Last Updated: December 19th, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR ACCESSING THE SERVICE, AS THEY CONSTITUTE A WRITTEN AGREEMENT BETWEEN YOU AND US AND THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
FOR U.S. RESIDENTS, PLEASE NOTE THAT THESE TERMS OF SERVICE REQUIRE THAT YOU ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
These Terms of Service, together with any documents these Terms of Service incorporate by reference (collectively, the “Terms”) govern your access and use of https://orda.network/ and all related websites, mobile apps, platforms, and web-based services (our “Sites”), our application programming interface, and other interactive features, widgets, applications, content, downloads, and/or other online services that we own and control and that post or link to these Terms (collectively with the Sites, the “Service”), which are made available by Bind Markets, Inc. (referred to herein as “orda,” “we,” “us,” or “our”).
By using the Service, you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, do not use the Service and, when presented with the option to “agree” or “disagree” to these Terms, click “disagree”. If you are accessing and using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or a service or product offered via the Service (in each such instance, and collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Eligibility. The Service is offered and available to users who are at least eighteen (18) years of age and can form a legally binding contract under applicable law. By using the Service, you represent and warrant that (i) you are eighteen (18) years of age or older, (ii) all registration information you submit to orda is truthful and accurate (and you will maintain the accuracy of such information), (iii) your use of the Service does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live, and (iv) you are not a Prohibited Person. A “Prohibited Person” is any person or entity that is (a) the subject of any economic or trade sanctions administered or enforced by any governmental authority, including any person designated on any list of prohibited or restricted parties by any governmental authority, such as the European Union Consolidated List of persons and the United Kingdom Consolidated List of Financial Sanctions Targets, U.S. Treasury Department’s list of Specially Designated Nationals, and the U.S. Department of Commerce Denied Persons List Entity List, (b) located, a resident of or organized in any jurisdiction or territory that is the subject of comprehensive country-wide or regional economic sanctions or has been designated as “terrorist supporting” by the United Nations or the governmental authority of the European Union, United Kingdom, or the United States, or (c) owned or controlled by such persons or entities listed in (a)–(b). If you do not meet all of these requirements, you must not access or use the Service.
The Service.
The Protocol. The Service provides a means of access to a decentralized protocol on public blockchains that allows you to trade certain compatible digital assets in connection with using the Service (the “Protocol”). The Protocol is not part of the Service and orda does not control or operate any version of the Protocol on any blockchain network. Certain elements of the Protocol may be made publicly available under an open-source or source-available license and these Terms do not override or supersede the terms of those licenses. By using the Service, you understand that you are not buying or selling digital assets from orda and that we do not control trade execution on the Protocol. You understand that orda does not hold your digital assets and takes no custody of them. orda has no access to your assets or funds. It is your responsibility to ensure that you maintain control of your digital assets and you have sole responsibility for exchanging them (including through the Service). To access certain portions of the Service, you must use a non-custodial wallet software, which allows you to interact with a blockchain network or other blockchain-based application. Your relationship with the non-custodial wallet provider is governed by the applicable terms of service with such provider.
You understand that orda does not act as your financial advisor or give you any investment advice of any kind with respect to your use or exchange of digital assets. As with any trading activities, it is your responsibility and you are solely responsible for the contents of your wallet, your exchange decisions, how and when you trade digital assets and with whom. It is also your responsibility to ensure you understand crypto assets, how they work, what their value is, and how to trade such assets, as there are significant risks in doing so, all of which you solely assume.
By utilizing or interacting with the Service, you represent and warrant that you understand the inherent risks associated with cryptographic systems and blockchain-based networks, digital assets, smart contract-based tokens, and systems that interact with blockchain-based networks. You understand and accept the risks and potential for loss of funds arising from using the Service, including risks arising from (i) disruption of trading activities due to exchange issues such as downtime, technical glitches, or hacks, and (ii) volatility of any digital asset, including the risk of large holder(s) selling up to the full amount of their tokens held.
Fees. You understand and agree that, in connection with your use of the Service, you may be required to pay fees necessary for interacting with blockchain software, including trading fees from buying and selling digital assets and “gas” costs, and that you are solely responsible for paying such fees and costs. None of such fees or costs will be paid to orda.
Content Ownership, Limited License, and Rights of Others.
Content. The Service contains a variety of: (i) materials and other items relating to orda and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code), (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of orda, and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by orda and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of orda or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. orda owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
Limited License. Subject to your compliance with these Terms and any Additional Terms, orda grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play such Content for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in orda’s sole discretion, and without advance notice or liability.
Rights of Others. In using the Service, you must respect the intellectual property and other rights of orda and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. orda respects the intellectual property rights of others.
