Terms of Service EIGEN Claim

Last Revised on September 19, 2024

Welcome to the Token Distribution Terms (these "Terms") for the EIGEN token by RestakeX Foundation, a Panama foundation and its affiliates (“Organization”, “we” or “us”). These Terms govern your ability to participate in the Token Distribution (defined below).

Please read these Terms carefully, as they include important information about your legal rights. By participating in the Token Distribution or claiming Token Distribution tokens, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not participate in the Token Distribution.

YOUR PARTICIPATION IN THE TOKEN DISTRIBUTION IS SOLELY AT YOUR OWN RISK AND IT IS YOUR SOLE RESPONSIBILITY TO SEEK APPROPRIATE PROFESSIONAL, LEGAL, TAX, AND OTHER ADVICE IN RESPECT OF THE TOKEN DISTRIBUTION.

BY PARTICIPATING IN ANY TOKEN DISTRIBUTION YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS RELATED THERETO, INCLUDING (WITHOUT LIMITATION) THE RISKS SET OUT BELOW. IN NO EVENT SHALL THE ORGANIZATION OR ANY RELATED PARTY BE HELD LIABLE IN CONNECTION WITH OR FOR ANY CLAIMS, LOSSES, DAMAGES, OR OTHER LIABILITIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE TOKEN DISTRIBUTION OR THE RECEIPT OF ANY TOKENS.

For the purposes of these Terms, "you" and "your" refer to you as a participant in the Token Distribution. "Token Distribution" refers to the allocation of protocol tokens, such as REZ tokens or EIGEN tokens, to eligible participants, which are utilized in connection with the Renzo Protocol or EigenLayer Protocol, as applicable, and are subject to these Terms. The use of all EIGEN tokens and your participation in the EigenLayer Protocol is governed by the terms and conditions outlined at the following link, which are incorporated herein by reference: https://docs.eigenfoundation.org/category/legal.

If you participate in the distribution or otherwise claim distribution tokens on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of such entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on such entity’s behalf.

1. To participate in the Token Distribution, you will need to connect a compatible third-party digital wallet (“Wallet”). By using a Wallet, you agree that you are using the Wallet under the terms and conditions of the applicable third-party provider of such Wallet. Wallets are not associated with, maintained by, supported by, or affiliated with the Organization. We accept no responsibility or liability to you in connection with your use of a Wallet, and we make no representations or warranties regarding how any specific Wallet will operate in connection with the Token Distribution or be compatible with participating in the Token Distribution. The private keys necessary to access the assets held in your Wallet are not held, in custody of, controlled, or managed by the Organization. The Organization has no ability to help you access or recover your private keys and/or seed phrases for your Wallet. You are solely responsible for maintaining the confidentiality of your private keys and you are responsible for any transactions signed with your private keys.

2. You are not eligible to participate in the Token Distribution if you are located in, or a resident of the United States, US, Cuba, Iran, North Korea, Ukraine, Syria or if you are a Prohibited Person (as defined below). You agree and acknowledge that you are not a Prohibited Person and you will not use a virtual private network (“VPN”) or other similar tool to circumvent any geoblocking or other restrictions that we may have implemented for Token Distribution recipients. Any such circumvention, or attempted circumvention, may permanently disqualify you from participation in the Token Distribution in our discretion. A “Prohibited Person” is any person or entity that is (a) the subject of any economic or trade sanctions administered or enforced by any governmental authority, including being designated on any list of prohibited or restricted parties by any governmental authority, such as the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce Denied Persons List Entity List, the E.U. Consolidated List of persons and the U.K. Consolidated List of Financial Sanctions Targets, and other relevant authorities, (b) located, a resident of or organized in any jurisdiction or territory that is the subject of comprehensive country-wide or regional economic sanctions or has been designated as “terrorist supporting” by the United Nations or the governmental authority of the European Union, United Kingdom or the United States, or (c) owned or controlled by such persons or entities listed in (a)-(b).

3. Your eligibility to receive Token Distribution tokens or participate in the Token Distribution is subject to our sole discretion. You agree not to engage in any activities that are designed to obtain more Token Distribution tokens than you are entitled to. You agree that you are the legal owner of the blockchain address that you use to access or participate in the Token Distribution.

4. The Token Distribution shall be conducted during a specified period, as determined in our sole discretion, and available on a claim site which is administered by a non-affiliated third-party. The claim site is located here: ezeigen.liquifi.finance

You must follow the instructions set forth in any Token Distribution announcement and/or such other instructions as may be provided by the Organization from time to time to participate in the Token Distribution. The number of tokens allocated to each participant will be determined by the Organization, in its sole discretion, and such allocation may vary among participants. Tokens may be made available for claims after an initial period in which participants can check eligibility for, but not claim, tokens. You agree and acknowledge that claiming the Token Distribution tokens may require interaction with, reliance on, or an integration with third-party products or services (e.g., a wallet or a network or blockchain) that we do not control. In the event that you are unable to access such products, services, or integrations, or if they fail for any reason, and you are unable to participate in the Token Distribution or claim tokens as a result, you will have no recourse or claim against us or any Organization Entities (defined below); and neither we nor any Organization Entities (defined below) bear(s) any responsibility or liability to you. Do not trust any other website regardless of its source or origin or any link routing you to a different website.

