THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. SECTION 8 OF THIS DOCUMENT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS. SECTION 8 SETS FORTH A PROCEDURE TO OPT OUT OF SUCH ARBITRATION.
Last Updated: November 7, 2022
This OKX Web3 Yield Farming Tool User Agreement (“OKX Web3 Yield Farming Tool Agreement” or this “Agreement”) constitutes the Agreement between you (“User” or “you”) and the service provider set out as below (“we”, “us”, “our” or “OKX”), and any of our affiliates regarding your use of the OKX Web3 Yield Farming Tool (collectively, the “OKX Web3 Yield Farming Tool”).
- OKX Technology Inc., a U.S. Delaware registered company, for Users who are a resident of the United States;
- OKX Technology Services Pte. Ltd., a Singapore registered company, for all other Users eligible to access and use the OKX Web3 Yield Farming Tool.
By using our OKX Web3 Yield Farming Tool, you confirm that you have read, understood, and accepted this Agreement, our OKX Web3 Ecosystem Terms of Services, and any and all other rules or policies (including privacy policies), and you shall be legally bound by any and all of these terms and conditions regardless of your location, nationality, and/or Service(s) used. If you do not agree to be bound by this Agreement, do not access or use the OKX Web3 Yield Farming Tool.
Please note that the OKX Web3 Yield Farming Tool is considered part of our general “Services” as defined in our OKX Web3 Ecosystem Terms of Service (referred to ). Our OKX Web3 Ecosystem Terms of Service are incorporated by reference throughout this OKX Web3 Yield Farming Tool Agreement and also govern your use of and access to our OKX Web3 Yield Farming Tool. If there are any conflicts or contradictions between this OKX Web3 Yield Farming Tool Agreement and our OKX Web3 Ecosystem Terms of Service, the OKX Web3 Yield Farming Tool Agreement shall supersede and control only for the OKX Web3 Yield Farming Tool.
Unless otherwise specified in this Agreement, the capitalized terms in this Agreement shall have the meanings as defined in the OKX Web3 Ecosystem Terms of Services.
- OKX WEB3 YIELD FARMING TOOL
1.1 OKX Web3 Yield Farming Tool. The OKX Web3 Yield Farming Tool consists of a third party DApp and DeFi protocol aggregator that may allow Users to connect their digital wallets through Third Party Blockchains. The OKX Web3 Yield Farming Tool also may support advanced features using combinations of smart contracts. However, OKX merely provides an interface for Users to connect to these third-party DApps and DeFi protocols, and is not a party to any transactions made through the OKX Web3 Yield Farming Tool. In general, our OKX Web3 Yield Farming Tool may provide you with the following Services:
- One stop DeFi aggregator; and
- Other available Services that may be provided under the OKX Web3 Yield Farming Tool.
1.2 OKX Yield Farming Tool Details. The OKX Web3 Yield Farming Tool aggregates third party DApps and DeFi protocols for users to access the following services from them:
- Save: lending protocols, such as Aave, Compound.
- Pool: AMM like LP, such as Uniswap, Balancer.
- Farm: LP staked pool, such as Curve, Sushiswap.
- Vaults: yield-farming, such as Yearn, Harvest.
- Stake: single token staked pool, such as Pancake syrup pool.
1.3 Supported Mainnets. OKX Web3 Yield Farming Tool supports the following Mainnets (“Mainnets”):
- Avalanche; and
- Other Mainnets that may be supported under the OKX Web3 Yield Farming Tool.
1.4 Transaction Times. Transaction times for any transactions that you make through your use of the OKX Web3 Yield Farming Tool will depend on actual blockchain network confirmation time of that particular blockchain.
1.5 Use of Digital Wallet Is Required. In order to use the OKX Web3 Yield Farming Tool, you may have to connect a digital wallet such as an OKX Web3 Wallet. You are solely responsible for any Losses that may arise from your use of your digital wallet through the course of the OKX Web3 Yield Farming Tool. Your digital wallet is not accessible to OKX, and we will not keep or maintain your files, passwords, Mnemonic Phrases, and/or Private Keys for your digital wallet.
