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Terms of Service
These Terms of Service (as amended from time to time, the “Terms”) constitute a binding legal agreement between each individual, entity, group or association who views, interacts, links to, or otherwise uses or derives any benefit from the Site (as defined below) and Services (as defined below) (“you”, “User” or, collectively, the “Users”) located at: https://app.thorswap.finance (the “Site”) and Ferdin Incorporated and its affiliates, referred to as “THORSwap,” or “Us,” or “We” throughout these Terms, and each of its successors and/or assigns. Where you enter into these Terms on behalf of a legal entity or organization you represent and warrant that you have the authority to bind such legal entity or organization to these Terms (for the avoidance of doubt, for purposes of this Agreement, “you” and “User” shall include the entity or organization that the Terms are entered into behalf of or that derives benefit from the website or Services).
By accessing or using the THORSwap Services, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree to these Terms, you are not authorized to access or use the Services.
YOU MUST READ THIS AGREEMENT CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY OR OTHER PARTY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF THE SITE, DO NOT ACCESS AND/OR USE THE SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE SERVICES ARE NOT OFFERED TO RESTRICTED PERSONS (AS DEFINED BELOW) OR PERSONS WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (AS DEFINED BELOW).
THESE TERMS REQUIRE THE USE OF ARBITRATION (SEE THE “DISPUTES” SECTION BELOW) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
THORSwap allows Users, through the Site or otherwise, to utilize various functions and services operating on the THORChain Network, a cross-chain protocol for executing swaps and other transactions across multiple blockchains (such functions and services, together with all other services and functionalities available on the THORSwap Site or services or software provided by THORSwap, the “THORSwap Services” or the “Services”). The Services include, for example, the following:
- Interface with THORChain: THORSwap.finance is THORSwap's DEX interface to THORChain's cross-chain liquidity, allowing anyone to trade native assets in a decentralized manner, earn yield, stake $THOR, provide liquidity and perform other actions.
- Cross-Chain DEX Aggregation: THORSwap expands beyond THORChain Network and provides integrated access to decentralized liquidity sources across multiple blockchains.
- THORSwap Earn: THORSwap Earn allows users to deposit single side liquidity to earn yield through various third-party on-chain mechanisms.
- Interface to THORSafe Multi-Sig: THORSwap provides an easy-to-use interface to create, import and manage THORChain multi-sig wallets.
- THORYield: THORYield allows users to track the main indicators related to THORChain.
- SwapKit Integration: SwapKit by THORSwap offers a composable, open-source SDK built on top of THORChain's cross-chain liquidity protocol.
THORSwap shall have the right at any time to change or discontinue any aspect or feature of the THORSwap Service, including, but not limited to, content, access, or use. THORSwap reserves the right to terminate your access to the THORSwap Services at any time, without notice, for any reason whatsoever, including without limitation a violation of these Terms, and you agree that THORSwap will not be liable to you or any third party for any such termination, suspension, or modification of your access to the THORSwap Services.
THORSwap may charge a fee with respect to certain transactions submitted using the Site or Services. The fee, if any, for a transaction is displayed on the Site prior to entering into the transaction. Any such fees are denominated in the destination token, and are automatically included in your transaction bundle when using the Services. To learn more about how to reduce your trading fees, see [https://docs.thorswap.finance/thorswap/thor/about/vthor and https://docs.thorswap.finance/thorswap/thor/about/thor-utility].
THORSwap may change its fee structure at any time, for any reason. [An up-to-date list of our fee schedule can be found at [https://docs.thorswap.finance/thorswap/thorswap/fees].] Note that THORSwap is not responsible for any applicable gas or network transaction fees charged by the underlying network or blockchain.
Nothing contained in the THORSwap Services or any other content on the Site constitutes a solicitation, recommendation, endorsement, or offer by THORSwap to buy or sell any securities or other financial instruments.
