Terms & Conditions
RAIS3 Partners LLC and The Collective Hub Terms of Service Use 

Last Updated: March 15, 2024

The site MyCollectiveHub.com and its Collective initiative (“Collective”, “the Platform”, “platform”, "portal", or “Collective Hub”) is an portal and cross-platform program that provides users with the opportunity to collect and showcase digital credentials, access a public directory of participants in trainings offered by official Collective training providers and/or sponsoring organizations solely for educational and social purposes. RAIS3 Partners, LLC. ("RAIS3", "we", or "us") is making the portal and its functionality available to you. Before you use Collective, however, you will need to agree to these Terms of Use and any terms and conditions incorporated herein by reference (collectively, these “Terms").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM OR ITS FUNCTIONALITY. THESE TERMS GOVERN YOUR USE OF THE PLATFORM OR ITS FUNCTIONALITY, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE COLLECTIVE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING COLLECTIVE OR ANY PART OF IT, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE PLATFORM AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM OR ITS FUNCTIONALITY.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (SEE SECTION 15). PLEASE REVIEW THE ARBITRATION PROVISION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY USING COLLECTIVE OR ANY PART OF IT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION. ANY TRANSACTION YOU MAKE, ACCEPT OR FACILITATE OUTSIDE OF THIS PLATFORM (AS DEFINED BELOW) WILL BE ENTIRELY AT YOUR RISK. WE DO NOT CONTROL OR ENDORSE PURCHASES OR SALES OF CREDENTIALS OUTSIDE OF THIS PORTAL. WE EXPRESSLY DENY ANY OBLIGATION TO INDEMNIFY YOU OR HOLD YOU HARMLESS FOR ANY LOSSES YOU MAY INCUR BY TRANSACTING, OR FACILITATING TRANSACTIONS, IN CREDENTIALS OUTSIDE OF THIS PLATFORM. BY USING THE PLATFORM OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. BY USING THE PLATFORM OR ANY PART OF IT, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. Any changes to these Terms will be in effect as of the “Last Updated Date'' referred to at the top of this page. You should review these Terms before using the platform or purchasing any product or using any services that are available through this App. Your continued use of this platform after the “Last Updated Date'' will constitute your acceptance of and agreement to such changes. By using this App, you affirm that you are of legal age to enter into these Terms, and you accept and are bound by these Terms. You affirm that if you are using this platform on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms. You may not use this platform if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using this platform or any of this platform’s contents, products or services by applicable law.

1. USE OF THE PLATFORM; ACCOUNT SET-UP, AND SECURITY (i) Profile and Wallet Set-Up. To most easily use the Platform, you should first install a web browser (such as the Google Chrome web browser). You will also need to an email address to establish an account affiliated with an electronic wallet, which will enable you to hold and share credentials you earn through participating in official trainings offered by Collective partners or clients via the platform. Each credential is also backed by a blockchain-based record on the Bitcoin™ blockchain network ( “Bitcoin”) in a wallet created by Accredible.com (“Accredible”). (ii) Account Registration. You must provide accurate and complete registration information when you create an account for the platform. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update your account information as necessary. We reserve the right to reclaim usernames without liability to you. (iii) Account Security. You are responsible for the security of your account for the platform and for your electronic wallets. If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at hello@mycollectivehub.com.

2. EARNING YOUR CREDENTIALS (i) Acquiring Credentials. The platform allows you to earn, hold, and showcase Credentials (each, a “Certificate” or “Badge”) from an official Collective training provider or sponsoring organization. Each Credential is a digital representation of your completed coursework on the Bitcoin blockchain. (ii) Characteristics of Credentials. Credentials are comprised of an artistic design and your personal information created by the in-house graphics design team of RAIS3 Partners and approved by the official training provider and/or sponsoring organization. Each Credential has a defined set of attributes – including your name,course completed, date completed, and, if relevant, and expiration date.. (iii) Subjectivity of Credentials. There is no fungible, inherent, or intrinsic value or utility of each Credential. Its value in the world is inherently subjective, in the same way the value or utility of other credentials inherently subjective. Some recipients may later have the opportunity to use these Credentials in a “gamified” context to earn exclusive access or rewards. (iv) Showcasing Credentials. The “Directory” feature of the Collective platform organizes your Credentials into collections, and allows you to show them to your friends, colleagues, community, or prospective employers and unlock access to tiered levels of rewards.

