Terms of Use - Global
Last updated
Last updated
The applicable Terms of Use are determined by your location, identified through your IP address in accordance with applicable data protection laws. These Terms of Use apply to all users accessing EVEDEX, except those residing in countries within the European Union. For more information about how we process your personal data, please refer to our
WE ARE NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION AS A NATIONAL SECURITIES EXCHANGE OR IN ANY OTHER CAPACITY.
YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT BROKER TRADING ORDERS ON YOUR BEHALF. WE ALSO DO NOT FACILITATE THE EXECUTION OR SETTLEMENT OF YOUR TRADES, WHICH OCCUR ENTIRELY ON PUBLIC DISTRIBUTED BLOCKCHAINS LIKE ETHEREUM. AS A RESULT, WE DO NOT (AND CANNOT) GUARANTEE MARKET BEST PRICING OR BEST EXECUTION THROUGH OUR SERVICES OR WHEN USING OUR AUTO ROUTING FEATURE, WHICH ROUTES TRADES ACROSS LIQUIDITY POOLS ON THE DEX ONLY. ANY REFERENCES IN A PRODUCT TO "BEST PRICE" DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY ABOUT PRICING AVAILABLE THROUGH SUCH PRODUCT, ON THE DEX, OR ELSEWHERE.
General
These terms of use, together with any documents and additional terms they expressly incorporate by reference, which includes any other terms and conditions or other agreement that EVEDEX Ltd. and its affiliates (“EVEDEX”, “we,” “us” and “our”) posts publicly or makes available to you or the company or other legal entity you represent (“you” or “your”) (collectively, the “Terms”), are entered into between EVEDEX (and its affiliates, if applicable) and you concerning your use of, and access to:
EVEDEX websites, including evedex.com (and their respective subdomains); mobile applications; and all associated sites linked thereto (collectively, the “Site”);
all services available via the Site, including the Interface (as defined below); and
affiliate program.
(collectively the “Services”).
Please read these Terms carefully, as these Terms govern your use of the Services. These Terms expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Services. By clicking “I agree” (or a similar language) to these Terms, acknowledging these Terms by other means, or otherwise accessing or using the Services, you accept and agree to be bound by and to comply with these Terms. If you do not agree to these Terms, then you must not access or use the Services.
Eligibility
To access or use any of our services, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., 18 years old) and have the full right, power, and authority to enter into and comply with the Terms on behalf of yourself and any legal entity for which you may access or use the Services. If you are entering into the Term on behalf of an entity, you represent to us that you have the legal authority to bind such entity.
You further represent that (a) you are not a resident of the U.S., (b) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, European Union and United Kingdom) or (c) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States.
We make no representations or warranties that the information, products, or services provided through our Services, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Interface in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Interface to any person, geographic area, or jurisdiction, at any time and at our sole and absolute discretion.
Finally, you represent that your access and use of any of our services will fully comply with all applicable laws and regulations, and that you will not access or use any of our services to conduct, promote, or otherwise facilitate any illegal activity.
NOTICE: These Terms contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. Our services are only available to you — and you should only access any of our services — if you agree completely with these terms.
Our services: The Interface
The interface provides a web or mobile-based means of access to a decentralized protocol on various public blockchains (the “Interface”), that allows users to trade certain compatible digital assets (the "DEX").
The Interface is distinct from the DEX and is one, but not the exclusive, means of accessing the DEX.
EVEDEX does not control or operate any version of the DEX on any blockchain network. By using the Interface, you understand that you are not buying or selling digital assets from us and that we do not operate any liquidity pools on the DEX or control trade execution on the DEX. We only provide you with access to the Interface and neither have control over your interactions with the blockchain nor encourage you to perform any. Any interaction performed by you via the Interface remains your sole responsibility.
When traders pay fees for trades, those fees accrue to liquidity providers for the DEX. As a general matter, EVEDEX is not a liquidity provider into DEX liquidity pools and liquidity providers are independent third parties.
To access the Interface, you must use a non-custodial wallet software, which allows you to interact with public blockchains. Your relationship with that non-custodial wallet provider is governed by the applicable terms of service.
