services, such as a social media account. To offer items for sale (“Ask”) or offer to purchase items (“Bid”), you must create an account and have a valid credit card or other approved payment method on file with us. You agree that we may charge your credit card or other payment method for amounts you owe as described in these terms, as well as any costs or losses arising from your violation of the Terms. When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorized payment method. If you use any Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify BotBroker immediately upon learning of any unauthorized use of your account or password, or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by BotBroker or any other person or entity due to another person using your account or password. You may not use any other user’s account or password at any time without the express permission and consent of the holder of that account or password. You may not transfer or assign your account. Please review our other policies posted on this site which are part of the Terms and govern your use of the Services. We reserve the right to make changes to our site, policies, and the Terms at any time. BotBroker cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you are under 18, you may use the Services only with involvement of a parent or guardian. We reserve the right to suspend or terminate your account in the event that you breach any of these Terms.

4. Fees, Promotional/Discount Codes and Taxes.

Fees for the Services, including applicable shipping fees, are described in our FAQ , as updated from time to time. BotBroker may sometimes furnish an alphanumeric code that can be used for promotions or discounts for purchases on our sites. These promotional or discount codes may be sent via email to our registered users, presented on our web sites or circulated at events and through other means and, unless otherwise provided are subject to the promotional or discount terms during the stated advertisement. As a seller you are responsible and agree to collect, pay, report and remit any and all local, state, provincial, federal, or international taxes (including VAT and sales tax) that may be due with respect to your sales transaction, and as a buyer you agree to pay any and all local, state, federal, or international taxes (including sales taxes) that may be due with respect to your purchase transaction. You agree that BotBroker, as the facilitator of the transaction, is not responsible for reporting, collection or payment of any taxes on your behalf. In accordance with the Privacy Policy and if necessary to complete a transaction, you agree to provide BotBroker with your Social Security Number, Social Insurance Number or other tax ID if necessary for BotBroker to provide information to the Internal Revenue Service, Canada Revenue Agency or any provincial tax authority related to payments you receive from us and further authorize BotBroker to release that information to the IRS, CRA, provincial tax authority or other competent governmental body.

5. Authentication; Transferring between seller and buyer.

As part of the purchase transaction, the seller will provide the license key for said Bot to BotBroker and BotBroker will verify that the license key is authentic. If said Bot includes access to support via Discord or other forms of chat support, this will also be provided as stated in the listing. If BotBroker determines the license key is authentic, BotBroker will transfer the license key to the buyer. Additionally, BotBroker has the right to reject any license key transaction for any reason, not limited to fraudulent keys, or other issues with said Bot. BotBroker’s policy requires sellers to follow the instructions as stated in the HELP page of the website for instructions on how to begin selling on BotBroker.io Because of the nature of this service, once a license key is transferred, there is absolutely no refunds or exchanges for the license key. We will still work with the buyer if license key has any issues activating said Bot.

6. Seller Obligations.

By listing an item for sale (each posting, a “New Ask”), you are making a binding offer to sell that specific item to a buyer who purchases the item for the Ask price. When a buyer accepts your offer by purchasing your item through our Services, you are contractually and legally bound to proceed with the transaction immediately for the specified price. You are obligated to monitor your inventory and ensure all listings are accurate. Once a Bid and Ask are matched, under no circumstances may a seller cancel the listing.

7. Buyer Obligations.

As a buyer, you are obligated to pay for any items you Bid on when your Bid matches a seller’s Ask. WHEN YOU PLACE A BID, YOU ARE COMMITTING TO PURCHASE THE ITEM AS SOON AS YOUR BID MATCHES A SELLER’S ASK PRICE AND YOU ACKNOWLEDGE THAT PAYMENT OF THE ASK PRICE WILL BE
TAKEN FROM YOUR PAYMENT METHOD. To be an eligible buyer you must have a billing address and shipping address within one of the countries that BotBroker supports. In general, we charge your credit card immediately upon purchase and hold the funds in escrow until the transaction is complete, at which time we pay the seller. You will not receive any interest on the escrowed amount. If your payment fails or is rejected for any reason (e.g., purchase exceeds credit card limit, card is cancelled, chargeback is requested), BotBroker reserves the right to do any or all of the following, in its sole discretion: (i) charge buyer’s credit card an additional amount equal to 15% of the transaction amount or $15.00 USD for items below $50.00 USD, whichever is greater, as a service fee; (ii) remove any or all of buyer’s Bids from the Services; (iii) cancel any or all of buyer’s orders pending through the Services; (iv) withhold refunds or payments due to buyer; (v) place limits on buyer’s buying and selling privileges; (vi) charge buyer’s credit card for costs, expenses and fees incurred by BotBroker as a result of buyer’s action or inaction; and (vii) temporarily or permanently suspend buyer’s account. ALL SALES ARE FINAL ONCE THE ITEM IS PURCHASED AND TRANSFERRED OF KEY, AND NO REFUND REQUESTS WILL BE HONORED REGARDLESS OF THE CURRENT VALUE OF THE ITEM. If you experience a problem with your purchase or an item, please contact us at [email protected]. If there is a problem with the license key you received, you must contact us in writing within 48 hours after receiving the license key with a detailed description of the problem.