3. PAYMENT, GAS FEES, AND TAXES (i) Financial Transactions on Platform. Any payments or financial transactions that you engage in via the Platform will be conducted solely through the clearly demarcated payment providers, such as credit card processors or peer-to-peer platforms such as Venmo. Any such paid transactions will be clearly noted and gated before you access a restricted or paid service. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the platform, or any other payment or transactions that you conduct via these processors. (ii) Gas Fees. Every transaction on the Bitcoin blockchain requires the payment of a transaction fee (each, a “Gas Fee”). The Gas Fees fund the network of computers that run the decentralized Bitcoin blockchain. This means that you will need to pay a Gas Fee for each transaction that you instigate via the App. Except as otherwise expressly set forth in these Terms, RAIS3 Partners and Collective will be solely responsible to pay any Gas Fee for any transaction that you instigate via the platform. Any such Gas Fee will be built into any annual service fee for your wallet and profile. (iii) Responsibility for Taxes. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with your use of the platform.

4. OWNERSHIP, LICENSE, AND OWNERSHIP RESTRICTIONS YOUR OWNERSHIP OF CREDENTIALS WILL ONLY BE RECOGNIZED BY US IF YOU HAVE EARNED OR OTHERWISE RIGHTFULLY ACQUIRED SUCH CREDENTIALS FROM A LEGITIMATE SOURCE AND NOT THROUGH ANY OF THE CATEGORY B PROHIBITED ACTIVITIES (AS DEFINED BELOW). For the purposes of this Section 4, the following capitalized terms will have the following meanings: “Art” means any art, design, and drawings (in any form or media, including, without limitation, video or photographs) that may be associated with a Credential that you Own. “Own” means, with respect to a Credential, a Credential that you have earned or otherwise rightfully acquired from a legitimate source or official Collective training provider, sponsoring organization, or partner (and not through any of the Category B Prohibited Activities (as defined below)), where proof of such earning or attendance is recorded on the Bitcoin blockchain. “Earned Credential” means a Credential that you earned by participation in a sanctioned event and now “own.” “Third Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world. (i) Ownership of Credential. Because each Credential is a digital asset stored on the cloud and on the Bitcoin blockchain, when you earn a Credential in accordance with these Terms (and not through any of the Category B Prohibited Activities), you own the underlying digital asset completely. This means that you have the right to change the visibility and privacy of your Credential. You may not give it away or transfer it to another individual or digital wallet. Ownership of the Credential is mediated entirely by RAIS3 Partners and the Bitcoin blockchain. (ii) We Own the Platform. You acknowledge and agree that we (or, as applicable, our licensors) owns all legal right, title and interest in and to all other elements of the Platform, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Collective platform and its functionality (collectively, the “Platform Materials”)). You acknowledge that the Platform Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Platform Materials are the copyrighted property of us or our licensors, and all trademarks, service marks, and trade names associated with the Platform or otherwise contained in the Platform Materials are proprietary to us or our licensors. (iii) No User License or Ownership of Platform Materials. Except as expressly set forth herein, your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other Platform Materials that you may access on or through the App. We reserve all rights in and to the Platform Materials that are not expressly granted to you in these Terms. (iv) Further User Ownership Acknowledgements. For the sake of clarity, you understand and agree: (a) that your earning of a Credential, whether via the platform or otherwise, does not give you any rights or licenses in or to the Platform Materials (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Platform Materials (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion. (v) User License to Art. Subject to your continued compliance with these Terms, we grant you non-exclusive, non-transferable, royalty-free license to use and display the Art for your Earned Credentials, solely for your own personal, non-commercial use. (vi) Restrictions on Ownership. You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our (or, as applicable, our licensors’) express prior written consent in each case: (a) modify the Art for your Earned Credential in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the Art for your Earned Credential to advertise, market, or sell any third party product or service; (c) use the Art for your Earned Credential in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Art for your Earned Credential in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Earned Credential; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Earned Credential; or (g) otherwise utilize the Art for your Earned Credential for your or any third party’s commercial benefit. (vii) Third Party IP. If the Art associated with your Earned Credential contains Third Party IP you understand and agree as follows: (a) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (b) that, depending on the nature of the license granted from the owner of the Third Party IP, we may need to (and reserve every right to) pass through additional restrictions on your ability to use the Art; and (c) to the extent that we inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of the license contained in this Section 4. (viii) Other Terms of License. The license granted in Section 4(v) above applies only to the extent that you continue to Own the applicable Earned Credential. You may not at any time sell, swap, donate, give away, transfer, or otherwise dispose of your Earned Credential for any reason. If you attempt to do so, the license granted in Section 4(v) will immediately expire with respect to that Credential without the requirement of notice, and you will have no further rights in or to the Art for that Credential. The restrictions in Sections 4(vii) and 4(viii) will survive the expiration or termination of these Terms. (ix) User Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the App, including without limitation about how to improve the Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

