Privacy Policy, Disclaimer, & Terms Of Service

Privacy Policy & Disclaimer

(last revised November 2024)

Terms of Service

(last revised November 2023)

TERMS OF USE & CONDITIONS OF SALE

IMPORTANT – PLEASE READ OUR TERMS OF USE AND CONDITIONS OF SALE CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITIES, AND CLASS ACTION WAIVER AND MANDATORY ARBITRATION PROVISIONS (SEE BELOW).

Prime DeFi (“Prime DeFi,” “Dan Ryder,” “RYDER MEDIA INC.,” “we,” or “us”) provides its website, Prime DeFi, located at www.PrimeDeFi.com (together with all other websites, mobile applications, and services operated on behalf of Prime DeFi, RYDER MEDIA INC., and Dan Ryder, collectively, the “Site”), to you, an individual user or customer (“you”, "member", "client") for your individual usage, subject to your acceptance of, and compliance with, the terms and conditions set forth herein.

Agreement

By accessing or using this Site, or placing an order through the Site, you agree to be bound by our Terms of Use & Conditions of Sale (“Terms”) and Prime DeFi’s Privacy Policy, which is expressly incorporated into these Terms. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Site in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.

By using the Site and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Site, you are affirming that you have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.

Changes to These Terms

Prime DeFi reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. You can review the most current version of these Terms at any time by visiting this page (https://primedefi.com/termsofservicepage). It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes constitutes your binding acceptance of those changes.

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Privacy and Security Disclosure

PrimeDeFi’s Privacy Policy may be viewed at https://primedefi.com/privacypolicypage. The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of this Agreement. Prime DeFi reserves the right to modify the Privacy Policy at its sole discretion.

Intellectual Property

The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, user submissions (as defined in Section 18), third-party apps, and any other content on the Site (collectively, “Content”) and the trademarks, service marks and logos contained therein are the property of Prime DeFi and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. Prime DeFi reserves all rights not expressly granted in and to the Site.

The site may contain references to protected trademarks and service marks of other parties, but Prime DeFi may not specifically identity them as such. Prime DeFi does not claim ownership in any such marks.

Disclaimer on Earnings

We do not believe in get-rich-quick programs and you should not purchase our products or services if that is your expectation. The experiences we have shared on any Prime DeFi site are real testimonials from real customers, but their results may not be typical. Your individual results will vary depending upon a combination of factors that are unique to you including but not limited to, your experience level, amount of individual effort, your personal abilities, environmental market forces. etc. Prime DeFi is an educational product offered by RYDER MEDIA INC. We are not selling investments, insurance, real estate, securities, or anything other than education and are not providing tax advice, legal advice, or investment advisory products. We discuss general principles and strategies, but we do not know anything about you or your financial circumstances. As you consider applying the educational principles and strategies you see here, you should understand that there is risk in any investment and we cannot guarantee any particular results or success. Earnings and income representations made by Prime DeFi, and their advertisers/sponsors are aspirational statements only of your earnings potential. These results are not typical and results will vary. The results on this page are OUR results and from our set of experiences. We can in NO way guarantee you will get the exact same or similar results. 

Prime DeFi does not promise, guarantee, or warrant your success, or income. You understand and acknowledge that Prime DeFi does not at any time provide financial advice, or investment advice to you or your business. Those who purchase our products or services will receive access to educational content, and possibly software and/or tools to help earn yield from digital/virtual currencies. However, we do not guarantee your success and based upon many market factors that we cannot control, the training and tools we provide may or may not be applicable to your specific circumstances. Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make you any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.

No Investment Advice

The information provided on this website does not constitute investment advice, financial advice, trading advice, or any other sort of advice and you should not treat any of the website's content as such. Prime DeFi does not recommend that any digital/virtual currency should be bought, sold, or held by you. Do conduct your own due diligence and consult your financial advisor before making any investment decisions.

Accuracy of Information

Prime DeFi will strive to ensure accuracy of information listed on this website although it will not hold any responsibility for any missing or wrong information. Prime DeFi provides all information as is. You understand that you are using any and all information available here at your own risk.

Non Endorsement

The appearance of third party advertisements and hyperlinks on Prime DeFi does not constitute an endorsement, guarantee, warranty, or recommendation by Prime DeFi. Do conduct your own due diligence before deciding to use any third party services.

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User Conduct

You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with your use of the Site and its services, you agree not to:

- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;

- Use the Site for any unlawful purpose;

- Express or imply that any statements you make are endorsed by us, without our prior written consent;

- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;

- Disable, damage or alter the functioning or appearance of the Site, including the presentation of advertising;

- “Frame” or “mirror” any part of the Site without our prior written authorization;

- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” “scrape,” “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

- Harvest or collect information about visitors to the Site without their express consent;

- Send unsolicited or unauthorized advertisements, spam, chain letters, etc. to other users of the Site; or

- Transmit any Content which contains software viruses, or other harmful computer code, files or programs.