8. Limitations and Restrictions.

BotBroker does not provide any guarantee that your items will sell and will not provide any compensation for items that do not sell through our Services. BotBroker also does not guarantee how long it will take for a listing to appear in the Services after it is posted and is not responsible for unsold items resulting from any listing delays. BotBroker conducts periodic scheduled maintenance as well as unscheduled emergency maintenance from time to time. During maintenance periods the Services (or portions thereof) may be temporarily unavailable. You must not do any of the following:
· use our Services to solicit sales outside of BotBroker or to contact any user of the Services;
· use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services;
· upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
· engage in abusive treatment of other users of the Services or any BotBroker employee;
· create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any BotBroker representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
· delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
· use any of the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
· upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
· Violate any applicable local, state, national or international law;
· upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
· delete or revise any material posted by any other person or entity;
· register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
· harvest or otherwise collect information about others, including e-mail addresses;
· use BotBroker’s trademarks without our written permission;
· except to the extent permitted by applicable law (including the Copyright Act 1968 (Cth)), copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Services without the prior express written permission of BotBroker and the appropriate third party, as applicable;
· commercialize all or any part of the BotBroker Services;
· use any modified versions of Services, for any reason whatsoever, without the express written consent of BotBroker;
· upload or distribute files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
· use any robot, spider, scraper, or other automated or manual means to access our Services, or copy any information thereon, for any purpose without our express written permission;
· take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services;
· attempt to gain any unauthorized access to the Sites or the Services, including computer systems, software, or networks;
· probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems;
· bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Services; or
· do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts our marketplace.
BotBroker reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or account. BotBroker may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy or applicable law, Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BotBroker’s sole discretion. You also agree to reimburse BotBroker for any damage, loss, cost or expense BotBroker incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Services for any unlawful or prohibited purpose.

9. Intellectual Property.

You acknowledge and agree that (i) our patents, copyrights, trademarks, service marks, trade secrets and other intellectual property (collectively, “Intellectual Property”) are our sole property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of BotBroker or its licensors or suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content associated with the Services is the exclusive property of BotBroker and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited. BotBroker grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. All rights not expressly granted to you in these Terms are reserved and retained by BotBroker.

10. User Content.

If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub- licensable (through multiple tiers) right and license to use, reproduce, distribute (through multiple tiers), create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. You further agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content. If BotBroker does decide, in its sole discretion, to attribute User Content to you, you hereby grant BotBroker the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. You hereby agree to waive all claims of moral rights associated with being the author of User Content, and to consent to BotBroker doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, web site, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content. You agree that BotBroker (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of the rights granted under this Section, even if BotBroker receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests. You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to BotBroker under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti- discrimination or false advertising; and, (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of BotBroker’s marketplace. You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to BotBroker, you acknowledge and agree that: (a) your Contributions don’t contain confidential or proprietary information; (b) BotBroker isn’t under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) BotBroker shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) BotBroker may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of BotBroker without any obligation of BotBroker to you; and (f) BotBroker is free to use any ideas, concepts, or techniques that you send BotBroker for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren’t entitled to any compensation or reimbursement of any kind from BotBroker under any circumstances.

11. Indemnity.

You shall indemnify, defend and hold BotBroker and our affiliates and their respective officers, directors, agents and employees harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns (a) your listing or sale of any counterfeit, stolen, or illegal merchandise or goods, (b) your breach of any provision of the Terms, (c) your improper use of the Services, (d) your violation of any law or the rights of a third party, or (e) federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

12. Disclaimer of Warranties; Limitations of Liability.

You covenant not to sue BotBroker, and agree that you will not hold BotBroker responsible, for other users’ content, actions, or inactions. BotBroker is a marketplace for electronic consumer goods. You acknowledge that you are buying items from a third party, not BotBroker. If you have a dispute with one or more users, as a buyer or seller, you release and covenant not to sue BotBroker, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release. BOTBROKER AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. BOTBROKER PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, BOTBROKER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. BOTBROKER SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES. YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND ”AS AVAILABLE” BASIS. BOTBROKER (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) MAKES NO WARRANTY OR GUARANTIES OF ANY KIND WITH RESPECT TO OUR SERVICES, ANY ITEMS, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTBROKER (INCLUDING OUR AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD BOTBROKER RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM (A) THE USER CONTENT YOU PROVIDE USING THE SERVICES, OR CONTENT OF THIRD PARTIES (B) YOUR ACCESS TO, USE OF, INABILITY TO ACCESS OR USE THE SERVICES, OR RELIANCE ON THE SERVICES; (C) PRICING, SHIPPING, FORMAT, OR OTHER GUIDANCE PROVIDED BY BOTBROKER, (D) DELAYS OR DISRUPTIONS IN OUR SERVICES, (E) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SERVICES; (F) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES, (G) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF ANY SERVICE, (H) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING OUR SERVICES OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS, (I) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT, (J) THE DURATION OR MANNER IN WHICH ITEMS YOU LIST APPEAR ON THE SERVICES, OR (K) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR, OR YOUR LOSS OF ABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OR OUR POLICIES. UNDER NO CIRCUMSTANCES SHALL BOTBROKER, OR ITS AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (K) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL BOTBROKER, EVEN IF BOTBROKER WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF BOTBROKER , OR ITS AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF BOTBROKER, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, BOTBROKER AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) USD $100.