We do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. By connecting your wallet to our Interface, you agree to be bound by these Terms and all of the terms incorporated herein by reference.
Affiliate Program
The affiliate program is provided under our Affiliate Agreement, which is deemed included to these Terms by reference.
Third Party Services and Content
Our services may include integrations, links or other access to third party services, sites, technology, content and resources (each a “Third-Party Service”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party. You, and not EVEDEX, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Exedex enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using our services are between you and the third party. EVEDEX will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within our services, please see our Privacy Policy. EVEDEX has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services.
Your Responsibilities
By using or accessing the Interface, you represent and warrant that you understand that there are inherent risks associated with virtual currency, and the underlying technologies including, without limitation, cryptography and blockchain, and you agree that EVEDEX is not responsible for any losses or damages associated with these risks. You specifically acknowledge and agree that the Interface facilitates your interaction with decentralized networks and technology and, as such, we have no control over any blockchain or virtual currencies and cannot and do not ensure that any of your interactions will be confirmed on the relevant blockchain and do not have the ability to effectuate any cancellation or modification requests regarding any of your interactions.
You agree and understand that: (a) all trades you submit through any of our Services are considered unsolicited, which means that they are solely initiated by you; (b) you have not received any investment advice from us in connection with any trades; and (c) we do not conduct a suitability review of any trades you submit.
Without limiting the foregoing, you specifically understand and hereby represent your acknowledgement of the following:
The pricing information data provided through the Interface does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with the Interface;
The Interface does not act as an agent for any of the users;
The Interface does not own or control any of the underlying software through which blockchain networks are formed, and therefore is not responsible for them and their operation;
Although it is intended to provide accurate and timely information on the Interface, the Interface may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Interface or relevant tools are your sole responsibility.
Prohibited Activity
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:
Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law;
Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks;
Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as "rug pulls", pumping and dumping, and wash trading;
Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives, including, but not limited to, the unregistered offering of securities and the offering of leveraged and margined commodity products to retail customers in the United States;
Sale of Stolen Property. Buying, selling, or transferring of stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
Data Mining or Scraping. Activity that involves data mining, robots, scraping, or similar data gathering or extraction methods of content or information from any of our services;
Objectionable Content. Activity that involves soliciting information from anyone under the age of 18 or that is otherwise harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable;
Any Other Unlawful Conduct. Activity that violates any applicable law, rule, or regulation of the United States or another relevant jurisdiction, including, but not limited to, anti-money laundering and anti-terrorist financing laws, the restrictions and regulatory requirements imposed by U.S. law;
Breach of the Terms;
Circumvention of any content-filtering techniques, security measures or access controls on the Site, including through the use of a VPN;
Use of any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services, to extract data, or to introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site or the Services;
Provision of false, inaccurate, or misleading information while using the Services;
Use or access of the Services to transmit or exchange digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion;
Use of the Services from a jurisdiction (including an IP address in a jurisdiction) that we have, in our sole discretion, determined is a jurisdiction where the use of the Site, the Interface or the Services is prohibited;
Attempt to engage in any of the activities prohibited under this Section or any other provision of these Terms.
Non-Custodial and No Fiduciary Duties The Interface is a purely non-custodial application, meaning we do not ever have custody, possession, or control of your digital assets at any time. It further means you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold and you should never share your wallet credentials or seed phrase with anyone. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how any of our services will operate with any specific wallet. Likewise, you are solely responsible for any associated wallet and we are not liable for any acts or omissions by you in connection with or as a result of your wallet being compromised.
These Terms are not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
Compliance and Tax Obligations One or more of our services may not be available or appropriate for use in your jurisdiction. By accessing or using any of our services, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you.
Specifically, your use of our services or the DEX may result in various tax consequences, such as income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions.
It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority.
Gas Fees Blockchain transactions require the payment of transaction fees to the appropriate network ("Gas Fees"). Except as otherwise expressly set forth in the terms by EVEDEX, you will be solely responsible to pay the Gas Fees for any transaction that you initiate via any of our services.
