Decentralized Protocol Integrations Terms of Service

Last Updated: December 11, 2025

Coinbase Bermuda Technologies Limited (“CBTL” or “we” or “us” or “our”) may provide users the ability to access one or more third-party decentralized protocols using a native interface inside the Coinbase mobile application or on another Coinbase Site (as defined below) (each, a “Decentralized Protocol Integration”).  CBTL developed these Terms of Service (these “Terms”) to describe the terms that govern your use of any Decentralized Protocol Integration, and by using any Decentralized Protocol Integration, you agree to be bound by these Terms.  CBTL is a wholly owned subsidiary of Coinbase Global, Inc.  In these Terms, “Coinbase Group” means CBTL, its corporate affiliates, including Coinbase, Inc., a Delaware corporation, and Coinbase Global, Inc., a Delaware corporation.  

1.  Third Party Services and Environments. 

1.1.  The Decentralized Protocol Integrations allow you to access third-party services, such as decentralized exchanges, lending protocols, or other services (“Third Party Services”), and enable you to interact with such Third Party Services using your Smart Wallet (as defined below).  We provide access to Third Party Services only as a convenience, do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products, assets, or services on or accessible from those Third Party Services (including any related websites, resources or links displayed therein). When accessing and transacting on or with Third Party Services, you understand that unless otherwise stated, you are at no time transacting with any member of the Coinbase Group, or transferring your assets to any member of the Coinbase Group.  Your use of any Third Party Service may also be subject to additional terms and conditions between you, on the one hand, and the provider(s) of such Third Party Service, on the other hand.

1.2.  Third Party Services, such as decentralized exchanges and decentralized lending protocols, may provide access to services and assets that have high risks of illiquidity, devaluation, lockup, or loss.  Before you initiate any transaction with or through a Third Party Service, it is important for you to understand that you are transacting directly with a third party that is not affiliated with any member of the Coinbase Group.  You should assume that we have not verified the safety or legitimacy of any Third Party Service, and have not reviewed (or approved of) the services it provides or any representations it has made.  It is your responsibility to ensure that you fully understand the nature of the services being provided by any Third Party Service, including the financial risks that you may be exposed to as a result of using such Third Party Service. 

1.3  If you access a Third Party Service that enables you to obtain loans or other forms of credit, you understand and agree that you are not permitted to use the proceeds of such loans or credit to purchase digital assets on or through coinbase.com, Coinbase’s APIs, the Coinbase mobile application, or any other Coinbase website (collectively the "Coinbase Site"), and pledge that you will not do so.  For the avoidance of doubt, unless explicitly stated, if you access a Third Party Service that enables you to obtain loans or other forms of credit, neither CBTL nor any other member of the Coinbase Group is your lender in connection with that service.  

1.4.  By accessing Third Party Services such as decentralized lending protocols for depositing your assets into lending vaults, you acknowledge and agree that we act solely as a technology provider facilitating your direct interaction with such decentralized lending protocols and their associated vaults. We do not hold custody of your digital assets deposited into the vaults, nor do we act as a financial institution, lender, or borrower in providing Third Party Services. You understand that participation in decentralized lending protocols involves inherent risks, including but not limited to smart contract vulnerabilities, oracle failures, market volatility, liquidation risks, and the risk of losing your funds due to borrower defaults or other protocol failures. All lending and borrowing activities, including interest rates and liquidation thresholds, are governed by the smart contracts of the relevant third party lending protocols, over which we have no control. While we may facilitate access to certain lending vaults, we provide no guarantee of returns, and you assume full responsibility for assessing and accepting all associated risks.

1.5 If you access a Third Party Service that enables you to obtain a digital asset that is not supported on the Coinbase Site in your country of residence, you will not be permitted to transfer such digital asset from your Smart Wallet to the hosted digital wallet associated with your Coinbase account.

1.6.  When you interact with any Third Party Service through the Decentralized Protocol Integrations, we may display on the Coinbase Site information about your onchain activities and transactions that is publicly available on the blockchain and/or provided by such Third Party Service.  You should assume that we have not verified the accuracy of any such information, and neither CBTL nor any other member of the Coinbase Group will be liable for any losses that you may incur as a result of relying on such information.

