Terms of Service
This Terms of Service is provided to allow users the opportunity to understand the Evita platform (“Evita,” “we,” or “us”). This section contains legal documents and disclaimers that users (“you”) of Evita should accept and be aware of. The services offered by Evita (the “Services”) are offered to the public and are subject to all relevant registration, licensing and approvals by U.S. federal and state regulatory authorities. The Services do not constitute an offer or solicitation in any jurisdiction in which such offer or solicitation is unauthorized or unlawful. The Services operate under FinCEN MSB #31000246803530.
This Terms of Service Agreement (the “Agreement”) explains the terms and conditions by which you may access and use Evita. You must read this Agreement carefully. By accessing or using Evita, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use Evita and should not use Evita or its Services.
General
WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT AND WILL NOTIFY YOU BY REUPLOADING A CURRENT VERSION OF THIS AGREEMENT AT THE SAME LINK. ALL MODIFICATIONS WILL BE EFFECTIVE WHEN THEY ARE POSTED, AND YOUR CONTINUED USE OF Evita WILL SERVE AS CONFIRMATION OF YOUR ACCEPTANCE OF THESE MODIFICATIONS. IF YOU DO NOT ACCEPT MODIFICATIONS TO THIS DISCLAIMER AS MAY BE MADE FROM TIME-TO-TIME, YOU MUST IMMEDIATELY CEASE USING Evita.
You may not use the Evita if you are otherwise barred from using it under any laws, statutes, ordinances, rules, regulations, judgments, injunctions, administrative interpretations, orders and decrees of any Governmental Authority, including amendments thereto, regulatory requirements, or rules of any jurisdiction (together, “Laws”).
You are solely responsible for adhering to all Laws and regulations applicable to you and your use or access to Evita. Your use of Evita is prohibited by and will not otherwise violate or facilitate the violation of any applicable Laws or regulations, or contribute to or facilitate any illegal activity. Such requirement of legal adherence includes but is not limited to your sole responsibility for reporting and paying any taxes applicable to your use of Evita.
IF YOU HAVE ANY QUESTIONS REGARDING THE EFFECT OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU ARE ADVISED TO CONSULT INDEPENDENT LEGAL COUNSEL. THIS AGREEMENT 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.
We reserve the right to disable access to Evita at any time in the event of any breach of the Agreement, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in this Agreement. Further, we reserve the right to limit or restrict access to Evita by any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with Evita being inaccessible to you at any time or for any reason.
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 Evita; (b) to review, modify, filter, disable, delete, and remove any and all content and information from Evita; and (c) 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.
No Representations or Warranties
THE RISK OF LOSS IN BUYING, HOLDING AND TRADING DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO CRYPTOCURRENCIES, AND FIAT CURRENCIES, BOTH FOREIGN AND DOMESTIC, CAN BE IMMEDIATE AND SUBSTANTIAL. THERE IS NO GUARANTEE AGAINST LOSSES FROM PARTICIPATING. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER TRANSACTING WITH DIGITAL ASSETS AND CURRENCIES ARE SUITABLE FOR YOU. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF Evita IS AT YOUR OWN RISK.
Evita does not control the trading value of any assets, digital or fiat, traded on its platform. By using the Services you will agree to hold Evita free from any liabilities or losses, direct, indirect, special or consequential damages, however caused, induced by the market price variation of any asset for any reason. Although Evita delivers market data “as is” without any guarantees. The data may have typographical errors, be incomplete, and inaccurate. Evita does not commit to rectifying any mistakes.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Evita, THE SERVICES WILL BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Evita AND ITS RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION (1) ANY WARRANTY OF MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) TITLE AND NON-INFRINGEMENT; (4) THAT THE SERVICES OR ANYTHING PURCHASED VIA THE SERVICES, WILL MEET YOUR REQUIREMENTS; (5) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; AND (6) THAT ANY DEFECTS WITH THE SERVICES, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT ANY USE OF, MODIFICATION TO OR RELIANCE ON THE SERVICES, OR ANYTHING PURCHASED VIA THE SERVICES, WILL BE AT YOUR OWN DISCRETION AND RISK.
