Disclaimer
By accessing the PAXE website and/or using any of the PAXE services, you agree to and acknowledge the following:
To the maximum extent permitted under applicable law, all services, information, materials, or other items provided by or on behalf of PAXE are offered on an “as is” and “as available” basis. PAXE expressly disclaims, and you waive, any and all warranties of any kind, including, without limitation, merchantability, fitness for a particular purpose, title or non-infringement. PAXE does not represent or warrant that any information available or displayed on its website, services, or materials is accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.
PAXE does not guarantee that any order will be executed, accepted, recorded, or remain open. Except for the express statements, agreements, and rules set forth in these terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of PAXE services.
PAXE will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect, or omission of digital assets price or other types of data; (b) any error or delay in the transmission of such data; (c) interruption in any such data; (d) regular or unscheduled maintenance carried out by PAXE and service interruption and change resulting from such maintenance; (e) any damages incurred by other users’ actions, omissions, or violation of these terms; (f) any damage caused by illegal actions of other third parties or actions not authorized by PAXE; and (g) other exemptions mentioned in disclaimers and platform rules issued by PAXE.
To the maximum extent permitted by applicable law, in no event will PAXE, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors be liable for any incidental, indirect, special, punitive, consequential, or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits, or other business or financial benefits) arising out of PAXE services, any performance or non-performance of PAXE services, or any other product, service, or other item provided by or on behalf of PAXE and its affiliates, whether under contract, statute, strict liability, or other theory, even if PAXE has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of PAXE’s gross negligence, fraud, willful misconduct, or intentional violation of law.
To the maximum extent permitted by applicable law, in no event will the liability of PAXE, its affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors arising out of services offered by or on behalf of PAXE and its affiliates, any performance or non-performance of PAXE services, or any other product, service, or other item, whether under contract, statute, strict liability, or other theory, exceed the amount of the fees paid by you to PAXE under in the [twelve-month] period immediately preceding the event giving rise to the claim for liability.
The content and information available through PAXE, including but not limited to text, photographs, videos, and software (“PAXE Content”), is the property of PAXE or third parties, and is protected by intellectual property laws. You may not use any PAXE Content for commercial purposes without our express written consent.
You acknowledge and agree that: (1) you are aware of the risks associated with transactions of digital currencies and their derivatives; (2) you shall assume all risks related to the use of PAXE services and transactions of digital currencies and their derivatives; and (3) PAXE shall not be liable for any such risks or adverse outcomes.
To use PAXE, you must create an account (“Account”). When you create an Account, you must provide accurate and complete information, and you must keep your Account information up-to-date. You are solely responsible for the activity that occurs through your Account, and you must keep your Account secure.
You may not use PAXE:
a. To engage in any illegal activity, including but not limited to money laundering or the financing of terrorism;
b. To violate any applicable laws or regulations;
c. To infringe the rights of others, including without limitation, intellectual property rights;
d. To distribute viruses, malware, or any other harmful code;
e. To interfere with the operation of PAXE or the systems and networks used to provide PAXE;
f. To access or attempt to access systems, data, or information not intended for you; g. To interfere with the security of PAXE or any other user’s Account; or
h. To engage in any other activity that we determine, in our sole discretion, is harmful to us, our users, or any third party.
You represent and warrant that you have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list), the list of specially designated nationals maintained by OFAC (the Office of Foreign Assets Control of the U.S. Department of the Treasury), or the denied persons or entity list of the U.S. Department of Commerce. PAXE reserves the right to choose markets and jurisdictions to conduct business and may restrict or refuse, in its discretion, the provision of PAXE services in certain countries or regions.
You represent and warrant that your funds to be used on the PAXE platform or for PAXE services come from legitimate sources and do not originate from illegal activities; and you agree that PAXE may require you to provide or otherwise collect necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of your funds.
No communication or information provided to you by PAXE is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. You are solely responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you according to your personal investment objectives, financial circumstances, and risk tolerance. Any decision to use our products or services is made solely by you.
PAXE is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities undertaken by you using PAXE services. PAXE does not monitor whether your use of PAXE services is consistent with your financial goals and objectives. It is up to you to assess whether your financial resources are adequate for your financial activity with us and your risk appetite in the products and services you use.
You are solely responsible for determining what taxes you might be liable to, and how they apply, when transacting through the PAXE services. It is your sole responsibility to report and pay any taxes that may arise from transacting through the PAXE services, and you acknowledge that PAXE does not provide legal or tax advice in relation to these transactions.
We do not guarantee that the PAXE services will be available at any particular time or that PAXE services will not be subject to unplanned service outages or network congestion. It may not be possible for you to buy, sell, store, transfer, send or receive digital assets when you wish to do so.
It is not possible for PAXE to eliminate all security risks. You are responsible for keeping your PAXE account password safe, and you may be responsible for all the transactions under your PAXE account, whether you authorized them or not. Transactions in digital assets may be irreversible, and losses due to fraudulent or unauthorized transactions may not be recoverable.
Given the nature of digital assets and their underlying technologies, there are a number of intrinsic risks, including but not limited to:
(1) Faults, defects, hacks, exploits, errors, protocol failures, or unforeseen circumstances occurring in respect of a digital asset or the technologies or economic systems on which the digital asset relies;
(2) Transactions in digital assets being irreversible. Consequently, losses due to fraudulent or accidental transactions may not be recoverable;
(3) Technological development leading to the obsolescence of a digital asset;
(4) Delays causing transactions not to be settled on the scheduled delivery date; and
(5) Attacks on the protocol or technologies on which a digital asset depends, including but not limited to: (i) distributed denial of service; (ii) Sybil attacks; (iii) phishing; (iv) social engineering; (v) hacking; (vi) smurfing; (vii) malware; (viii) double spending; (ix) majority-mining, consensus-based or other mining attacks; (x) misinformation campaigns; (xi) forks; and (xii) spoofing.
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