OKX is not responsible, and you are solely responsible, for any transactions executed by or involving your digital wallet, regardless of whether you approved such transactions.
1.6 Purpose and Legality of Use. You agree that you shall use your OKX Web3 Yield Farming Tool for legitimate purposes only, and you shall not have the intention of using the OKX Web3 Yield Farming Tool as a medium of non-compliance to Applicable Laws. You agree that the Digital Assets deposited into your digital wallet did not arise from a violation of Applicable Laws. You also agree to abide by all rules, terms, and any other notices or relevant agreements published and updated by OKX from time to time, including announcements, procedural instructions, risk disclosures, and other rules and terms.
1.7 Password and Private Key. Our OKX Web3 Yield Farming Tool has various decentralized characteristics of blockchain technology. These decentralized services are different from banking financial institutions. You understand and accept that OKX is not responsible for the following: storage of your security Password (which is the Password you set when you created or imported your digital wallet); Private Key and Mnemonic Phrase; retrieval of your security Password, Private Key, or Mnemonic Phrase; freezing of your wallet; reports of lost wallet; restoration of your wallet or any other actions required to maintain or access your wallet.
1.8 Prototype. You agree and accept that the OKX Web3 Yield Farming Tool is an early version of the products and/or services, and not yet fully audited. OKX is not responsible for any Losses you may experience, nor is OKX under any obligation to compensate or indemnify any lost Digital Assets to you, in connection with use of any such prototype products or services.
- SERVICE FEES
2.1 Gas Fees. During the course of your access and use of the OKX Web3 Yield Farming Tool, you may incur various gas fees. Gas fees generated on any Third Party Platform under these OKX Web3 Yield Farming Tool will be paid by you.
2.2 Third Party Protocol Fees. There may also be other third party protocol fees that arise during your access and use of the OKX Web3 Yield Farming Tool, including but not limited to, your transfer of Digital Assets, NFTs and/or other digital collectibles. You are solely responsible for paying any and all of these third party protocol fees that may arise.
2.3 Service Fees. Please note that OKX does not currently charge any service fee, but we reserve the right to charge you fees in the future. OKX may charge you certain fees (“Service Fees”) for providing the OKX Web3 Yield Farming Tool to you. The Service Fees may be a percentage of your transaction amount through the OKX Web3 Yield Farming Tool. OKX may deduct the applicable Service Fees from your transaction amount as payment for your OKX Web3 Yield Farming Tool use.
- OKX WEB3 YIELD FARMING TOOL ADDITIONAL RISK DISCLOSURES
3.1 No Guarantee of Specific Timing. You understand and agree that when you redeem or access your Digital Assets, the time it actually takes for you to receive the Digital Assets into your digital wallet may vary, and the Digital Assets received and displayed on your wallet shall be final. OKX is not liable for any Losses as a result of the aforementioned.
3.2 Amendment of the OKX Web3 Yield Farming Tool Agreement. You understand and agree that OKX reserves the right to amend the content of this OKX Web3 Yield Farming Tool Agreement at any time in its sole discretion. OKX shall not be liable for any Losses arising from your misunderstanding of this OKX Web3 Yield Farming Tool Agreement or your delay of reading any amendments or updates to this OKX Web3 Yield Farming Tool Agreement.
3.3 User Fault or Error. You agree that you shall bear any and all Losses resulting from your own fault or error, including but not limited to: not being in accordance with the transaction prompts operation, not conducting timely transactions on the OKX Web3 Yield Farming Tool platform, forgetting or leakage of Passwords and/or Private Keys, cracked Passwords, your computer being invaded or hacked by others, and/or entering into the wrong address to transfer or receive Digital Assets.