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Account Registration

In order to access some of the services of the Site, you will be required to create an account. By creating this account you agree to the following:

- You may only maintain a single account;

- You may never share your account username or password or knowingly provide or authorize access to your account;

- You may never use another user's account without permission;

- When creating your account, you must provide accurate and complete information;

- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;

- You must notify us immediately of any breach of security or unauthorized use of your account; and

- You will be liable for any use made of your account or password and the losses of Prime DeFi or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

Prime DeFi has the right, in its sole discretion, to cancel your subscription or suspend your access to the Site.

Cancellation & Refund Policy

You agree that you fully understand that our staff is always willing to work with you and will always honor any guarantee. You agree to contact us before you attempt to file any dispute or chargeback with your bank or credit card. However, if you file a fraudulent dispute or chargeback, your account will be reported to your bank as fraud, sent to collections, and possibly pursued legally. You have zero risk of this issue as long as you just speak with our staff by emailing them at concierge@PrimeDeFiDOTcom (replace "DOT" with "."). We will not tolerate fraud of any kind.

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Guarantees and Refunds

a. Prime DeFi Coaching 12-Month Packages ['CCC' or 'ClubX' Programs]

At Prime DeFi, we stand behind the ability of our coaching program to get you results when you spend the time studying and implementing what you learn. Because of this, if after giving the coaching program a fair attempt for the duration of it's entire term, you are not satisfied with your results, progress, or ability to implement our methods, we guarantee we will continue the coaching service to you at no expense until you are satisfied.

Prime DeFi comes with a 72 hour no questions asked refund period. After 72 hours have passed, the program may be partially refundable up to 7 days from purchase at the sole discretion of Prime DeFi.‍

You agree that you fully understand that our staff is always willing to work with you and will always honor any guarantee. However, if you file a fraudulent dispute or chargeback, you forfeit your refund and your account will be reported to your bank as fraud, sent to collections and possibly pursued legally. You have zero risk of this issue as long as you just speak with our staff by emailing them at concierge@PrimeDeFiDOTcom (replace "DOT" with "."). We will not tolerate fraud of any kind.

Guarantees and Refunds do not look at your personal issues as forms of consideration, strictly and only the criteria stated above. 

Additionally, the following reasons do not qualify for a refund:

-You changed your mind

-You lost motivation

-You found the program confusing and not for you

-Not computer or tech savvy enough

-Don’t have the money or time to use the program

-Emergency family situation

-Unexpected health or financial issues

-Need some quick and easy money

-Personal drama

-Any other reason that is unrelated to the action-based criteria stated above

b. Prime DeFi Coaching 12-Month Package ['CCC' Open Enrollment]

In addition to the three (3) day right to cancel the transaction, PrimeDeFi.com also has a Satisfaction Warranty, for its "open enrollment" members. If a member meets certain requirements and is still not satisfied with his/her purchase, the company will issue a full refund. In order to qualify for this warranty the member must meet each of the following requirements: 

1. Member must register their account into the Prime DeFi member portal; 

2. Member create 1 active liquidity pool position in their portfolio; and the request to utilize this warranty must be within 90 days from the date of Member's purchase. 

This satisfaction warranty is only for monies paid by member to company minus any or cash prizes received (eg. $500 Wins Contest prize), and does not include any discounts, unpaid balances, or advertising or promotional costs paid to a third party. 

All criteria for meeting our satisfaction warrantee must be provided to our support staff via email at concierge@primedefiDOTcom (replace "DOT" with ".") within 90 days from the date of purchase. If you have not completed the actions stated above, your refund request will not be considered. Please do not contact our team for a refund if you have not taken the actions required to receive a full refund.

c. Prime DeFi Courses [Prime Prosperity Quick Start]

In addition to the three (3) day right to cancel the transaction, PrimeDeFi.com also has a Satisfaction Warranty, for stand alone course sales. If a member is not satisfied with his/her purchase, the company will issue a full refund. In order to qualify for this warranty the member must meet each of the following requirements:

1. Member must make the request in writing via email to our support staff via email at concierge@primedefiDOTcom (replace "DOT" with ".") within 90 days from the date of purchase.

2. Member must not have filed a dispute/chargeback for the purchase.  We are happy to refund anyone who isn't satisfied, but filing a dispute against our merchant profile rather than asking for a refund will force us to respond to the dispute accordingly and nullify any refund request from being processed. 

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Payment Methods

All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover.

When placing an order online, you will need:

1. The address the card’s statement is sent to (billing address);

2. The card number and expiration date; and

3. The 3 or 4 digit code found only on the card (CVV2 code).

By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) if you choose a subscription-based purchase, that you will pay all payments for your subscriptions by the date due; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any credit card fees; and (v) that sufficient funds exist to pay us the amount(s) due.

We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your subscription(s) if you signed up for subscription(s). Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

Payment Plans, Subscription Terms, and Automatic Payments

A PrimeDeFi.com user is responsible for paying all sums due to PrimeDeFi.com in connection with their monthly subscription or payment plan terms in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access. Every calendar month, your account will be charged the next payment plan fee or subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively “Fees”).