13. Disputes with BotBroker.

You and BotBroker agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services, will be resolved in accordance with the provisions set forth in this Section 13. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BOTBROKER HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that, except to the extent inconsistent with the Federal Arbitration Act (“FAA”) or preempted by federal law, the laws of the State of Michigan, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and BotBroker. Legal notices shall be served on BotBroker’s national registered agent (in the case of BotBroker) or your email address on file with us (in your case). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address you have on file with us. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
You and BotBroker each agree that any and all disputes or claims that have arisen or may arise between you and BotBroker relating in any way to or arising out of the Terms or your use of or access to the Services, shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matters remains in such court and advances only on an individual (non-class, non-representative) basis. The FAA governs the interpretation and enforcement of this Agreement to Arbitrate.
IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARY AND INTENTIONALLY, WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATION DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
a. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF (THE “CLASS ACTION WAIVER”). YOU AND BOTBROKER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND BOTBROKER AGREE OTHERWISE IN A SEPARATE WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER BOTBROKER USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND BOTBROKER’S RIGHT TO APPEAL THE COURT’S DECISIONS. ALL OTHER CLAIMS WILL BE ARBITRATED.
b. Arbitration Procedures. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should also apply the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to the interpretation or enforceability of the CLASS ACTION WAIVER will be resolved by a court of competent jurisdiction. Other than issues related to the CLASS ACTION WAIVER, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the Terms is void or voidable. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s Supplementary Rules for Class Arbitrations will not apply. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under the Agreement to Arbitrate. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). A Notice to BotBroker should be sent to 1046 Woodward Ave., Detroit, MI 48226. BotBroker will send any Notice to you to the physical address we have on file associated with your BotBroker account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and BotBroker are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or BotBroker may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to BotBroker at the following address: 1046 Woodward Ave., Detroit, MI 48226. In the event BotBroker initiates arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your BotBroker account. Any settlement offer made by you or BotBroker shall not be disclosed to the arbitrator. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or BotBroker may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and BotBroker subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or BotBroker may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Michigan, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different BotBroker users, but is bound by rulings in prior arbitrations involving the same BotBroker user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
c. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.
d. Severability. With the exception of any of the provisions in the CLASS ACTION WAIVER, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
e. Opt-Out Procedure. If you are a new user of our Services, you can choose to reject this Agreement to Arbitrate by notifying us in writing that you opt-out (“Opt-Out Notice”). Your Opt-Out Notice must be postmarked no later than 30 days after the date you accept the Terms for the first time. You must e-mail your Opt-Out Notice to: [email protected] Your Opt-Out Notice should state that you opt-out of this Agreement to Arbitrate and provide your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the BotBroker account(s) to which the opt-out applies. You must sign and date the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
f. Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and BotBroker prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and BotBroker. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on http://www.BotBroker.io at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.

14. DMCA Notice.

If you’re a copyright owner or an agent of a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing BotBroker’s Copyright Agent with the following information in writing, (pursuant to 17 U.S.C. 512(c)(3)):
a. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit BotBroker, the service provider, to locate the material;
d. Information reasonably sufficient to permit BotBroker to contact you, such as an address, telephone number, and, if available, an email address;
e. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement, under penalty of perjury, that the information in the notification is accurate that you’re authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must provide notice of claimed infringement to BotBroker’s to email: [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address(es) listed above:
a. Your physical or electronic signature;
b. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
c. A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification; and
d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by BotBroker’s Copyright Agent, BotBroker may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at BotBroker’s sole discretion.

15. Electronic Communications.

When you use the Services, or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.

16. Typographical Errors.

The Sites and the Services could include technical inaccuracies or typographical errors. BotBroker shall have no liability in connection with any such inaccuracies or errors, nor shall BotBroker have any obligation to identify and/or correct any such inaccuracies or errors.

17. Links to Other Websites.

For your convenience, certain hyperlinks may be provided on the Sites and Services that link to other websites or social media platforms which are not under the control of BotBroker (the “Linked Websites”). BotBroker does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. BotBroker disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against BotBroker arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the Sites and Services do not imply that: (a) BotBroker is affiliated or associated with any Linked Website; (b) BotBroker is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of BotBroker.

18. Disclaimer of Third Party Information.

To the extent that any information, material, or functionality on the Services is provided by third party content providers (“Third Party Materials”), BotBroker has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. BotBroker does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Company.