3.4 Third Party Content and Services. You understand and agree that when you use the OKX Web3 Yield Farming Tool, you may access and use Third Party Blockchains. OKX shall not be liable for any and all Losses caused by your use of or access to Third Party Blockchains. You understand and agree to OKX’s grant of access to any and all Third Party Blockchains. OKX merely provides project display, revenue distribution, and other related services. OKX shall not be liable for any Losses incurred as a result of contract vulnerabilities; hacking incidents; suspension, discontinuation, or termination of business; bankruptcy; abnormal suspension; or cessation of Third Party Blockchain operations or other potential risks. Furthermore, you agree to bear any and all Losses you may suffer as a result of the aforementioned risks. If you suffer any Losses as a result of the aforementioned risks, you understand and agree that any Digital Assets that may be stored on your digital wallet, including any NFTs or other digital collectibles, may be permanently lost.
The OKX Web3 Yield Farming Tool may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). Any link of Third-Party Websites referred to in any OKX’s services do not mean that OKX endorses any products, services, information and disclaimers provided therein, and OKX does not guarantee the accuracy of the information contained therein. When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our OKX Web3 Yield Farming Tool, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of OKX, and may be “open” applications for which no recourse is possible. OKX is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. OKX provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk. OKX shall not be liable for any Losses caused by your use of such third party products and services on Third-Party Websites and Third-Party Applications or any Losses incurred as a result of contract vulnerabilities; hacking incidents; suspension, discontinuation, or termination of business; bankruptcy; abnormal suspension; or cessation of any Third-Party Websites, Third-Party Applications, and Third-Party Materials or other potential risks. OKX and each Third-Party Website and Third-Party Application are independent legal entities, and this OKX Web3 Yield Farming Tool Agreement shall not constitute any form of agency, partnership or cooperative relationship between the parties. OKX and each Third-Party Website and Third-Party Application shall be responsible for their respective claims, debts and disputes arising from the performance of their respective contracts and agreements. You understand that changes in applicable laws and regulations in applicable jurisdictions may render the Third Party Blockchains to adversely affect your access to the Third Party Blockchains or Third Party Applications.
3.5 Third Party Blockchain Malfunctions. You understand and agree that if our platform or any Third Party Blockchain(s) cannot function properly or the OKX Web3 Yield Farming Tool is interrupted because of the following conditions, and you are unable to use the OKX Web3 Yield Farming Tool or cannot make commands or perform related operations or transactions, including but not limited to, failure, delay, interruption, lack of system response, delayed system response, or any other abnormal and/or unexpected circumstances, OKX shall not be liable for any Losses. These circumstances include but are not limited to:
- Third Party Blockchain(s) suspends, discontinues, and/or terminates its services; closes down; and/or abnormally suspends or terminates trading services;
- Service suspension due to maintenance as announced by the Third Party Blockchain(s);
- System fails to transmit data;
- Force Majeure event(s) that lead to the suspension of the Third Party Blockchain(s);
- Third Party Blockchain’s service interruption or delay arising from hacking, computer viruses, technical adjustments or failure, website upgrade, banking issues, temporary closure arising from government regulations; etc.;
- Third Party Blockchain’s service interruption or delay caused by its computer system being damaged, defective, or unable to normally perform;
- Losses arising from technical problems that cannot be predicted or solved by existing technology in the industry;
- Losses you or other third parties suffer that arise from the fault or delay of the third party;
- Losses you or other third parties suffer that arise from changes in laws, regulations, and/or government orders;
- Losses you or other third parties suffer that arise from Force Majeure events caused by unforeseeable, unavoidable, and/or unsolvable objective circumstances.
You understand and agree that the forementioned reasons may lead to abnormal transactions, market interruptions, and other possible abnormal circumstances. You also appreciate that the risk disclosure statement herein is not and cannot be comprehensive or exhaustive. OKX may refuse to execute your commands based on the actual circumstances. Furthermore, you understand and agree that OKX shall not be liable for any Losses arising from or related to any of the forementioned circumstances.
