Terms of Use
Updated May 11th, 2023
OUR CONTRACTS ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA (COLLECTIVELY, “US PERSONS”). MOREOVER, NONE OF OUR OTHER SERVICES ARE OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”). RESTRICTED TERRITORIES ARE DESIGNATED BY CABLES AND MAY BE CHANGED FROM TIME TO TIME AT ITS SOLE DISCRETION.
WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A US PERSON, THEN DO NOT ATTEMPT TO USE OUR CONTRACTS AND IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE ANY OF THE SERVICES, AS DEFINED BELOW. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.
These Terms of Use, together with any documents and additional terms they expressly incorporate by reference, which includes any other terms and conditions or other agreement that Cables (“Cables,” “we,” “us” and “our”) posts publicly or makes available to you or the company or other legal entity you represent (“you”, “your”, “users” or “user”) (collectively, these “Terms”), are entered into between Cables and you concerning your use of, and access to, Cables’ websites, including cables.finance; cables.exchange; web applications; mobile applications; and all associated sites linked thereto by Cables or its affiliates (collectively with any materials and services available therein, and successor website(s) or application(s) thereto, the “Platform” or “Site”).
Accessing, browsing or using this interface and/or acknowledging agreement to the Terms is construed to be acknowledgement that you have read, understood and accepted all the applicable Terms and the Privacy Policy.
The Cables product may or may not be available in your jurisdiction. Cables reserves the right to restrict or offer services in certain jurisdictions in its sole and absolute discretion with or without notice to you. Users in these restricted territories are prohibited and should not attempt to access or use the Cables product. Cables does not interact with wallets from Restricted Territories.
Each user is responsible for complying with all the laws and regulations which may apply to them and their use/access of the Platform. Users are prohibited from using Cables Platform or Services if such use will violate or facilitate the violation of any applicable laws or regulations, or otherwise contribute to any illegal activity.
Cables makes no representations or warranties that its product, Service or Platform is appropriate and acceptable in all jurisdictions. Access or use of our Platform or Services in a jurisdiction or country in which it would be contrary to the existing law or regulation, is prohibited. Further access or use of our Platform if it would subject us to the laws of or require any registration in such jurisdiction is prohibited.
These Terms govern your use of the Site and access to the order book; matching engine; smart contracts; decentralized applications; APIs; all other software that Cables has developed for trading cryptocurrencies and other blockchain-based assets (“Digital Assets”) (collectively the “Services” or “Platform”). These Terms expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Site and the Services. By clicking “I agree” (or a similar language) to these Terms, acknowledging these Terms by other means, or otherwise accessing or using the Site or the Services, you accept and agree to be bound by and to comply with these Terms, including, without limitation, the mandatory arbitration provision in Section 15. If you do not agree to these Terms, then you must not access or use the Site or the Services.
Please carefully review the disclosures and disclaimers set forth in Section 12 in their entirety before using any software developed by Cables. The information in Section 12 provides important details about the legal obligations associated with your use of the Services. By accessing or using the Site or the Services, you agree that Cables does not provide execution, settlement, or clearing services of any kind and is not responsible for the execution, settlement, or clearing of transactions automated through the Services.
1. MODIFICATIONS TO THESE TERMS
We reserve the right, in our sole discretion, to modify these Terms from time to time. Further, Cables reserves the right to expand or restrict the scope of the Services at any time. Unless we state otherwise in our notice, all such modifications are effective immediately, and your continued use of the Platform after an amended version is made available online will confirm your acceptance of the changes. If you do not agree to the amended Terms, then you must stop using the Site and the Services.