THORSwap is not acting as your financial, legal, or tax advisor and you must not regard us as acting in that capacity. You should consult your own independent professional advisors before entering into any transaction and enter into a transaction only if you fully understand its nature, the contractual relationship into which you are entering, all relevant terms and conditions, and the nature and extent of your exposure to loss.
Given the nature of blockchain-based Digital Assets and the associated risks of Digital Assets, THORSwap is unable to guarantee that any Services will function or otherwise be accessible via the Site as intended or that all THORSwap Services will operate as intended. Accordingly, THORSwap cannot be held liable if Digital Assets or THORSwap Services cease to function, or never function, as intended due to errors that may occur on the underlying blockchain that the Digital Assets or THORSwap Services depend upon, or errors with storage solutions for the Digital Assets or other THORSwap Services. In particular, THORSwap cannot be held liable for errors related to decentralized storage solutions that may be employed by Users, THORSwap, and other third-party affiliates that may occur and result in the inability to access Digital Assets or THORSwap Services or may otherwise impair the foregoing.
THORSwap is not a wallet provider, exchange, broker, financial institution, or money services business. We do not have custody or control over any Digital Assets or blockchains you are interacting with and we do not execute purchases, transfers, or sales of Digital Assets or validations of Digital Asset transactions. To use THORSwap Services, you must use a third-party wallet which allows you to engage in transactions on blockchains.
Please note that THORSwap bears no responsibility for the functionality or integrity of any underlying blockchain, decentralized storage solution, or distributed ledger network associated with any Digital Assets relating to the THORSwap Services. Similarly, THORSwap cannot guarantee the functionality of any THORSwap Services that are impacted by third parties that THORSwap may work with or which THORSwap or the Services may depend upon.
As used in these Terms, “Digital Assets” means assets or items that are created or maintained on distributed ledger systems, including (a) assets that are created, maintained and utilized on a specific distributed ledger system or smart contract and are an integral feature of the distributed ledger system or smart contract, (b) digital representations of other types of assets created and maintained on a distributed ledger system, (c) equity or digital assets of or issued by companies operating in the crypto industry, and (d) other crypto-finance and digital assets, or instruments for the purchase of such, each often referred to, variously, as cryptoassets, cryptocurrencies, virtual assets, virtual currencies, digital assets, convertible virtual currencies, whether issued in a private or public transaction including, without limitation, RUNE, the native token of the THORChain Network.
As a condition to accessing or using the Services, you represent, warrant, and agree to and with THORSwap the following as of both the date you access the Site and as of each time you utilize the Services:
- 1.you are at least the age of majority in your jurisdiction.
- 2.you are not a resident, citizen, national, incorporated or organized in, have a registered office in or are an agent of Belarus, Burma (Myanmar), Cote D'Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, Zimbabwe, or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories” and any such person or entity, a “Restricted Person”);
- 3.you are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the Australian government, the European Union, any other government or the United Nations (collectively, “Sanctions Lists Persons”);
- 4.you do not intend to transact or facilitate any transaction with, for or on behalf of any Restricted Person or Sanctions List Person;
- 5.you are not owned or controlled, directly or indirectly, by any Restricted Person or Sanctions List Person, or any person that is located in, ordinarily resident in, or organized under the laws of, any Restricted Territory;
- 6.none of your officers, managers, directors, shareholders or authorized representatives is a Restricted Person or Sanctions List Person, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction;
- 7.to the best of your knowledge, you only will submit a transaction in legally-obtained Digital Assets in connection with using the Services;
- 8.you shall maintain the security and confidentiality of your private keys associated with any blockchain technology (defined below) address, passwords, and API keys;
- 9.your access to the Site and use of the Services is not (a) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over THORSwap, you, the Services or any related Digital Asset protocol, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Law”); and (b) contributing to or facilitating any illegal activity;
- 10.you will obey all Applicable Law in connection with using the Services, and you will not use the Services if any Applicable Law prohibits you from doing so;
- 11.you have sufficient technical knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of utilizing the Services and about Digital Assets generally and you understand the inherent risks associated with blockchain technology;
- 12.you accept all consequences of using the Services, including the inherent risks of transacting in and providing services in connection with Digital Assets;
- 13.you are solely responsible for evaluating and understanding any risks related to any activities relating to the Services.
