Last modified: September 9th, 2022

BocasDAO exists to build and operate a boutique hotel in Bocas del Toro with a strong focus towards the crypto community. These Terms of Use (“Terms”) apply to your purchase, sale and display of BocasDAO non-fungible tokens (“NFTs”): The “Passport Refugio”, “Passport Carenero”, “Passport Bocas” and “Passport Panamá”. Some purchases of NFTs may include special experience opportunities. Please view the contract regarding such experiences for each NFT tier. To the extent there is a conflict between these Terms and the Experience Contract, these Terms control. These Terms are entered into between you and BocasDAO (“Company,” “we,” or “us”). These Terms expressly incorporate any other documents referenced herein (such as our Privacy Policy) and govern your access to and use of this site https://bocasdao.finance (the “Site”), as well as all content, functionality, and services offered on or through the Site, including the NFTs. Reviewing and Accepting These Terms Please read these Terms carefully, as they set out your rights and responsibilities when you use this Site to buy BocasDAO NFTs (the “Services”). When each NFT is sold for the first time, the agreement for sale is between the Company and the NFT holder. All NFTs are stored on and accessible through the Ethereum blockchain. As such, the Company does not maintain the NFTs on this Site and, aside from transferring control of the NFT to the initial purchaser of the NFT, the Company has no control over the transfer, storage, ownership, or maintenance of the BocasDAO NFT. When you connect your cryptocurrency wallet to the Site using a trusted service provide such as MetaMask, you accept and agree to be bound and abide by these Terms and all the terms incorporated herein by reference. By agreeing to these Terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms, you must not access or use the Site. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action. We reserve the right to change or modify these Terms at any time and in our sole discretion. You agree and understand that by accessing or using the Site following any change to these Terms, you are agreeing to the revised Terms and all the terms incorporated therein by reference. Review the Terms each time you access the Site to ensure that you understand how the Terms apply to your activities on the Site. Linking Your Cryptocurrency Wallet When you link your cryptocurrency wallet, you understand and agree that you are solely responsible for maintaining the security of your wallet and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of NFTs and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). We are not responsible for managing and maintaining the security of your cryptocurrency wallet nor for any unauthorized access to or use of your cryptocurrency wallet. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to this Site, please notify us immediately. Ownership Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, our logos, and all designs, text, graphics, information, data, other files, and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of BocasDAO or our affiliates, licensors, or users, as applicable. The BocasDAO logo and any BocasDAO product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of BocasDAO or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any Site Content or link to the Site without our prior written permission. You may not use framing techniques to enclose any Site Content without our express written consent. In addition, the look and feel of the Site Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of BocasDAO and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Terms of Sale The purchase of each NFT is a transaction in goods and not a promise to provide, or a guarantee of receipt of, future services from BocasDAO, although BocasDAO will make reasonable efforts to ensure that a DAO comes into existence which allows you to unlock expanded functionality associated with the Passport NFTs. By purchasing NFTs on the Site, you agree that you are submitting a binding order to purchase a BocasDAO NFT. You also acknowledge and agree that the Company receives 10% of every subsequent sale of a BocasDAO NFT (“Royalty”). Notwithstanding the foregoing, the Company has committed to reinvest 100% of all Royalties Company receives annually as agreed on by the DAO. As such, if you sell a BocasDAO NFT on a third-party NFT marketplace, you agree to include a statement substantially like the following in the description of the NFT: “5% Royalty Applies. See BocasDAO Terms for details.” In addition, when you buy NFT on this Site, you agree to pay all applicable fees associated with the transaction and you authorize the Company to automatically charge and collect such fees from your payment. We will always display a breakdown of any transaction or other fees prior to your purchase or sale of a NFT. All purchases of any BocasDAO NFT are final and nonrefundable. Risks You understand and agree that the sale of Passport NFTs grants you no rights and carries with it no guarantee of future performance of any kind by BocasDAO. BocasDAO may in future offer holders of Passport NFTs the opportunity to participate in massively open online governance via DAO. You agree that the functionality of any DAO established by BocasDAO will be determined by BocasDAO in its sole and absolute discretion. You understand that the development of BocasDAO’s business is a significantly risky venture, and you acknowledge and assume the risk that BocasDAO may not be able to complete, substantially or in part, the construction of “El Refugio Beach Bungalows, Bocas del Toro” or any other aspect of its operations. Please note the following risks in purchasing or NFTs: The price and liquidity of blockchain assets, including BocasDAO NFTs, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect BocasDAO NFTs, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs. BocasDAO NFTs are not legal tender and are not backed by any government. Transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. The value of BocasDAO NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for BocasDAO NFTs. You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding BocasDAO NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs. You agree and understand that you access and use this Site at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using BocasDAO NFTs, however caused. Disclaimers EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BOCASDAO, THE SITE AND ANY SITE CONTENT CONTAINED THEREIN, AND ANY AND ALL BOCASDAO NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. BOCASDAO (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE. BOCASDAO DOES NOT REPRESENT OR WARRANT THAT SITE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, ANY BOCASDAO NFTS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF BOCASDAO NFTS INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR BOCASDAO NFTS. BOCASDAO NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT BOCASDAO CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY BOCASDAO NFT. We are not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the BocasDAO NFTs. BocasDAO is not responsible for casualties due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs including forks, technical node issues or any other issues having fund losses as a result. Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BOCASDAO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, SITE CONTENT, THE SERVICES OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF BOCASDAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, SITE CONTENT, THE SERVICES OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. Governing Law The sale of the BocasDAO NFTs is governed by, and these Terms of Sale will be construed in accordance with, Panamanian law, without regard to conflict of laws principles. All disputes with BocasDAO by you or your successors or assigns directly or indirectly arising under or in relation to these Terms of Sale or the NFTS shall be brought and resolved solely and exclusively in final and binding arbitration in Panama City, Panama. Entire Agreement These Terms comprise the entire agreement between you and us relating to your access to and use of the Site, Site Content and any BocasDAO NFTs you have purchased, and supersede any and all prior discussions agreements, and understandings of any kind. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. If you have any questions please contact BocasDAO at contact@bocasdao.finance