You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to your use of the Services, your breach of these Terms, your violation or infringement of the rights of others, or your violation of any applicable civil or criminal law. Evita and its respective directors, members, employees, representatives and agents disclaim any and all responsibility and liability regarding all such matters. You further agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Services, if and when operable, and that you will comply with all applicable law in respect of same. We may investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including personal information shared by you with Evita) regarding your usage of the Services in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law. We may also use third-party service providers, which may receive or independently obtain your personal information from publicly-available sources. We do not control how these third parties handle your data and you should review their privacy policies to understand how they collect, use, and share your personal information.
Evita 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 Evita. We do not endorse 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 this Agreement does 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 promotions.
Limitations of Liability
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL Evita NOR ANY OF ITS RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO (1) LOSS OF USE OR THE INABILITY TO USE THE SERVICES; (2) THE USE OR THE INABILITY TO USE ANYTHING PURCHASED VIA THE SERVICES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE Evita MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM Evita, OR THAT MAY RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, HACKING OR OTHER COMPUTER INTRUSION, DESTRUCTION OR UNAUTHORIZED ACCESS TO Evita’S RECORDS, PROGRAMS OR SERVICES.
In the event of any loss, hack, or theft of any asset related to use of Evita, you acknowledge and confirm that you shall have no right(s), claim(s) or causes of action in any way whatsoever against us and any of our affiliates, and our respective owners, directors, officers, employees, representatives and advisors, and shall further hold harmless, us and any of our affiliates, and our respective owners, directors, officers, employees, representatives and advisors, from and against any and all losses, injuries, damages, taxes, liabilities and expenses that may be incurred by you in connection with or arising from such loss, hack or theft.
Dispute Resolution
PLEASE REVIEW THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE US TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, we will attempt to resolve it without resorting to formal dispute resolution. If we aren’t able to reach an informal resolution then, we agree to resolve the potential dispute according to the process set forth below.
Any dispute arising out of or in connection with this Agreement, Evita, and the Services (“Dispute”), including questions regarding its existence, validity, or termination, or any other dispute arising out of the use of the Evita shall initially be negotiated between the Parties in good faith a remedy to the specified breach. In the event no amicable negotiation is possible between you and us or any of our affiliates, and our respective owners, directors, officers, employees, representatives and advisors and the effectiveness of negotiation is in doubt, it is agreed that all Disputes shall be subject first to mediation through JAMS under JAMS’ rules or guidelines in force at time of the filing of the arbitration demand. In the event that neither negotiation in good faith nor remedy is able to solve the Dispute, the Dispute will then be referred to and finally resolved by arbitration under the JAMS streamlined rules in New York, New York. The tribunal shall consist of one (1) arbitrator. The arbitrator shall have the exclusive right to determine its jurisdiction over any dispute. The language of the arbitration shall be in English.
Class Action and Jury Trial Waiver
You must bring any and all Disputes against us or any of our affiliates, and our respective owners, directors, officers, employees, representatives and advisors 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 waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Governing Law
Any transaction, Dispute, controversy, claim or action arising from or related to your access or use of Evita or this Agreement shall be governed by the law of Florida, exclusive of choice-of-law principles.
Assumption of Risk
By accessing and using Evita, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, including the functionality, usage, storage, transmission mechanisms, and intricacies associated with cryptographic tokens, token storage facilities (including wallets), blockchain technology, and blockchain-based software systems; and that you have a working knowledge of the usage and intricacies of digital assets and other digital tokens, other digital token derivatives and complex financial derivative mechanisms and any other mechanisms pertaining to Web 3.0 applications, which encompasses the use of web interfaces to interact with blockchain based applications. In particular, you understand that blockchain-based transactions are irreversible and that Web 3.0 applications have intrinsic and unique risks and such are understood, appreciated and assumed by you.
You further understand that the markets for digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. The use of leverage may greatly increase the level of associated risk and you are of sufficient sophistication to assume any and all risks in using the platform for leveraging activities. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems and other distributed ledgers systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to protocols through Evita, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, depegging of assets, cascading liquidation events or general liquidation, and experience significant price slippage and cost. 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, swap, lend, redeem or borrow those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using Evita. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using Evita to interact with various protocol.
You further understand that fiat currency trading is highly volatile and speculative and is suitable only for those customers who (a) understand and are willing to assume the economic, legal and other risks involved, and (b) are financially able to assume losses, which may be significantly in excess of any margin or deposits. Currency trading can result in rapid and significant losses.
You expressly agree that you assume all risks in connection with your access and use of Evita and the Services. You further expressly waive and release us, any of our affiliates, and our respective owners, directors, officers, employees, representatives and advisors from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of Evita. There are no guarantees of profit or freedom from loss from Evita to you.
