❗Terms of Use
These Terms of Use ("Terms") govern your ("User", "you", "your") access to and use of the services provided by MevX, including but not limited to web and mobile applications, bots, channels, and groups ("Services").
ACCEPTANCE OF AGREEMENT
THESE TERMS ESTABLISH THE LEGALLY BINDING CONDITIONS FOR YOUR USE OF THE SERVICES, INCLUDING ALL RELATED TOOLS, WEB AND MOBILE APPLICATIONS, SMART CONTRACTS, AND APIS ("PLATFORM"). BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICES. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
Notice: These Terms include an arbitration clause for dispute resolution, which affects your legal rights.
By accessing, submitting information to, or using the Services, or by signing in using a Wallet, you agree to comply with all applicable laws, including tax and tariff regulations. In accordance with GDPR, users in the EU consent to the processing of personal data as necessary for these Terms and the Services. If you disagree with these Terms, please discontinue using the Services. This Agreement is referred to herein as the "Agreement."
AMENDMENTS
MevX may revise this Agreement and its Privacy Policy at any time, with reasonable notice at MevX's sole discretion. Updates will be posted on the Service. Users are encouraged to regularly review this Agreement and the Privacy Policy for any changes. By continuing to use the Platform or Service after such notice, you accept and agree to the revisions. If you disagree with any changes, you must stop using the Platform and Service immediately.
3. DEFINITIONS AND INTERPRETATION
3.1. Defined Terms. Unless the context otherwise dictates, the following terms in this Agreement will be interpreted as follows:
“Affiliate” refers to any entity or person that, directly or indirectly, controls, is controlled by, or is under common control with a party. This includes, but is not limited to, individuals, firms, corporations, partnerships (general, limited, or limited liability), limited liability companies, and other similar entities.
“Applicable Law” encompasses all relevant federal and state legislation.
“Business Day” denotes any day that is not a Saturday, Sunday, or legal holiday.
“Profile Information” consists of the details provided by a User during the registration process for the Service, including, where applicable, the wallet address, name, address, and the username and password used to access the Service.
“Wallet” means a digital wallet on any chains used by Users to buy, store, and manage cryptocurrencies and tokens, and to conduct transactions on all chains.
3.2. Interpretation. References to Sections and Appendices should be interpreted as referring to the Sections and Appendices of this Agreement, unless specified otherwise. Words in the singular form include the plural, and vice versa. Terms such as “hereof,” “herein,” and “hereunder” refer to this Agreement as a whole. The terms “include” and “including” are intended to be illustrative and not restrictive. References to “days” are calendar days unless stated otherwise as Business Days. When “including” is used to list examples, it should be understood as “including, without limitation” or “including but not limited to,” and not as an exhaustive enumeration of covered topics.
4. THE SERVICE
4.1. Purpose of the Services. The Services are designed to enable Users to purchase tokens. They aim to provide aggregated information for the convenience and ease of Users. The Services and the Platform are intended solely for informational and educational purposes and do not constitute financial advice or suggest any trading opportunities. MevX does not guarantee the accuracy, completeness, or applicability of any information presented on the Platform or through the Services at any given time. Users are solely responsible for any reliance they place on such information. MevX disclaims all liability for any consequences arising from Users' reliance on the content provided, whether accessed via our Website or through other means. Information collected from Users or provided by them through the Website will be managed in accordance with the Privacy Policy of the Website.
4.2. Use of the Services. MevX grants Users a non-exclusive, limited license to access the Services, including any Website, data, materials, content, or information provided, solely for personal use. This access is restricted to the purposes outlined in these Terms unless expressly authorized otherwise by MevX for commercial use. Users agree to utilize the Services in compliance with all applicable laws and regulations and to adhere to any rules governing transactions conducted through the Services.
4.2.3. User Account Responsibility. USERS ARE SOLELY RESPONSIBLE FOR THE SECURITY OF THEIR ACCOUNTS, INCLUDING THE SAFEGUARDING OF USERNAMES, PASSWORDS, PUBLIC AND/OR PRIVATE KEYS, OR ANY OTHER ACCESS CODES. SHOULD A PASSWORD BE PROVIDED OR CREATED FOR ACCESS TO THE PLATFORM, USERS MUST ENSURE ITS CONFIDENTIALITY. IF A WALLET IS USED TO ACCESS THE PLATFORM, MEVX CANNOT ASSIST IN REGAINING ACCESS IF THE WALLET IS LOST OR CONTROL IS COMPROMISED. Users are accountable for all activities that occur under their account and agree to inform MevX immediately of any suspected unauthorized access. MevX is not liable for any losses incurred due to unauthorized activities associated with Users’ accounts, Wallets, or passwords.
