adding the terms and conditions link
This commit is contained in:
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src/app/terms/page.tsx
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src/app/terms/page.tsx
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import TosCard from '@/components/tos-card';
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export default function TermsPage() {
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return <TosCard />;
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}
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@@ -102,7 +102,14 @@ export function Providers({ children }: { children: React.ReactNode }) {
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{children}
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{children}
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</main>
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</main>
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<footer className="py-4 text-center text-sm text-muted-foreground border-t">
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<footer className="py-4 text-center text-sm text-muted-foreground border-t">
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<div className="mb-2">
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©{new Date().getFullYear()} Dexorder Trading Services, Ltd. (BVI)
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©{new Date().getFullYear()} Dexorder Trading Services, Ltd. (BVI)
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</div>
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<div>
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<a href="/terms" className="hover:text-foreground underline transition-colors">
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Terms of Service
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</a>
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</div>
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</footer>
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</footer>
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</div>
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</div>
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</ToastProvider>
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</ToastProvider>
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src/components/tos-card.tsx
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src/components/tos-card.tsx
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import React from 'react';
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export default function TosCard() {
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return (
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<div className="max-w-5xl mx-auto p-5">
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<div className="bg-card rounded-lg shadow-md p-6 border">
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<h1 className="text-2xl font-semibold text-center mb-4">Dexorder Terms of Service</h1>
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{/* MAKE SURE TO UPDATE THE VERSION VARIABLE AS WELL */}
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<p className="text-center mb-4">Last Updated November 18, 2024</p>
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<div className="mb-4 leading-relaxed">
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Please read these Terms of Service (the "<b>Terms</b>") and our{' '}
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<a href="https://dexorder.com/privacy-policy" target="dexorder">
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Privacy Policy
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</a>{' '}
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carefully because they govern your use of the website (and all subdomains and subpages
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thereon) located at dexorder.com, including without limitation the subdomains
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app.dexorder.com and www.dexorder.com (collectively, the "<b>Site</b>"), and the Dexorder
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web application graphical user interface and any other services accessible via the Site
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(together with the Site, web application, and other services, collectively, the "
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<b>Dexorder Service</b>") offered by Dexorder Trading Services Ltd. ("<b>Dexorder</b>," "
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<b>we</b>," "<b>our</b>," or "<b>us</b>").
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</div>
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<div className="mb-4 leading-relaxed">
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<b>
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BY USING THE DEXORDER SERVICE, YOU REPRESENT THAT (I) YOU ARE NOT LOCATED WITHIN THE
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UNITED STATES; AND (II) YOU ARE NOT A PERSON OR ENTITY WHO IS RESIDENT IN, A CITIZEN OF,
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IS LOCATED IN, IS INCORPORATED IN, OR HAS A REGISTERED OFFICE IN ANY RESTRICTED
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TERRITORY, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM WITHIN THE UNITED STATES OR
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A RESTRICTED TERRITORY, IS REFERRED TO HEREIN AS A "RESTRICTED PERSON").
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</b>
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</div>
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<div className="mb-4 leading-relaxed">
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WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY
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DISPUTE BETWEEN YOU AND DEXORDER THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN
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COURT. PLEASE REVIEW CAREFULLY SECTION 16 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING
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ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW
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PROHIBITS ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 16 WILL NOT APPLY
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TO YOU, BUT THE PROVISIONS OF SECTION 15 (GOVERNING LAW) WILL APPLY INSTEAD.
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</div>
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<h2 className="text-xl font-semibold mt-6 mb-4">1. Description of Dexorder Service</h2>
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<div className="mb-4 leading-relaxed">
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(a) The Dexorder Service allows you to access an online web application graphical user
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interface (the "<b>App</b>") which enables you to interact with a protocol consisting of a
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set of smart contracts (the "<b>Smart Contracts</b>") and to create and interact with a
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user controlled smart contract involving digital assets over which only you have upgrade
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authority (a "<b>Vault</b>" and together with the Smart Contracts, the "<b>Protocol</b>").
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You may use your Vault to send signals to, interact with, and initiate actions on third
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party smart contract blockchain protocols ("<b>Interactions</b>") operating on
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decentralized exchanges (e.g., Uniswap) ("<b>DEXs</b>"). Certain Interactions may require
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threshold parameters to be met and that a third party transmit an oracle related activation
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signal (the "<b>Activation Signal</b>") to the Vault in order to effectuate your commands
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(such party being an "<b>Oracle</b>"). Dexorder may in the ordinary course of events be an
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Oracle ("<b>Dexorder Oracle</b>"), but bears no obligation nor promise to do so on an
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ongoing basis, and you may send such Activation Signal yourself or utilize a third-party
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Oracle to do so. Further, Dexorder is not and does not offer a digital wallet, and has no
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custody or control over your digital wallet, which is never accessible by Dexorder, and only
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users, and not Dexorder, may provide or withdraw tokens to be held by Vault. From time to
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time, the Services may include making recommendations with respect to technical changes that
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only you may accept and implement.
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</div>
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<div className="mb-4 leading-relaxed">
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(b) <b>Interface</b>. The Dexorder Service provides you with access to the Protocol, which
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is a user controlled, non-custodial protocol, upgradeable only by your actions and consent,
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deployed on the blockchains indicated on our Site, and provides information and interaction
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capabilities with other blockchain related service providers. All information provided in
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connection with your access and use of the Dexorder Service is for informational purposes
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only. You should not take, or refrain from taking, any action based on any information
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contained on the Dexorder Service or any other information that we make available at any
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time, including blog posts, data, articles, links to third-party content, Discord content,
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news feeds, tutorials, tweets, and videos. Before you make any financial, legal, technical,
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or other decisions involving the Dexorder Service, you should seek independent professional
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advice from a licensed and qualified individual in the area for which such advice would be
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appropriate. Because the Dexorder Service provides information about the Protocol, these
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Terms also provide some information about the use of the Protocol. This information is not
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intended to be comprehensive or address all aspects of the Protocol.