2. USE OF SERVICES
2.1 As a condition to accessing or using the Services or the Site, you represent and warrant to Cables the following:
if you are entering into these Terms as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them;
if you are entering into these Terms as an entity, then you must have the legal authority to accept these Terms on that entity’s behalf, in which case “you” (except as used in this paragraph) will mean that entity;
if you are entering into these Terms to access Perpetual Contracts or will in the future access Perpetual Contracts, then you are not a US Person;
You are neither a citizen nor a resident nor organized under the laws of a sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the Financial Action Task Force (FATF), nor are you a citizen/resident of Northern Mariana Islands, U.S. Virgin Islands, United States, British Columbia (Canada), United Kingdom, Guam, Myanmar, Cuba, Syria, Puerto Rico, Singapore, North Korea, Russia, Iran and Saint Vincent and the Grenadines (collectively, “Restricted Territories”), or any country or jurisdiction where such use would be contrary to local law or regulation. Nor do you use a wallet affiliated with these regions to access Cables. We may limit access or availability of Cables based on citizenship, residence or location as we see fit;
you are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations (collectively, “Sanctioned Persons”);
you do intend to transact with any Restricted Person or Sanctioned Persons;
you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services;
your access to 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 Cables, the Platform or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); or (b) contribute to or facilitate any illegal activity;
You are ultimately responsible for your actions/interactions on the Platform;
You will not orchestrate or execute any harm to the Platform;
By using or accessing the Platform, you represent and warrant that you understand that there are inherent risks associated with virtual currency, and the underlying technologies including, without limitation, cryptography and blockchain, and you agree that Cables is not responsible for any losses or damages associated with these risks. You specifically acknowledge and agree that the Platform facilitates your interaction with decentralized networks and technology and, as such, Cables has no control over any blockchain or virtual currencies and cannot and does not ensure that any of your interactions will be confirmed on the relevant blockchain and do not have the ability to effectuate any cancellation or modification requests regarding any of your interactions; and
You understand that the markets for blockchain-based digital assets are highly volatile due to factors including, but not limited to, adoption, speculation, technology, security and regulation. You acknowledge that the speed, as well as the associated costs of transacting on a blockchain based system is variable and may change drastically. As such, you agree and acknowledge that Cables bears no responsibility for variables or risks that may or may not be associated with the Platform, and cannot be held responsible or liable for any consequential losses that might be experienced through the use of the Platform.
2.2 As a condition to accessing or using the Platform you acknowledge, understand, and agree to the following:
from time to time the Site and the Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that Cables or any of its suppliers or contractors may undertake from time to time; (c) causes beyond Cables’s control or that Cables could not reasonably foresee; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party service providers or external partners for any reason;
we reserve the right to disable or modify access to the Site and the Services at any time in the event of any breach of these Terms, or if we believe you fail to satisfy the eligibility requirements herein including, without limitation, if we reasonably believe any of your representations and warranties may be untrue or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Site or the Services being inaccessible to you at any time or for any reason;
the Site and the Services may evolve, which means Cables may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time in its sole discretion;
the pricing information provided on the Platform does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with Cables;
Cables does not act as an agent for you or any other user of the Site or the Services;
you are solely responsible for your use of the Services, including all of your transfers of Digital Assets;
The pricing information data provided through the Cables Platform does not constitute an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into/conduct a transaction on the Platform;
Cables neither owns nor controls any underlying software on which blockchain networks are formed, and therefore is not responsible for them and their operation;
You understand that information on the Cables Platform may not always be completely accurate, complete or current, and may include technical inaccuracies and typographical errors. Thus, users have a duty to verify all information before relying on it, and all decisions made based on the information contained on the Cables Platform or relevant tools are your sole responsibility;
to the fullest not prohibited by Applicable Law, 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, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities;
you are solely responsible for reporting and paying any taxes applicable to your use of the Services;
Cables neither represents nor warrants that the Platform or any related feature or product/information is accurate, complete, reliable, current or free of error;
You acknowledge and understand that no advice, information or statement we make should be treated as creating a warranty of/for the Platform;
Cables does not endorse, guarantee or assume responsibility for any advertisements or publications, offers or statements made by any third party concerning the Cables Platform
You understand that all information on the Cables platform is provided for informational purposes and should not be construed as professional advice. It is your responsibility to seek professional independent advice from a licensed and qualified individual in the relevant field, prior to making any financial, legal or other decisions related to the Cables Platform; and
we have no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so, and if you experience a problem with any transactions in Digital Assets using the Services, then you bear the entire risk.