3.6 Losses Based on Your Lack of Eligibility. You understand and accept that OKX shall not be liable for any Losses caused by any risks relating to your eligibility or loss of eligibility to access or use our OKX Web3 Yield Farming Tool.
3.7 Services Not Provided Under This Agreement. You understand that OKX is not providing any financial or investment advice in connection with the OKX Web3 Yield Farming Tool. You understand that OKX is not a broker-dealer and is not purchasing or selling any securities or investments on behalf of you as part of the OKX Web3 Yield Farming Tool.
3.8 New Regulatory Regimes. The applicable regulatory regimes and applicable laws and regulations of applicable jurisdictions governing blockchain technologies, blockchain assets and the purchase and sale of blockchain assets are uncertain, and new laws, regulations or policies of applicable jurisdictions may materially adversely affect the development of Third Party Blockchains and the use of blockchain assets.
3.9 Development of Blockchain. Blockchain is a nascent and rapidly changing technology and there remains relatively small use of blockchain networks and blockchain assets in the retail and commercial marketplace. The slowing or stopping of the development or acceptance of blockchain networks may adversely affect the value of any blockchain assets purchased through the OKX Web3 Yield Farming Tool.
3.10 Cyber-Attacks. Blockchain networks may be susceptible to malicious cyber-attacks or may contain exploitable flaws, which may result in security breaches and the loss or theft of blockchain assets. Blockchain networks incorporate third-party software components, including open-source software. Third-party software components, including open source software, may not be represented, maintained or monitored by an official organization or authority or any such maintenance or monitoring may not be adequate to protect against exploitable flaws. Third parties may introduce weaknesses or bugs into the core infrastructure elements of the blockchain network. This could result in the corruption of the software code which may result in the loss or theft of blockchain assets. Blockchain networks may be the target of malicious attacks seeking to identify and exploit weaknesses in the software. Such events may result in a loss of trust in the security and operation of blockchain networks and a decline in user activity which could have a negative impact on any blockchain assets you own.
3.11 Staking Rewards. The staking rewards that you may receive from the protocols that you access through the OKX Web3 Yield Farming Tool may subject you to applicable securities laws of applicable jurisdictions. The treatment of staking rewards under the applicable securities laws of applicable jurisdictions is uncertain and there can be no assurance that staking rewards will not be deemed to be sales of securities. You may be required to comply with these applicable securities laws of applicable jurisdictions. Failure to comply with such laws may lead to civil or criminal penalties.
3.12 Changes in Law. There is substantial regulatory uncertainty surrounding the treatment of blockchain assets by regulators around the world. There can be no assurance as to how regulatory agencies will treat blockchain assets in the future but continued increased enforcement and regulation is expected. Legislation passed in any applicable jurisdiction may affect the treatment of blockchain assets in such jurisdiction.
- PROHIBITED PRACTICES
4.1 No Unfair Trading Practices. You understand and agree that OKX strictly prohibits unfair trading practices. OKX reserves the right to refuse to provide you our OKX Web3 Yield Farming Tool, if you perform or are reasonably suspected to be performing the following actions when accessing or using our OKX Web3 Yield Farming Tool:
- Price manipulation or any other malicious market behaviors;
- Harming OKX or other Users through loopholes or other types of flaws or vulnerabilities on OKX Web3 Yield Farming Tool or other unreasonable and/or illegal means;
- Violation or attempt to violate another user or any third party’s legal rights (including but not limited to, their privacy and intellectual property rights);
- Participation in any activities that OKX regards as harmful to the market and/or its OKX Web3 Yield Farming Tool;
- Violation of any laws or regulations.
4.2 OKX’s Rights. In order to minimize and/or eliminate any adverse effects on the overall market, OKX reserves the right to take the following measures at its sole discretion, including without limitation, contacting and cooperating with relevant legal and/or regulatory authorities. You understand and agree that OKX shall not be liable for any Losses that you may incur as a result of the above measures.
