Terms of Use

Welcome to 0xdealer.com. This agreement is between you (referenced herein as "you" or with "your") and Sellwell Enterprises Limited (referenced herein as "0xdealer"). By accessing, the Services, or registering as a member, or any other features made available by 0xdealer or one of its affiliates through the World Wide Web via 0xdealer.com ("Website"), our mobile application ("Mobile App"), or any other related services provided by 0xdealer or its affiliates as further described in Section 3 below (collectively, the "Services") you agree that you have read, understood and accepted all of the terms and conditions contained in this Terms of Use (the or these "Terms"), our Privacy Policy (https://www.0xdealer.com/privacypolicy), Cookie Policy (https://www.0xdealer.com/cookiepolicy), Schedule of Fees and Charges (https://www.0xdealer.com/fees) and the Broker-Dealer Terms ("Broker-Dealer Terms") set forth by your designated Broker-Dealers ("Broker-Dealers") registered with 0xdealer. Additionally, when using certain features of the Services, you may be subject to additional terms and conditions applicable to such features.

PLEASE READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES. THESE TERMS CONTAINS IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN SECTION 13 BELOW ENTITLED "RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER, GOVERNING LAW." , THE VALUE OF DIGITAL CURRENCIES CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU WILL LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN DIGITAL CURRENCIES. BY USING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT

(1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTING IN DIGITAL CURRENCIES

(2) THAT YOU ASSUME ALL RISKS WITH RESPECT TO YOUR USE OF THE SERVICES AND TRADING IN DIGITAL CURRENCIES AND

(3) 0XDEALER IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES. BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

We reserve the right to modify these Terms from time to time at our sole discretion and without your consent. Any revised terms and conditions will be applicable at the time of posting on the Services. Your continued use of the Services following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Services in any way, your only recourse is to immediately terminate use of the Services.

1. Eligibility


By registering to use a 0xdealer Account (as defined in Section 4 below), you represent and warrant that you

(a) are at least 18 years old or of legal age to form a binding contract under applicable law,
(b) are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms, (c) have not previously been suspended or removed from using our Services
(d) you do not currently have an existing 0xdealer Account and
(e) you are not a U.S person. If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity.

2. Prohibition of Use

By accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions lists, such as the UN Security Council Sanctions list, designated as a "Specially Designated National" by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department's "Denied Persons List". 0xdealer maintains the right to select its markets and jurisdictions to operate and may restrict or deny the Services in certain countries at its discretion.

3. Description of Services


0xdealer provides an online digital currency exchange platform among products commonly known as cryptographic tokens, digital tokens or cryptographic currency (collectively, "Digital Currency"). 0xdealer does not provide fiat trading capabilities on as part of the Services. 0xdealer functions as a trading platform provider and not as a buyer or seller in trades made between traders. 0xdealer is also not a market maker. Users must register and open an account with 0xdealer and your designated Broker-Dealers as further set forth in Section 4 below and deposit digital assets prior to commencement of trading. Traders may request the withdrawal of their digital assets, subject to the limitations as stated in these Terms. 0xdealer strives to maintain the accuracy of information posted on the Services however it cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance or fitness for any purpose of the content made available through the Services, and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information on the Services can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. 0xdealer does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated on the Services or other communication mediums. All users of the Services must understand that there are risks involved in trading in Digital Currencies. 0xdealer encourages all users to exercise prudence and trade responsibly within their own means.

4. 0xdealer Account Registration & Requirements

a. Registration
All users of the Services (each, a "User") must register at (https://www.0xdealer.com/signup) for a 0xdealer account (an "Account") before using the Services. To register for an Account, you must provide your real name, email address and password, as well as accept the Terms of Use, Privacy Policy and Consent Form. 0xdealer may, in its sole discretion, refuse to open an account for you. You agree to provide complete and accurate information when opening an Account and agree to promptly update any information you provide to 0xdealer so that such information is complete and accurate at all times. Each registration is for a single user only and each User (including with respect to any User that is a business or legal entity) may only maintain one active Account with 0xdealer.

b. User Identity Verification
With registration of an account on 0xdealer, you agree to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on the Platform. We will collect, use and share this information in accordance with our posted Privacy Policy. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 5 years beyond account closing. You also authorise us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes such as fraud.
  
The identity verification information we request may include, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID, Date of Birth and other information collected at the time of account registration. In providing this required information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, 0xdealer shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of 0xdealer Service if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.