2.  Smart Wallets. 

2.1. In order to use a Decentralized Protocol Integration, you will need to set up a self-custodial crypto wallet (a “Smart Wallet”) that enables you to (i) store digital assets; (ii) access and interact with Third Party Services; (iii) broadcast transactions on digital asset networks, and (iv) use additional functionality as we may add from time to time. 

2.2.  Onchain Transactions.  Your Smart Wallet enables you to interact with Third Party Services by signing onchain transactions (each, an “Onchain Transaction”), including transactions that transfer digital assets between your Smart Wallet and other external wallets.  Onchain Transactions that you sign using your Smart Wallet cannot be reversed once they have been broadcast to the relevant digital asset network (although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators). Neither CBTL nor any other member of the Coinbase Group controls the digital asset network(s) on which the Third Party Services operate, and makes no guarantees that an Onchain Transaction will be confirmed by the relevant digital asset network(s).  Accordingly, Section 2.6 of the Coinbase User Agreement will be deemed to govern, mutatis mutandis, your use of any digital asset network in connection with an Onchain Transaction that you sign using your Smart Wallet.

2.3. Pending Transactions.  Once an Onchain Transaction is submitted to a digital asset network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to allow confirmation of the transaction by the digital asset network. An Onchain Transaction is not complete while it is in a pending state. Pending Onchain Transactions that are initiated from a Smart Wallet will reflect a pending transaction status and are not complete while the transaction is pending.  Neither CBTL nor any other member of the Coinbase Group is liable for any losses you may incur as a result of issues with the relevant digital asset network (e.g., network outages or excessive network congestion) that causes any Onchain Transaction initiated from your Smart Wallet to remain in a pending state for an extended duration.

2.4.  Ownership and Control. You own and control the digital assets in your Smart Wallet and bear all risks of loss. Neither CBTL nor any other member of the Coinbase Group is liable for any fluctuations or losses, including those from using Third Party Services.  At any time, subject to outages, downtime, and other applicable policies, you may transfer the digital assets you hold in your Smart Wallet to a different self-custodial wallet address.

2.5. Fees. You may incur charges from third parties for your use of any Third Party Services. For example, you may be charged fees by a decentralized exchange that you access via a Decentralized Protocol Integration. Unless otherwise stated, third-party fees are not charged by, nor paid to, CBTL or any other member of the Coinbase Group.  Any fee charged by us or another member of the Coinbase Group in connection with your use of a Decentralized Protocol Integration or your Smart Wallet will be designated as such, and presented before you submit your transaction.

2.6. Supported Assets. Neither CBTL nor any other member of the Coinbase Group assumes any responsibility in connection with any attempt to use your Smart Wallet to store, receive or otherwise transact with any digital asset that Coinbase does not support.  We may in our sole discretion terminate support on the Coinbase Site for viewing or interacting with any particular digital asset you have in your Smart Wallet.  As such, if you or a third party sends digital assets to your Smart Wallet from an external wallet, you understand and agree that you may not be able to access such digital assets through the Coinbase Site.  If you obtain in your Smart Wallet a digital asset for which we have terminated support, you may be required to either transfer such digital asset from your Smart Wallet to an external wallet address or eject your Smart Wallet in accordance with Section 2.4 above.  Services and supported assets may vary by jurisdiction.

2.7. Smart Wallet Recovery.  If you lose or delete the authentication key that you used to create and secure your Smart Wallet, we may provide you with the ability to add or replace your authentication key to control your Smart Wallet in order to regain access.  In order to do so, you will need to be logged into your Coinbase account. You may be required to initiate the recovery process from the Coinbase Site.  Your authentication key is stored directly on your device; Coinbase does not have access to your authentication key and cannot initiate the recovery process on your behalf.  Only someone with access to your Coinbase account can recover your authentication key.