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</div>
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<div className="mb-4 leading-relaxed">
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(c) <b>Our Relationship</b>. You acknowledge and agree that Dexorder is an online platform
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provider and not a financial institution, broker dealer, exchange or money services
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business. Dexorder does not direct or control the day-to-day activities of users accessing
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the Dexorder Service. Neither we nor any affiliated entity is a party to any transaction on
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the blockchain network underlying the Protocol; we do not have possession, custody or
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control over any cryptoassets appearing on the Dexorder Service or on the Protocol; and we
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do not have possession, custody, or control over any user's funds or cryptoassets. Further,
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we do not store, send, or receive any funds or cryptoassets on your behalf. You understand
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that when you interact with any Protocol smart contracts, you retain control over your
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cryptoassets at all times. You are solely responsible for evaluating any proposed technical
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changes and how such changes may alter current or future Interactions. Furthermore, you
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understand and acknowledge that only you have absolute and ultimate authority over the
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implementation of any such changes and the responsibility therefor. The private key
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associated with your Vault is the only private key that can control the cryptoassets in the
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Vault. You alone are responsible for securing your private keys. We do not have access to
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your private keys. Because the Protocol is non-custodial, we are not intermediaries, agents,
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advisors, or custodians, and we do not have a fiduciary relationship or obligation to you
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regarding any other decisions or activities that you affect when using the Dexorder Service
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or interacting with the Protocol. You acknowledge that we, for the avoidance of doubt, do
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not have any information regarding any users, users' identities, or services beyond what is
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available, obtainable publicly via the blockchain, or shared by you when you access the
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Dexorder Service. We are not responsible for any activities you engage in when using the
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Dexorder Service, and you should understand the risks associated with cryptoassets,
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blockchain technology generally, and the Interface.
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</div>
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<h2 className="text-xl font-semibold mt-6 mb-4">2. Agreement to Terms</h2>
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<div className="mb-4 leading-relaxed">
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By using our Dexorder Service, you agree to be bound by these Terms. If you don't agree to
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be bound by these Terms, do not use the Dexorder Service.
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</div>
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<h2 className="text-xl font-semibold mt-6 mb-4">3. Changes to these Terms or the Dexorder Service</h2>
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<div className="mb-4 leading-relaxed">
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We may update the Terms, including any addendum terms, from time to time in our sole
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discretion. If we do, we'll let you know by posting the updated Terms on the Site and/or may
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also send other communications. It's important that you review the Terms whenever we update
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them or you use the Dexorder Service. If you continue to use the Dexorder Service after we
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have posted updated Terms it means that you accept and agree to the changes. If you don't
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agree to be bound by the changes, you may not use the Dexorder Service anymore. Because our
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Dexorder Service is evolving over time we may change or discontinue all or any part of the
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Dexorder Service, at any time and without notice, at our sole discretion.
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</div>
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<h2 className="text-xl font-semibold mt-6 mb-4">4. Who May Use the Dexorder Service?</h2>
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<div className="mb-4 leading-relaxed">
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(a) <u>Eligibility</u>. The Dexorder Service is only available to users in certain
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jurisdictions outside of the United States and that are at least 18 years old, capable of
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forming a binding contract with the Dexorder and not otherwise barred from using the
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Dexorder Service under Applicable Law. You may not attempt to access or use the Dexorder
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Service if you are not permitted to do so (including without limitation if you are a
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Restricted Person).
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</div>
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<div className="mb-4 leading-relaxed">
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(b) <u>Compliance</u>. You certify that you will comply with all Applicable Law when using
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the Dexorder Service. You are solely responsible for ensuring that your access and use of
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the Dexorder Service in such country, territory, or jurisdiction does not violate any
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Applicable Laws. You must not use any software or networking techniques, including use of a
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virtual private network ("<b>VPN</b>") to circumvent or attempt to circumvent this
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prohibition. We reserve the right to monitor the locations from which our Dexorder Service
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is accessed. Furthermore, we reserve the right, at any time, in our sole discretion, to
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block access to the Dexorder Service, in whole or in part, from any geographic location, IP
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addresses, and unique device identifiers
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</div>
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<h2 className="text-xl font-semibold mt-6 mb-4">5. Use of the Dexorder Service</h2>
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<div className="mb-4 leading-relaxed">
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(a) <u>User Representations and Warranties</u>. As a condition to accessing or using the
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Dexorder Service, you represent and warrant to Dexorder that:
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</div>
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<div className="mb-4 leading-relaxed ml-8">
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(i) if you are entering into these Terms as an individual, then you are of legal age in the
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jurisdiction in which you reside and you have the legal capacity to enter into these Terms
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and be bound by them and if you are entering into these Terms as an entity, then you must
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have the legal authority to accept these Terms on that entity's behalf, in which case "you"
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(except as used in this paragraph) will mean that entity;
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</div>
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<div className="mb-4 leading-relaxed ml-8">(ii) you are not in or residing in the United States;</div>
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<div className="mb-4 leading-relaxed ml-8">
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(iii) you are not in or residing in Cuba, Iran, North Korea, Syria, Belarus, Russia, and the
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Crimea, Luhansk, Donetsk, Zaporizhzhia, and Kherson regions of Ukraine, or any other country
|
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or jurisdiction to which the Cayman Islands, the United Kingdom, United States, the United
|
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Nations Security Council, or the European Union embargoes goods or imposes similar sanctions
|
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(collectively, "<b>Restricted Territories</b>");
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</div>
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<div className="mb-4 leading-relaxed ml-8">
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(iv) you are not on any sanctions list or equivalent maintained by the Cayman Islands, the
|
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United Kingdom, United States, the United Nations Security Council, or the European Union
|
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(collectively, "<b>Sanctions Lists Persons</b>") and you do not intend to transact with any
|
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Restricted Person or Sanctions List Person;
|
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</div>
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<div className="mb-4 leading-relaxed ml-8">
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(v) you do not, and will not, use VPN software or any other privacy or anonymization tools
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or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the
|
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Dexorder Service;
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</div>
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<div className="mb-4 leading-relaxed ml-8">
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(vi) you have obtained all required consents from any individual whose personal information
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you transfer to us in connection with your use of the Dexorder Service; and
|
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</div>
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<div className="mb-4 leading-relaxed ml-8">
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(vii) all information that you provide through the Dexorder Service is current, complete,
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true, and accurate and you will maintain the security and confidentiality of your private
|
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keys associated with your public wallet address, passwords, API keys, passwords or other
|
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information associated with your Vault or otherwise, as applicable.