Modifications of these Terms or our Services Modifications of these Terms We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make any material modifications, we will notify you by updating the date at the top of these Terms and by maintaining a current version of these Terms at https://www.evedex.com/. All modifications will be effective when they are posted, and your continued accessing or using any of the services will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to these Terms you must immediately stop accessing and using all of our services.
Modifications of our Services We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate or add to any of the Services; (b) to review, modify, filter, disable, delete and remove any and all content and information from any of the Services.
Intellectual Property Rights
IP Rights Generally We own all intellectual property and other rights in each of our Services and its respective contents, including, but not limited to, software, databases, text, images, trademarks, service marks, copyrights, patents, designs, and any other intellectual property. Subject to the terms of these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use our Services solely in accordance with these Terms. You agree that you will not use, modify, distribute, tamper with, reverse engineer, disassemble or decompile any of our intellectual property for any purpose other than as expressly permitted under these Terms. Except as set forth under these Terms, we grant you no rights to any of our Services, including any intellectual property rights.
By using any of our Services, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, including bug reports, feedback, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you post on or through any of our Services for our current and future business purposes, including to provide, promote, and improve the Services. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon any suggestions or feedback for any purpose.
Third-Party Resources and Promotions
Our services may contain references or links to third-party resources, including, but not limited to, information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of our services. We do not approve, monitor, endorse, warrant or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that these Terms do not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotion.
Additional Rights
We reserve the right to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.
We may introduce verification process, if this is required by applicable laws and regulations in respective jurisdiction.
We may use publicly available information, as well as Third-Party Services, to assess the risks associated with illicit or non-compliant activities, phishing, or other potential threats.
DISCLAIMERS ASSUMPTION OF RISK GENERALLY BY ACCESSING AND USING ANY OF OUR SERVICES, YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS ETHER (ETH), SO-CALLED STABLECOINS, AND OTHER DIGITAL TOKENS SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD (ERC-20).
IN PARTICULAR, YOU UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE NASCENT AND HIGHLY VOLATILE DUE TO RISK FACTORS INCLUDING, BUT NOT LIMITED TO, ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT THE RISK THAT YOU MAY MISTAKENLY TRADE THOSE OR OTHER TOKENS. SO-CALLED STABLECOINS MAY NOT BE AS STABLE AS THEY PURPORT TO BE, MAY NOT BE FULLY OR ADEQUATELY COLLATERALIZED, AND MAY BE SUBJECT TO PANICS AND RUNS.
FURTHER, YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS SUCH AS ETHEREUM ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK OF SELECTING TO TRADE IN EXPERT MODES, WHICH CAN EXPOSE YOU TO POTENTIALLY SIGNIFICANT PRICE SLIPPAGE AND HIGHER COSTS.
IF YOU ACT AS A LIQUIDITY PROVIDER TO THE DEX THROUGH THE INTERFACE, YOU UNDERSTAND THAT YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE WHILE THEY ARE SUPPLIED TO THE DEX THROUGH THE INTERFACE DUE TO THE FLUCTUATION OF PRICES OF TOKENS IN A TRADING PAIR OR LIQUIDITY POOL.
FINALLY, YOU UNDERSTAND THAT WE DO NOT CREATE, OWN, OR OPERATE CROSS-CHAIN BRIDGES AND WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SAFETY OR SOUNDNESS OF ANY CROSS-CHAIN BRIDGE, INCLUDING ITS USE FOR DEX GOVERNANCE.
IN SUMMARY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS, DO NOT OWN OR CONTROL THE DEX, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING ANY OF OUR SERVICES. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE INTERFACE TO INTERACT WITH THE DEX.
ASSUMPTION OF RISK SPECIFICALLY
OUR SERVICES INTEGRATE ACCESS TO THIRD-PARTY TOOLS THAT PROVIDE ACCESS TO TRADING DIGITAL ASSETS, WHICH INVOLVES RISKS, INCLUDING:
TRANSACTION CONFIRMATION DELAYS: WITHDRAWALS DEPEND ON BLOCKCHAIN CONFIRMATION, WHICH IS BEYOND EVEDEX'S CONTROL. YOU ACKNOWLEDGE AND ACCEPT DELAYS CAUSED BY NETWORK CONDITIONS.