3.  Access.  Your Smart Wallet and the Decentralized Protocol Integrations (together, the “CBTL Services”) can be accessed directly using the Coinbase Site. Access to CBTL Services may become degraded or unavailable, including during times of significant volatility or volume. This could result in significant support response time delays. Although we strive to provide you with excellent software service, we do not represent that the Coinbase Site or CBTL Services will be available without interruption and we do not guarantee that any transaction you attempt to complete using your Smart Wallet will be confirmed, executed, or remain open. Neither CBTL nor any other member of the Coinbase Group shall be liable for any losses resulting from or arising out of delays in processing transactions, inability to sign or execute transactions, or lack of timely response from customer support. For example, if you are locked out of your Coinbase account, it is possible that the value or price of the digital assets, including those held in your Smart Wallet, might go down before your access is restored. Neither CBTL nor any other member of the Coinbase Group shall be liable for any alleged losses that you suffer due to a drop in digital asset values or prices, including any losses resulting in or from the liquidation of your assets in connection with any Third Party Service in which you participate involving lending or borrowing.

4.  Privacy.  For more information regarding our collection, use, and disclosure of personal data and certain other data, please see the Coinbase Global Privacy Policy

5.  Indemnification.  To the fullest extent permitted by applicable laws, you will indemnify and hold the Coinbase Group harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the CBTL Services, (b) your violation of these Terms, or (c) your negligence or willful misconduct. If you are obligated to indemnify any member of the Coinbase Group hereunder, then you agree that CBTL (or, at its discretion, the applicable Coinbase Group member) will have the right, in its sole discretion, to control any action or proceeding and to determine whether CBTL wishes to settle, and if so, on what terms, and you agree to fully cooperate with CBTL in the defense or settlement of such claim.

6.  Warranty Disclaimer.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CBTL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CBTL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NO MEMBER OF THE COINBASE GROUP MAKES ANY REPRESENTATIONS OR WARRANTIES THAT (I) ACCESS TO THE CBTL SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, OR TIMELY; (II) THE CBTL SERVICES WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, INCLUDING ANY WALLETS; (III) THE CBTL SERVICES WILL BE SECURE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE; (IV) THE CBTL SERVICES WILL PREVENT ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA; OR (V) THE CBTL SERVICES WILL PROTECT YOUR ASSETS FROM THEFT, HACKING, CYBER ATTACK, OR OTHER FORM OF LOSS OR DEVALUATION CAUSED BY THIRD-PARTY CONDUCT.

7.  Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO MEMBER OF THE COINBASE GROUP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, INTELLECTUAL PROPERTY INFRINGEMENT,  OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE CBTL SERVICES , WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MEMBER OF THE COINBASE GROUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY MEMBER OF THE COINBASE GROUP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE CBTL SERVICES EXCEED THE AMOUNTS YOU HAVE PAID FOR USE OF THE CBTL SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS HIGHER.  

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CBTL AND YOU.

IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER APPLICABLE STATE LAWS, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

8.  Changes to Terms.  We reserve the right, in our sole discretion, to change these Terms at any time and your continued use of the CBTL Services after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you are not permitted to access, browse, or use (or continue to access, browse, or use) the CBTL Services.

9.  Notices.  Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be posted online, on the Coinbase Site, or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your use of the CBTL Services.

10.  Entire Agreement.  These Terms and any other documents incorporated by reference comprise the entire understanding and agreement between you and CBTL as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), between you and CBTL. Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.

11.  Assignment.  We reserve the right to assign our rights without restriction, including without limitation to any CBTL affiliates or subsidiaries, or to any successor in interest of any business associated with the CBTL Services. In the event that CBTL is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under these Terms. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.

12.  Severability.  If any provision of these Terms is determined to be invalid or unenforceable under any local, state or federal law, or any rule or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.

13.  Termination; Survival.  We may suspend or terminate your access to and use of the CBTL Services at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the CBTL Services, sections 4 through 17 of these Terms will survive.

14.  Governing Law.  You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any Dispute, except to the extent governed by federal law.

15.  Force Majeure.  We shall not be liable for delays, failure in performance or interruption of service that result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence that is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

16.  Non-Waiver of Rights.  These Terms shall not be construed to waive rights that cannot be waived under applicable laws, including applicable  state money transmission laws in the state where you are located. In addition, our failure to insist upon or enforce strict performance by you of any provision of these Terms or to exercise any right under these Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.