2.3 As a condition to accessing or using the Services or the Site, you covenant to Cables the following:
in connection with using the Services, you only will transfer legally-obtained Digital Assets that belong to you;
you will obey all Applicable Laws in connection with using the Services, and you will not use the Site or the Services if the laws of your country, or any other Applicable Law, prohibit you from doing so;
any Digital Assets you use in connection with the Services are either owned by you or you are validly authorized to carry out actions using such Digital Assets;
in addition to complying with all restrictions, prohibitions, and other provisions of these Terms, you will (a) ensure that, at all times, all information that you provide on the Site and during your use of the Services is current, complete, and accurate; and (b) maintain the security and confidentiality of your private keys associated with your public address, passwords, API keys, private keys associated with your service account (Private keys) and other related credentials.
3. FEES AND PRICE ESTIMATES
In connection with your use of the Services, you are required to pay all fees necessary for interacting with the blockchain, including “gas” costs, as well as all other fees reflected on the Site at the time of your use of the Services. Although we attempt to provide accurate fee information, this information reflects our estimates of fees, which may vary from the actual fees paid to use the Services and interact with the blockchain.
4. NO PROFESSIONAL ADVICE OR FIDUCIARY DUTIES
All information provided in connection with your access and use of the Site and the Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the Site 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. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
5. PROHIBITED ACTIVITY
You may not use the Services to engage in the categories of activity set forth below (“Prohibited Uses”). The specific activities set forth below are representative, but not exhaustive, of Prohibited Uses. If you are uncertain as to whether or not your use of the Services involves a Prohibited Use or have other questions about how these requirements apply to you, then please contact us at legal@cables.finance.
By using the Site or Services, you confirm that you will not use the Site or Services to do any of the following:
violate any Applicable Laws including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and sanctions programs, such as, without limitation, the Bank Secrecy Act and the U.S. Department of Treasury’s Office of Foreign Asset Controls;
Breach any of the Terms;
engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under Applicable Law, including but not limited to, sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Cables’s intellectual property, name, or logo, including use of Cables’s trade or service marks, without express consent from Cables or in a manner that otherwise harms Cables; any action that implies an untrue endorsement by or affiliation with Cables;
use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Site or the Services in any manner;
circumvent any content-filtering techniques, security measures or access controls that Cables employs on the Site, including, without limitation, through the use of a VPN;
use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Services or to extract data, or introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site or the Services;
provide false, inaccurate, or misleading information while using the Site or the Services or engage in activity that operates to defraud Cables, other users of the Services, or any other person;
use or access the Site or Services to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
use the Site in any way that is, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, or otherwise objectionable or likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others;
use the Site or the Services from a jurisdiction that we have, in our sole discretion, determined is a jurisdiction where the use of the Site or the Services is prohibited;
harass, abuse, or harm of another person or entity, including Cables’s employees and service providers;
impersonate another user of the Services or otherwise misrepresent yourself;
Attempt to obtain the private key, password, or other security information of another Cables Platform user, or from any other user in attempt to facilitate your use of the or
encourage, induce or assist any third party, or yourself attempt, to engage in any of the activities prohibited under this Section 5 or any other provision of these Terms.
6. CONTENT
You hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium, or manner, any content that is available to other users as a result of your use of the Site or the Services (collectively, “Your Content”), including, without limitation, for promoting Cables, its affiliates, the Services or the Site. You represent and warrant that (a) you own Your Content or have the right to grant the rights and licenses in these Terms; and (b) Your Content and our use of Your Content, as licensed herein, does not and will not violate, misappropriate or infringe on any third party’s rights.