4.2.4. Additional Considerations
4.2.4.1. Transactions and Blockchain Visibility. Transactions conducted on the Platform are recorded on public blockchains. Users acknowledge that their public address will be visible on the blockchain when engaging in transactions through the Platform. MevX neither owns nor controls any Wallets, blockchain networks, or third-party sites or services used to access or utilize the Platform’s features. MevX is not responsible for the actions or omissions of these third parties and will not be liable for any damages incurred by Users resulting from transactions or interactions with such third parties.
4.2.4.2. Gas Fees. Transactions through the Services are executed via smart contracts on a blockchain network. Gas Fees, which can fluctuate unpredictably, are outside the control of MevX or the Services. Users understand that transactions cannot be invalidated, revoked, or refunded based on the Gas Fee being unknown, excessive, or otherwise unacceptable.
4.2.4.3. Use of Account Information. Verified Users consent to MevX using their account information for purposes directly related to providing the Service. This access will be limited to the provision of the Service and will not be used for other purposes.
4.3. License. Subject to the terms of this Agreement, MevX grants Users a non-transferable, non-exclusive, revocable, limited license to access the Service solely for personal use, and in accordance with these Terms and Applicable Law. MevX reserves the right to revoke this license at its sole discretion at any time.
4.4. Prohibitions and Restrictions
4.4.1. Prohibited Uses. You agree not to:
Use the Services in any way that could damage, disable, overburden, or impair them.
Obtain or attempt to obtain any materials or information through the Services by methods not intentionally provided by MevX.
Attempt to gain unauthorized access to any account, computer systems, or networks related to MevX or the Website.
Launch denial-of-service attacks or distributed denial-of-service attacks against the Services.
Impersonate MevX, its employees, another user, or any other individual or entity.
Modify, create derivative works of, or reverse-engineer any part of the Service.
4.4.2. Restrictions. Except as explicitly permitted in this Agreement, you may not copy, reproduce, distribute, republish, or transmit any part of the Service in any form or by any means. All copyright and proprietary notices must be retained on all copies. You also agree not to use the Services for any unlawful purposes.
4.5. Modification. MevX reserves the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice. MevX will not be liable to you or any third party for any changes to, suspension of, or discontinuation of the Services.
4.6. No Support or Maintenance. You acknowledge that MevX has no obligation to provide ongoing support or maintenance for the Services.
4.7. Account Suspension. MevX reserves the right to immediately suspend or terminate your access to the Services, Website, or Platform if MevX suspects (i) illegal activity involving your account, (ii) fraudulent behavior by you, or (iii) transactions that violate these Terms of Use.
4.8. Affiliates. MevX’s rights and obligations under this Agreement may be exercised by MevX and its Affiliates, or their subcontractors and agents. MevX is responsible for the acts and omissions of its Affiliates and any subcontractors or agents concerning this Agreement. Any claims arising from the actions or omissions of MevX, its Affiliates, or their subcontractors or agents should be directed solely to MevX and not to its Affiliates or any of their subcontractors or agents.
5. PRIVACY
You agree to MevX’s Privacy Policy, which is incorporated into this Agreement as if fully detailed herein. The Privacy Policy outlines how MevX collects, uses, and discloses your information. By using the Services, you consent to the terms of the Privacy Policy and acknowledge its binding effect.
6. THIRD-PARTY LINKS, PRODUCTS, AND APPLICATIONS
6.1. Third-Party Sites. The Services may include links to websites operated by third parties ("Linked Sites"), such as Solscan.io, Telegram, X profiles, or Discord servers. MevX does not control these Linked Sites and is not responsible for their content, including any links contained within them, or for any changes or updates made to these sites. MevX is also not liable for any issues related to Linked Sites, such as viruses, malware, or other harmful software that may affect your device. The presence of a link does not imply MevX’s endorsement or association with the Linked Site or its operators. You are responsible for reviewing and adhering to the privacy policies and terms of use of any Linked Sites you visit. Any interactions or transactions with third parties, including those supporting MevX or featured in the Services, are your sole responsibility, including the delivery and payment for goods and services. MevX does not retain information shared with Linked Sites and is not liable for any personally identifiable information provided to such sites.