|
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</div>
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<div className="mb-4 leading-relaxed ml-8">
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(viii) your access to the Dexorder Service is not: (a) prohibited by and does not otherwise
|
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violate or assist you to violate any domestic or foreign law, rule, statute, regulation,
|
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by-law, order, protocol, code, decree, or another directive, requirement, or guideline,
|
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published or in force that applies to or is otherwise intended to govern or regulate any
|
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person, property, transaction, activity, event or other matter, including any rule, order,
|
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judgment, directive or other requirement or guideline issued by any domestic or foreign
|
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federal, provincial or state, municipal, local or other governmental, regulatory, judicial or
|
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administrative authority having jurisdiction over Dexorder, you, the Site or the Dexorder
|
||||||
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Service, or as otherwise duly enacted, enforceable by law, the common law or equity
|
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(collectively, "<b>Applicable Laws</b>"); or (b) contribute to or facilitate any illegal
|
||||||
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activity.
|
||||||
|
</div>
|
||||||
|
|
||||||
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<div className="mb-4 leading-relaxed">
|
||||||
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(b) <u>Limitations</u>. As a condition to accessing or using the Dexorder Service or the
|
||||||
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Site, you acknowledge, understand, and agree to the following:
|
||||||
|
</div>
|
||||||
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<div className="mb-4 leading-relaxed ml-8">
|
||||||
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(i) Subject to your compliance with these Terms, Dexorder will use its commercially
|
||||||
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reasonable efforts to provide you with access to the Dexorder Service and to cause your
|
||||||
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Interactions to be executed on the applicable DEX in accordance with Dexorder's Execution
|
||||||
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Policy located at{' '}
|
||||||
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<a href="https://dexorder.com/execution-policy">
|
||||||
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https://dexorder.com/execution-policy
|
||||||
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</a>{' '}
|
||||||
|
("<b>Execution Policy</b>"), however from time to time the Site and the Dexorder Service may
|
||||||
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be inaccessible or inoperable for any reason, including, without limitation: (a) if an
|
||||||
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Interaction repeatedly fails to be executed (such as due to an error in Interaction
|
||||||
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execution or a malfunction in the Dexorder Service); (b) equipment malfunctions; (c)
|
||||||
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periodic maintenance procedures or repairs that Dexorder or any of its suppliers or
|
||||||
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contractors may undertake from time to time; (d) causes beyond Dexorder's control or that
|
||||||
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Dexorder could not reasonably foresee; (e) disruptions and temporary or permanent
|
||||||
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unavailability of underlying blockchain infrastructure; (f) unavailability of third-party
|
||||||
|
service providers or external partners for any reason; or (g) an Activation Signal not being
|
||||||
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sent.
|
||||||
|
</div>
|
||||||
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<div className="mb-4 leading-relaxed ml-8">
|
||||||
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(ii) the Site and the Dexorder Service may evolve, which means Dexorder may apply changes,
|
||||||
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replace, or discontinue (temporarily or permanently) the Dexorder Service at any time in its
|
||||||
|
sole discretion;
|
||||||
|
</div>
|
||||||
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<div className="mb-4 leading-relaxed ml-8">
|
||||||
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(iii) Dexorder does not act as an agent for you or any other user of the Site or the
|
||||||
|
Dexorder Service;
|
||||||
|
</div>
|
||||||
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<div className="mb-4 leading-relaxed ml-8">
|
||||||
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(iv) you are solely responsible for your use of the Dexorder Service; and
|
||||||
|
</div>
|
||||||
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<div className="mb-4 leading-relaxed ml-8">
|
||||||
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(v) we owe no fiduciary duties or liabilities to you or any other party, and that to the
|
||||||
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extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably
|
||||||
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disclaim, waive, and eliminate those duties and liabilities.