5. You agree and acknowledge that you have the sole responsibility and liability for all taxes in connection with your participation in the Token Distribution and you should consult a tax advisor.

6. You agree and acknowledge that you are solely responsible for complying with all applicable laws of the jurisdiction you are located or participating in the Token Distribution from. Your participation in the Token Distribution does not and will not violate any applicable laws, including without limitation, applicable economic and trade sanctions.

7. You agree and acknowledge that you (a) may receive tokens for free via the Token Distribution (other than applicable taxes, if any), (b) were not previously promised any tokens, and (c) took no action in anticipation of or in reliance on receiving any tokens or an Token Distribution.

8. Disclaimers; Limitation of Liability

8.1. Your participation in the Token Distribution is at your own risk. You understand and agree that any Token Distribution tokens are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Organization, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (the “Organization Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATING TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USAGE, QUALITY, PERFORMANCE, SUITABILITY OR FITNESS OF THE Token Distribution FOR ANY PARTICULAR PURPOSE, OR AS TO THE ACCURACY, QUALITY, SEQUENCE, RELIABILITY, WORKMANSHIP OR TECHNICAL CODING THEREOF, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. The Organization Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Token Distribution; (b) any harm to your computer system, loss of data, or other harm that results from your participation in the Token Distribution; (c) the operation or compatibility with any other application or any particular system or device, including any Wallets; and (d) whether the Token Distribution will be available on an uninterrupted, secure or error-free basis. Nothing contained in these Token Distribution constitutes, or is meant to constitute, financial, legal or other professional advice.

8.2. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 7.3 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

8.3. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE ORGANIZATION ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE TOKEN DISTRIBUTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TOKEN DISTRIBUTION OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE TOKEN DISTRIBUTION OR THESE TOKEN DISTRIBUTION AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE ORGANIZATION ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TOKEN DISTRIBUTION OR THE TOKEN DISTRIBUTION. THE ORGANIZATION ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Assumption of Risk

9.1. By participating in an applicable Token Distribution, you represent that you have sufficient knowledge and experience in business and financial matters, including a sufficient understanding of blockchain technologies, cryptocurrencies and other digital assets, storage mechanisms (such as wallets), and blockchain-based software systems to be able to assess and evaluate the risks and benefits of participating in the Token Distribution. You acknowledge and agree that there are risks associated with purchasing, receiving and holding cryptocurrency and using blockchain technology. These include, but are not limited to, risk of losing access to cryptocurrency due to slashing, loss of private key(s), custodial error or purchaser error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risk related to token taxation, risk of personal information disclosure, risk of uninsured losses, volatility risks, and unanticipated risks.

9.2. You agree and acknowledge that if you are unable to claim a token pursuant to a Token Distribution event due to technical bugs, smart contract issue, gas fees, wallet incompatibility, loss of access to a wallet or the keys thereto, or for any other reason, you will have no recourse or claim against us or our affiliates and that we and our affiliates will not bear any liability.

9.3. You agree and acknowledge that claiming tokens may require reliance on or an integration with third party products (e.g., a wallet or an unaffiliated network or blockchain) that we do not control. In the event that you are unable to access such products or integrations, or if they fail for any reason, and you are unable to participate in an applicable Token Distribution or claim Token Distribution tokens, you will have no recourse or claim against us or our affiliates and we and our affiliates will not bear any liability. We are not responsible for any losses due to your errors, including an incorrectly constructed transaction.

9.4. You agree and acknowledge that the regulatory regime governing blockchain technologies, cryptocurrencies and other digital assets is uncertain, that new regulations or policies may materially adversely affect the potential utility or value of such cryptocurrencies and digital assets, and that there are risks of new taxation related to the purchase or sale of cryptocurrencies and other digital assets.

9.5. You agree and acknowledge that cryptocurrencies, tokens and other similar digital assets are neither (i) deposits of or guaranteed by a bank or any governmental agency nor (ii) insured by the FDIC or by any other governmental agency.

10. Indemnification. By entering into these Terms or otherwise participating in an applicable Token Distribution, you agree that you shall defend, indemnify, and hold the Organization Entities harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by the Organization Entities arising out of or in connection with your violation or breach of any term of these Terms or any applicable law or regulation. If you are obligated to indemnify any Organization Entity hereunder, then you agree that the Organization (or, at its discretion, the applicable Organization Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Organization wishes to settle, and if so, on what terms, and you agree to fully cooperate with the Organization in the defense or settlement of such claim.

11. Miscellaneous. Nothing in these Terms shall be construed to transfer any intellectual property rights from the Organization to you. These Terms contain the entire agreement between you and the Organization regarding the Token Distribution, and supersede all prior and contemporaneous understandings between the parties regarding an applicableToken Distribution. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or participation in an applicableToken Distribution after the modifications have become effective will be deemed your acceptance of the modified Terms. These Terms may be assigned by the Organization but may not be assigned by you without our prior express written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are governed by the laws of Panama, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Panama.

12. How to Contact Us. You may contact us regarding these Token Distribution by e-mail at [e-mail]