THORSwap may, from time to time, ask you to accept these Terms, along with other online agreements and disclosures. By providing your acceptance, you will be providing your electronic informed consent that will affirm:
- You understand and intend that these Terms of Service comprise a legally binding agreement and are equivalent to a signed written contract; and
- You will use the Site and the Services in a manner consistent with applicable laws and regulations, and in accordance with the terms and conditions of these Terms of Service and any other applicable rules, guidelines or other conditions that govern the use of a particular service or site.
We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services subject entirely to provisions of these Terms and Applicable Law. Our grant of such license is subject to the following conditions and agreements:
- Applicable Law: You acknowledge and agree that you are solely responsible for and have taken steps to ensure that your access and use of the Site and the THORSwap Services in your country, territory or jurisdiction of location, residency, citizenship, organization or incorporation does not violate any Applicable Law.
- Unlawful Activity: You agree not to engage, or assist, in any activity that violates any Applicable Law, including (but not limited) sanctions programs such as the United States of America (“U.S.”) Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity including without limitation using the Site or specific THORSwap Services in connection with money laundering, terrorist financing, or other illicit financial activity. By using the Services, you agree that we must comply with Applicable Law including any anti-money laundering and anti-terrorist financing laws. You acknowledge that Applicable Law may require us to, upon request by government agencies or otherwise, take certain actions or provide information which we deem necessary, which may not be in your best interests.
- Fraud: You agree not to engage in any activity which operates to defraud THORSwap, other Users, or any other person or to provide any false, inaccurate, manipulative, deceptive or misleading information to THORSwap, other Users or third parties, including without limitation fraudulent inducement, price manipulation or buying, selling, or transferring stolen items, fraudulently obtained items, items taken without authorization and/or any other illegally-obtained items. Additionally, you agree not to imply any untrue or misleading endorsement or affiliation with THORSwap.
- Transactions: To the best of your knowledge, you agree not to engage in or facilitate any transactions utilizing the Services that result in the purchase, sale, loan, or other transfer of Digital Assets which would be illegal or require registration or licensing under the U.S. or other applicable law including, without limitation, creating, offering, selling, or buying securities, commodities, options, or debt instruments or accessing the Site or to create, sell, or buy Digital Assets or other items that give owners rights to participate in an “initial coin offering” or any securities offering, or that are redeemable for securities, commodities, or other financial instruments.
- Technical Conduct: You agree not to engage in any activity that seeks to interfere with or compromise the integrity, security, or proper functioning of the Site, Services or computer, server, network, personal device, or other information technology system, including, but not limited to, uploading files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or damage the property of another; the deployment of viruses; denial-of-service attacks; use of any robot, spider, crawler, scraper or other automated means to extract or export data collected through the Interface; and conduct that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure.
- Abusive Activity: You agree not to engage in any activity that poses a threat to THORSwap, for example by distributing a virus or other harmful code, or through unauthorized access to the Site or other users’ accounts. You agree not to use the Site or Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as without limitation rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, discriminatory, defamatory, obscene, indecent or unlawful topic, name, material or information. You agree not to harvest or otherwise collect information about others, including personal information or personal data such as by exemplar email addresses.
- Commercial Use & Gambling: You agree not to utilize the Site (i) to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance and/or (ii) for commercial purposes inconsistent with these Terms or other instructions provided by THORSwap.
- Inappropriate Behavior: You agree not to interfere with other Users’ access to or use of the Site or Services.
- Taxes: You acknowledge that THORSwap is not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (collectively, “Taxes”), that may apply to your transactions or use of the Services. You agree that you are solely responsible for determining what, if any, Taxes apply to your Digital Assets, use of the Services or other transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities.