6.2. Third-Party Applications. You acknowledge that any use of third-party applications or software available through our Services is at your own risk and discretion. MevX is not liable for any issues arising from your use of these Third-Party Applications. MevX disclaims all representations, warranties, or guarantees regarding any Third-Party Applications, whether express, implied, or statutory. This includes, but is not limited to, implied warranties of merchantability or fitness for a particular purpose, as well as any assurances regarding the availability, features, accuracy, completeness, or legality of such applications. You agree to indemnify and hold MevX harmless from any direct, indirect, punitive, incidental, special, or consequential damages, including but not limited to, damages for loss of use, related to or resulting from the use or performance of Third-Party Applications. MevX is not responsible for any personally identifiable information shared with Third-Party Applications.
6.3. Release. You hereby release MevX (including our officers, employees, agents, successors, and assigns) from any and all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of any kind and nature. This release applies to any issues directly or indirectly related to the Service, including interactions with or actions or omissions by our partners or any third parties, including Third-Party Links and Applications.
7. INTELLECTUAL PROPERTY
7.1. MevX Intellectual Property. You acknowledge and agree that MevX holds all legal rights and interests in all aspects of the Services. This includes the MevX logo, graphics, design, user interface, website layout, computer code, services, data, and all elements of the Platform (collectively referred to as “MevX Assets”). The Services, Platform, MevX Assets, and Content are protected under copyright, trademark, and other proprietary rights. You are not authorized to use the Services or Content in any manner other than as explicitly permitted by MevX in these Terms. You may not copy, reproduce, modify, publish, transmit, or distribute the Services or Content in any form.
Despite any contrary statements in this Agreement, you understand and agree that you do not have any ownership or property interest in your account. All rights to your account are and will remain the exclusive property of MevX.
7.2. Non-MevX Intellectual Property. Beyond MevX Assets, any trademarks, product names, logos, and similar intellectual property on the Platform belong to their respective owners. These items may not be copied, imitated, or used, either in whole or in part, without the express permission of the respective trademark holder.
7.3. Digital Millennium Copyright Act Compliance
Notification. MevX takes copyright infringement claims seriously and will respond to notices that comply with applicable laws. If you believe that any materials available on or through the Services infringe upon your copyright, you may request their removal by submitting a written notification to MevX. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), your written notice (the "DMCA Notice") should include the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed exclusive right;
(b) Identification of the copyrighted work claimed to be infringed;
(c) Identification of the material that is alleged to be infringing or the subject of infringing activity;
(d) Information sufficient to allow MevX to contact the complaining party, including an address, telephone number, and email address;
(e) A statement that the complaining party has 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;
(f) A statement that the information provided in the notification is accurate; and
(g) A declaration, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the allegedly infringed exclusive right.
8. INDEMNIFICATION
You agree to release, indemnify, and hold harmless MevX, its Affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to: (a) your access to, use of, or inability to use the Services; (b) your breach of this Agreement; (c) your violation of any rights of a third party; (d) your violation of any Applicable Law; and (e) any financial losses you may incur, or cause others to incur, as a result of buying and selling tokens, whether or not such transactions were based on information obtained from the Platform or through the Service.
8.1. Acknowledgment of Cryptocurrency and Smart Contract Risks
You represent and warrant that you understand and accept the risks associated with cryptographic systems, including smart contracts, public blockchain networks (such as the Solana blockchain).
8.2. Technical Errors and Blockchain Responsibility
MevX is not responsible for losses resulting from issues with blockchains or features of the Solana network or any other blockchain network incorporated into the Services or Platform, including wallets on any blockchain network. This includes losses due to forks, technical issues, or any other problems that may cause financial loss.
Upgrades to the Solana platform or any other blockchain network associated with the Services or Platform, including hard forks or changes in transaction confirmation processes, may have unintended and adverse effects on all blockchains.
8.3. Acknowledgment of Platform Risks
You acknowledge that the Platform may have inherent flaws and that you are solely responsible for assessing any information provided by the Platform. The warnings and other notices in this Agreement do not constitute an ongoing duty by MevX to alert you to all potential risks associated with using or accessing the Platform. The Platform may be subject to sophisticated cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that could cause interruptions or delays. You agree to accept the risk of Platform failures resulting from unforeseen or heightened technical issues, including those due to sophisticated attacks, and agree not to hold MevX liable for any related losses.
8.4. No Representations on Digital Asset Value
MevX makes no representations or warranties regarding the value of any digital assets. Blockchain asset prices are highly volatile, and significant changes in the prices of other digital assets can materially and adversely affect the value of tokens. Tokens themselves may also experience significant price volatility due to supply and demand dynamics and their popularity. Additionally, the Platform, cryptocurrencies, NFTs, and other digital assets may be affected by regulatory inquiries or actions. MevX does not provide any assurances about the value of tokens or other digital assets.