5. CONDITIONS OF USE AND PROHIBITED ACTIVITIES YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE PLATFORM, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE PLATFORM ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS. (i) User Warranties. Without limiting the foregoing, you warrant and agree that your use of the Platform will not (and will not allow any third party to):(a) in any manner: (1) involve the sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (2) involve the distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (3) involve the uploading, posting, transmitting or otherwise making available through the Platform any content that infringes the intellectual proprietary rights of any party; (4) involve using the Platform to violate the legal rights (such as rights of privacy and publicity) of others; (5) involve engaging in, promoting, or encouraging illegal activity (including, without limitation, money laundering); (6) involve interfering with other users’ enjoyment of the Platform; (7) involve exploiting the Platform for any unauthorized commercial purpose; (8) involve modifying, adapting, translating, or reverse engineering any portion of the Platform; (9) involve removing any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it; (10) involve reformatting or framing any portion of the App; (11) involve displaying any content on the Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (12) involve using any spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its users for any unauthorized purpose; (13) involve accessing or using the Platform for the purpose of creating a product or service that is competitive with any of our products or services; (14) involve abusing, harassing, or threatening another user of the Platform or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers (including, without limitation, filing support tickets with false information, sending excessive emails or support tickets, obstructing our employees from doing their jobs, refusing to follow the instructions of our employees, or publicly disparaging us by implying favoritism by a our employees or otherwise); or (15) involve using any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language when communicating with another user of the Platform or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers (each, a “Category A Prohibited Activity”); and/or (b) in any manner: (1) involve creating user accounts by automated means or under false or fraudulent pretenses; (2) involve the impersonation of another person (via the use of an email address or otherwise); (3) involve using, employing, operating, or creating a computer program to simulate the human behavior of a user (“Bots”); (4) involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the Platform (including, without limitation, false submission of attendance); (5) involve acquiring Credentials through inappropriate or illegal means (including, among other things, using a stolen credit card, false identity, or a payment mechanism that you do not have the right to use); or (6) involve the purchasing, selling or facilitating the purchase and sale of any user’s account(s) to other users or third parties for cash or cryptocurrency consideration outside of the Platform; or (7) otherwise involve or result in the wrongful seizure or receipt of any Credentials or other digital assets (each, a “Category B Prohibited Activity” and, together with Category A Prohibited Activity, the “Prohibited Activities”). (ii) Effect of Your Breaches. If you engage in any of the Prohibited Activities, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or delete your Credentials’ images and descriptions from the Platform and its components. If we delete your Credentials’ images and descriptions from the Platform, such deletion will not affect the record of your earning of these credentials, but you will not receive a refund of any amounts you paid for those Credentials to be stored. NOTWITHSTANDING THE FOREGOING, HOWEVER, IF WE REASONABLY BELIEVE THAT YOU ARE ENGAGED IN ANY OF THE CATEGORY B PROHIBITED ACTIVITIES, IN ADDITION TO OUR RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE YOUR USER ACCOUNT AND/OR DELETE YOUR CREDENTIALS’ IMAGES AND DESCRIPTIONS FROM THE PLATFORM, WE ALSO RESERVE THE RIGHT, AT OUR SOLE AND ABSOLUTE DISCRETION, WITHOUT NOTICE OR LIABILITY TO YOU, TO TAKE ANY OR ALL OF THE FOLLOWING ACTIONS: (A) TO DEEM ANY TRANSACTION THAT TOOK PLACE VIA OR AS THE RESULT OF SUCH ACTIVITIES TO BE VOID AB INITIO; AND/OR (B) TO IMMEDIATELY CONFISCATE ANY CREDENTIALS (INCLUDING THEIR UNDERLYING DIGITAL ASSETS) THAT WERE EARNED OR ACQUIRED AS THE RESULT OF SUCH ACTIVITIES.