19. General.

These Terms and all terms and policies posted through our Services (as each may be revised and amended from time to time according to their respective terms)constitute the entire agreement between you and BotBroker relating to your use of our Services, and supersede all prior understandings and agreements parties. You consent to receive notice by email to the address provided at registration. If any provision of the Terms are held to be invalid, void, or unenforceable under any circumstances, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms. Any waiver of any provisions contained in these Terms by BotBroker shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any rights not expressly granted herein are reserved. BotBroker may assign or transfer our rights and obligations under these Terms at any time. You may not assign or transfer your rights or obligations under these Terms, or any of your rights or obligations, without the prior written consent of BotBroker, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms, your use of the Services, or the provision of our Services. You may not enter into any contract on our behalf or bind us in any way. The terms and conditions set forth in these Terms are for your benefit only, not for the benefit of any third party except for BotBroker’s permitted successors and assigns. These Terms are governed by the laws of the State of California, USA, without regard to conflicts of laws provisions, except any provisions stated otherwise in the city of Los Angeles, California. By using the BotBroker website or acting as a buyer or seller you expressly agree to the governing law and venue provision of these Terms, irrespective of the state or country in which you reside. The parties each hereby disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods.

Botbroker, LLC

TERMS OF SERVICE

These Terms of Service (“Terms”) govern the contractual relationship between:

Botbroker, LLC, doing business as (dba) BotBroker, a company governed by the laws of the State of Nevada, USA having its registered office at #400, 5348 Vegas Drive, Las Vegas, Nevada, NV89108, USA (hereinafter referred to as “Botbroker”, “we”, “our”, and “us”) on the one hand, and
each Buyer (as defined below), Seller (as defined below), user or visitor on the other hand (collectively “you” or “your”) (i) accessing Botbroker’s website located at https://botbroker.io (hereinafter referred to as “Website”), and/or (ii) using the Services (as defined under Section 2.2 of these Terms) and purchasing/selling the Products (as defined under Section 2.1 of these Terms).

You and Botbroker shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.

Please read these Terms carefully before using the Website. Your access to the Website, your purchasing (for Buyer) or selling (for Seller) of the Products and your use of the Services (as defined below) is conditioned upon your acceptance of and compliance with these Terms.

Acceptance & Modification of the Terms

By accessing the Website, by purchasing/selling the Product(s) (as defined below) and by using the Services (defined below) you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services (as defined below) and purchase/sell the Products (defined below) on the Platform (as defined below), and (ii) refrain from accessing the Website.

Your continued use of the Website, use of the Services and/or purchase/sale of the Product(s) on the Platform (as defined below) shall be deemed to constitute your acceptance of these Terms.

Botbroker reserves the right, at any time and in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically, to stay abreast of any changes to the Terms. Your continued access to the Website, use of the Services and purchase/sale of Products on the Platform (as defined below) following the posting of any changes to these Terms shall be subject to the newly modified Terms.

Products & Services

Botbroker provides Buyers and Sellers with a Web-based Software-as-a-Service (SaaS) marketplace platform embedded in Website (as further defined under section 2.2(i) of these terms) enabling them to trade a variety of sneaker bots (“Product(s)”). The Products enhance a Buyer’s ability to purchase sneakers and clothing on third party e-commerce stores. The Products are sold by Sellers (as defined below) on Botbroker’s Platform (as defined below).

Botbroker also:

provides software developers and all other Product owners (“Seller(s)”) with a Web-based SaaS automated live sneaker/clothing bot marketplace platform integrated into the Website (hereinafter referred to as the “Platform”) in order for each Seller to sell Seller’s Products,
provides potential/prospective Product buyers with the Platform in order for them to view, bid and purchase the Product(s) (“Buyer(s)”), and
acts as a third party intermediary and as such facilitates the sale and purchase of Products between Seller and Buyer on the Platform using PayPal Checkout as payment method,

(collectively the “Service(s)”).

You acknowledge that Botbroker may change, suspend or discontinue any or all of the Services, at its sole discretion at any time, without notice and for any or no reason.

Botbroker reserves the right to cancel or revoke, at any time and in its sole discretion, any and all Product purchase/sale transactions made between Buyer and Seller on the Platform.

Registration, Password and Security

3.1 To be able to use the Services and purchase (for the Buyer) or sell (for the Seller) the Products on the Platform, you must register on the Website by providing all required information which shall include but not be limited to your full name, email address, PayPal address and contact information. Your email address must match your PayPal address. An account shall thereafter be opened by Botbroker for you on the Website (“User Account”). You acknowledge that Botbroker may use your PayPal address to verify the validity of the information you have provided to us when registering for your User Account.

3.2 You agree to:

(i) provide true, accurate, current and complete information about yourself as prompted by Botbroker’s registration process on the Website; and

(ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete at all times.

3.3 If you provide any information to Botbroker that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may close your User Account on the Website and (i) refuse to process any pending or future Product purchase/sale transaction(s) and/or (ii) deny you the ability to access and use the Services.

3.4 You may indicate, during registration process, to Botbroker your choice of User Account’s username and password to be used as login credentials to access your User Account (“Login Credentials”). You shall be solely responsible for (i) maintaining the confidentiality of your Login Credentials; and (ii) any and all activities which occur under your User Account. You agree to notify Botbroker immediately of any unauthorized use of your User Account or any other breach of security. Botbroker shall not be liable for any loss that you may incur as a result of any third party using your Login Credentials and/or accessing/using your User Account either with or without your knowledge. However, you may be held liable for losses incurred by Botbroker due to any third party using your Login Credentials and/or User Account. You acknowledge and agree that you may not use the User Account of another Buyer or Seller registered on the Website without the express permission of such User Account holder.

