Terms of Service
Last Updated: July 28th, 2020
PM Research Ltd is a group of early prediction market researchers who are committed to furthering the adoption, research and academic discoveries within predictive forecasting. PM Research operates educational and user resources for existing and promising applications of predictive software. PM Research makes no money from these web properties. PM Research Ltd operates the augur.net domain name and various social media accounts. PM Research Ltd receives no funding or support from the developers of Augur (Forecast Foundation) for these services.
The Forecast Foundation is a group of developers and technology professionals who are passionate about the potential of decentralized applications. The Forecast Foundation is a not-for-profit entity, it does not own or lead the Augur protocol ("Augur Protocol"), but rather supports and develops the free, open-source protocol that is Augur.
Neither PM Research nor the Forecast Foundation have any role in the operation of markets created on Augur, and do not have the ability to spend funds that are held in escrow on-contract, do not control how markets resolve or are created, do not approve or reject trades or other transactions on the network, and do not have the ability to modify, cancel, undo, or interact with orders on the network. PM Research and the Forecast Foundation have no power to censor, restrict, or curate markets, orders, trades, positions or resolutions on the Augur contracts. PM Research and the Forecast Foundation have no more control over the Augur protocol than anyone else using Ethereum.
PLEASE BE AWARE THAT THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE AUGUR SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE UNITED KINGDOM, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Visiting the Augur Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via the Augur Site, satisfy any legal requirement that such communications be in writing. The foregoing does not affect your statutory rights.
PM Research does not knowingly collect, either online or offline, personal information from any persons, including those under the age of eighteen. If you are under 18, you may not use the Augur Site or enter into a Customer Agreement, unless you have the permission of your parent or guardian.
You understand that the Augur Site and the related services are evolving. As a result, PM Research may require you to accept updates to the Augur Site and the related services that you have previously installed or used. You acknowledge and agree that PM Research may update the Augur Site with or without notifying you. You may need to update third-party software from time to time in order to use the Augur Site.
Third Party Services
The Augur Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of PM Research and PM Research is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. When you click on a link to a Linked Site, we may not warn you that you have left the Augur Site and are subject to the terms and conditions (including privacy policies) of another website or destination. PM Research is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PM Research of the site or any association with its operators. You use the Linked Sites at your own risk. When you leave the Augur Site, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of the Linked Sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Certain services made available via the Augur Site are delivered by third party sites and organizations.
Prohibited Uses and Intellectual Property
All content included on the Augur Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Augur Site, is the property of PM Research or its suppliers and protected by copyright, Trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Augur Site. PM Research content is not for resale. Your use of the Augur Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PM Research and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.
Unless otherwise indicated, all PM Research content is the property of the PM Research or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to you under the terms of the MIT License. (currently available at: http://opensource.org/licenses/mit-license.php). By downloading or otherwise accessing such PM Research content, you agree to comply with all the terms of the MIT license.
PM Research does not immediately claim ownership to any feedback or suggestions ("Feedback") you provide to PM Research via the Augur Site.
PM Research may be accessed from countries around the world and may contain references to Services and content that are not available in your country. The Augur Site is controlled and offered by PM Research from its facilities in the United Kingdom. PM Research makes no representations that the Augur Site is appropriate or available for use in other locations. Those who access or use the Services or content from other countries do so at their own volition and are responsible for compliance with local law.
You agree to indemnify, defend and hold harmless PM Research, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Augur Site or services, any postings or submissions made by you or other users, your violation of any terms of this Agreement or your violation of any rights, including intellectual property rights, of a third party, or your violation of any applicable laws, rules or regulations. PM Research reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PM Research in asserting any available defenses.
Disclaimer of Certain Liabilities
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AUGUR SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PM Research AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AUGUR SITE AT ANY TIME.
PM Research AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE AUGUR SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PM Research AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PM Research AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AUGUR SITE, WITH THE DELAY OR INABILITY TO USE THE AUGUR SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AUGUR SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE AUGUR SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PM Research OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AUGUR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AUGUR SITE.
PM Research reserves the right, in its sole discretion, to terminate your access to the Augur Site and its related services or any portion thereof at any time, without notice. This agreement is governed by the laws of the United Kingdom.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PM Research as a result of this agreement or use of the Augur Site. PM Research's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PM Research's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Augur Site or information provided to or gathered by PM Research with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PM Research with respect to the Augur Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PM Research with respect to the Augur Site, except for any Customer Agreement into which you enter with PM Research. In the case of any conflict, the terms of that Customer Agreement will control. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with PM Research and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement
You agree that any dispute or claim relating in any way to your access or use of the Augur Site, to any products sold or distributed through the Augur Site, or to any aspect of your relationship with PM Research, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or PM Research may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent [include name and address of registered agent here]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, PM Research will pay them for you. In addition, PM Research will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and PM Research. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial
YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and PM Research are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Applicability or Arbitration Agreement section above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in the United Kingdom.
All other claims shall be arbitrated.
30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 5th Floor 10 Finsbury Square, London, United Kingdom, EC2A 1AF or email@example.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your PM Research username (if any), the email address you used to set up your PM Research account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Except as provided in the Waiver of Class or Other Non-Individualized Relief subsection, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with PM Research.
Notwithstanding any provision in this Agreement to the contrary, we agree that if PM Research makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing PM Research at the following address: 5th Floor 10 Finsbury Square, London, United Kingdom, EC2A 1AF.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without PM Research's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Changes to Terms
PM Research reserves the right, in its sole discretion, to change the Terms under which Augur Site is offered. The most current version of the Terms will supersede all previous versions. PM Research encourages you to periodically review the Terms to stay informed of our updates.
PM Research welcomes your questions or comments regarding the Terms via email at firstname.lastname@example.org.