5. Risk Disclosure, Limitation of Liability, and No Warranties

You should read the XREX Risk Disclosure Statement and Disclaimer in detail before using any of the Services.

5.1. RISK DISCLOSURE: BY ACCESSING AND USING THE SERVICES YOU ARE ENGAGING IN FUNDAMENTALLY RISKY AND SOPHISTICATED TRANSACTIONS. CRYPTOCURRENCIES ARE HIGHLY VOLATILE INSTRUMENTS AND CAN RAPIDLY AND UNEXPECTEDLY DECREASE IN VALUE. TRANSACTING WITH CRYPTOCURRENCIES ALSO REQUIRES A CERTAIN LEVEL OF TECHNICAL KNOWLEDGE AND UNDERSTANDING WITHOUT WHICH USERS MAY LOSE ACCESS TO SOME OR ALL OF THEIR CRYPTOCURRENCIES. BY ACCESSING THE SERVICES YOU AGREE THAT YOU ARE VOLUNTARILY ENGAGING IN INHERENTLY RISKY TRANSACTIONS AND THAT YOU ARE AWARE OF THE RISKS INVOLVED INCLUDING BUT NOT LIMITED TO, RISKS OF FINANCIAL LOSS, LOSS OF ACCESS TO CRYPTOCURRENCY FUNDS DUE TO TECHNICAL ERRORS, SOFTWARE FLAWS AND POTENTIAL COMPROMISE OF THE SECURITY OF EITHER THE SERVICES OR YOUR OWN PERSONAL SYSTEMS.

5.2. LIMITATION OF LIABILITY:

5.2.1. IN NO EVENT WILL THE LIABILITY OF XREX, THEIR RESPECTIVE AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTRACTORS ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, THE XREX MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF XREX, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF XREX) EXCEED THE RELEVANT AMOUNT OF THE FEES PAID BY YOU TO XREX UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR THE PERIOD OF DURATION OF THIS AGREEMENT BETWEEN YOU AND XREX, WHICHEVER IS SHORTER.

5.2.2. This Limitation of Liability shall apply to the fullest extent permitted by law. The Limitation of Liability in this Section is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence.

5.3. No Warranties: All services and products are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, XREX disclaims any representations and warranties of any kind, whether express, implied, or statutory, including, but not limited to, the warranties of merchantability and fitness for a particular purpose.