17.  Dispute Resolution, Arbitration Agreement, Class Action Waiver, And Jury Trial Waiver.  

17.1. Formal Complaint Process.  If you have a dispute with us, you agree to first contact Coinbase Support via our Customer Support page (https://help.coinbase.com). If Coinbase Support is unable to resolve your dispute, you agree to follow the formal complaint process described herein (the “Formal Complaint Process”). You begin this process by submitting our complaint form. If you would prefer to send a written complaint via mail, please include as much information as possible in describing your complaint, including your support ticket number, how you would like us to resolve the complaint, and any other relevant information to us at 82 Nassau St #61234, New York, NY 10038. The Formal Complaint Process is completed when CBTL responds to your complaint or 45 business days after the date we receive your complaint, whichever occurs first. You agree to complete the Formal Complaint Process before filing an arbitration demand or action in small claims court.

17.2 Disputes with Customers Who Reside in the United States or Canada. Class, Collective, Representative, and Mass Action Waiver and Jury Trial Waiver. If you live in the United States or Canada, You and CBTL agree that, except as specified in the Batch Arbitration Provision set forth in Appendix 1, each of us may bring claims against the other only on an individual basis and not on a class, representative, or collective basis or as part of a mass action (such as a mass arbitration), and the parties hereby waive all rights to bring or to participate in such actions in arbitration or in court to the maximum extent permitted by applicable law. This provision does not prevent you or CBTL from participating in a class-wide settlement of claims. YOU AND WE AGREE TO WAIVE OUR RIGHTS TO A JURY TRIAL. To the extent that any Dispute proceeds in court, and to the maximum extent permitted by applicable law, you and we agree to waive any right to a jury trial and have such matter resolved by a judge (also known as a bench trial).

17.3 Disputes with Customers Who Reside Outside the United States and Canada. If you do not reside in the United States or Canada, the Arbitration Agreement described in Appendix 1 does not apply to you and you may resolve any claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services in a court of competent jurisdiction.

18. General Terms

These Terms constitute the entire and exclusive understanding and agreement between CBTL and you regarding the Services, and any Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CBTL and you regarding the Services, and any Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the Arbitration Agreement or by a court of competent jurisdiction), then that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site or in the Base App, and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your use of the Services.

These Terms and any action related thereto will be governed by the laws of the state of California in the United States, without regard to California's conflict of laws provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CBTL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

19. Contact Information

If you have any questions about these Terms or the Services, please visit https://help.coinbase.com/en/contact-us.

APPENDIX 1 

Arbitration Agreement

Disputes Defined. "Disputes" are defined as any dispute, claim, or disagreement arising out of relating in any way to our relationship with you, the Services, the Site, any Communications you receive, any products or services sold or distributed through the Site, or these Terms. The term "Disputes" is intended to be interpreted broadly. The provisions below describe which Disputes belong in arbitration, small claims court, or a court of general jurisdiction.

Pre-Filing Formal Complaint Requirement. Before an arbitration demand or small claims action is filed, you and we agree to exhaust the Formal Complaint Process.

Arbitration Agreement. Except where prohibited by law, you and we agree to arbitrate all Disputes in binding arbitration except for the following types of Disputes:

  1. Disputes about whether the Dispute is arbitrable. You and we agree that any Disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including Disputes about the enforceability, revocability, scope, or validity of the Dispute Resolution section or any portion of the Dispute Resolution section (including the Arbitration Agreement) shall be resolved in a court of competent jurisdiction, not arbitration. This includes, but is not limited to, any dispute about whether the Batch Arbitration provision applies to the Dispute.

  2. Disputes that are within the jurisdiction of a small claims court. You and we agree that if a Dispute could be brought in a small claims court in the county or parish in which you reside, then it must be brought in that small claims court, not arbitration, provided that it remains in that court and is not removed or appealed to a court of general jurisdiction.