6. TERMINATION (i) You Terminate. You may terminate these Terms at any time by canceling your account on the Platform and discontinuing your access to and use of the Platform. If you cancel your account, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Platform– whether for Credentials earned in free or paid trainings or anything else. (ii) We Terminate. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Platform without the provision of prior notice. You agree that any suspension or termination of your access to the Platform may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. (iii)Other Remedies Available. If we terminate these Terms or suspend or terminate your access to or use of the Platform due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity. (iv) Referral to Governmental Authority. We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Platform. (v) Effect of Termination. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Platform or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 1 and 3 through 14 will survive the termination or expiration of these Terms for any reason. YOU WAIVE AND HOLD US AND EACH OF OUR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICIAL TRAINING PARTNERS, SPONSORING ORGANIZATIONS, PARTNERS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
7. DISCLAIMERS YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND THAT THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AND OUR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE PLATFORM AND ANY PART OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE PLATFORM WILL BE ACCURATE; (IV) THE PLATFORM OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BITCOIN BLOCKCHAIN OR RAIS3 PARTNERS LLC, ACCREDIBLE OR YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, THE BITCOIN BLOCKCHAIN OR RAIS3 PARTNERS, ACCREDIBLE, OR ANY OTHER ELECTRONIC WALLET. CREDENTIALS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BITCOIN BLOCKCHAIN, ACCREDIBLE, OR WITH RAIS3 PARTNERS LLC. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE BITCOIN BLOCKCHAIN, ACCREDIBLE, OR RAIS3 PARTNERS’ COLLECTIVE ECOSYSTEM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE BITCOIN BLOCKCHAIN, ACCREDIBLE, OR ANY OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE BITCOIN BLOCKCHAIN OR ACCREDIBLE , INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

8. LIMITATION OF LIABILITY YOU UNDERSTAND AND AGREE THAT WE, AND EACH OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICIAL TRAINING PROVIDERS, SPONSORING ORGANIZATIONS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE APP, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE ACTUALLY AND LAWFULLY PAID US UNDER THESE TERMS IN THE TWO (2) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE PLATFORM AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE PLATFORM TO YOU WITHOUT THESE LIMITATIONS.

9. ASSUMPTION OF RISK (i) Value and Volatility. The rights provided to you are for educational and social purposes only. There is no expectation of value beyond the utility delineated in the Program Overview. Each Credential has no inherent or intrinsic value. We cannot (and do not) guarantee that any Credentials earned will have any “real world” value, as the value of credentials is inherently subjective and, among other things, factors occurring outside of the Collective ecosystem may materially impact the value and desirability of any particular Credential and skills. (ii) Use of Blockchain. The Platform does not store, send, or receive Credentials. This is because Credentials exist only by virtue of the ownership record maintained on the Platform’s supporting blockchain in the Bitcoin network. Any attempt to transfer Credentials occurs within the supporting blockchain in the Bitcoin network, and not on the Platform. (iii) Inherent Risks with Digital Assets. There are risks associated with using an Internet-based technology, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Bitcoin blockchain or network, however caused. (iv) Software Risks. Upgrades to the Bitcoin blockchain or wetwork, a hard fork in the Bitcoin blockchain or network, or a change in how transactions are confirmed on the BItcoin blockchain or network may have unintended, adverse effects on all blockchains using the Bitcoin Network’s standard, including the Collective ecosystem.

10. INDEMNIFICATION You agree to hold harmless and indemnify us, and each of our parents, subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, official training providers, sponsoring organizations, or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost and attorneys' fees arising out of or in any way related to: (i) your breach of these Terms; (ii) your misuse of the Platform; or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Collective platform. You agree that we will have control of the defense or settlement of any such claims.

11. EXTERNAL SITES The Collective platform includes hyperlinks to other websites or resources (collectively, the “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from or through any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.

12. FORCE MAJEURE (i) Force Majeure Events. We will not be liable or responsible to the you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) strikes, labor stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) other similar events beyond our control. (ii) Performance During Force Majeure Events. If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that our failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by us under this Section 12, we may thereafter terminate these Terms upon fifteen (15) days' written notice.

13. CHANGES TO THE PLATFORM We are constantly innovating the Collective platform to help provide the best possible experience. You acknowledge and agree that the form and nature of the Platform, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Platform at any time without notice.

14. CHILDREN You affirm that you are over the age of 13. The Collective platform and its functionality is not intended for children under 13. If you are under the age of 13, you may not use the Collective platform and its functionality. We do not knowingly collect information from or direct any of our content specifically to children under the age of 13. If we learn or have reason to suspect that you are a user who is under the age of 13, we will unfortunately have to close your account. Other countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not use the Platform.