8.5. Financial Risk Acknowledgment
Trading digital assets carries substantial risk of loss. You should carefully evaluate whether creating, buying, or selling digital assets is appropriate for you, given your circumstances and financial situation. By using the Platform, you represent that you are responsible for independently assessing the risks of any transaction and the underlying digital assets. You confirm that you have adequate knowledge, professional advice, and experience to evaluate the potential gains and losses of any transactions involving digital assets. MevX will not be financially liable for your use of the Platform or for any losses incurred in connection with buying or selling digital assets.
8.6. Violations by Other Users
You irrevocably release, acquit, and forever discharge MevX , its subsidiaries, affiliates, officers, and successors from any and all past or future causes of action, suits, or controversies arising out of violations of these Terms by other Users.
8.7. Alpha Callers
MevX does not guarantee the accuracy or effectiveness of any content posted within the Services.
Alpha Callers are not employees of MevX. Any content, advice, predictions, or estimates provided by Alpha Callers should not be considered financial advice. Alpha Callers are not professional investment advisors, and the information they provide should be regarded as entertainment only. You agree to use the information from Alpha Callers at your own risk and acknowledge that it may result in monetary losses. You further agree not to hold any Alpha Callers responsible for financial losses resulting from your decisions to purchase tokens, NFTs, or other assets based on their content.
9. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
9.1. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEVX SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FINANCIAL LOSS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, THE WEBSITE, THE SERVICES, CONTENT, OR INFORMATION ACCESSIBLE THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR FOR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE OR THE SERVICES, EVEN IF MEVX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SITES OR SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSONAL PROPERTY OR LOSS OF DATA RESULTING THEREFROM.
9.2. No Warranties
ALL INFORMATION AND SERVICES PROVIDED BY MEVX TO YOU VIA THE SERVICES, INCLUDING BUT NOT LIMITED TO ALL CONTENT, ARE PROVIDED "AS IS" AND "WHERE IS" WITHOUT ANY WARRANTIES OF ANY KIND. MEVX AND ANY THIRD-PARTY LICENSORS OF CONTENT ON THE SERVICES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN, MEVX AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR COVENANT REGARDING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE THROUGH THE SERVICES. MEVX MAKES NO WARRANTY THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR THAT THEY WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT MEVX SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SERVICES OR YOUR USE THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR CONTENT IS TO CEASE USING THE PLATFORM, WEBSITE, AND/OR SERVICES.
9.3. MevX is Not a Financial Planner or Investment Adviser
NEITHER MEVX, THE PLATFORM, NOR THE SERVICES ARE INTENDED TO PROVIDE INVESTMENT OR FINANCIAL ADVICE. MEVX IS NOT A FINANCIAL OR TAX PLANNER AND DOES NOT OFFER LEGAL ADVICE TO ANY USER OF THE SERVICES.
10. TERM AND TERMINATION
This Agreement will remain in full force and effect while you use the Platform or the Service (the “Term”). MevX may suspend or terminate your rights to use the Platform or Service at any time and for any reason at its sole discretion, including for any use of the Platform or Service in violation of this Agreement. You may terminate this Agreement at any time by ceasing your use of the Platform and the Service and notifying MevX. Upon termination of your rights under this Agreement, your right to access and use the Platform and Service will terminate immediately. MevX will not have any liability whatsoever for any termination of your rights under this Agreement. All provisions of the Agreement which by their nature should survive will continue to apply after termination of the Services, including but not limited to ownership provisions, warranty disclaimers, and limitation of liability.
11. GENERAL TERMS
11.1. Changes to These Terms of Use
MevX may update or change these Terms from time to time to reflect changes in MevX's Products or Services, modifications in legislation, or for other reasons as deemed necessary by MevX. The effective date of any changes will be indicated in the “Last Updated” entry at the top of these Terms. Your continued use of the Services after such changes are communicated constitutes your acceptance of the updated Terms.
11.2. Waiver
A waiver by MevX of any breach of these Terms must be in writing and shall not be construed as a waiver of any subsequent breach of the same provision or any other provision of these Terms.
11.3. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of the province of Australia. You irrevocably consent to the exclusive jurisdiction and venue of the courts located in Australia, for all disputes arising out of or relating to your use of the Services, except as provided in the Arbitration Agreement outlined in Section 13.4.
11.4. Dispute Resolution
Please review the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. This agreement mandates that disputes with MevX be resolved through arbitration, which limits the ways you can seek relief. This Arbitration Agreement is a crucial part of your contract with MevX and affects your legal rights, including mandatory binding arbitration and a waiver of class action rights.