Purchasing Products on the Platform

To purchase a Product on Botbroker’s Platform a Buyer may either (i) make an offer to purchase the Product for a price acceptable to the Seller (“Bid(s)”), or (ii) purchase a specific Product listed on the Platform at Seller’s selling/asking price (“Ask(s)”).

To make a Bid, the Buyer shall provide Botbroker with the highest price the Buyer is willing to Bid for a Product. The Buyer shall also indicate to Botbroker the specifications the Buyer desires/prefers the Product to have including but not limited to the Product’s key/license duration, renewal period, expiration date, add-ons and capabilities.

Upon Botbroker’s receipt of Buyer’s Bid and preferred Product specifications, Buyer acknowledges and accepts that Botbroker shall hold Buyer’s Bid amount in escrow until Botbroker finds a Product on the Platform which matches Buyer’s Bid amount and preferred Product specifications. The Buyer shall not receive any interest on any Bid amount held by Botbroker in escrow for and on behalf of the Buyer and Botbroker.

Prior to a match being found by Botbroker for any Buyer’s Bid and preferred Product specifications, Buyer may cancel a Bid whereupon Botbroker shall immediately revoke the escrow transaction and the funds shall be returned to Buyer within one (1) to three (3) business days.

Once Botbroker matches a Seller’s Product listed on the Platform with a Buyer’s Bid and preferred Product specifications, Botbroker shall (i) process and release the Bid amount (held in escrow) to Seller, and (ii) transfer the key/license associated with the sold/purchased Product to Buyer. However, prior to Botbroker transferring the purchased Product’s key/license to Buyer, Buyer shall first confirm the Product purchase via Buyer’s PayPal dashboard. Should Buyer not confirm the Product purchase within forty-eight (48) hours after a Bid and an Ask have been matched by Botbroker, Botbroker may revoke the purchase and Buyer’s User Account may be closed by Botbroker. If no Product, listed on the Platform, is matched to Buyer’s Bid and preferred Product specifications, Botbroker will continue searching for any current and future Asks that may match the Buyer’s Bid and preferred Product specifications on the Platform.

The Buyer acknowledges and agrees that:

Botbroker facilitates the Product purchase and sale transaction(s) between Buyer and Seller only and strictly as a third party intermediary. As such, Buyer acknowledges and agrees that any corresponding Product purchase and sale agreement shall be solely and exclusively entered into by and between Buyer and Seller;
Seller shall be solely and exclusively responsible for setting the Ask for each of Seller’s Products listed on the Platform;
Buyer may not renege/revoke Buyer’s commitment to proceed with the purchase transaction once Buyer’s Bid has been matched to a Seller’s Ask for a specific Product listed on the Platform;
all Product purchases made by Buyer on the Platform are final upon Buyer’s Bid being matched with Seller’s Ask;
all updates and technical support related to the Product(s) purchased by Buyer on the Platform shall be provided to Buyer by Seller only;
all payments or portions thereof made by Buyer and which shall be held in escrow, to purchase any Product on the Platform shall be strictly non-refundable; and
Buyer may not and shall not resell the Product(s) purchased by Buyer on the Platform to other Buyers on the Platform.

4.7 Should Botbroker be unable to transfer Buyer’s Bid to Seller, for any reason, including but not limited to:

(i) Buyer’s Bid exceeding (a) Buyer’s credit/debit card limit, or (b) funds available on PayPal;

(ii) deactivation by Buyer or the bank of Buyer’s credit/debit card;

(iii) the termination by Buyer or PayPal of Buyer’s PayPal account; or

(iv) the Buyer requests a chargeback,

Botbroker may then in its sole discretion:

charge Buyer an additional fee equal to (a) fifteen percent (15%) of the Bid amount; or (b) a fixed fee of fifteen American Dollars ($15.00 USD) for each Product of less than fifty dollars ($50.00 USD);
remove any or all of Buyer’s Bids from the Platform; and/or
temporarily or permanently suspend Buyer’s User Account.

4.8 If Buyer has any questions, issues and/or concerns pertaining to the Product’s key/license Buyer has received from Botbroker, Buyer shall contact Botbroker in writing at [email protected] (i) within forty-eight (48) hours after having received such Product’s key/license from Botbroker, and (ii) providing a detailed description of the problem experienced by Buyer. However, any technical questions, issues and/or concerns regarding the setup and/or configuration of the Product, shall be addressed by Seller via the Seller’s Discord (https://discordapp.com/) account.

Selling Products on the Platform

Upon registering a User Account on the Website, Seller shall provide Botbroker with Seller’s Discord account details. Seller agrees that Botbroker may use Seller’s Discord account details for the sole purpose of verifying Seller’s ownership over the Product key/license of each Seller’s Product listed for sale on the Platform.

Seller may freely list Seller’s Product(s) on the Website provided that Seller’s Product(s) meet(s) Botbroker’s Product requirements. Those requirements include but are not limited to Seller confirming that each Seller’s Product key/license (i) has previously been used by a third party, and (ii) is attached to Seller’s Discord account.