7. PROPRIETARY/ INTELLECTUAL PROPERTY RIGHTS
7.1 The Site and the Services are governed by the most recent version of the open-source license commonly known as the “Apache License 2.0,” a copy of which (as it applies to the Site and the Services) can be found at https://github.com/Cablesprotocol/solo/blob/master/LICENSE (as of the date these Terms were last updated) and any other applicable licensing terms for the Site and the Services in these Terms (collectively, the “Cables License”). You acknowledge that the Site or the Services may use, incorporate or link to certain open-source components and that your use of the Site or Services is subject to, and you will comply with any, applicable open-source licenses that govern any such open-source components (collectively, “Open-Source Licenses”). Without limiting the generality of the foregoing, you may not (a) resell, lease, lend, publish, copy, modify, license, share, distribute, or otherwise permit any third party to use the Site or the Services; (b) use the Site or the Services for time-sharing or service bureau purposes; or (c) otherwise use the Site or the Services in a manner that violates the Cables License or any other Open-Source Licenses. Use or access of the Cables platform is not a grant to you of any proprietary intellectual property right or other similar rights in Cables.
7.2 Excluding the open-source software described in Section 7.1 or third-party software that the Site or the Services incorporates, as between you and Cables, Cables owns the Site and the Services, including all technology, content, and other materials used, displayed, or provided on the Site or in connection with the Services (including all intellectual property rights subsisting therein), and hereby grants you a limited, revocable, non-transferable, license to access and use those portions of the Site and the Services that are proprietary to Cables. Users will retain ownership of all intellectual property and other similar rights in any information uploaded/submitted on the Cables Platform. User acknowledges and agrees that by uploading such information and materials on the Cables Platform, user grants Cables a worldwide, royalty free, irrevocable license to use, copy, distribute, publish and send this data in any way, in accordance with applicable regulations and laws.
7.3 Any of Cables’s product or service names, logos, and other marks used on the Site or as a part of the Services, including Cables's name and logo are trademarks owned by Cables, its affiliates, or its applicable licensors. You may not copy, imitate, or use them without the prior written consent of Cables or the applicable licensors, and these Terms do not grant you any rights in those trademarks. You may not remove, obscure, or alter any legal notices displayed in or along with the Services.
7.4 The Services are non-custodial. When you deposit Digital Assets into an account in any Cables-developed smart contract, you retain control over those Digital Assets at all times. The private key associated with the address from which you transfer Digital Assets and/or the private key associated with the service account is the only private key that can control the Digital Assets you transfer into the Cables-developed smart contracts. In some cases, you may withdraw Digital Assets from any Cables-developed smart contract only to the address from which you deposited the Digital Assets.
8. LINKS
The Services provide, or third parties may provide, links to other World Wide Web or accessible sites, applications, or resources. You acknowledge and agree that Company is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
9. MODIFICATION, SUSPENSION, AND TERMINATION
We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable (temporarily or permanently) the Services, in whole or in part, for any reason whatsoever. Upon termination of your access, your right to use the Services will immediately cease. We will not be liable for any losses suffered by you resulting from any modification to any Services or from any modification, suspension, or termination, for any reason, of your access to all or any portion of the Site or the Services. The following sections of these Terms will survive any termination of your access to the Site or the Services, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive: Sections 7 through 17.
10. RISKS
10. By utilizing the Services or interacting with the Site in any way, you represent and warrant that you understand, expressly acknowledge and assume all the inherent risks associated with cryptographic systems and blockchain-based networks; Digital Assets, including the usage and intricacies of native Digital Assets, like ether (ETH); smart contract-based tokens; and systems that interact with blockchain-based networks. Cables does not own or control any of the underlying software through which blockchain networks are formed. In general, the software underlying blockchain networks, including the blockchain, is open source, such that anyone can use, copy, modify, and distribute it. By using the Services, you acknowledge and agree (a) that Cables is not responsible for the operation of the software and networks underlying the Services, (b) that there exists no guarantee of the functionality, security, or availability of that software and networks, and (c) that the underlying networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the Services. Blockchain networks use public/private key cryptography. You alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to Digital Assets on the blockchain or other blockchain-based network. Neither Cables nor any other person or entity will be able to retrieve or protect your Digital Assets. If your private key(s) are lost, then you will not be able to transfer your Digital Assets to any other blockchain address or wallet. If this occurs, then you will not be able to realize any value or utility from the Digital Assets that you may hold. This Risk Notice is for your general information. You should not engage with Cables if you are unfamiliar with digital assets and the risks associated. This includes how assets are created, how the assets you intend to transact are transferred. Further, you expressly waive and release Cables, its affiliates, directors, shareholders and employees from any and all liability, claims, causes of action, or damages arising from or in connection with your use of Cables. Educate yourself on the risks associated with digital asset trading, and seek advice from an independent financial, tax or legal advisor if you have any questions and before engaging to determine the suitability for you.
