PrimaX shall maintain full custody of assets, funds, and user data/information, which may be disclosed to government authorities in the event of suspension or termination of your account resulting from fraud investigations, legal investigations, or violations of these Terms.
All warranties, conditions, or provisions (express, implied, statutory, or otherwise), including, without limitation, those relating to quality, merchantability, fitness for purpose, or uninterrupted, error-free access, are expressly excluded with respect to the Site and the Platform to the maximum extent permitted by law.
To the fullest extent permitted by applicable law, you release us, our Company, officers, directors, shareholders, employees, partners, attorneys, contractors, service providers (collectively, the “Indemnified Parties”), from any and all charges, bills, payments, debts, suits, claims, and damages of any kind arising out of or in any way connected with the use of the Site or Platform. This includes, without limitation, claims relating to negligence, gross negligence, willful interference with contracts or business relationships, defamation, privacy violations, publicity, misrepresentation, fraudulent identities, fraud by others, intrusion into privacy, personal data misuse, failed trades or purchases, malfunctioning of the Platform, unavailability of the Site, Platform, third-party content or any account, their functions, and any other technical failures causing inaccessibility. It further includes complaints regarding secondary liability for torts, fraud, hacking, theft or misuse of personal information, and related misconduct.
The foregoing list is illustrative only and not exhaustive. It is the intent of the parties that this release shall be construed broadly in our favor, and any ambiguity shall be resolved to exclude the broadest range of claims. This release constitutes a full waiver of claims, and the parties acknowledge its legally binding nature and the rights they waive in connection therewith.
Under no circumstances shall we or any of the Indemnified Parties be liable to you or any other person for any damages arising out of the use or inability to use the Platform, Site, third-party content, or any account, whether such damages are direct, indirect, special, incidental, or consequential in nature. This includes, without limitation, damages relating to trading losses, loss of information, business interruption, lost profits, lost savings, loss of data, or contractual obligations, whether arising from negligence, strict liability, or otherwise.
We shall not be liable for failure to perform any obligations under these Terms due to events beyond our reasonable control, and the time for performance shall be extended by a period equal to the duration of such events. Events beyond our control include, without limitation: natural disasters, wars, riots, arson, civil disturbances, strikes, labor disputes, equipment failures, banking failures, collapse or fluctuations of the virtual currency market, failures in credit or debit card transaction processing, fires, floods, earthquakes, hurricanes, tropical storms or other natural catastrophes, shortages of labor or materials, shortages of transportation, facilities, fuel, energy, government regulations or restrictions, acts of civil or military authorities or terrorism, fiber-optic disruptions, adverse weather, third-party failures, technical issues including hardware and software malfunctions, telecommunications or information infrastructure failures, hacking, spam attacks, vandalism, theft, telephone disruptions, power outages, internet disruptions, viruses, and mechanical breakdowns.
We disclaim all liability for losses or damages caused by transmission errors, technical malfunctions, breakdowns, interruptions, or unlawful interference with transmission networks, IT systems/computers of the user or any third party (including public systems).
The Platform and Site, including all content (including third-party content), features, and any related services, are provided strictly on an “as is” and “as available” basis, solely at the user’s risk and without any representations or warranties. We do not warrant that the entire Platform or any part of it will be available to the user at all times.
Each user acknowledges and accepts the risks that may arise from Internet-based transactions conducted through open systems accessible to anyone, and acknowledges that despite data encryption, the connection of the user’s personal computer or mobile electronic device to the Platform via the Internet may be subject to observation. We may also use servers and other computer equipment located in any jurisdiction worldwide to provide any part of the Platform.