It's important for you to understand the disclaimer before trading or transacting using our services. We have included in more detail, the disclaimer in trading or transacting using our services. We advise you to take time to carefully read the disclaimer and to consider whether such trading and transacting on Bidesk is appropriate in your particular circumstances.
I. Disclaimer of Warranties/Guarantees
To the utmost degree permitted under applicable law, the services, any product and Bidesk materials, service or other item provided by or on behalf of Bidesk are provided on an “as is” and “as available” basis and Bidesk explicitly disclaims, and you forfeit, any and all other guarantees of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or guarantees arising from a course of performance, course of dealing or usage in trade or transaction. without limiting the foregoing, Bidesk does not represent or guarantee that the site, the services or Bidesk materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Bidesk does not guarantee that any order will be executed, accepted, recorded or remain open. except for the express statements set forth in this agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether oral or written, with respect to your use and access of the services. without limiting the foregoing, you hereby understand and agree that Bidesk will not be liable or responsible for any losses or damages arising out of or relating to; (i) any erroneous, inaccuracy, defect or omission of digital currency price data, (ii) any delay in the transmission of such data, (iii) disruption or Interruption In any such data and (iv) any damages incurred by another user’s actions, omissions or skips or violation of this agreement.
The disclaimer of implied warranties/guarantees contained herein may not apply if and to the extent it is prohibited by applicable law of the Jurisdiction In Which The User Reside.
II. Disclaimer of Damages and Limitation of Liability
To the utmost degree permitted by applicable law, in no event will Bidesk, its affiliates and their respective members, officers, directors, shareholders, employees, attorneys, agents, representatives, suppliers or contractors be liable or responsible for any incidental, indirect, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the services, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Bidesk and its affiliates, whether under contract, statute, strict liability or other theory even if Bidesk has been advised of the possibility of such damages, except to the extent of a final judicial determination that such damages were a result of Bidesk's gross negligence, willful misconduct, fraud or deliberate violation of law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Nevertheless the foregoing, in no event will the liability of Bidesk, its affiliates and their respective members, officers, directors, shareholders, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with the services, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Bidesk or its affiliates whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to Bidesk under this agreement in the period immediately preceding the event giving rise to the claim for liability.
You agree to indemnify and hold harmless Bidesk, its affiliates, licensors, contractors, and their respective directors, employees, officers and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including lawyer’s fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Service. If you are compelled to indemnify Bidesk, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, Bidesk will have the right, in its sole discretion, to control any action or proceeding and to determine whether Bidesk wishes to settle, and if so, on what terms.