10.2 The Services and your Digital Assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability of Cables to continue to make available its proprietary software and, thus, could impede or limit your ability to access or use the Services. There may be a change in the laws and regulations that may pose restrictions on our offering. It is your responsibility to ensure you comply with all laws, regulations and restrictions of your jurisdiction before accessing and using Cables.
10.3 You acknowledge and understand that cryptography is a progressing field with advances in code cracking or other technical advancements, such as the development of quantum computers, which may present risks to Digital Assets and the Services, and could result in the theft or loss of your Digital Assets. To the extent possible, we intend to update Cables-developed smart contracts related to the Services to account for any advances in cryptography and to incorporate additional security measures necessary to address risks presented from technological advancements, but that intention does not guarantee or otherwise ensure full security of the Services. Use of Cables constitutes acceptance of the following non-exhaustive risks associated with smart contracts, decentralized exchanges, digital assets and blockchain technology: Technical flaws; Forked versions of digital assets; Cyber or malicious attacks; Market manipulation; Fluctuating value of digital assets; Acts or omissions of digital asset or stablecoin issuers; Incorrect, delayed or flawed data that my misinform trading or price discovery and Change in consensus protocol or algorithms.
10.4 You understand that the blockchain remains under development, which creates technological and security risks when using the Services in addition to uncertainty relating to Digital Assets and transactions therein. You acknowledge that the cost of transacting on the blockchain is variable and may increase at any time causing impact to any activities taking place on the blockchain, which may result in price fluctuations or increased costs when using the Services. Availability of Cables and/or the information we provide is not, and should not be construed to be, an offer or recommendation to trade any digital asset. Digital asset trading carries a high level of risk that may not be suitable for all. The value of digital assets can fluctuate and there may be substantial risk of loss, illiquidity, devolution or lockup. You may not be able to recover any or all of the assets lost.
10.5 You acknowledge that the Services are subject to flaws and that you are solely responsible for evaluating any code provided by the Services or Site. This warning and others Cables provides in these Terms in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Services or accessing the Site.
10.6 Although we intend to provide accurate and timely information on the Site and during your use of the Services, the Site and other information available when using the Services may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site or as part of the Services are your sole responsibility. No representation is made as to the accuracy, completeness, or appropriateness for any particular purpose of any pricing information distributed via the Site or otherwise when using the Services. Prices and pricing information may be higher or lower than prices available on platforms providing similar services.
10.7 Any use or interaction with the Services requires a comprehensive understanding of applied cryptography and computer science to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of Digital Asset on the Site or otherwise during the use of the Services does not indicate our approval or disapproval of the technology on which the Digital Asset relies, and should not be used as a substitute for your understanding of the risks specific to each type of Digital Asset. There are risks associated with your conduct or the conduct of third parties which may lead to negative consequences for you. You, and not Cables, are completely liable for the risks which include, but are not limited to: (i) your lack of knowledge of/failure to familiarize yourself with Cables and its product suite; (ii) disclosure of your wallet information or other confidential credentials to third parties; (iii) unauthorized access by a third party to the device on which you access Cables; (iv) failing to monitor and check your activity on Cables; and (v) any other force-majeure circumstances on your part. You acknowledge and understand that you are solely responsible for all trades and this includes any you may have placed out of error. Cables will not remedy erroneous trades as a result of your actions.
10.8 Use of the Services, in particular for trading Digital Assets, borrowing or supplying Digital Assets, may carry financial risk. Digital Assets are, by their nature, highly experimental, risky, and volatile. Transactions entered into in connection with the Services are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Site and the Services at your own risk. The risk of loss in trading Digital Assets can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. By using the Services, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying Digital Assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the Services or any Digital Asset. You accept all consequences of using the Services, including the risk that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Services for performing Digital Asset transactions.