Failure by the PrimeDeFi.com user to use any of the services available through the service provided by PrimeDeFi.com does not relieve the PrimeDeFi.com user of their payment obligations under these Terms. Potential users can pay by credit card or debit card, or other agreed upon method by both parties. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.

You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is canceled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount). 

IF YOU WISH TO CANCEL YOUR PRIMEDEFI.COM SUBSCRIPTION (INCLUDING SUBSCRIPTIONS FOR SERVICES) AT ANY TIME AFTER A PERIOD ENDS, YOU MUST SUBMIT A CANCELLATION REQUEST TO US VIA OUR SUPPORT EMAIL ADDRESS CONCIERGE@PRIMEDEFI.COM OR THROUGH YOUR ACCOUNT DASHBOARD. FOR MONTHLY SUBSCRIPTIONS (INCLUDING SUBSCRIPTIONS FOR SERVICES), WE REQUIRE AT LEAST TEN (10) DAYS’ NOTICE OF CANCELLATION BY EMAIL. ‍

PrimeDeFi.com reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event PrimeDeFi.com starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in these Terms. In addition to any Fees, PrimeDeFi.com may also charge applicable value added or other tax.   


Copyright Notice

The Site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:

Prime DeFi, RYDER MEDIA INC.

Attn: Copyright Agent

Email Address: support@PrimeDeFiDOTcom (replace "DOT" with ".")

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

DISCLAIMER OF WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE OR OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

DISCLAIMER OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL PRIME DEFI OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER PRIME DEFI, HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, PRIME DEFI IS FOUND LIABLE UNDER ANY THEORY, PRIME DEFI’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER PRIME DEFI, WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PRIME DEFI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.

a. General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Prime DeFi, or any involved third-party relating to your account, your use of the Website, your relationship with Prime DeFi, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by Prime DeFi or any third-party related to your use or attempted use of the products. You, Prime DeFi, or any involved third-party may pursue a Claim. Prime DeFi agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Prime DeFi. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

b. Exceptions

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Prime DeFi both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Prime DeFi will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the local or federal courts located in Puerto Rico: (i) an action by Prime DeFi relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Prime DeFi for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the local and federal courts located in Puerto Rico, and forever waive any challenge to said courts’ jurisdiction and venue.

c. Required Pre-Dispute Procedures

We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Prime DeFi, Attn: RYDER MEDIA INC., 151 Calle De San Francisco STE 200 PMB 1815, San Juan, PR 00901. Prime DeFi will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Prime DeFi or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in local or federal court located in Puerto Rico to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.

d. Commencing Arbitration

You and Prime DeFi agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

e. Arbitration Location

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Puerto Rico unless Prime DeFi otherwise agrees to arbitrate in another forum requested by you.

f. Organization, Rules and the Arbitrator

We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’S Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Prime DeFi.

g. Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.

h. Governing Law and Award

The arbitrator shall follow the substantive law of the State of Delaware without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

i. Enforceability

This provision survives termination of your account or relationship with Prime DeFi, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

j. Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Prime DeFi and shall not be modified except in writing by Prime DeFi.

k. Amendments

Prime DeFi reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Prime DeFi product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Prime DeFi will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Prime DeFi product or service, is affirmation of your consent to such material changes.

YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT PRIME DEFI, ATTN: RYDER MEDIA INC. LEGAL DEPARTMENT, 151 CALLE DE SAN FRANCISCO STE 200 PMB 1815, SAN JUAN, PR 00901. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT. SHOULD EITHER PARTY FILE AN ACTION CONTRARY TO THIS PROVISION, THE OTHER PARTY MAY RECOVER ATTORNEY’S FEES AND COSTS UP TO $1000.00.

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Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Prime DeFi, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.

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Third-Party Websites and Links

Our Site may include materials from third-parties or links to third-party websites. Prime DeFi is not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Testimonials, Reviews, and Other Submissions

Prime DeFi is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that any testimonial or product review that you provide Prime DeFi is true and accurate in all respects and does infringe or interfere with the intellectual property rights of any third party. You agree that Prime DeFi may use testimonials and/or product/service reviews, in whole or in part, together with the name and state/country of the person submitting it. Testimonials may be used for any form of advertising relating to Prime DeFi’s products or services, in printed and online media, as Prime DeFi determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our products or services.

Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “User Submissions” or simply, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

Additionally, Prime DeFi reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Prime DeFi shall be under no obligation to use any, or any part of, any testimonial or product/service review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.

Electronic Communications

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Assignment

You may not assign any of your rights under these Terms, and any such attempt will be null and void. Prime DeFi and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Prime DeFi's business is transferred to another entity by way of merger, sale of its assets or otherwise.

No Waiver

No waiver by Prime DeFi of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Prime DeFi to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

No Agency Relationship

No joint venture, partnership, employment, or agency relationship exists between you and Prime DeFi as a result of your receipt of any Prime DeFi product, or use of the Site.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

In the event that we terminate this Agreement, any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Amplify, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

Questions or Additional Information

If you have any questions regarding your account, subscription services, or these Terms, please email concierge@PrimeDeFiDOTcom (replace "DOT" with ".") for assistance.