- Intellectual Property Infringement: You agree not to upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same, use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, falsify or delete any copyright management information such as author attributions, watermarks, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. You further agree not to use THORSwap content from the Site without express written consent from THORSwap; and/or engage in any action that implies an untrue endorsement or affiliation with THORSwap.
- Hyperlinks: You are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Site provided that such link does not portray THORSwap, our affiliates, and/or the THORSwap Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any illegal materials, and/or other materials that may be considered offensive, harassing, or otherwise objectionable.
- Content: You agree to not engage in any copying, modification, or otherwise appropriation of the Site or any material owned by THORSwap as part of your use of the Site without express written permission from THORSwap for the proposed copying, modification, or appropriation of the Site.
- Communication: You agree not to communicate with other Users for purposes of (1) sending unsolicited advertising or promotions, in particular any communications relating to any proposed transaction which would be illegal under U.S. or other applicable law, requests for donations, or spam; (2) engaging in hate speech or harassing or abusing other Users; (3) interfering with transactions of other Users, and/or (4) creating or displaying illegal content, such as content that may involve child exploitation.
- Other Prohibitions: You will not use the Services in any manner that would cause, in our sole discretion, harm to us or any third party.
You shall be solely liable for any damage resulting from any unlawful, wrongful, deceitful or other act, or from infringement of copyrights, proprietary rights, or any other harm resulting from such an act. The foregoing provisions of this section are for the benefit of THORSwap, its subsidiaries, affiliates, and agents (which term includes but is not limited to THORSwap’s third-party service and content providers) and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any use of the Services.
Please note that certain features, products, and services on Site may not be available to all users and there may be restrictions in place, such as the requirement that a user reaches the age of majority in the user’s jurisdiction (e.g., 18 years old in the United States) or has the parent’s permission before accessing or using such features, products, and services.
The Site may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left the THORSwap Services, you are subject to the terms and conditions (including privacy policies) of another website or destination. Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of THORSwap, and may be “open” applications for which no recourse is possible. THORSwap is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. THORSwap may provide links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, recommend, approve, monitor, endorse, warrant, or make any representations on information with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials, including without limitation, accuracy of data which is provided on an “as is” basis, nor does the opinion, advice or information by any third-party reflect those of THORSwap. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
From time to time, THORSwap may work with third parties to facilitate the Services. THORSwap does not guarantee that third parties that THORSwap may work with will perform the functions those parties are intended to do as intended. Consequently, THORSwap is not responsible for the functionality of third-party systems that may be necessary to facilitate the Services.
Furthermore, transactions in Digital Assets, or Digital Asset related transactions, operate according to rulesets determined by the underlying blockchain, or distributed ledger, on which the Digital Asset involved in the transaction exists. THORSwap cannot guarantee the functionality of any underlying blockchain, or distributed ledger, and in no way can be held responsible for failures that occur on the underlying blockchain due to, but not limited to, the following occurrences: network downtime, soft forks, hard forks, merges, DAO votes, 50%+1 attacks, double-spending instances or bugs, consensus failures, distributed denial of service attacks, key loss, key theft, wallet bugs, wallet code failure, and the like.
Always use caution when giving out any personally identifiable information in any service. THORSwap does not control or endorse the third-party content, messages, or information found in the THORSwap Service.
THORSwap may make available to you certain public data and other information (including, without limitation, information derived from public blockchain records), including information that we obtain from our agents. THORSwap makes this information available to you as a service for your convenience; THORSwap neither endorses nor approves any such information. THORSwap neither (1) guarantees the accuracy, timeliness, or completeness of any such information, nor (2) warrants any results from your use or reliance on such information. You agree that you use any such information at your own risk.
You agree that neither THORSwap nor its agents (including, without limitation, independent contractors or other service providers) will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any such information we provide to you. You agree that you will neither redistribute nor facilitate the redistribution of any such information, nor will you provide access to such information to anyone who is not authorized by THORSwap to receive such information.
