Last Updated: June 19th, 2019
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), are entered into between MerkleX Inc. (“merkleX,” “we,” “us” and “our”) and you or the company or other legal entity you represent (“you” or “your”), and constitute a binding legal agreement.
By accessing and/or using our website, trading interface, APIs, or any other service provided by merkleX (collectively, the “Services”), you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using and/or accessing our Services. The materials contained in our Services are protected by applicable copyright and trademark law.
We may change these Terms from time to time. If we make changes, we will notify you by revising the date at the top of the https://merklex.io/terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification).
You understand and acknowledge that merkleX is not registered or licensed by the CFTC, SEC, or any financial regulatory authority. No financial regulatory authority has reviewed or approved the use of the merkleX. This website and merkleX services do not constitute advice or a recommendation concerning any commodity, security or other asset. merkleX is not acting as an investment adviser or commodity trading adviser to any person.
You understand and acknowledge that merkleX is not your broker, lawyer, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you regarding any other decisions or activities that you effect when using the Portal or the Services. Neither our communications nor any information that we provide to you is intended as, or shall be considered or construed as, advice.
You represent and warrant that you: (a) have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of the Ethereum Smart Contracts used by our Services; (b) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under Applicable Laws; (c) know, understand and accept the risks associated with your Ethereum Address, the Ethereum Blockchain, and Ether; (d) You hereby assume, and agree that merkleX will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against merkleX, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.
You understand and acknowledge that merkleX does not own or control the underlying software protocols that are used in connection with Ethereum Smart Contracts and/or Ethereum. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. merkleX is not responsible for operation of the underlying protocols, and merkleX makes no guarantee of their functionality, security, or availability.
You understand and acknowledge that your data on the Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.
You understand, acknowledge, and agree that you are responsible for complying with all laws and regulations applicable to your transactions, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission (“CFTC”), and the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission (“SEC”).
You understand, acknowledge, and agree that all information provided to our Services may be released publicly with any license and stored indefinitely on both merkleX and the Ethereum Blockchain.
To the maximum extent permitted under Applicable Law, the Services (and any of their content or functionality) provided by or on behalf of us are provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the Services (including any data relating thereto) will be uninterrupted, available at any particular time or error-free. Further, we do not warrant that errors in the Service are correctable or will be correctable.
The disclaimer of implied warranties contained herein may not apply if and to the extent such warranties cannot be excluded or limited under the Applicable Law of the jurisdiction in which you reside.