|
||||||
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</div>
|
||||||
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|
||||||
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<h2 className="text-xl font-semibold mt-6 mb-4">6. Interactions; Fees</h2>
|
||||||
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<div className="mb-4 leading-relaxed">
|
||||||
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(a) <u>Interactions</u>. In order to effectuate Interactions, you may need to transfer
|
||||||
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digital assets (e.g., tokens) to the Vault. You acknowledge that you may use the Dexorder
|
||||||
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Services to process and cause Interactions to be operate with an applicable DEX, including
|
||||||
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without limitation the transfer of digital assets via the DEX in accordance with the
|
||||||
|
Interaction. For clarity, the Vault is a smart contract automatically controlled by the
|
||||||
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blockchain. Dexorder is an interface to that smart contract, and does not offer a digital
|
||||||
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wallet and has no custody or control over your digital wallet or any digital assets or
|
||||||
|
cryptocurrency, which is never accessible by Dexorder.
|
||||||
|
</div>
|
||||||
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<div className="mb-4 leading-relaxed">
|
||||||
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(b) <u>Fees</u>.
|
||||||
|
</div>
|
||||||
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<div className="mb-4 leading-relaxed ml-8">
|
||||||
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(i) Dexorder charges fees upfront for usage of the Dexorder Services at the time of user
|
||||||
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Interactions ("<b>Fees</b>"). You agree to pay all applicable Fees upfront to Dexorder, in
|
||||||
|
the amounts communicated or presented to you via the Dexorder Service in connection with
|
||||||
|
usage of the Dexorder Service. Each party shall be responsible for all Taxes imposed on its
|
||||||
|
income or property.
|
||||||
|
</div>
|
||||||
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<div className="mb-4 leading-relaxed ml-8">
|
||||||
|
(ii) There may be associated fees in connection with transactions enacted on a blockchain.
|
||||||
|
All transactions using blockchains require the payment of gas fees, which are essentially
|
||||||
|
transaction fees paid on every transaction that occurs on the selected blockchain network.
|
||||||
|
We do not collect any such fees. Please note that accessing the Protocol may result in you
|
||||||
|
incurring gas fees, which are non-refundable, and are paid by you in all circumstances. You
|
||||||
|
pay all gas fees incurred by you as relating to interacting with the Protocol.
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(c) <u>Tax Records and Reporting</u>. You are solely responsible for all costs incurred by
|
||||||
|
you in using the Dexorder Service, and for determining, collecting, reporting, and paying
|
||||||
|
all applicable Taxes that you may be required by law to collect and remit to any
|
||||||
|
governmental or regulatory agencies. As used herein, "<b>Taxes</b>" means the taxes, duties,
|
||||||
|
levies, tariffs, and other charges imposed by any federal, state, multinational or local
|
||||||
|
governmental or regulatory authority. We reserve the right to report any activity occurring
|
||||||
|
using the Dexorder Service to relevant tax authorities as required under Applicable Law. You
|
||||||
|
are solely responsible for maintaining all relevant Tax records and complying with any
|
||||||
|
reporting requirements you may have as related to our Dexorder Service. You are further
|
||||||
|
solely responsible for independently maintaining the accuracy of any record submitted to any
|
||||||
|
tax authority including any information derived from the Dexorder Service.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(d) Suspensions or Terminations. In addition to the other suspension and termination rights
|
||||||
|
in these Terms, we may suspend or terminate your access to the Dexorder Service, or any and
|
||||||
|
all Interactions, at any time in connection with any Interaction or transaction (i) as
|
||||||
|
required by Applicable Law or any governmental authority, (ii) if we are unable to process
|
||||||
|
or execute an Interaction or transaction after several attempts (as described in the
|
||||||
|
Execution Policy or otherwise in Dexorder's reasonable discretion), or (iii) if we in our
|
||||||
|
sole and reasonable discretion determine you are violating the terms of any third-party
|
||||||
|
service provider or these Terms, including, without limitation, if we reasonably believe any
|
||||||
|
of your representations and warranties may be untrue or inaccurate or you are violating or
|
||||||
|
have violated any of the geographical restrictions that apply to the Dexorder Service, and
|
||||||
|
in any case we will not be liable to you for any losses or damages you may suffer as a
|
||||||
|
result of or in connection with the Dexorder Service being inaccessible to you at any time
|
||||||
|
or for any reason. Such suspension or termination shall not constitute a breach of these
|
||||||
|
Terms by Dexorder. In accordance with its anti- money laundering, anti-terrorism,
|
||||||
|
anti-fraud, and other compliance policies and practices, we may impose limitations and
|
||||||
|
controls on the ability of you or any beneficiary to utilize the Dexorder Service. Such
|
||||||
|
limitations may include rejecting transaction requests, freezing funds in any case where
|
||||||
|
Dexorder has such ability, or otherwise restricting you from using the Dexorder Service, all
|
||||||
|
to the extent of our ability to do so.