Indemnity
You hereby agree to indemnify us, any of our affiliates, and our respective owners, directors, officers, employees, representatives and advisors, and to hold each of them harmless, from and against any loss, damage, liability, cost or expense, including reasonable attorneys’ fees and costs of investigation, to which they may be put or which they may reasonably incur or sustain due to or arising out of: (a) your access and use of Evita; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable Law, rule, or regulation; (c) any other party’s access and use of Evita with your assistance or using any device or account that you own or control; (d) any inaccuracy in or breach of any representation or warranty by you or your affiliates or agents.
No Investment Advice
All information provided by Evita is for informational purposes only and should not be construed as investment advice. We do not make any investment recommendations to you or opine on the merits of any investment 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 and as appropriate, before taking any financial, legal, or other decisions involving Evita, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
Prohibited Activity
You may only use the Evita for lawful purposes. You agree not to use Evita to:
Intellectual Property
We are the owner of all intellectual property rights associates with the Services. These works are protected by copyright laws and all such rights are reserved.
You agree not to monitor, use or copy our web pages without our prior consent. Any unauthorized use or reproduction may be prosecuted.
Entire Agreement
These terms constitute the entire agreement between you and us with respect to the subject matter hereof and sets out all terms of the relationship, including rights due, rights waived, obligations owed and obligations waived between you and us. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
The section titles and headings in this Agreement are for convenience only and have no legal or contractual effect.
This Terms of Service Agreement (the “Agreement”) explains the terms and conditions by which you may access and use Evita. You must read this Agreement carefully. By accessing or using Evita, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use Evita and should not use Evita or its Services.
General
WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT AND WILL NOTIFY YOU BY REUPLOADING A CURRENT VERSION OF THIS AGREEMENT AT THE SAME LINK. ALL MODIFICATIONS WILL BE EFFECTIVE WHEN THEY ARE POSTED, AND YOUR CONTINUED USE OF Evita WILL SERVE AS CONFIRMATION OF YOUR ACCEPTANCE OF THESE MODIFICATIONS. IF YOU DO NOT ACCEPT MODIFICATIONS TO THIS DISCLAIMER AS MAY BE MADE FROM TIME-TO-TIME, YOU MUST IMMEDIATELY CEASE USING Evita.
You may not use the Evita if you are otherwise barred from using it under any laws, statutes, ordinances, rules, regulations, judgments, injunctions, administrative interpretations, orders and decrees of any Governmental Authority, including amendments thereto, regulatory requirements, or rules of any jurisdiction (together, “Laws”).
You are solely responsible for adhering to all Laws and regulations applicable to you and your use or access to Evita. Your use of Evita is prohibited by and will not otherwise violate or facilitate the violation of any applicable Laws or regulations, or contribute to or facilitate any illegal activity. Such requirement of legal adherence includes but is not limited to your sole responsibility for reporting and paying any taxes applicable to your use of Evita.
IF YOU HAVE ANY QUESTIONS REGARDING THE EFFECT OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU ARE ADVISED TO CONSULT INDEPENDENT LEGAL COUNSEL. THIS AGREEMENT 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.
We reserve the right to disable access to Evita at any time in the event of any breach of the Agreement, including without limitation, if we, in our sole discretion, believe that you, at any time, fail to satisfy the eligibility requirements set forth in this Agreement. Further, we reserve the right to limit or restrict access to Evita by any person or entity, or within any geographic area or legal jurisdiction, at any time and at our sole discretion. We will not be liable to you for any losses or damages you may suffer as a result of or in connection with Evita being inaccessible to you at any time or for any reason.
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 Evita; (b) to review, modify, filter, disable, delete, and remove any and all content and information from Evita; and (c) 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.
No Representations or Warranties
THE RISK OF LOSS IN BUYING, HOLDING AND TRADING DIGITAL ASSETS, INCLUDING BUT NOT LIMITED TO CRYPTOCURRENCIES, AND FIAT CURRENCIES, BOTH FOREIGN AND DOMESTIC, CAN BE IMMEDIATE AND SUBSTANTIAL. THERE IS NO GUARANTEE AGAINST LOSSES FROM PARTICIPATING. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER TRANSACTING WITH DIGITAL ASSETS AND CURRENCIES ARE SUITABLE FOR YOU. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF Evita IS AT YOUR OWN RISK.