Once Seller has listed Seller’s Product(s) on the Platform, Seller shall create an Ask order on the Platform in which Seller shall indicate to Botbroker the minimum price Seller would accept for a Bid made by any Buyer for Seller’s listed Product(s).

The Seller acknowledges and agrees that:

Once a Bid and an Ask are matched by Botbroker, Seller shall automatically and accordingly enter into a binding Product sale/purchase agreement with the Buyer;
Seller shall be solely and exclusively responsible for setting/determining the Ask for any and all Seller’s Products listed for sale on the Platform;
Seller shall be solely responsible for monitoring the availability of any Seller’s Product(s) listed on the Platform to ensure that all Seller’s Products listed on the Platform truly exist, are valid and are owned by Seller;
once a Bid and an Ask are matched by Botbroker, Seller shall not be able to cancel the sale transaction;
Seller may not and shall not purchase Seller’s own Product(s) which is/are listed on the Platform;
Seller may not and shall not list any Seller’s Product more than once on the Website; and
any sale of Seller’s Product on the Platform shall be considered fully complete/concluded only once (a) payment for such Product has been received in full by Seller from Buyer, and (b) the purchased/sold Product’s key/license has been transferred to Buyer.

Botbroker’s Authentication Process

As soon as any Product becomes listed by a Seller on the Platform, Botbroker shall check and verify the validity of the key/license associated with any such listed Product. Upon matching a Buyer’s Bid with a Seller’s Ask, Botbroker shall verify the Seller’s ownership of the Product key/license via Seller’s Discord account linked to Seller’s User Account. Botbroker shall also use the official API connections Botbroker has with the third party software company/entity which holds the key/license of the Product(s), sold by Seller to Buyer on the Platform, in order to verify the authenticity of such Product(s).

Once all requirements (as provided under Sections 3, 4 and 5 of these Terms) for the sale and purchase of the Product(s) are met, Botbroker shall, together with the Seller, shuffle the Product’s key/license to render the sold Product(s) unusable by Seller prior to delivering the Product’s key/license to Buyer.

Buyer acknowledges that all Products listed on the Platform are protected by various authentication protocols put in place by their respective software developers, whether they are the current owner of the Product or not, who developed the Product, so as to ensure the protection of Product owner’s intellectual property rights and personal data.

Chargeback Policy

In the event of Buyer requesting a chargeback as a consequence of Buyer not receiving the purchased Product, Botbroker shall temporarily put the Product(s) purchase transaction on hold to allow for the resolution of the dispute between Buyer and Seller. Upon resolution of the dispute, Botbroker shall request Buyer to cancel the chargeback and the purchased Product shall be transferred to Buyer. If Buyer does not cancel the chargeback, Botbroker reserves the right to keep the purchased Product and challenge the chargeback.

Should any third party access Buyer’s User Account fraudulently/illegally and purchase any Product on the Platform without Buyer’s agreement, the Product purchase transaction may be revoked by Botbroker in its sole discretion. If a chargeback is made fraudulently by Buyer, Botbroker shall cancel/revoke the Product purchase transaction and challenge the dispute to the fullest extent permissible by law.

Intermediary Fee & Taxes

Intermediary Fee.

As a facilitating intermediary/entity which is only a third party to any Product sale/purchase transaction(s) made on the Platform between Seller and Buyer, Botbroker shall collect 17% of the total Product purchase/sale transaction amount (“Intermediary Fee”). Such Intermediary Fee shall be collected as follows:

Botbroker shall collect from Buyer 7% of the Bid amount once Buyer’s Bid is matched to Seller’s Ask; and
Botbroker shall collect from Seller 10% of the Product purchase price Seller receives from Buyer for the sale of a Product to Buyer on the Platform.

8.1.2 The Intermediary Fee shall be utilized by Botbroker for the following purposes:

5% shall be paid to the bot companies we work with to keep your transactions safe and secure;
5% shall be used to cover our server and business costs;
3% shall cover PayPal fees; and
1% (collected from Buyer) shall be for sales tax payment purposes.

Taxes.

Under these Terms, the term “Taxes” shall mean taxes, charges, duties, fees, levies, and other charges of a governmental authority, including income, withholding, social security, social contribution, transfer, sales, use, value-added and all other taxes of any kind for which a Party may have any liability imposed by any governmental authority, whether disputed or not, any related charges, interest or penalties imposed by any governmental authority, and any liability for any other person as a transferee or successor by Law, contract or otherwise.

All fees for the Products and/or Services, as illustrated on Botbroker’s Website are exclusive of any and all Taxes.

You shall be responsible for the payment of all Taxes associated with the purchase or sale of the Products via the Platform and as part of your use of the Services. You shall not deduct from the payments due to Botbroker, any Taxes, except as is required by applicable law.

Acceptable Use of the Website

9.1 You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that infringes SackCapital’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights; (iii) in a manner that violates the privacy or other personal rights of third parties; and/or (iv) that is defamatory, obscene, threatening, abusive or hateful.