11.4(a). Scope of Arbitration Agreement
All disputes and claims (except for those seeking injunctive or other equitable relief as detailed below) related to this Agreement or the use of any MevX Product or Service that cannot be settled informally must be resolved through binding arbitration on an individual basis under this Arbitration Agreement. Arbitration proceedings will be conducted in English unless otherwise agreed. This Arbitration Agreement applies to you and MevX, including all subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns of MevX, and covers all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement. This Arbitration Agreement also covers all disputes or claims, including those arising before the effective date of this Agreement or any previous versions.
11.4(b). Notice Requirement and Informal Dispute Resolution
Before initiating arbitration, either party must send a written Notice of Dispute (“Notice”) to the other party. This Notice should outline the nature of the dispute, the basis for the claim, and the relief sought.
After receiving the Notice, both parties will have the opportunity to resolve the dispute informally. If the dispute is not resolved within thirty (30) days from the date of receiving the Notice, either party may proceed with arbitration. During this period, any settlement offers made by either party will remain confidential and will only be disclosed to the arbitrator after the arbitrator has determined the award, if any, that either party is entitled to.
11.4(c). Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT. ARBITRATION PROCEDURES ARE GENERALLY MORE LIMITED, MORE EFFICIENT, AND LESS COSTLY THAN COURT PROCEEDINGS AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. SHOULD ANY LITIGATION ARISE BETWEEN YOU AND MEVX IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND MEVX WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
11.4(d). Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
11.4(e). 30-Day Right to Opt Out
You may opt out of the provisions of this Arbitration Agreement by sending a written notice of your decision to opt out within thirty (30) days of first becoming subject to this Arbitration Agreement. Your notice must include your name, address, Wallet address, and a clear statement indicating your desire to opt out of this Arbitration Agreement. If you choose to opt out, the remaining provisions of this Agreement will still apply to you. Opting out of this Arbitration Agreement does not affect any other arbitration agreements you may have with MevX, either currently or in the future.
11.4(f). Confidentiality
All aspects of the arbitration process, including the arbitrator's award and any related compliance, will be kept strictly confidential. Both parties agree to uphold this confidentiality unless required by law. This confidentiality clause does not prevent either party from submitting information to a court to enforce this Agreement, enforce an arbitration award, or seek injunctive or equitable relief.
11.4(g). Severability
If any provision of this Arbitration Agreement is found to be invalid or unenforceable by a court with proper jurisdiction, that specific provision will be deemed null and void, while the remaining provisions of the Agreement will continue in full force and effect.
11.4(h). Right to Waive
The rights and limitations outlined in this Arbitration Agreement may be waived by the party against whom a claim is asserted. Such a waiver will not affect or waive any other part of this Arbitration Agreement.
11.4(i). Survival of Agreement
This Arbitration Agreement will remain in effect even after the termination of your relationship with MevX.
11.4(j). Emergency Equitable Relief
Despite the provisions above, either party may seek emergency equitable relief from a state or federal court to preserve the status quo while arbitration is pending. Requesting such interim measures will not be considered a waiver of any other rights or obligations under this Arbitration Agreement.
11.4(k). Courts
In cases where litigation is permitted under this Arbitration Agreement, the parties agree to submit to the personal jurisdiction of the provincial courts located in Australia for such purposes.
11.5. Attorneys’ Fees and Costs
In addition to any relief, order, or award issued by an arbitrator or court, the party that is determined to be the substantially losing party in any dispute will be responsible for covering the reasonable attorneys’ fees and costs incurred by the substantially prevailing party. This includes reimbursing or paying for any arbitrator’s fees and expenses incurred by the prevailing party in any arbitration.
11.6. Third Party Beneficiaries
Except as outlined in Section 11.7, this Agreement and its rights and obligations are intended to benefit only the parties involved and their respective successors and permitted assigns. No other person or entity, whether explicitly or implicitly, will have any rights under this Agreement.
11.7. Entire Agreement
This Agreement, along with any exhibits or appendices, constitutes the complete and exclusive understanding between the parties regarding the subject matter. It supersedes any prior agreements, whether oral or written, concerning this subject. Each party acknowledges that no other representations, warranties, or agreements have been made except those expressly stated in this Agreement.
11.8. Severability
Should any provision of this Agreement (or any part thereof) be found invalid or unenforceable by a competent court, such provision will be deemed severed, and the remaining provisions will continue in full force and effect as if the invalid or unenforceable provision had never been included.
11.9. Assignment
You may not assign or transfer any of your rights under this Agreement without obtaining prior written consent from MevX. Any attempt to assign or transfer without such consent will be considered void. MevX retains the right to assign this Agreement or any of its rights hereunder without requiring consent.
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