  3. Disagreements about whether a Dispute is within the jurisdiction of a small claims court. You and we agree that any disagreement about whether a Dispute is within the jurisdiction of a small claims court will be resolved by the small claims court in the first instance. Disagreements about whether a Dispute is within the jurisdiction of a small claims court may otherwise be resolved in a court of competent jurisdiction, but only after you or we have exhausted resolution from the small claims court.

  4. Disputes about or related to infringement or misuse of intellectual property ("IP") rights (e.g., trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You and we agree that you or Coinbase must resolve IP Disputes outside of arbitration (e.g., in a court of competent jurisdiction). This means, for example, if you have a Dispute that contains an IP cause of action, which is not arbitrable under this agreement, and other causes of action that are arbitrable, then the arbitrable causes of action must proceed in arbitration and the IP cause of action must proceed outside of arbitration consistent with these Terms. You and we agree that all IP Disputes shall not be stayed solely on the grounds that there exists a pending arbitration of arbitrable causes of action.

  5. Disputes about or related to infringement or misuse of intellectual property ("IP") rights (e.g., trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You and we agree that you or Coinbase must resolve IP Disputes outside of arbitration (e.g., in a court of competent jurisdiction). This means, for example, if you have a Dispute that contains an IP cause of action, which is not arbitrable under this agreement, and other causes of action that are arbitrable, then the arbitrable causes of action must proceed in arbitration and the IP cause of action must proceed outside of arbitration consistent with these Terms. You and we agree that all IP Disputes shall not be stayed solely on the grounds that there exists a pending arbitration of arbitrable causes of action.

Arbitration Procedure. You and we agree that arbitration under this Arbitration Agreement will, depending on the circumstance, be administered by the American Arbitration Association ("AAA") subject to the AAA's Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. If the AAA is unable or unwilling to administer the arbitration consistent with the Arbitration Agreement, or if the Dispute is part of a Batch Arbitration, you and we agree that JAMS will administer the arbitration subject to the JAMS Rules and Procedures then in effect, including any Mass Arbitration Procedures and Guidelines applicable to the Dispute, except as modified by this Arbitration Agreement. You and we agree that if JAMS is unable or unwilling to administer the arbitration consistent with the Arbitration Agreement, and the parties cannot agree on an alternative provider that will do so, then you or we may petition a court of competent jurisdiction to appoint an administrator that will do so. The AAA and JAMS rules are available at https://adr.org/Rules and https://www.jamsadr.com/adr-rules-procedures/. You and we agree that these Terms evidence a transaction involving interstate commerce and notwithstanding any other provision with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and federal arbitration law (not state arbitration law) will govern any proceedings regarding enforcement of this Arbitration Agreement. Any applicable limitations periods (including statutes of limitations) shall apply in arbitration like in court. You and we agree that an arbitral award shall have no preclusive effect in any other proceeding involving other Users. You and we (and your and our counsel, if represented) agree to work together in good faith to ensure that arbitration remains efficient and cost-effective for all parties. The arbitrator shall have the authority to award sanctions against parties and their counsel consistent with the standard set forth in Federal Rule of Civil Procedure 11.

Severability. You and we agree to sever arbitrable Disputes (which shall be resolved in arbitration) from Disputes that are not arbitrable (which shall be resolved in court); you and we also agree that if any provision of this Arbitration Agreement is found unenforceable, then that portion of the Arbitration Agreement shall be severed and the remainder of the Arbitration Agreement shall continue to control. Notwithstanding the foregoing, if the "Batch Arbitration" provision would otherwise apply to the Dispute, but a court of competent jurisdiction determines that the "Batch Arbitration" provision is unenforceable as to the Dispute or a portion of the Dispute (and all appeals have been exhausted or the ruling is otherwise final) or JAMS or a JAMS arbitrator refuses to apply all of the provisions of the Batch Arbitration provision as written, then the affected Dispute or portion of the Dispute cannot proceed in arbitration and may proceed in a court of competent jurisdiction consistent with the other provisions of these Terms unless the parties agree otherwise in writing.