9.2 When accessing the Website, you shall be prohibited from:

using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website;
using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;
taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure;
copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without Botbroker’s prior written consent;
reverse-assembling, reverse-engineering or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
attempting to access any area of the Website to which access is not authorized;
conducting any systematic or automated data collection activities on or in relation to the Website, including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without Botbroker’s prior written consent; and
using the Website to transmit or send unsolicited commercial and marketing communications for any purpose, without Botbroker’s prior written consent.

User Content

Botbroker allows you to make available certain information, text, graphics or any other material (“User Content”) on the Website. You shall be responsible for the User Content that you post to the Website, including for its legality, reliability, and appropriateness. By posting User Content on the Website, you grant Botbroker the right and (sub-)license to use, modify, perform, display, reproduce, and distribute such User Content on and through the Website. You shall retain any and all of your rights to any User Content you submit, post or display on or through the Website and you shall be solely responsible for protecting those rights.

10.2 You represent and warrant that:

the User Content belongs to you (i.e. you own it) or that you have the right to use it (e.g. as licensee) and grant Botbroker the rights and (sub-)license as granted by you under Section 10.1 of these Terms, and

the posting of User Content on or through the Website does not violate (a) SackCapital’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights, (b) privacy rights, publicity rights, copyrights, contract rights or any other rights of Botbroker or of any third party.

10.3 Botbroker reserves the right to block or remove User Content that Botbroker determines to be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of SackCapital’s Intellectual Property Rights (defined below) or of any third party’s intellectual property rights or; (iv) offensive or otherwise unacceptable to Botbroker in its sole and exclusive discretion. Botbroker acknowledges that, by providing you with the ability to view and distribute user-generated content on the Website, Botbroker is merely acting as a passive conduit for such distribution and is not assuming any obligation or liability relating to any contents or activities on the Website.

Buyer’s and Seller’s Representations and Warranties

Each Buyer or Seller hereby represents and warrants that such Buyer’s/Seller’s access to the Website, use of the Services and purchase/sale of the Products on the Platform will:

be in accordance with these Terms;
comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States);
not be for any unlawful purposes;
not entail, imply or give rise to the publication of any illegal content;
not further any illegal activities;
not infringe upon or misappropriate any SackCapital’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights; and
not be used to create, distribute, facilitate or operate in conjunction with malware, spyware, adware, or other malicious programs or code.

Disclaimer of Warranties

12.1 Unless otherwise provided under these Terms, the Services shall be provided by Botbroker to you "as is," and “as available” with all faults, defects, bugs, and errors.

12.2 Botbroker HEREBY (I) DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES AND/OR TO YOUR SALE/PURCHASE (ON THE PLATFORM) AND USE OF ANY PRODUCTS; AND (II) MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE USER CONTENT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION.

12.3 Botbroker AND/OR ITS RESPECTIVE AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE WEBSITE, PLATFORM AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE WEBSITE, PLATFORM AND SERVICES FOR ANY PURPOSE. THE WEBSITE, PLATFORM, SERVICES AND/OR RELATED GRAPHICS ARE PROVIDED TO YOU BY Botbroker "AS IS" WITHOUT WARRANTY OF ANY KIND. Botbroker AND/OR ITS RESPECTIVE AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

12.4 YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE, PLATFORM AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES, WHICH ERRORS AND CHANGES MAY BE PERIODICALLY MADE TO THE WEBSITE, PLATFORM AND/OR SERVICES HEREIN.

12.5 NEITHER Botbroker NOR ITS AFFILIATES (IF ANY), LICENSORS, SELLERS AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE, PLATFORM AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.

Intellectual Property

13.1 All content, trademarks, data, information or information contained in any materials, or documents used in relation to the Website, Platform and Services, including but not limited to any and all copyrighted works, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, codes, information and agreements (“Materials”), are the sole and exclusive property of or are licensed to Botbroker. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without Botbroker’s prior written permission.

13.2 Any and all intellectual property rights in the Materials, Website, Platform and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials, Products and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Botbroker’s Intellectual Property Right(s)”), vests solely and exclusively in Botbroker, its affiliates (if any), its licensors, the respective Seller or vendors, as the case may be. All rights not expressly granted by Botbroker to you are reserved by Botbroker. Save as expressly set out herein, you shall not acquire any right, title or interest in Botbroker’s Intellectual Property Rights.

13.3 The Seller shall be the sole and exclusive owner of all Seller’s intellectual property rights in the Products (“Seller’s Intellectual Property Rights”) which the Seller lists on the Platform. Botbroker may not use any of Seller’s Intellectual Property Rights for any other purpose, other than mentioned under these Terms and not without the Seller’s prior written consent. The Seller hereby grants Botbroker the non-exclusive right to use Seller’s Intellectual Property Rights, free of charge, in connection with the sale of Seller’s Product(s) to prospective/potential Buyers on the Platform, to the extent necessary for SackCapital to (i) exercise SackCapital’s rights under these Terms, and (ii) perform SackCapital’s obligations under these Terms.

13.4 Upon the sale of any Product by Seller to Buyer on the Platform, ownership of any such Product (including all intellectual property rights in any such Product) shall pass from Seller to Buyer, whereupon Buyer shall become the sole and exclusive owner of the Product.