User Content.
General. orda may now or in the future offer users of the Service the opportunity to submit content, messages, text, illustrations, files, images, graphics, photos, comments, responses, videos, information, ratings, reviews, data, questions, and suggestions (collectively, “User Content”). orda may allow you to do this through contact us tools, e-mail, message boards, content creation tools, social communities, and other communications functionality. Subject to the license you grant in these Terms below, you retain ownership in your User Content and so you remain ultimately responsible for it (legally or otherwise).
Non-Confidentiality of Your User Content. Except as otherwise described in the Privacy Policy or any Additional Terms, you agree that (i) your User Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (ii) orda does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon orda’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.
Feedback. We appreciate feedback, comments, ideas, and suggestions for improvements to the Service and orda’s other products and service offerings (“Feedback”). If you choose to submit Feedback to us, you agree that we are free to use it without any restriction or compensation to you.
License to orda of Your User Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User Content, you grant to orda the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. In order to further effect the rights and license that you grant to orda to your User Content, you also hereby grant to orda, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 4.D.
Exclusive Right to Manage Our Service. orda may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and orda may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party in connection with our operation of User Content venues in an appropriate manner.
Representations and Warranties Related to Your User Content. Each time you submit any User Content, you represent and warrant that (i) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant orda the rights to it that you are granting by these Terms and any Additional Terms, all without any orda obligation to obtain consent of any third party and without creating any obligation or liability of orda, (ii) the User Content is accurate, (iii) the User Content does not and, as to orda’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party, and (iv) the User Content will not violate these Terms or any Additional Terms, or cause injury or harm to any person.
Enforcement. orda has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at orda’s cost and expense, to which you hereby consent and irrevocably appoint orda as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
Accounts. In order to access or use some (or potentially all) of the features on the Service, you must first register through our registration process that we make available through the Service. The Service’s practices governing any resulting collection and use of your personal information are disclosed in the Privacy Policy. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration and you agree that: (i) you will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion, (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update continuously and promptly to keep it accurate, current, and complete, (iii) you are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity, (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your devices so that others may not access any password protected portion of the Service using your name, username, or password, (v) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security, and (vi) you will not sell, transfer, or assign your account or any account rights.
Service and Content Use Restrictions. You agree to not do any of the following:
Submit, upload, transmit, publish, or post any User Content that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, (ii) contains any material that is defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit, (iii) promotes any illegal activity, or advocates, promotes, or assists any unlawful act, (iv) is false, fraudulent, deceptive, inaccurate, or misleading, or (v) threatens, abuses, or harms others, or includes any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap.
Use the Service for any commercial purpose (including for purposes of advertising, soliciting funds, collecting product prices, and selling products) or in any manner not permitted by these Terms or any Additional Terms.
Engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, malicious, obscene, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to orda.
Impersonate or misrepresent your identity or affiliation with any person or organization.
Reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service.
Use the Service or Content to train, manipulate, service or otherwise engage with machine learning or any other artificial intelligence algorithm.
Engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, orda, or other users of the Service.
Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User Content.
Harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such users).
Attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means.
Use the Service to distribute spam or other unsolicited messages.
Use any meta tags or any other “hidden text” utilizing any orda trademark, logo URL, or product name without orda’s prior written consent.
Monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
Frame or utilize framing techniques to enclose any Content (including any images, text, or page layout).
Remove any trademark, copyright, or other intellectual property notices contained in the Content or on the Service.
Use the Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands.
Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of orda or, in the case of Content from a licensor, the owner of the Content.
Insert any code or product to manipulate such Content in any way that adversely affects any user experience.
orda may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in orda’s sole discretion, and without advance notice or liability.
These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by orda and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
Reliance on Information Posted. The information presented on or through the Service, or any other information we make available at any time, including in blog posts, articles, Discord or Telegram content, tutorials or videos, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of its contents.
Links By You to the Service. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (i) the links only incorporate text, and do not use any orda trademarks without our prior written consent, (ii) the links and the content on your website do not suggest any affiliation with orda or cause any other confusion, and (iii) the links and the content on your website do not portray orda or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to orda. orda reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Third-Party Sites; Advertisements; Dealings with Third Parties.
Third-Party Content and Sites; Advertisements. The Service may contain third party integrations, links, or other access to third-party websites that are not owned, controlled or operated by orda, and the Service may also include links to third-party ads on the Service or otherwise, to or from third-party websites (collectively, “Third-Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with orda. orda may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and orda does not assume any obligation to review any Third-Party Sites. orda does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, orda is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites. Finally, orda will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. orda disclaims all liability in connection therewith.
Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). orda disclaims all liability in connection therewith.