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<h2 className="text-xl font-semibold mt-6 mb-4">7. General Prohibitions and Dexorder's Enforcement Rights.</h2>
|
||||||
|
<div className="mb-4 leading-relaxed">You agree not to do any of the following:</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(a) Engage in or induce others to engage in any form of unauthorized access, hacking, or
|
||||||
|
social engineering, including without limitation any distributed denial or service or DDoS
|
||||||
|
attack, of Dexorder, the Dexorder Service, or any users of the foregoing;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(b) Use, display, mirror or frame the Dexorder Service or any individual element within the
|
||||||
|
Dexorder Service, Dexorder's name, any Dexorder trademark, logo or other proprietary
|
||||||
|
information, or the layout and design of any page or form contained on a page, without
|
||||||
|
Dexorder's express written consent;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(c) Access, tamper with, or use non-public areas of the Dexorder Service, Dexorder's
|
||||||
|
computer systems, or the technical delivery systems of Dexorder's providers;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(d) Attempt to probe, scan or test the vulnerability of any Dexorder system or network or
|
||||||
|
breach any security or authentication measures;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any
|
||||||
|
technological measure implemented by Dexorder or any of Dexorder's providers or any other
|
||||||
|
third party (including another user) to protect the Dexorder Service;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(f) Attempt to access or search the Dexorder Service or download content from the Dexorder
|
||||||
|
Service using any engine, software, tool, agent, device or mechanism (including spiders,
|
||||||
|
robots, crawlers, data mining tools or the like) other than the software and/or search
|
||||||
|
agents provided by Dexorder or other generally available third-party web browsers;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(g) Use any meta tags or other hidden text or metadata utilizing a Dexorder trademark, logo,
|
||||||
|
URL or product name without Dexorder's express written consent;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(h) Forge any TCP/IP packet header or any part of the header information in any email or
|
||||||
|
newsgroup posting, or in any way use the Dexorder Service to send altered, deceptive or
|
||||||
|
false source-identifying information;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(i) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used
|
||||||
|
to provide the Dexorder Service;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(j) Interfere with, or attempt to interfere with, the access of any user, host or network,
|
||||||
|
including, without limitation, sending a virus, exploiting any bug, overloading, flooding,
|
||||||
|
spamming, or mail- bombing the Dexorder Service;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(k) Use the Dexorder Service for benchmarking or analysis in a manner that could, directly
|
||||||
|
or indirectly, interfere with, detract from, or otherwise harm the Dexorder Service or DEX;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(l) Collect or store any personally identifiable information from the Dexorder Service from
|
||||||
|
other users of the Dexorder Service without their express permission;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(m) Impersonate or misrepresent your affiliation with any person or entity;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(n) Create or list any counterfeit items (including digital assets);
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(o) Fabricate in any way any transaction or process related thereto;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(p) Engage or assist in any activity that violates any law, statute, ordinance, regulation,
|
||||||
|
or sanctions program, , or that involves proceeds of any unlawful activity (including but
|
||||||
|
not limited to money laundering, terrorist financing or deliberately engaging in activities
|
||||||
|
designed to adversely affect the performance of the Dexorder Service);
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">(q) Engage in deceptive or manipulative trading activities;</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(r) Disguise or interfere in any way with the IP address of the computer you are using to
|
||||||
|
access or use the Dexorder Service or that otherwise prevents us from correctly identifying
|
||||||
|
the IP address of the computer you are using to access the Dexorder Service;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(s) Transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or
|
||||||
|
fraudulent activity;
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">(t) Violate any Applicable Law or regulation; or</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(u) Encourage or enable any other individual to do any of the foregoing.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
Dexorder is not obligated to monitor access to or use of the Dexorder Service or to review
|
||||||
|
or edit any content. However, we have the right to do so for the purpose of operating the
|
||||||
|
Dexorder Service, to ensure compliance with these Terms and to comply with Applicable Law or
|
||||||
|
other legal requirements. We reserve the right, but are not obligated, to suspend or
|
||||||
|
terminate access to the Dexorder Service at any time if we believe you are violating these
|
||||||
|
Terms. We have the right to investigate violations of these Terms or conduct that affects
|
||||||
|
the Dexorder Service. We may also consult and cooperate with law enforcement authorities to
|
||||||
|
prosecute users who violate the law.
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<h2 className="text-xl font-semibold mt-6 mb-4">8. Feedback</h2>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the
|
||||||
|
Dexorder Service ("<b>Feedback</b>"). If you choose to submit Feedback, you agree that we
|
||||||
|
are free to use it (and permit others to use it) without any restriction or compensation to
|
||||||
|
you.
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<h2 className="text-xl font-semibold mt-6 mb-4">9. Links to Third Party Websites or Resources</h2>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
The Dexorder Service may allow you to access third-party websites, integrations, or other
|
||||||
|
resources, including the DEX, services providing Activation Signals, and any bridge between
|
||||||
|
the DEX and any third party protocols (collectively, "<b>Third Party Resources</b>"). We
|
||||||
|
provide access only as a convenience and are not responsible for the content, products or
|
||||||
|
services on or available from those resources or links displayed on such websites. You
|
||||||
|
acknowledge sole responsibility for and assume all risk arising from, your use of any
|
||||||
|
third-party resources. Our provision of access to Third Party Resources does not constitute
|
||||||
|
approval, endorsement, or control of such Third Party Resource.
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<h2 className="text-xl font-semibold mt-6 mb-4">10. Termination</h2>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
We may suspend or terminate your access to and use of the Dexorder Service, at our sole
|
||||||
|
discretion, at any time and without notice to you. You acknowledge and agree that we shall
|
||||||
|
have no liability or obligation to you in such event and that you will not be entitled to a
|
||||||
|
refund of any amounts that you have already paid to us or any third party, to the fullest
|
||||||
|
extent permitted by Applicable Law. Upon any termination, discontinuation, or cancellation
|
||||||
|
of the Dexorder Service or your account, the following Sections will survive: 6.(d) , 7 , 8
|
||||||
|
, 10 , 11 , 13 , 14 , 15 , 16 , and 17 .