5.1 GENERAL. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY OKX, OKX AND ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU OF ANY KIND. OKX AND ITS OKX WEB3 YIELD FARMING TOOL, THE CONTENT CONTAINED THEREIN, AND DIGITAL ASSETS OR PARTICIPATION VIA THIRD PARTY BLOCKCHAINS LISTED THEREIN ARE STRICTLY OFFERRED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDLESS OF LOCATION, AND WITHOUT LIMITING THE GENERAL PURPOSE OF THE FOREGOING.
5.2 YIELD FARMING TOOL TRANSACTIONS. ANY AND ALL DIGITAL ASSETS THAT ARE PURCHASED, TRANSFERRED, OR EXCHANGED THROUGH THE SERVICES, OR EXCHANGED OR TRANSFERRED THROUGH THIRD PARTY BLOCKCHAINS, ARE DONE SO ON AN “AS IS” BASIS. OKX MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND REGARDING THE DIGITAL ASSETS.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
You will indemnify, defend, and hold harmless OKX, our affiliates, and our and their respective officers, directors, employees, and agents from and against any Losses relating to or in connection with any third party claim relating to your use of the OKX Web3 Yield Farming Tool, your breach of this OKX Web3 Yield Farming Tool Agreement, or your User Content.
OKX’S AGGREGATE LIABILITY IN CONNECTION WITH THIS OKX WEB3 YIELD FARMING TOOL AGREEMENT SHALL NOT EXCEED $100 US DOLLARS.
OKX WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT OR ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF OKX HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- GOVERNING LAW
7.1 General. This OKX Web3 Yield Farming Tool Agreement, your use of the OKX Web3 Yield Farming Tool, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of this OKX Web3 Yield Farming Tool Agreement, directly or indirectly, shall be governed by, and construed in accordance with the laws of England and Wales without regard to the principles of conflicts of laws thereof.
7.2 FOR US CUSTOMERS/USERS ONLY. This OKX Web3 Yield Farming Tool Agreement and your use of the OKX Web3 Yield Farming Tool will be governed by and construed in accordance with the laws and regulations of the State of Delaware, the United States. The foregoing applicable law provision shall not apply to Section 8.10 below, which shall be governed by the Federal Arbitration Act. You agree that any action at law pursued by you and arising out of or relating to this OKX Web3 Yield Farming Tool Agreement not subject to arbitration (as set forth below) will be filed only in the state or federal courts in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such court over any non-arbitrable suit, action or proceeding arising out of this OKX Web3 Yield Farming Tool Agreement.
- JURISDICTION AND DISPUTE RESOLUTION
8.1 Dispute Resolution Method. You acknowledge and agree that in the event of any Dispute, the parties shall first refer the Dispute to proceedings at the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with HKIAC’s Mediation Rules in force at that time.
8.2 Arbitration Rules and Jurisdiction. If the Dispute has not been settled upon the signing of a settlement agreement within ninety (90) days following the filing of a request for mediation set forth in Clause 8.1, such Dispute shall be referred to and finally resolved by arbitration administered by the HKIAC under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of People’s Republic of China (“Hong Kong”). The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties.
8.3 Arbitration Seats and Language. You agree that the seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). OKX shall appoint one (1) arbitrator and you shall appoint one (1) arbitrator. The third arbitrator shall be appointed by the Chairman of the HKIAC. Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. Any arbitration proceedings shall be conducted in the English language.
8.4 Limited Discovery. You agree that OKX shall not be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant and material to the outcome of the Dispute.
8.5 Final and Binding Nature. Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction.
8.6 No Class Action or Litigation. You agree to resolve any and all disputes with OKX on an individual basis through arbitration instead of as part of any class action or representative litigation.