Evita does not control the trading value of any assets, digital or fiat, traded on its platform. By using the Services you will agree to hold Evita free from any liabilities or losses, direct, indirect, special or consequential damages, however caused, induced by the market price variation of any asset for any reason. Although Evita delivers market data “as is” without any guarantees. The data may have typographical errors, be incomplete, and inaccurate. Evita does not commit to rectifying any mistakes.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Evita, THE SERVICES WILL BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Evita AND ITS RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION (1) ANY WARRANTY OF MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) TITLE AND NON-INFRINGEMENT; (4) THAT THE SERVICES OR ANYTHING PURCHASED VIA THE SERVICES, WILL MEET YOUR REQUIREMENTS; (5) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; AND (6) THAT ANY DEFECTS WITH THE SERVICES, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT ANY USE OF, MODIFICATION TO OR RELIANCE ON THE SERVICES, OR ANYTHING PURCHASED VIA THE SERVICES, WILL BE AT YOUR OWN DISCRETION AND RISK.
You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to your use of the Services, your breach of these Terms, your violation or infringement of the rights of others, or your violation of any applicable civil or criminal law. Evita and its respective directors, members, employees, representatives and agents disclaim any and all responsibility and liability regarding all such matters. You further agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Services, if and when operable, and that you will comply with all applicable law in respect of same. We may investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including personal information shared by you with Evita) regarding your usage of the Services in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law. We may also use third-party service providers, which may receive or independently obtain your personal information from publicly-available sources. We do not control how these third parties handle your data and you should review their privacy policies to understand how they collect, use, and share your personal information.
Evita 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 Evita. We do not endorse 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 this Agreement does 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 promotions.
Limitations of Liability
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL Evita NOR ANY OF ITS RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO (1) LOSS OF USE OR THE INABILITY TO USE THE SERVICES; (2) THE USE OR THE INABILITY TO USE ANYTHING PURCHASED VIA THE SERVICES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE Evita MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM Evita, OR THAT MAY RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, HACKING OR OTHER COMPUTER INTRUSION, DESTRUCTION OR UNAUTHORIZED ACCESS TO Evita’S RECORDS, PROGRAMS OR SERVICES.
In the event of any loss, hack, or theft of any asset related to use of Evita, you acknowledge and confirm that you shall have no right(s), claim(s) or causes of action in any way whatsoever against us and any of our affiliates, and our respective owners, directors, officers, employees, representatives and advisors, and shall further hold harmless, us and any of our affiliates, and our respective owners, directors, officers, employees, representatives and advisors, from and against any and all losses, injuries, damages, taxes, liabilities and expenses that may be incurred by you in connection with or arising from such loss, hack or theft.
Dispute Resolution
PLEASE REVIEW THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE US TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, we will attempt to resolve it without resorting to formal dispute resolution. If we aren’t able to reach an informal resolution then, we agree to resolve the potential dispute according to the process set forth below.
Any dispute arising out of or in connection with this Agreement, Evita, and the Services (“Dispute”), including questions regarding its existence, validity, or termination, or any other dispute arising out of the use of the Evita shall initially be negotiated between the Parties in good faith a remedy to the specified breach. In the event no amicable negotiation is possible between you and us or any of our affiliates, and our respective owners, directors, officers, employees, representatives and advisors and the effectiveness of negotiation is in doubt, it is agreed that all Disputes shall be subject first to mediation through JAMS under JAMS’ rules or guidelines in force at time of the filing of the arbitration demand. In the event that neither negotiation in good faith nor remedy is able to solve the Dispute, the Dispute will then be referred to and finally resolved by arbitration under the JAMS streamlined rules in New York, New York. The tribunal shall consist of one (1) arbitrator. The arbitrator shall have the exclusive right to determine its jurisdiction over any dispute. The language of the arbitration shall be in English.
Class Action and Jury Trial Waiver
You must bring any and all Disputes against us or any of our affiliates, and our respective owners, directors, officers, employees, representatives and advisors 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 waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Governing Law
Any transaction, Dispute, controversy, claim or action arising from or related to your access or use of Evita or this Agreement shall be governed by the law of Florida, exclusive of choice-of-law principles.