10.9 We must comply with Applicable Law, which may require us to, upon request by government agencies, take certain actions or provide information, which may not be in your best interests.
10.10 You hereby assume all risks at present or in future, associated with the Cables Platform , and agree that Cables will have no responsibility or liability for the risks set forth in this Section 10. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Cables, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives, suppliers, and contractors related to any of the risks set forth in this Section 10.
11. INDEMNIFICATION & LIMITATION OF LIABILITY
You will defend, indemnify, and hold harmless Cables, its affiliates, and its affiliates’ respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your use of, or conduct in connection with, the Site or the Services (including, without limitation, the service); (b) Digital Assets associated with your address; (c) any feedback or user content you provide to Cables, if any, concerning the Site or the Services; (d) your violation of these Terms; or (e) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, Cables (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Cables wishes to settle, and if so, on what terms, and you agree to corporate with Cables in the defense.
With regard to the your use of the Cables Platform, Cables shall not be liable to users or to any third party for any acts or omissions in the performance of services on the part of Cables or on the part of the agents or employees of the Company, except when said acts or omissions of Cables are due to willful misconduct, gross negligence, or illicit activities. For the avoidance of doubt, under no circumstances shall Cables be liable to you or to any third party with respect to the infringement of any third party’s intellectual property rights, and Cables expressly disclaims and makes no representations and warranties regarding any intellectual property matters. Further, under no circumstances shall Cables be liable to you or to any third party with respect to the loss of cryptocurrency stored by you or third party utilizing Cable’s technology or services. Cables shall not be liable to you or any third party on any theory of liability, whether in an equitable, legal, or common law action arising hereunder for contract, strict liability, tort (including negligence), or otherwise, for damages which, in the aggregate, exceed the amount of fees paid by user for the services which gave rise to such damages or for any special, incidental, indirect, exemplary, punitive, consequential or similar damages of any kind and however caused, including but not limited to business interruption or loss of profits, business opportunities, or goodwill, even if notified of the possibility of such damage.
12. DISCLOSURES; DISCLAIMERS
Cables does not operate a derivatives exchange platform. You understand that Cables is not registered or licensed by the CFTC, SEC, or any financial regulatory authority. No financial regulatory authority has reviewed or approved the use of the Cables-developed open-source software. The Site and the Cables-developed open-source software do not constitute advice or a recommendation concerning any commodity, security, or other Digital Asset or instrument. Cables is not acting as an investment adviser or commodity trading adviser to any person or entity.
You understand that Cables does not have access to your private key and cannot initiate an interaction with your virtual currency or otherwise access your virtual currency through your private key. Cables is not responsible for any activities or transactions conducted when using your wallet. Further, Cables does not represent nor does it guarantee that any information made available on the Platform is accurate, reliable, current, or complete. Information provided for prices, liquidity or staking is provided by an affiliate party/ or provided for instructional purposes. Your use of any third-party scripts, indicators, ideas and other content is your risk to bear entirely.
To the maximum extent permitted under Applicable Law, the Site and the Services (and any of their content or functionality) provided by or on behalf of us are provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the Platform or the Services (including any data relating thereto) will be uninterrupted, available at any particular time, or error-free. Further, we do not warrant that errors in the Platform or the Service are correctable or will be correctable.
Cables is not responsible for safeguarding, or maintaining user’s private keys or any virtual currency associated with it. If you lose, mishandle or have stolen associated virtual currency private keys, you acknowledge that you may be unable to recover associated virtual currency and that Cables is not and will not be responsible for any loss. By use of the Cables Platform, you acknowledge that Cables is not responsible for any loss, damage or liability as a result of your failure to comply with the terms.
You acknowledge that your data on the Platform may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third-party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.
The disclaimer of implied warranties contained herein may not apply if and to the extent such warranties cannot be excluded or limited under the Applicable Law of the jurisdiction in which you reside.