8.7 Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
8.8 Waiver of Jury Trial. UNDER APPLICABLE LAWS, YOU AND OKX HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and OKX are instead electing that all claims and disputes will be resolved by arbitration under this arbitration agreement (“Arbitration Agreement”). An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
8.9 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out via e-email to the following address: [email protected], within 30 days after first becoming subject to this Arbitration Agreement. Notice must include your name and address and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
8.10 FOR US CUSTOMERS ONLY. You and OKX agree to arbitrate any dispute arising from this OKX Web3 Yield Farming Tool Agreement or relating to the OKX Web3 Yield Farming Tool, except that you and OKX are not required to arbitrate any dispute in which either party exclusively seeks relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. You and OKX agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration and that, in the event that the dispute is not informally resolved, the dispute will be submitted to binding arbitration governed by the Federal Arbitration Act and administered by JAMS (see www.jamsadr.com). The JAMS arbitration shall be conducted in San Francisco, California (or any JAMS Resolution Center which you and the applicable Party agree) before a single JAMS arbitrator, who shall be a retired judicial officer. The JAMS Streamlined Arbitration Rules & Procedures, as modified by this OKX Web3 Yield Farming Tool Agreement, shall apply. Dispositive motions will be allowed, and the arbitrator must follow this OKX Web3 Yield Farming Tool Agreement, and will have the same power to award damages and relief as a court (including fees), and will issue a binding written decision, which can be enforced by entry of judgment by any court of competent jurisdiction. You agree and understand that, absent this mandatory arbitration provision, you and OKX have the right to sue in court and have a jury trial, and further understand that, in some instances, the costs of arbitration may exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court. If arbitration before JAMS is unavailable or impossible for any valid reason, such arbitration will be conducted by, and according to the rules and regulations then in effect of the American Arbitration Association (“AAA”). The foregoing arbitration provision shall not apply to OKX’s efforts to collect any outstanding amounts pursuant to this OKX Web3 Yield Farming Tool Agreement. In the event that OKX seeks collection of any debit balance or outstanding amounts pursuant to this OKX Web3 Yield Farming Tool Agreement, any such legal action may be brought by OKX in the state or federal courts in San Francisco, California, and you submit to the jurisdiction and venue of this court and waive forum non conveniens.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU AGREE TO BRING ANY CLAIMS ARISING FROM THIS OKX WEB3 YIELD FARMING TOOL AGREEMENT OR RELATING TO THE OKX WEB3 YIELD FARMING TOOL ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, PRIVATE ATTORNEY GENERAL, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. OKX MAY, IN ITS SOLE DISCRETION, SEEK TO CONSOLIDATE INDIVIDUAL CLAIMS IN A SINGLE ARBITRATION PROCEEDING BEFORE A SINGLE ARBITRATOR PURSUANT TO APPLICABLE JAMS RULES AND PROCEDURES (OR EQUIVALENT RULES AND PROCEDURES OF AAA). YOU ACKNOWLEDGE THAT, BY AGREEING TO THIS OKX WEB3 YIELD FARMING TOOL AGREEMENT, YOU ARE WAIVING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
- GENERAL PROVISIONS
9.1 Acceptance of All Terms and Conditions. By using the OKX WEB3 Yield Farming Tool, you agree that you have read, understood and accepted this OKX WEB3 YIELD FARMING TOOL Agreement and all relevant transactions and operational rules in connection with the OKX WEB3 Yield Farming Tool, and you agree to be legally bound by the terms and conditions hereof AS WELL AS OKX WEB3 ECOSYSTEM TERMS OF SERVICES, AND ANY AND ALL OTHER RULES OR POLICIES (INCLUDING PRIVACY POLICIES). OKX reserves the right to change or modify this Agreement at any time at its sole discretion and will provide notice of such changes by posting the revised Agreement on the Site and changing the “Last Updated” date herein. If you do not accept the revised Agreement, you will stop ACCESSING OR using the OKX Web3 Yield Farming Tool.
Please also carefully read all terms of service, privacy policIES, and relevant transactional and operational rules (as amended from time to time) published on the Third Party Platforms. Use of the OKX WEB3 Yield Farming Tool is only allowed after you have read, understood, and agreed to all relevant rules AND POLICIES.