Assumption of Risk
By accessing and using Evita, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, including the functionality, usage, storage, transmission mechanisms, and intricacies associated with cryptographic tokens, token storage facilities (including wallets), blockchain technology, and blockchain-based software systems; and that you have a working knowledge of the usage and intricacies of digital assets and other digital tokens, other digital token derivatives and complex financial derivative mechanisms and any other mechanisms pertaining to Web 3.0 applications, which encompasses the use of web interfaces to interact with blockchain based applications. In particular, you understand that blockchain-based transactions are irreversible and that Web 3.0 applications have intrinsic and unique risks and such are understood, appreciated and assumed by you.
You further understand that the markets for digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. The use of leverage may greatly increase the level of associated risk and you are of sufficient sophistication to assume any and all risks in using the platform for leveraging activities. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems and other distributed ledgers systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to protocols through Evita, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, depegging of assets, cascading liquidation events or general liquidation, and experience significant price slippage and cost. 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, swap, lend, redeem or borrow those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using Evita. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using Evita to interact with various protocol.
You further understand that fiat currency trading is highly volatile and speculative and is suitable only for those customers who (a) understand and are willing to assume the economic, legal and other risks involved, and (b) are financially able to assume losses, which may be significantly in excess of any margin or deposits. Currency trading can result in rapid and significant losses.
You expressly agree that you assume all risks in connection with your access and use of Evita and the Services. You further expressly waive and release us, any of our affiliates, and our respective owners, directors, officers, employees, representatives and advisors from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of Evita. There are no guarantees of profit or freedom from loss from Evita to you.
Indemnity
You hereby agree to indemnify us, any of our affiliates, and our respective owners, directors, officers, employees, representatives and advisors, and to hold each of them harmless, from and against any loss, damage, liability, cost or expense, including reasonable attorneys’ fees and costs of investigation, to which they may be put or which they may reasonably incur or sustain due to or arising out of: (a) your access and use of Evita; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable Law, rule, or regulation; (c) any other party’s access and use of Evita with your assistance or using any device or account that you own or control; (d) any inaccuracy in or breach of any representation or warranty by you or your affiliates or agents.
No Investment Advice
All information provided by Evita is for informational purposes only and should not be construed as investment advice. We do not make any investment recommendations to you or opine on the merits of any investment 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 and as appropriate, before taking any financial, legal, or other decisions involving Evita, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
Prohibited Activity
You may only use the Evita for lawful purposes. You agree not to use Evita to:
- Violate any applicable law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing Laws and any relevant and applicable privacy and data collection Laws, in each case as may be amended; any purpose that is unlawful.
- Disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable Laws, or to transact or deal in any contraband digital tokens, fiat, funds, property, or proceeds;
- Facilitate, approve, evade, avoid, or circumvent any applicable Law, including but not limited to hose regarding market manipulation and securities regulation;
- Evade taxes in any jurisdiction applicable to you or Evita;
- Purchase or redeem tokens, or otherwise transact on Evita or use its services, with anything other than fiat currency, funds, keys, property, or digital tokens that have been legally obtained by you and that belong to you;
- Access Evita using any virtual private network, proxy service, or any other third-party service, network, or product with the effect of disguising your IP address or location;
- Export, reexport, or transfer, directly or indirectly, any Interface technology in violation of applicable export Laws or regulations;
- Infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using Evita;
- Misrepresent the truthfulness, sourcing or reliability of any content on Evita;
- Use Evita in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Evita, or that could damage, disable, overburden, or impair the functioning of Evita in any manner;
- Attempt to circumvent any content filtering techniques or security measures that we employ on Evita, or attempt to access any service or area of Evita that you are not authorized to access;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access Evita to extract data;
- Introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into Evita;
- Post content or communications on Evita that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- Post content on Evita containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the user of Evita; or
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Evita, the server on which Evita is stored, or any server, computer, or database connected to Evita.
- Attack Evita via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of Evita.
- Encourage or induce any third party to engage in any of the activities prohibited under this Agreement.
Intellectual Property
We are the owner of all intellectual property rights associates with the Services. These works are protected by copyright laws and all such rights are reserved.
You agree not to monitor, use or copy our web pages without our prior consent. Any unauthorized use or reproduction may be prosecuted.
Entire Agreement
These terms constitute the entire agreement between you and us with respect to the subject matter hereof and sets out all terms of the relationship, including rights due, rights waived, obligations owed and obligations waived between you and us. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
The section titles and headings in this Agreement are for convenience only and have no legal or contractual effect.