13. EXCLUSION OF CONSEQUENTIAL AND RELATED CLAIMS
In no event shall Cables, its affiliates, its suppliers and contractors, and its and its affiliates’, suppliers’ and contractors’ respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, the “Risk Limited Parties”) be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of fiat, assets, data, information, revenue, opportunities, use, goodwill, profits or other business or financial benefit) arising out of or in connection with the Site and the Services (and any of their content and functionality, including, without limitation, the service), any execution or settlement of a transaction, any performance or non-performance of the Services, your Digital Assets or any other product, service or other item provided by or on behalf of Cables, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not we have been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder nor is Cables in any way responsible for the execution or settlement of transactions between users of Cables-developed open-source software.
14. LIMITATION OF LIABILITY
In no event shall Cables’s aggregate liability (together with its affiliates, including its and its affiliates’ respective stockholders, members, directors, managers, officers, employees, attorneys, agents, representatives, suppliers, or contractors) arising out of or in connection with the Site and the Services (and any of their content and functionality), any performance or nonperformance of the Services, your Digital Assets or any other product, service or other item provided by or on behalf of Cables, whether under contract, tort (including negligence), civil liability, statute, strict liability or other theory of liability exceed the amount of fees paid by you to Cables under these Terms, if any, in the twelve (12) month period immediately preceding the event giving rise to the claim for liability.
15. DISPUTE RESOLUTION & ARBITRATION
For any dispute or claim that you have against Cables or relating in any way to the Services, you agree to first contact Cables and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Cables by email at legal@cables.finance. The Notice must (a) include your name, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. Cables reserves the right to immediately submit any such dispute or claim to arbitration.
Any dispute, controversy or claim arising out of or relating to or in connection with this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The number of arbitrators shall be one. The seat of the arbitration will be New York, NY. The language to be used in the arbitral proceedings will be English. The cost of the proceeding shall be borne 50% by each Party.
Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof and for that purpose, the Parties hereto consent to the jurisdiction and venue of an appropriate state or federal court located in the state of New York. Except as may be required by law, neither party, nor arbitrator, may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. In the event that any dispute results from or arises out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing Party's reasonable attorney's fees and costs, in addition to any other relief to which the prevailing Party may be entitled.
16. GOVERNING LAW
The interpretation and enforcement of these Terms, and any dispute related to these Terms, the Site or the Services, will be governed by and construed and enforced under the laws of the State of Delaware, as applicable, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that any legal action or proceeding arising out of or relating to these Terms shall be instituted according to the dispute resolution and arbitration clause. We may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. For any other proceeding that is not subject to arbitration under these Terms, the state and federal courts located in Delaware will have exclusive jurisdiction. You waive any objection to venue in any such courts.
17. GENERAL INFORMATION
17.1 Please refer to our Privacy Policy, which is incorporated herein by reference and available at https://Cables.exchange/privacy, for information about how we collect, use, share and otherwise process information about you.
17.2 You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with these Terms or any Services. You agree that we may provide our Communications to you by posting them on the Site or by emailing them to you at the email address you provide in connection with using the Services, if any. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact us with questions, complaints, or claims concerning the Services at legal@cables.finance.
17.3 Any right or remedy of Cables set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under Applicable Law, at law, or in equity. The failure or delay of Cables in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
17.4 The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
17.5 We will have no responsibility or liability for any failure or delay in performance of the Site or any of the Services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
17.6 You may not assign or transfer any right to use the Site or the Services, or any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
17.7 Headings of sections are for convenience only and shall not be used to limit or construe such sections.
17.8 These Terms contain the entire agreement between you and Cables, and supersede all prior and contemporaneous understandings between the parties regarding the Site and the Services.
17.9 In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
17.10 You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to the Agreement other than the Indemnified Parties.
17.11 Changes can be made any time to these terms and conditions without notice. The changes will be made effective and deemed co opted with continued use of the Continued use of the Platform is considered acceptance of these changes. If at any time a Platform user disagrees with any of the terms and conditions of the Cables Platform, the duty/obligation is on the user to terminate their account.