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<h2 className="text-xl font-semibold mt-6 mb-4">11. Warranty Disclaimers</h2>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
THE DEXORDER SERVICE (INCLUDING WITHOUT LIMITATION THE VAULT) AND ANY CONTENT CONTAINED
|
||||||
|
THEREIN, AS WELL AS THE PROTOCOL, THE DEXORDER ORACLE, AND ANY ASSOCIATED PROTOCOL OR
|
||||||
|
BLOCKCHAIN MESSAGING FUNCTIONALITY SUCH AS ACTIVATION SIGNALS UNDERLYING THE DEXORDER
|
||||||
|
SERVICE (TOGETHER, THE "<b>UTILITIES</b>"), ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
|
||||||
|
KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF
|
||||||
|
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND
|
||||||
|
ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT
|
||||||
|
THE UTILITIES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR
|
||||||
|
ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS,
|
||||||
|
TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE UTILITIES.
|
||||||
|
DEXORDER FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH
|
||||||
|
THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF THE UTILITIES IN CONNECTION WITH THIRD
|
||||||
|
PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR
|
||||||
|
WITH ANY THIRD PARTY SERVICES.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
DEXORDER DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE UTILITIES IS ACCURATE,
|
||||||
|
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND
|
||||||
|
FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE
|
||||||
|
UTILITIES. DEXORDER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE UTILITIES, ANY CONTENT
|
||||||
|
THEREIN, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
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.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
DEXORDER WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY
|
||||||
|
FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE UTILITIES, INCLUDING BUT NOT LIMITED
|
||||||
|
TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS,
|
||||||
|
INCORRECTLY CONSTRUCTED TRANSACTIONS, EXCEEDING TRANSFER LIMITS OF THIRD PARTY RESOURCES OR
|
||||||
|
THE DEX, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN
|
||||||
|
NETWORKS, CRYPTOCURRENCY WALLETS, CORRUPT FILES, SOFTWARE ERRORS, OR BUGS; (IV) UNAUTHORIZED
|
||||||
|
ACCESS TO THE UTILITIES; OR (V) ANY THIRD PARTY UTILITIES, INCLUDING WITHOUT LIMITATION THE
|
||||||
|
USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST ANY BLOCKCHAIN
|
||||||
|
NETWORK UNDERLYING THE UTILITIES.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
THE UTILITIES MAY INCLUDE THE PLACEMENT OR EXECUTION OF AN ACTIVATION SIGNAL TO A USER VAULT
|
||||||
|
WITH RESPECT TO USER DEFINED INTERACTIONS (E.G., VIA TRANSMITTING AN ACTIVATION SIGNAL WHICH
|
||||||
|
TRIGGERS INTERACTION EXECUTION), HOWEVER, ANYONE, INCLUDING YOU OR ANY THIRD PARTY, MAY
|
||||||
|
CAUSE AN INTERACTION TO BE EXECUTED (SUCH AS BY TRANSMITTING THE APPLICABLE ACTIVATION
|
||||||
|
SIGNAL), AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, DEXORDER DOES NOT
|
||||||
|
GUARANTEE THE PLACEMENT OR EXECUTION OR ANY INTERACTION, INCLUDING WITHOUT LIMITATION THAT
|
||||||
|
DEXORDER WILL TRANSMIT ANY PARTICULAR ACTIVATION SIGNAL TO TRIGGER EXECUTION OF ANY
|
||||||
|
INTERACTION, OR THAT AN INTERACTION WILL OTHERWISE BE PROPERLY CARRIED OUT PURSUANT TO A
|
||||||
|
VAULT. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON THE UTILITIES TO CARRY OUT
|
||||||
|
PLACEMENTS OR EXECUTIONS OF INTERACTIONS. IF ANY PARTICULAR INTERACTION THAT IS PLACED IS
|
||||||
|
NOT EXECUTED BY DEXORDER IN A TIMELY MANNER, YOU MAY CAUSE SUCH INTERACTION TO BE EXECUTED
|
||||||
|
YOURSELF OR BY ENGAGING A THIRD PARTY SERVICE PROVIDER TO DO SO (E.G., BY TRANSMITTING THE
|
||||||
|
APPLICABLE ACTIVATION SIGNAL YOURSELF OR ENGAGING A THIRD PARTY TO DO SO). YOU ACCEPT THE
|
||||||
|
INHERENT RISK THAT ANY PARTICULAR INTERACTION MAY NOT BE EXECUTED, INCLUDING WITHOUT
|
||||||
|
LIMITATION DUE TO BAD ACTORS OR THE MALFUNCTION OF THE UTILITIES, AND DEXORDER HEREBY
|
||||||
|
DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY IN CONNECTION WITH THE PLACEMENT OR
|
||||||
|
EXECUTION OF INTERACTIONS AND THE VAULT.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
THE UTILITIES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED
|
||||||
|
TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS,
|
||||||
|
VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE UTILITIES AND/OR
|
||||||
|
TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY
|
||||||
|
EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY
|
||||||
|
OR PERFORMANCE OF THE UTILITIES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS
|
||||||
|
OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE
|
||||||
|
COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA. SOME JURISDICTIONS DO NOT ALLOW THE
|
||||||
|
EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES
|
||||||
|
MAY NOT APPLY TO YOU BUT OTHERS REMAIN IN EFFECT.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
You understand that your use of the Utilities is entirely at your own risk. You assume all
|
||||||
|
risks associated with using the Utilities, and digital assets and decentralized systems
|
||||||
|
generally, including but not limited to, that digital assets are highly volatile; you may
|
||||||
|
not have ready access to assets; and you may lose some or all of your tokens or other
|
||||||
|
assets, including with respect to an Interaction or the Vault. You agree that you will have
|
||||||
|
no recourse against Dexorder for any losses due to your use of the Utilities. For example,
|
||||||
|
these losses may arise from or relate to: (i) lost funds; (ii) server failure or data loss;
|
||||||
|
(iii) corrupted digital wallet files; (iv) unauthorized access; (v) errors, mistakes, or
|
||||||
|
inaccuracies; or (vi) third-party activities.