TRADING FEES: EACH TRADE INCURS A FEE, WHICH MAY BE SUBSTANTIAL FOR MICRO-TRADING. MINIMUM POSITION LIMITS APPLY, PREVENTING TRADES BELOW SET THRESHOLDS.
LOSS OF WALLET ACCESS: YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING WALLET SEED PHRASES AND ACCOUNT CREDENTIALS. EVEDEX DOES NOT COMPENSATE FOR LOST FUNDS DUE TO USER NEGLIGENCE.
COPY TRADING RISKS: EVEDEX DOES NOT GUARANTEE PROFITS OR PREVENT MANIPULATIVE STRATEGIES BY COPY TRADERS. YOU ASSUME FULL RESPONSIBILITY FOR THEIR DECISIONS TO FOLLOW SPECIFIC STRATEGIES.
THE INHERENT RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS AND BLOCKCHAIN-BASED NETWORK, DIGITAL ASSETS, AND SYSTEMS THAT INTERACT WITH BLOCKCHAIN-BASED NETWORKS.
THE SERVICES AND YOUR DIGITAL ASSETS COULD BE IMPACTED BY ONE OR MORE REGULATORY INQUIRIES OR REGULATORY ACTIONS, WHICH COULD IMPEDE OR LIMIT THE ABILITY OF EVEDEX TO CONTINUE TO PROVIDE SERVICES OR LIMIT YOUR ABILITY TO ACCESS OR USE THE SERVICES.
CRYPTOGRAPHY IS A PROGRESSING FIELD WITH ADVANCES IN CODE CRACKING OR OTHER TECHNICAL ADVANCEMENTS, SUCH AS THE DEVELOPMENT OF QUANTUM COMPUTERS, WHICH MAY PRESENT RISKS TO DIGITAL ASSETS AND THE SERVICES, AND COULD RESULT IN THE THEFT OR LOSS OF YOUR DIGITAL ASSETS.
NO WARRANTIES EACH OF OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF EACH OF OUR SERVICES IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ANY OF OUR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN ANY OF OUR SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT ANY OF OUR SERVICES WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS. NO ADVICE, INFORMATION, OR STATEMENT THAT WE MAKE SHOULD BE TREATED AS CREATING ANY WARRANTY CONCERNING ANY OF OUR SERVICES. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR SERVICES.
SIMILARLY, THE DEX IS PROVIDED "AS IS", AT YOUR OWN RISK, AND WITHOUT WARRANTIES OF ANY KIND. ALTHOUGH WE CONTRIBUTED TO THE INITIAL CODE FOR THE DEX, WE DO NOT PROVIDE, OWN, OR CONTROL THE DEX, WHICH IS RUN AUTONOMOUSLY WITHOUT ANY HEADCOUNT BY SMART CONTRACTS DEPLOYED ON VARIOUS BLOCKCHAINS. UPGRADES AND MODIFICATIONS TO THE DEX ARE GENERALLY MANAGED IN A COMMUNITY-DRIVEN WAY BY HOLDERS OF THE GOVERNANCE TOKEN. NO DEVELOPER OR ENTITY INVOLVED IN CREATING THE DEX WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER ASSOCIATED WITH YOUR USE, INABILITY TO USE, OR YOUR INTERACTION WITH OTHER USERS OF, THE DEX, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, CRYPTOCURRENCIES, TOKENS, OR ANYTHING ELSE OF VALUE. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING ANY OF OUR SERVICES.
ANY PAYMENTS OR FINANCIAL TRANSACTIONS THAT YOU ENGAGE IN WILL BE PROCESSED VIA AUTOMATED SMART CONTRACTS. ONCE EXECUTED, WE HAVE NO CONTROL OVER THESE PAYMENTS OR TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY PAYMENTS OR TRANSACTIONS.