BY SIGNING UP FOR ACCOUNT YOU HEREBY AUTHORIZE 0XDEALER TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES, THAT 0XDEALER CONSIDERS NECESSARY TO VERIFY YOUR IDENTITY OR PROTECT YOU AND/OR 0XDEALER AGAINST FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE ACTION 0XDEALER REASONABLY DEEMS NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE AND FRAUD PREVENTION OR FINANCIAL CRIME AGENCIES AND THAT THESE AG ENCIES MAY RESPOND TO OUR INQUIRIES IN FULL.

c. Account Usage Requirements
Accounts can only be used by the person whose name they are registered under. 0xdealer reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. You shall immediately notify 0xdealer if you suspect or become aware of unauthorized use of your user name and password. 0xdealer will not be liable for any loss or damage arising from any use of your Account by you or by any third party (whether or not authorized by you).

d. Account Security
0xdealer strives to maintain the safety of those user funds entrusted to us and has implemented industry standard protections for the Services. However, there are risks that are created by individual User actions. You agree to consider your access credentials such as user name and password as confidential information and not to disclose such information to any third party. You also agree that you alone are responsible for taking necessary safety precautions to protect your own account and personal information.
You shall be solely responsible for the safekeeping of your 0xdealer account and password on your own, and you shall be responsible for all activities under Account and 0xdealer will not be responsible for any loss or consequences of authorized or unauthorized use of your Account credentials including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the web0xdealer, online renewal of agreement, etc.
 
By creating an Account, you hereby agree that:
(i) you will notify 0xdealer immediately if you are aware of any unauthorized use of your 0xdealer account and password by any person or any other violations to the security rules;
(ii) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the web0xdealer/service; and
(iii) you will log out from the web0xdealer by taking proper steps at the end of every visit.

5. Orders and Service Fees

a. Orders
Upon placing an instruction to effect a trade using the Services (an "Order"), your Account will be updated to reflect the open Order and your Order will be included in 0xdealer's order book for matching with Orders from other Users. If all or a portion of your Order is matched with another User, the Services will execute an exchange (a "Trade"). Upon execution of a Trade, your Account will be updated to reflect that the Order has either been closed due to having been fully executed, or updated to reflect any partial fulfillment of the Order. Orders will remain open until fully executed or cancelled in accordance with subsection (b) below. For purposes of effectuating a Trade, you authorize 0xdealer to take temporary control of the Digital Currency that you are disposing of in the Trade.
 
b. Cancellations
You may only cancel an order initiated via the Services if such cancellation occurs before your Order has been matched with an Order from another user. Once your Order has been matched with an Order from another user, you may not change, withdraw, or cancel your authorization for 0xdealer to complete such Order. If any order has been partially matched, you may cancel the unmatched portion of the Order unless and until the unmatched portion has been matched. 0xdealer reserves the right to refuse any cancellation request associated with an Order after you have submitted such Order. If you have an insufficient amount of Digital Currency in your Account to fulfill an Order, 0xdealer may cancel the entire Order or may fulfill a partial Order that can be covered by the Digital Currency in your Account (in each case after deducting any fees payable to 0xdealer in connection with the Trade as described in subsection (c) below).
 
c. 0xdealer Fees
You agree to pay 0xdealer the fees set forth at  https://www.0xdealer.com/fees which may be updated from time to time in 0xdealer's sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize 0xdealer to remove any amounts from your Account for any applicable fees owed by you under these Terms.

d. Broker-Dealer Fees
You agree to pay the fees charged by your Broker-Dealers, including but not limited to commission fees, margin fees, fees incurred by payment transfers, transfers and custody of Digital Currencies. Please refer to the Broker-Dealer agreements you signed with your Broker-Dealers.

6. Margin Trading

a. Margin trading risks:
Margin trading is highly risky. As a margin trader, you acknowledge and agree that you shall access and use the margin trading and borrowing service at your own risks:
  • Digital Currency prices are extremely volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. The use of leverage can work against you as well as for you and can lead to large losses as well as gains.
  • You are not eligible for receiving forked coins split from any blockchain asset in your margin account, even if you have not engaged in any margin trading or borrowing at all.
  • The loan carries risks and the value of Digital Currency holdings may drop. If the value of your Digital Currency holdings drop below a certain level, you are responsible for responding to this market circumstance.
  • Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, there is insufficient liquidity in the market or due to technical issues on 0xdealer.
  • Placing contingent orders will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders.
  • There is no guarantee measure against losses on margin trading. As a borrower, you may sustain a total loss beyond what you have depo0xdealerd to your margin account.
b. To enter in to margin trading:
0xdealer does not provide any margin trading services. The margin trading services on 0xdealer platform are provided by Broker-Dealers registered with 0xdealer. 0xdealer simply provides a platform to allow you to use the margin services provided the Broker-Dealers.