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<h2 className="text-xl font-semibold mt-6 mb-4">12. Assumption of Risk.</h2>
|
||||||
|
<div className="mb-4 leading-relaxed">You accept, acknowledge and assume the following risks:</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(a) You are solely responsible for determining what, if any, Taxes apply to your
|
||||||
|
transactions through the Utilities. Neither Dexorder nor any Dexorder affiliates are
|
||||||
|
responsible for determining the Taxes that apply to such transactions.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(b) A lack of use or public interest in the creation and development of distributed
|
||||||
|
ecosystems could negatively impact the development of those ecosystems and related
|
||||||
|
applications, and could therefore also negatively impact the potential utility or value of
|
||||||
|
certain digital assets.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(c) By accessing and using the Utilities, you represent that you 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 tokens such as, bitcoin (BTC), ether
|
||||||
|
(ETH), and other digital tokens such as those following the Ethereum Token Standard
|
||||||
|
(ERC-20). You further understand that the markets for tokens can be highly volatile due to
|
||||||
|
factors including (but not limited to) adoption, speculation, technology, security, and
|
||||||
|
regulation. You acknowledge that the cost and speed of transacting with cryptographic and
|
||||||
|
blockchain-based systems are variable and may increase at any time. Accordingly, you
|
||||||
|
understand and agree to assume full responsibility for all of the risks of accessing and
|
||||||
|
using and engaging with the Utilities.
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<h2 className="text-xl font-semibold mt-6 mb-4">13. Indemnity</h2>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
You will indemnify, defend (at Dexorder's option) and hold Dexorder and its affiliates and
|
||||||
|
their respective officers, directors, employees and agents, 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 Utilities, (b) Interactions and the Vault,
|
||||||
|
(c) your violation of these Terms, or (d) your negligence, willful misconduct, fraud, or
|
||||||
|
violation of Applicable Laws. You may not settle or otherwise compromise any claim subject
|
||||||
|
to this Section without Dexorder's prior written approval.
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<h2 className="text-xl font-semibold mt-6 mb-4">14. Limitation of Liability</h2>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DEXORDER NOR ITS SERVICE PROVIDERS
|
||||||
|
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE UTILITIES 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 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 UTILITIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
|
||||||
|
LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEXORDER OR ITS SERVICE PROVIDERS
|
||||||
|
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.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL DEXORDER'S TOTAL LIABILITY
|
||||||
|
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE
|
||||||
|
UTILITIES EXCEED THE TOTAL FEES YOU HAVE PAID OR ARE PAYABLE BY YOU TO DEXORDER FOR USE OF
|
||||||
|
THE UTILITIES (EXCLUDING GAS FEES), OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY
|
||||||
|
PAYMENT OBLIGATIONS TO DEXORDER, AS APPLICABLE.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
|
||||||
|
THE BASIS OF THE BARGAIN BETWEEN DEXORDER AND YOU.
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<h2 className="text-xl font-semibold mt-6 mb-4">15. Governing Law and Forum Choice</h2>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
These Terms will be governed by and construed in accordance with the laws of the British
|
||||||
|
Virgin Islands without regard to its conflict of laws provisions.
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<h2 className="text-xl font-semibold mt-6 mb-4">16. Dispute Resolution</h2>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(a) <u>Mandatory Arbitration of Disputes</u>. We each agree that any dispute, claim or
|
||||||
|
controversy arising out of or relating to these Terms or the breach, termination,
|
||||||
|
enforcement, interpretation or validity thereof or the use of the Utilities (collectively, "
|
||||||
|
<b>Disputes</b>") will be resolved{' '}
|
||||||
|
<b>
|
||||||
|
solely by binding, individual arbitration and not in a class, representative or
|
||||||
|
consolidated action or proceeding.