The Site is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. These Terms are not intended to, and do not, create or impose any fiduciary duties on THORSwap. To the fullest extent permitted by law, you acknowledge and agree that THORSwap owes no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that THORSwap owes you are those set out expressly in these Terms.
Digital Assets may be subject to terms directly between buyers and sellers (or other parties, such as validators) with respect to a given Digital Asset (“Purchase Terms”) The parties in any of these third-party transactions are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. THORSwap is not a party to these transactions, and not responsible for reviewing such Purchase Terms.
For more information on terms relating to these third-party purchases, please see “Third-Party Content and Services” above.
We own all intellectual property and other rights related to the Site, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs.
The term THORSwap, along with any associated logos, are trademarks of THORSwap and its subsidiaries, all rights reserved. All other trademarks appearing on the Site or within the THORSwap Services are the property of their respective owners.
All information accessible through the Site or otherwise provided by Us is for informational purposes only and should not be construed as investment, tax, or legal advice. You should not take, or refrain from taking, any action based on any information contained within the Interface or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord content, news feeds, tutorials, tweets, and videos. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
We are not your broker, intermediary, agent or advisor and have no fiduciary relationship or obligation with you when you use the Services. We are not partners nor joint venturers with you, and nothing in these Terms shall be construed to make us your partner or joint venturer or impose any liability resulting from being your partner or joint venturer. We have no liability for any of your activities or decisions made while using the Services.
These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
THORSwap respects the intellectual property rights of others. It is our policy to respond promptly to any claim that content posted on the Site infringes the copyright or other intellectual property rights of any person. THORSwap will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act (“DMCA”) and these Terms, including removing or disabling access to content claimed to be infringing and/or terminating accounts and access to the Site.
The DMCA provides a process for a copyright owner to give notification to an online provider concerning alleged copyright infringement. When an effective DMCA Take-Down Notice is received, the online provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the party responsible for minting the removed content so that a Counter Notification may be filed if applicable. On receiving a valid Counter Notification, we generally restore the content in question, unless we receive notice from the DMCA notice provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. If you have any questions about your rights, copyright infringement, or the notification and counter-notification process under the Digital Millennium Copyright Act, we recommend that you speak with an attorney.
If you are a copyright owner or an agent thereof and believe that any Content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C. § 512 for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. *Providing URLs in the body of your DMCA notification is the best way to help us locate content quickly
- Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, and electronic mail address at which you (the complaining party) may be contacted.
- A statement that you (the complaining party) have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- **(Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material.
Any person who knowingly materially misrepresents that information or activity on the Site is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.
We will take reasonable steps to promptly inform you if your content has been taken down upon receipt of an effective DMCA Infringement Take-Down Notice. If you believe that the content that was removed or to which access was disabled is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to mint and use the material, you may send us a Counter Notification containing the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that you have a good faith belief that the material was removed or disabled as a result of a mistake or a misidentification of the material; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the U.S. district court in the state in which you reside (or the U.S. district court where our headquarters are located if your address is outside of the United States), and a statement that you will accept service of process from the person who provided notification of the alleged infringement to us.
You have ten (10) business days after receipt of a DMCA take-down Notice to send us an effective Counter Notification or the allegedly infringing material may not be restored.
Any person who knowingly materially misrepresents that material or activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.
You must submit your DMCA Take-Down Notice and Counter Notifications to us by email at the following email address: [email protected] with the following subject/heading for the email: “THORSwap DMCA Take Down Notice.”
DMCA Notices Must Comply With These Requirements
Official DMCA Notices must provide all the information described above in order to be effective. If your DMCA Notice is ineffective, we may ignore it and have no obligation to remove the allegedly infringing content.
Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with THORSwap and limits the manner in which you can seek relief from us.
To the fullest extent permitted by applicable law: You agree that any dispute or claim relating in any way to: your access, use, or attempted access or use of the Site; any products sold or distributed through the Site or other THORSwap Services; or any aspect of your relationship with THORSwap, will be resolved by binding arbitration rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or THORSwap may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You agree that any such arbitration shall be settled solely and exclusively by binding arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The tribunal shall consist of 1 arbitrator agreed to by the parties within twenty (20) business days of receipt by the respondent of the request for arbitration or, in default thereof, appointed by the Singapore International Arbitration Centre in accordance with its prevailing rules. The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. The language of the arbitration shall be English.