You understand and agree with the followings:
  • You represent and warrant that you are not either from US, South Korea, Japan, nor on any trade or economic sanctions lists, such as designated as a "Specially Designated National" by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department).
  • You should fully understand the risks associated with the margin trading and lending and solely responsible and liable for any and all trading and non-trading activity on your 0xdealer account. Do not enter into transaction or invest in funds that are above your financial abilities;
  • You are solely responsible and liable for knowing the true status of any position, even if presented incorrectly by 0xdealer at any time;
  • You agree to maintain in your margin account a sufficient amount of Digital Currencies required by 0xdealer for users to engage in margin trading and return your loan in full timely. Failure to maintain sufficient amount of Digital Currencies or fail to return outstanding loan duly can result in the forced-liquidation of Digital Currencies in your margin account;
  • 0xdealer cannot guarantee to stop losses even with the ability to force-liquidate any of your positions. If, after your positions are liquidated, your Digital Currencies are insufficient to cover the outstanding loan, you are still responsible for any additional Digital Currencies shortfall;
  • 0xdealer may, in its sole discretion, perform measures to mitigate potential losses to you on your behalf, including, but not limited to, transferring balances from your margin to your exchange account and/or from your exchange to your margin account;
  • During 0xdealer system maintenance, you agree that you are solely responsible and liable for managing your margin account under risk, including but not limited to, keep or close your position and repay your loan.
  • You agree that you conduct all trading, margin trading, and/or borrowing on your own account and claim full responsibility for your activities. 0xdealer does not take any responsibility for any loss or damage incurred as a result of your use of any services or your failure to understand the risks involved associated with assets use generally or your use of our services.

7. Liability

Disclaimer of Liability
Your use of the Services is solely at your own risk. Without limiting the generality of the foregoing, everything on the Services is provided to you "as is," "as available," and "when available" without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Site assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.

Further, 0xdealer does not guarantee that any order will be executed, accepted, recorded, or remain open. Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Services. Without limiting the foregoing, you hereby understand and agree that 0xdealer will not be liable for any losses or damages arising out of or relating to:

(a) any inaccuracy, defect or omission of digital currency price data
(b) any error or delay in the transmission of such data, or
(c) interruption in any such data.

0xdealer makes no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the Website and Mobile App. 0xdealer will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but 0xdealer makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

c. Indemnification
To the fullest extent permissible by law, you agree to indemnify, defend and hold 0xdealer and any of its affiliates, and any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Use or any other policy or procedure posted on 0xdealer by you or arising from your use of 0xdealer. 0xdealer reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Site in the defense of any such claim, action, settlement or compromise negotiations, as requested by 0xdealer.

8. Intellectual property

All content and images on the Website and Mobile App are either the property of, or used with permission by 0xdealer. The use of the content or images by you or anyone authorized by you, is prohibited unless specifically permitted by these Terms of Use or provided elsewhere on the Website and Mobile App. By providing content on the Website and Mobile App, you grant us a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to copy, reformat, index, modify, display, distribute and put to commercial and other uses the Website and Mobile App. No compensation will be paid with respect to our use such content. 0xdealer neither warrants nor represents that your use of materials displayed on the Website and Mobile App will not infringe rights of third parties not owned or affiliated with 0xdealer. The trademarks, logo and slogans displayed on the Website and Mobile App, (collectively the "Trademarks") are owned by 0xdealer and others. Nothing on the Website and Mobile App should be construed as granting any license or right to use the Trademarks without written permission of 0xdealer or such third party owner of the Trademarks. Your misuse of the Trademarks, or any other content on the Website and Mobile App, except as provided in these Terms of Use, is strictly prohibited. You are advised that the Website and Mobile App will aggressively enforce its intellectual property rights to the fullest extent of the law.

9. Termination of Agreement

You agree that 0xdealer shall have the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to 0xdealer for any reason including if it suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that 0xdealer shall not be liable to you for any permanent or temporary modification, suspension or termination of your Account or access to all or any portion of the Services. 0xdealer shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:
  • The account is subject to a governmental proceeding, criminal investigation or other pending litigation;
  • We detect unusual activity in the account;
  • We detect unauthorized access to the account;
  • We are required to do so by a court order or command by a regulatory/government authority
In case of any of the following events, 0xdealer shall have the right to directly terminate this agreement by cancelling your Account, and shall have the right to permanently freeze (cancel) the authorizations of your account on 0xdealer and withdraw the corresponding 0xdealer Account thereof:
  • after 0xdealer terminates services to you;
  • you allegedly register or register in any other person's name as 0xdealer user again, directly or indirectly;
  • the information that you have provided is untruthful, inaccurate, outdated or incomplete; when these Terms are amended, you expressly state and notify 0xdealer of your unwillingness to accept the amended Terms;
  • you request that the Services be terminated; and
  • any other circumstances where 0xdealer deems it should terminate the services.
Should your Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the Account termination process, 0xdealer shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.

