Liability

THIS SECTION IS OF UTMOST IMPORTANCE - PLEASE READ IT IN FULL

To the fullest extent allowed by law, the Association disclaims all liability for

  • any actions taken based on the information provided or through the use of its Interface.

  • for direct or consequential losses or damages arising from accessing and using the Interface and thereby interacting with the Protocol. Notably, the Association bears no responsibility for losses stemming from technical and economic vulnerabilities.

VISITORS ARE SOLELY RESPONSIBLE FOR THEIR ACTIONS AND ACCEPT ALL ASSOCIATED RISKS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USERS OF THE INTERFACE HEREBY EXPRESSLY RELEASE THE ASSOCIATION FOR ANY RESPONSIBILITY OR LIABILITY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, MISREPRESENTATION, RESTITUTION, BREACH OF TRUST, BREACH OF FIDUCIARY DUTY OR OTHERWISE, FOR ANY CLAIMS, DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, INCIDENTAL, ACTUAL, EXEMPLARY, PUNITIVE OR SPECIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS, INVESTMENT OPPORTUNITIES, DATA USE, GOODWILL OR OTHER INTANGIBLE LOSSES) REGARDLESS OF WHETHER THE ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES, ARISING OUT OF OR IN CONNECTION WITH:

  • The use of the Interface.

  • Interactions with the Protocol through the Interface

  • Any reliance on or decisions made based on the information displayed on the Interface.

  • A breach of the regulatory framework applicable to a user's situation.

  • Any acts, omissions, statements, or representations made by any third party.

  • The Interface's failure to operate consistently, especially due to downtime, and the resulting inability for the user to access its functionalities.

THE ASSOCIATION CANNOT BE HELD RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INFORMATION THAT REVEAL TO BE UNTRUE OR THAT BECOMES INACCURATE OR MISLEADING CONCERNING THE INTERFACE OR PROTOCOL OR CRYPTO ASSETS LISTED THEREON, BE IT CONTAINED ON THE WEBSITE OR ELSEWHERE AND PROVIDED BY THE ASSOCIATION ITSELF OR THIRD PARTIES. YOU HEREBY FULLY RELEASE THE ASSOCIATION FOR ANY SUCH INFORMATION, PROVIDED IT DOES NOT RESULT FROM ITS FRAUD.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE ASSOCIATION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, MISREPRESENTATION, RESTITUTION, BREACH OF TRUST, BREACH OF FIDUCIARY DUTY OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS EXCEED CHF 100.

YOU AGREE THAT ANY CLAIM FILED MORE THAN ONE (1) MONTH AFTER THE DISCOVERY OF THE ALLEGED LIABILITY OF THE ASSOCIATION SHALL BE TIME-BARRED.

The Association shall not be held liable for any failure to perform. It shall not accept responsibility for any ensuing damage, loss, delay, or inconvenience caused by circumstances beyond its reasonable control, such as force majeure events as specified below. No such inability to perform or delay shall invalidate the remainder of this agreement.

Constitutes a force majeure event any event which is neither foreseeable nor objectively attributable to the Association and which is objectively likely to delay the performance of its contractual obligations, including but not limited to natural phenomena, government measures, acts of terrorism, demonstrations, fires, explosions, floods, epidemics, pandemics, factory blockages, telecommunication problems, internet unavailability, strikes or other labor disputes (whether or not such disputes involve the parties’ employees), accidents, plant breakdowns, impediments or delays by carriers, impossibility or delay in obtaining supplies or appropriate and necessary equipment, seizures, sequestrations or other measures taken by or on the order of a competent authority and all other acts.

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