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Such an award is final and binding upon the parties.
Each party irrevocably submits to the jurisdiction and venue of such tribunal. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
You understand that by agreeing to this Arbitration Agreement, you and THORSwap are each waiving their right to trial by jury and to participate in a class action or class arbitration, to the fullest extent permissible by law.
If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to in full force and effect.
This Arbitration Agreement shall survive the termination of your relationship with THORSwap.
We may revise these Terms from time to time. If we make a change to these Terms that, in our sole discretion, is material, we will take steps to notify all users by a notice on the Site. By continuing to access or use the Site after those changes become effective, you agree to be bound by the revised Terms. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the THORSwap Services.
YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THORSWAP EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THORSWAP (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. THORSWAP DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THORSWAP 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 SITE. WHILE THORSWAP ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, THORSWAP CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES, OR OUR SITE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE THORSWAP PARTIES OR THROUGH THE SITE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD THORSWAP RESPONSIBLE FOR ANY BREACH OF SECURITY.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OR MISUSE OF THE THORSWAP SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR DIGITAL ASSETS.
DIGITAL ASSETS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). THORSWAP AND/OR ANY OTHER THORSWAP PARTY CANNOT GUARANTEE, EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSET OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.
THORSWAP DOES NOT MAKE ANY RECOMMENDATIONS WITH RESPECT TO THE VALUE OR FITNESS OF ANY PARTICULAR DIGITAL ASSETS(S), OR ANY THIRD-PARTY WEBSITES OR OTHER THORSWAP SERVICES THAT A USER MAY INTERACT WITH ON THE SITE OR OTHERWISE IN CONNECTION WITH THE USE OF THE SERVICES.
NO THORSWAP PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE SERVICES. NO THORSWAP PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE SERVICES, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE THORSWAP SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE THORSWAP SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU ACKNOWLEDGE THAT THORSWAP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS, AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT OF THE LAW. THORSWAP PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THORSWAP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THORSWAP OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, SERVICES OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT (I) SHALL THE MAXIMUM AGGREGATE LIABILITY OF THORSWAP ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO THORSWAP FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE OR (II) SHALL THORSWAP OR ITS AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE THORSWAP SERVICES, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY THORSWAP. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO THE LIABILITY OF THORSWAP FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THORSWAP GROSS NEGLIGENCE OR RECKLESSNESS; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF THORSWAP’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Because some jurisdictions prohibit the limitation of liability for consequential or incidental damages, in such jurisdictions the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of THORSwap and its agents, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
You accept and acknowledge:
- THORSwap does not provide legal, tax, regulatory, financial, accounting or other advice.
- The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of THORSwap Services and the utility of Digital Assets.
- Prices of Digital Assets and the validation of Digital Assets are subject to volatility and fluctuations. THORSwap shall have no liability for fluctuations in the value of any cryptocurrency, transaction, or any bundle of transactions, whether requested or provided.
- You acknowledge that the markets for Digital Assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time.
- You acknowledge that THORSwap is constantly improving its security measures against security breaches that might result in the loss of data. In such a case, THORSwap and its third-party partners responsible for the operation of the Site, Service or software shall not be liable to users for any damage caused.
- You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. THORSwap is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your Digital Assets.
- You represent and warrant that you have done sufficient research before making any decisions to utilize the Services.
- We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and THORSwap has no ability to reverse any transactions on the blockchain.
- Your participation in the Service involves the use of sophisticated hardware and/or software. THORSwap will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control and/or from the hardware used in the Service, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
- There are risks associated with using Internet and blockchain-based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that THORSwap will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the THORSwap Services or any blockchain network, however caused.