Confidentiality. You and we agree that any information exchanged between us in an arbitration may be used solely for that arbitration. You and we agree that we may not, for example, use information you or we obtained from the other party in one arbitration proceeding in another arbitration proceeding. You and we also agree to keep any information exchanged between us in any arbitration proceeding confidential between us, you, your and our attorneys, and the arbitrator. To the extent additional persons require access to information exchanged for purposes of the arbitration, you and we agree to negotiate in good faith for the entry of a protective order that will impose similar confidentiality obligations.

Arbitrator Appointment. Any arbitrator appointed under the Arbitration Agreement will be selected by the parties from the AAA or JAMS's roster of arbitrators. If the matter is proceeding before JAMS, then you and we agree that the arbitrator shall be appointed in accordance with JAMS's strike and rank process set forth in Rule 15 of the Comprehensive Arbitration Rules & Procedures. If the matter is proceeding before AAA, you and we agree that the arbitrator will be appointed through a strike and rank process consistent with the approach taken by JAMS in Rule 15 of the Comprehensive Arbitration Rules & Procedures.

Attorneys' Fees and Costs. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Dispute was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Coinbase need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Formal Complaint Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.

Waiver of Class, Collective, Representative, Mass Actions, and Other Non-Individualized Relief. >Waiver of Class, Collective, Representative, Mass Actions, and Other Non-Individualized Relief. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COINBASE AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION PROVISION SET FORTH BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, LITIGATED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION (SUCH AS A MASS ARBITRATION) BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED, LITIGATED, OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this provision entitled "Waiver of Class, Collective, Representative, Mass Actions and Other Non-Individualized Relief," are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Coinbase agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in a court of competent jurisdiction consistent with the other terms of these Terms. This provision does not prevent you or Coinbase from participating in a class-wide settlement of claims.

Batch Arbitration. You and we agree to abide by this Batch Arbitration provision in the event that: (a) there are twenty-five (25) or more individual arbitration demands of substantially similar nature filed by us against you and other customers or by you and others against us and (b) such arbitration demands are filed with the assistance of the same law firm, group of law firms, or organizations. You and we agree that arbitration demands will not be deemed "substantially similar" if they involve claims seeking relief in connection with alleged losses of assets arising from different facts and circumstances. Arbitration demands that trigger the application of this Batch Arbitration provision can be administered in arbitration only pursuant to the provisions of this Batch Arbitration Provision. See Severability, above.

  1. If this Batch Arbitration provision is triggered, then JAMS shall:

    1. administer the arbitration demands in batches;

    2. appoint a single, different arbitrator for each batch unless the parties agree otherwise; and

    3. provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one in-person or video hearing (if any) in a format to be determined by the arbitrator that shall be convenient for the parties. You and we agree that if the Dispute is subject to this Batch Arbitration process, you will personally appear at any hearing (with counsel, if you are represented).

  2. The number of batches will depend on the number of arbitration demands that were filed. The batching methodology is set forth below:

    1. If there are more than 25 but fewer than 2,000 arbitrations, then there will be 20 batches.

    2. If there are 2,000 or more arbitrations, then they will be batched into batches of 100 arbitrations per batch.

    3. In deciding which arbitration demands will go in which batch, JAMS shall make the batches as equal as possible in terms of cumulative amount demanded and number of arbitration demands.

  3. You and CBTL (and your and our counsel, if represented) agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for each Batch, as well as any steps to minimize the burdens and costs of arbitration. You and CBTL (and your and our counsel, if represented) agree to work together in good faith throughout the Batch Arbitration process to streamline procedures, modify the number of arbitrations to proceed per batch as appropriate, increase efficiencies, and seek to resolve Disputes.

  4. You and we agree that arbitrations administered pursuant to this Batch Arbitration provision may be administered concurrently to the extent administratively feasible.

  5. Arbitrators appointed pursuant to this Batch Arbitration provision shall issue separate awards for each CBTL User involved in a batched proceeding.

  6. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

Modification. If we make any updates to the Arbitration Agreement, we will make the updated terms available to you by publishing them on the Site. Your continued use of the Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes.

Severability. If any provision of this Arbitration Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Arbitration Agreement shall not be affected.