Indemnification

14.1 You agree to indemnify and hold harmless Botbroker from and against any liability, demand, damages, cost, claim or expense arising from a third party claim arising from: (i) your violation of these Terms; (ii) your use or misuse of the Service(s) and/or Product(s); (iii) your infringement of Botbroker’s Intellectual Property Rights; (iv) from Seller’s violation/breach of any existing agreement (e.g. license agreement) between Seller and any such third party in regard to any Product(s) sold by Seller to Buyer on the Platform (in breach of such existing agreement); and/or (v) any activities conducted by you through/on any third party website. Botbroker shall indemnify and hold you harmless from and against any liability or expense arising from a third party claim based on any Negligence of Botbroker. “Negligence” shall mean gross negligence or intentional misconduct.

14.2 In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (i) promptly notify the indemnifying Party of the claim, (ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and (iii) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party’s rights.

Limitation of Liability

15.1 Botbroker, ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE, FROM YOUR USE OF THE SERVICES AND/OR FROM YOUR PURCHASE OR SALE OF THE PRODUCTS ON THE PLATFORM, EVEN IF Botbroker HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 WHILE Botbroker TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, Botbroker AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE, THROUGH YOUR USE OF THE SERVICES AND/OR THROUGH YOUR PURCHASE OR SALE OF PRODUCTS ON THE PLATFORM.

15.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, Botbroker’S (INCLUDING ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Privacy Policy

Botbroker’s Privacy Policy, available at https://botbroker.io/privacy, governs the use, storage and processing of the personal information you may provide to Botbroker through your (i) access to the Website (and Platform), (ii) use of the Services, and/or (iii) Product purchase(s)/sale(s) on the Platform. Your election to use the Services via the Website (and Platform) and to purchase/sell Products shall be deemed to constitute your acceptance of the terms of Botbroker’s Privacy Policy.

Third Party Links

The Website (including Platform) and/or Services may contain links and/or ads to third-party websites or resources, as well as links to the respective Seller’s website. You acknowledge and agree that Botbroker shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by Botbroker of such websites or resources or the content, products, or services available from such websites or resources.

Your communications, interactions or business transactions/dealings with any third party found on or through the Website (including the Platform) and/or the Services, including any such third party’s terms, conditions, warranties or representations associated with such communications, interactions or business transactions/dealings, shall be solely between you and such third party. You acknowledge and agree that Botbroker shall not be liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction or other dealings you may have with any third party found through (i) the Website (including the Platform) and/or (ii) your use of the Services.

Age Restriction

The Products and Services are not intended to persons younger than eighteen (18) years of age. By accessing and using this Website, and by agreeing to these Terms, you warrant and represent that you are at least eighteen (18) years of age.

Suspension and Termination

19.1 Botbroker may suspend or temporarily disable access to all or part of the Website, User Account, or Services if (i) Botbroker suspects you of partaking in any illegal activity; (ii) Botbroker reasonably believes that you have violated these Terms; or (iii) applicable law enforcement or other government agencies have requested Botbroker to suspend or temporarily disable your access to the Website, Products and/or Services.

19.2 If Botbroker breaches any of its obligations under these Terms, you may terminate these Terms and close your User Account. Upon, your termination of these Terms and closing of your User Account, Botbroker shall (i) block your access to all of the Website, (ii) prevent you from concluding any Product purchase or sale transactions on the Platform with Sellers (ii) block your use of the Services, (iii) delete all of your information associated with your User Account, including but not limited to your full name, address, contact information, email address and password, and (iii) delete all of your data in your User Account.

General Provisions

Non-Exclusivity. The Parties’ respective obligations under these Terms are non-exclusive and nothing herein is intended to restrict you from accessing, purchasing, selling or using any other third party’s products or services, even if such products or services are similar to the (i) Products traded between Buyers and Sellers on the Platform, and (ii) Services provided by Botbroker on the Website (including the Platform).

Nothing herein is intended to limit Botbroker’s right to provide the Services to other registered users and to facilitate Product purchase and sale transaction(s) between other registered users as a third party intermediary.

Severability. If any of the provisions or portions of these Terms are held to be invalid under any applicable statute or rule of law, they are to that extent deemed to be omitted from these Terms without in any way invalidating or impairing the other provisions of these Terms.

No Waiver. A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce that provision or any other provision of these Terms at any time. A waiver of any provision of these Terms shall be in writing, specify the provision to be waived and signed/executed by the party agreeing to the waiver.

20.4 Notices. Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to [email protected].

20.5 Entire Agreement. These Terms represents the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein.

Governing Law & Dispute Resolution. These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of the State of Nevada, United States of America (USA). You agree that in respect of any dispute arising upon, over or in respect of any of the terms and conditions of these Terms, only the Alternative Dispute Resolution forum in the State of Nevada shall have jurisdiction to try and adjudicate such dispute to the exclusion of the State of Nevada’s Court system.

Contact Information

Should you have any questions concerning these Terms and/or any issues or concerns about the Website you may contact Botbroker at [email protected].

Effective Date: May 6th, 2020