|
||||||
|
</b>{' '}
|
||||||
|
You and Dexorder agree that the Cayman Islands Arbitration Law governs the interpretation
|
||||||
|
and enforcement of these Terms, and that you and Dexorder are each waiving the right to a
|
||||||
|
trial by jury or to participate in a class action. This arbitration provision shall survive
|
||||||
|
termination of these Terms.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(b) <u>Exceptions</u>. As limited exceptions to Section 16.(a) above: (i) each party may
|
||||||
|
seek to resolve a Dispute in small claims court if it qualifies; and (ii) each party retains
|
||||||
|
the right to seek injunctive or other equitable relief from a court to prevent (or enjoin)
|
||||||
|
the infringement or misappropriation of our intellectual property rights.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(c) <u>Conducting Arbitration and Arbitration Rules</u>. The arbitration will be conducted
|
||||||
|
by the Cayman International Mediation & Arbitration Centre (CI-MAC) in accordance with
|
||||||
|
its arbitration rules in force at the time of the dispute ("<b>CI-MAC Rules</b>"), except as
|
||||||
|
modified by these Terms. The CI-MAC Rules are available at{' '}
|
||||||
|
<a href="https://www.caymanarbitration.com/arbitrationrules2023">
|
||||||
|
https://www.caymanarbitration.com/arbitrationrules2023
|
||||||
|
</a>
|
||||||
|
. A party who wishes to start arbitration must submit a written request for arbitration to
|
||||||
|
CI-MAC and give notice to the other party as specified in the CI-MAC Rules. CI-MAC provides
|
||||||
|
instructions on submitting a request for arbitration under Section 3 (Request for
|
||||||
|
arbitration) of the CI-MAC Rules.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
Any arbitration hearings will take place in the county (or parish) where you live, unless
|
||||||
|
the parties agree to a different location. The parties agree that the arbitrator shall have
|
||||||
|
exclusive authority to decide all issues relating to the interpretation, applicability,
|
||||||
|
enforceability and scope of this arbitration agreement.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(d) <u>Arbitration Costs</u>. Payment of all filing, administration and arbitrator fees will
|
||||||
|
be governed by the JAMS Rules, and we won't seek to recover the administration and
|
||||||
|
arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute
|
||||||
|
frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and
|
||||||
|
won't seek to recover them from you. If you prevail in arbitration you will be entitled to
|
||||||
|
an award of attorneys' fees and expenses to the extent provided under Applicable Law.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(e) <u>Injunctive and Declaratory Relief</u>. Except as provided in Section 16.(b) above,
|
||||||
|
the arbitrator shall determine all issues of liability on the merits of any claim asserted
|
||||||
|
by either party and 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 that party's individual claim. To the extent that you or we prevail on a claim and seek
|
||||||
|
public injunctive relief (that is, injunctive relief that has the primary purpose and effect
|
||||||
|
of prohibiting unlawful acts that threaten future injury to the public), the entitlement to
|
||||||
|
and extent of such relief must be litigated in a civil court of competent jurisdiction and
|
||||||
|
not in arbitration. The parties agree that litigation of any issues of public injunctive
|
||||||
|
relief shall be stayed pending the outcome of the merits of any individual claims in
|
||||||
|
arbitration.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(f) <u>Class Action Waiver</u>.{' '}
|
||||||
|
<b>
|
||||||
|
YOU AND DEXORDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
|
||||||
|
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
|
||||||
|
REPRESENTATIVE PROCEEDING.
|
||||||
|
</b>{' '}
|
||||||
|
Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not
|
||||||
|
consolidate another person's claims with your claims, and may not otherwise preside over any
|
||||||
|
form of a representative or class proceeding. If this specific provision is found to be
|
||||||
|
unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(g) <u>Severability</u>. With the exception of any of the provisions in Section 16.(f) of
|
||||||
|
these Terms ("<b>Class Action Waiver</b>"), if an arbitrator or court of competent
|
||||||
|
jurisdiction decides that any part of these Terms is invalid or unenforceable, the other
|
||||||
|
parts of these Terms will still apply.
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<h2 className="text-xl font-semibold mt-6 mb-4">17. General Terms</h2>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(a) <u>Reservation of Rights</u>. Dexorder and its licensors exclusively own all right,
|
||||||
|
title and interest in and to the Dexorder Service, including all associated intellectual
|
||||||
|
property rights. You acknowledge that the Dexorder Service is protected by copyright,
|
||||||
|
trademark, and other laws of the United States and foreign countries. You agree not to
|
||||||
|
remove, alter or obscure any copyright, trademark, service mark or other proprietary rights
|
||||||
|
notices incorporated in or accompanying the Dexorder Service.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(b) <u>Entire Agreement</u>. These Terms, including any addendum terms, constitute the
|
||||||
|
entire and exclusive understanding and agreement between Dexorder and you regarding the
|
||||||
|
Dexorder Service, and these Terms supersede and replace all prior oral or written
|
||||||
|
understandings or agreements between Dexorder and you regarding the Dexorder Service. If any
|
||||||
|
provision of these Terms is held invalid or unenforceable by an arbitrator or a court of
|
||||||
|
competent jurisdiction, that provision will be enforced to the maximum extent permissible
|
||||||
|
and the other provisions of these Terms will remain in full force and effect. Except where
|
||||||
|
provided by Applicable Law in your jurisdiction, you may not assign or transfer these Terms,
|
||||||
|
by operation of law or otherwise, without Dexorder's prior written consent. Any attempt by
|
||||||
|
you to assign or transfer these Terms absent our consent or your statutory right, will be
|
||||||
|
null. Dexorder may freely assign or transfer these Terms without restriction. Subject to the
|
||||||
|
foregoing, these Terms will bind and inure to the benefit of the parties, their successors
|
||||||
|
and permitted assigns.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(c) <u>Notices</u>. Any notices or other communications provided by Dexorder under these
|
||||||
|
Terms will be given: (i) via email; or (ii) by posting to the Dexorder Service. For notices
|
||||||
|
made by email, the date of receipt will be deemed the date on which such notice is
|
||||||
|
transmitted.
|
||||||
|
</div>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
(d) <u>Waiver of Rights</u>. Dexorder's 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 Dexorder. 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.
|
||||||
|
</div>
|
||||||
|
|
||||||
|
<h2 className="text-xl font-semibold mt-6 mb-4">18. Contact Information</h2>
|
||||||
|
<div className="mb-4 leading-relaxed">
|
||||||
|
If you have any questions about these Terms or the Dexorder Service, please contact Dexorder
|
||||||
|
at <a href="mailto:legal@dexorder.com">legal@dexorder.com</a> or{' '}
|
||||||
|
<a href="mailto:support@dexorder.com">support@dexorder.com</a>.
|
||||||
|
</div>
|
||||||
|
</div>
|
||||||
|
</div>
|
||||||
|
);
|
||||||
|
}
|
||||||
Reference in New Issue
Block a user