NO INVESTMENT ADVICE WE MAY PROVIDE INFORMATION ABOUT TOKENS OR ASSETS IN OUR SERVICES SOURCED FROM THIRD-PARTY DATA PARTNERS THROUGH FEATURES SUCH AS RARITY SCORES, TOKEN EXPLORER OR TOKEN LISTS. THE PROVISION OF INFORMATIONAL MATERIALS DOES NOT MAKE TRADES SOLICITED; WE ARE NOT ATTEMPTING TO INDUCE YOU TO MAKE ANY PURCHASE AS A RESULT OF INFORMATION PROVIDED. ALL SUCH INFORMATION PROVIDED BY ANY OF OUR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION THAT A PARTICULAR TOKEN IS A SAFE OR SOUND INVESTMENT. YOU SHOULD NOT TAKE, OR REFRAIN FROM TAKING, ANY ACTION BASED ON ANY INFORMATION CONTAINED IN ANY OF OUR SERVICES. BY PROVIDING INFORMATION FOR YOUR CONVENIENCE, WE DO NOT MAKE ANY INVESTMENT RECOMMENDATIONS TO YOU OR OPINE ON THE MERITS OF ANY TRANSACTION OR OPPORTUNITY. YOU ALONE ARE RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY OR RELATED TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE.
Limitation of Liability UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF EVEDEX PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE SERVICES, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF ANY OF THE SERVICES OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF ANY OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF EVEDEX HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS OR USE OF THE INTERFACE; (C) UNAUTHORIZED ACCESS OR USE OF ANY SECURE SERVER OR DATABASE IN OUR CONTROL, OR THE USE OF ANY INFORMATION OR DATA STORED THEREIN; (D) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO ANY OF THE SERVICES; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE; (F) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH ANY OF THE SERVICES; AND (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WE HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF ANY PAYMENTS OR TRANSACTIONS THAT YOU ENGAGE IN VIA ANY OF OUR SERVICES, OR ANY OTHER PAYMENT OR TRANSACTIONS THAT YOU CONDUCT VIA ANY OF OUR SERVICES. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, WE DO NOT PROVIDE REFUNDS FOR ANY PURCHASES THAT YOU MIGHT MAKE ON OR THROUGH ANY OF OUR SERVICES.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY, THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD-PARTY SERVICES, THIRD-PARTY WEBSITES, APPLICATIONS, OR RESOURCES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH ANY OF OUR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Indemnification
You agree to hold harmless, release, defend, and indemnify EVEDEX, our affiliates and our and our affiliates' respective officers, directors, employees, contractors, agents, service providers, licensors, and representatives (collectively, the "EVEDEX Parties") from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or relating to:
a) your access and use of any of our Services;
b) your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation;
c) any other party's access and use of any of our Services with your assistance or using any device or account that you own or control; and
d) any dispute between you and
i. any other user of any of the Services; or
ii. any of your own customers or users. We will provide notice to you of any such claim, suit, or proceeding.
We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against any EVEDEX Party without our written consent.
Governing Law
You agree that the English laws, without regard to principles of conflict of laws, govern these Terms and any Dispute between you and us.
You further agree that although services may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the UK.
Dispute Resolution We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to legal@evedex.com so that we can attempt to resolve it without resorting to formal dispute resolution. If we are not able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the Mandatory Arbitration and Class Action Waiver Agreement.
Mandatory arbitration and class action waiver agreement
Any dispute arising out of or in connection with the Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
You understand that you are required to resolve all disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to LCIA rules. The arbitration will be held in London, unless you and we both agree to hold it elsewhere.
Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If for any reason a claim by law or equity must proceed in court rather than in arbitration you agree to waive any right to a jury trial and any claim may be brought only in a court of England located in London.
Class Action Waiver
You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration.
Entire Agreement These terms constitute the entire agreement between you and us with respect to the subject matter hereof. these Terms supersede any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the Terms.
Assignment
You may not assign or transfer agreement between us, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer the agreement without our prior written consent shall be null and void. We may freely assign or transfer these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notice
We may provide any notice to you under these Terms using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting.
Severability If any provision of these Terms 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 these Terms shall not be affected.