If 0xdealer receives notice that any funds held in your Account are alleged to have been stolen or otherwise are not lawfully possessed by you, 0xdealer may, but has no obligation to, place an administrative hold on the affected funds and your Account. If 0xdealer does place an administrative hold on some or all of your funds or Account, 0xdealer may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to 0xdealer has been provided to 0xdealer in a form acceptable to 0xdealer. 0xdealer will not involve itself in any such dispute or the resolution of the dispute. You agree that 0xdealer will have no liability or responsibility for any such hold, or for your inability to withdraw funds or execute trades during the period of any such hold.

a. Remaining funds after Account termination
Except as set forth in subsection (b) below, once the Account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to 0xdealer) on the account will be payable immediately to 0xdealer. Upon payment of all outstanding charges to 0xdealer (if any), the User will have 5 business days to withdraw all funds from the Account.

b. Remaining funds after Account termination due to fraud, violation of law, or violation of these terms)
0xdealer maintains full custody of the funds and User data/information which may be turned over to governmental authorities in the event of Account suspension/closure arising from fraud investigations, violation of law investigations or violation of these Terms.


10. No Financial Advice

0xdealer 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 effected by you using the Services. No communication or information provided to you by 0xdealer is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely 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. You should consult your legal or tax professional regarding your specific situation. 0xdealer does not recommend that any Digital Currency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Currency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. 0xdealer will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by 0xdealer.

11. Compliance with Local Laws

It is the responsibility of the User to abide by local laws in relation to the legal usage of 0xdealer in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All Users of 0xdealer and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. 0xdealer maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of Users which are flagged out or investigated by legal mandate.

12. Privacy Policy

Access to the Services will require the submission of certain personally identifiable information. Please review 0xdealer's Privacy Policy found at https://www.0xdealer.com/privacypolicy for a summary of 0xdealer's practices related to the collection and use of personally identifiable information.

13. Resolving Disputes: Forum, Arbitration, Class Action Waiver, Governing Law

PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION FOR RESIDENTS OF THE U.S.

a. Notification of Dispute
You should to contact 0xdealer as soon as possible. 0xdealer wants to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting 0xdealer first through https://www.0xdealer.com/contact.

b. Agreement to Arbitrate
You and 0xdealer agree to resolve any claims relating to this Agreement (including any question regarding its existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You agree to first give us an opportunity to resolve any claims by contacting us as set forth in subsection (a) above. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration, as set forth below.

c. Arbitration Procedure
Either you or 0xdealer may submit a dispute (after having made good faith efforts to resolve such dispute in accordance with subsections (a) and (b) above) for final, binding resolution by arbitration under the arbitration rules of the Hong Kong International Arbitration Centre ("HKIAC"), which are deemed to be incorporated by reference. The arbitration tribunal shall consist of a sole arbitrator to be appointed by the President of HKIAC. The language of the arbitration hearings shall be English and the seat, or legal place, of arbitration shall be Hong Kong. Judgment on any arbitral award may be entered in any court having jurisdiction over the party (or the assets of the party) due and owing such award.

d. Controlling Law
This Agreement is governed by the law of British Virgin Islands except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.

14. Integration and Severability

The failure of 0xdealer to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that 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 0xdealer. These Terms and other referenced materials are the entire agreement between you and 0xdealer with respect to the Services, and supersede all prior or contemporaneous communication and proposals (whether oral, written or electronic) between you and 0xdealer with respect to the Service and govern the future relationship. 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. If for any reason a court or arbitral, as applicable, of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect and enforceable.

15. Disclaimer of Liability

Your use of the Services is solely at your own risk. Without limiting the generality of the foregoing, everything on the Services is provided to you "as is," "as available," and "when available" without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

0xdealer assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.

16. Miscellaneous

Except as expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms. 0xdealer shall have the right to assign its rights or delegate any of its responsibilities under these Terms to an affiliate or in connection with a merger, consolidation or reorganization of 0xdealer for the sale of substantially all of its assets. In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Terms will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. You further agree to replace such void or unenforceable provision of this Terms with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision. Our affiliates, officers, directors and members shall be deemed third party beneficiaries to these Terms. These Terms supersede any other Terms prior to the date hereof.

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