- The Site relies on third-party platforms, service providers and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share, suffers technological or functionality issues, or falls out of favor or is unavailable for a prolonged period of time, access to and use of the THORSwap Services is likely to suffer.
- You acknowledge that the Services involve novel technological innovations aimed at facilitating more efficient access to blockchains. Results depend on a multiplicity of factors. Therefore, the outcomes cannot be predicted, and no representations or warranties are made with respect to the Services. OUTCOMES ARE NOT GUARANTEED.
- You acknowledge that we are not responsible for any of these variables or risks, do not own or control the underlying blockchain itself, and cannot be held liable for any resulting losses that you experience while accessing or using the Site or Services.
- If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
- By accepting these Terms and using the Site or Services, you represent that you have the technical and financial knowledge, experience, and wherewithal to understand and undertake these risks.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless THORSwap, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “THORSwap Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site or Services (b) any feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of a third party, including another user, (e) any intellectual property disputes relating to your use of the THORSwap Services; and (f) your failure to pay any withholding taxes or sales taxes in connection with your use of the Services and any related activities. You agree to promptly notify THORSwap Parties of any third party Claims and cooperate with the THORSwap Parties in defending such Claims. You further agree that the THORSwap Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND THORSWAP.
NOTHING INCLUDED ON THE SITE CONSTITUTES AN OFFER OR SOLICITATION TO SELL OR DISTRIBUTE SECURITIES OR INVESTMENTS AND RELATED SERVICES TO ANYONE IN ANY JURISDICTION.
THE REGULATORY ENVIRONMENT CONCERNING DIGITAL ASSETS AND BLOCKCHAIN TECHNOLOGY CONTINUES TO DEVELOP. THE APPLICATION AND INTERPRETATION OF EXISTING LAWS AND REGULATIONS ARE OFTEN LARGELY UNTESTED AND THERE IS A LACK OF CERTAINTY AS TO HOW THEY WILL BE APPLIED. NEW LAWS AND REGULATIONS WILL BE PROMULGATED IN THE FUTURE THAT APPLY TO BLOCKCHAIN TECHNOLOGY AND DIGITAL ASSETS, AND RELATED SERVICE PROVIDERS, AND NO ASSURANCE CAN BE GIVEN THAT ANY SUCH CHANGES WILL NOT ADVERSELY AFFECT DIGITAL ASSETS GENERALLY, NFTS, OR CLUBS. IT IS NOT POSSIBLE TO PREDICT HOW SUCH CHANGES WOULD AFFECT THE PRICE AND LIQUIDITY OF DIGITAL ASSETS. WE MAY HAVE TO LIMIT THE AVAILABILITY OF CERTAIN SERVICES OR DISALLOW USERS BASED ON THEIR CITIZENSHIP, RESIDENCE OR LOCATION FROM ENGAGING IN THE SERVICES OR ACCESSING THE SITE IF DOING SO BECOMES COMMERCIALLY UNSUSTAINABLE OR LEGALLY PROHIBITED.
These Terms and your access to and use of the Site shall be governed by and construed and enforced in accordance with the laws of Singapore (without regard to conflict of law rules or principles of Singapore, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth in these Terms, shall be resolved in the courts of Singapore.
If you breach any of the provisions of these Terms, all licenses granted by THORSwap will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your ability to access the THORSwap Services or use the Site (or any part of the foregoing) at any time and for any or no reason, and 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.
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
You agree that a breach of these Terms will cause irreparable injury to THORSwap for which monetary damages would not be an adequate remedy and THORSwap shall, to the fullest extent permitted by applicable law, be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
You agree that you will not export or re-export, directly or indirectly, the THORSwap Services, and/or other information or materials provided by THORSwap hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the THORSwap Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the THORSwap Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by THORSwap or you. Termination will not limit any of THORSwap’s other rights or remedies at law or in equity.
These Terms constitute the entire agreement between you and THORSwap relating to your access to and use of the Site and the THORSwap Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of THORSwap, and THORSwap’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
You and THORSwap agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.