Governing Law; Dispute Resolution.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions.
Disputes. Except as otherwise set forth in these Terms, any dispute between the parties arising out of or relating to these Terms or the Service (or any part thereof) (collectively, “Disputes”) shall be governed by the provisions set forth in this Section.
Informal Resolution. Before resorting to formal dispute resolution in accordance with this Section 10, you agree to first contact orda directly by email at legal@orda.network to seek an informal resolution to any Dispute. For U.S. residents, in the event the Dispute is not resolved within sixty (60) days after submission, either you or orda may institute arbitration proceedings in accordance with the procedures set forth in this Section 10.
Agreement to Arbitrate. Except as otherwise expressly set forth in these Terms, if the parties cannot resolve a Dispute in the manner set forth in Section 10.C, then for U.S. residents, ANY AND ALL DISPUTES OF EVERY KIND, ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE OR TORT (INCLUDING FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE)), SHALL BE RESOLVED IN THE FOLLOWING MANNER:
Any Dispute (including with respect to the determination of scope of the applicability of this provision) shall be resolved by final, binding, and confidential arbitration conducted by JAMS, under its current Streamlined Arbitration Rules & Procedures found at https://www.jamsadr.com/adr-rules-procedures/ or by calling 1.800.352.5267 (the “Rules”). The parties shall appoint a single arbitrator by mutual agreement; provided that, if the parties cannot agree on an arbitrator, the arbitrator(s) shall be selected according to the Rules. The arbitrator shall be bound by the terms and conditions of these Terms and shall not extend, modify, or suspend any of the provisions of these Terms. The seat of the arbitration shall be New York, New York, unless otherwise mutually agreed by the parties in writing. All arbitration proceedings between the parties will be confidential. Any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction.
Limited Time To File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST orda, THEN YOU MUST COMMENCE IT WITHIN ONE YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED.
Injunctive Relief. The foregoing provisions of this Section 10 will not apply to any legal action taken by orda to seek an injunction or other equitable relief relating to the Service, Content and/or orda’s intellectual property rights, and/or orda’s products or services (collectively, “Excluded Disputes”).
No Class Action Matters. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND orda AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR orda’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then the parties’ agreement in Section 10.D to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 10.H. Notwithstanding any other provision of this Section 10, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this Section 10.G), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
Jurisdiction. Except where arbitration is required or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or federal court in the State of Delaware. Accordingly, each of you and orda irrevocably consents to the exclusive personal jurisdiction and venue of such courts for such matters and hereby waives any right it may have to assert the doctrine of forum non conveniens or to object to venue to the extent that any proceeding is conducted in accordance herewith.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.
THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Bind Markets, Inc. and its affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “orda Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
the Service (including the Content and the User Content) and the Protocol;
(ii)the functions, features, or any other elements on, or made accessible through, the Service and the Protocol;
(iii)any products, services, or instructions offered or referenced at or linked through the Service;
(iv)security associated with the transmission of your User Content transmitted to orda or via the Service;
whether the Service or the Protocol or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your devices);
(vi)whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
(vii)whether any defects to or errors on the Service will be repaired or corrected;
(viii)whether your access to the Service or the Protocol will be uninterrupted;
(ix)whether the Service or the Protocol will be available at any particular time or location; and
whether your use of the Service or the Protocol is lawful in any particular jurisdiction.
WE DO NOT CONTROL ALL ACTIVITY AND DATA ON THE PROTOCOL ITSELF, NOR DO WE TAKE POSSESSION, CUSTODY, OR CONTROL OVER ANY DIGITAL ASSETS ON THE PROTOCOL. YOU ACKNOWLEDGE AND AGREE THAT WE MAKE NO REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PROTOCOL. WE ACCEPT NO RESPONSIBILITY FOR YOUR USE OF A WALLET AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING HOW THE SERVICE WILL OPERATE WITH ANY SPECIFIC WALLET.
NO FINANCIAL, INVESTMENT, TAX, LEGAL, OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH THE SERVICE.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A orda PARTY, orda PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
LIMITATIONS OF OUR LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY orda PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
the Service or the Protocol (including the Content and the User Content);
(ii)your use of or inability to use the Service or the Protocol, or the performance of the Service;
(iii)any action taken in connection with an investigation by orda Parties or law enforcement authorities regarding your access to or use of the Service or the Protocol;
(iv)any action taken in connection with copyright or other intellectual property owners or other rights owners;
(v)any errors or omissions in the Service’s or the Protocol’s technical operation; or
(vi)any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if orda Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL orda PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO $100; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
Indemnity. To the extent permitted by applicable law, you agree to, and you hereby, defend, indemnify, and hold the orda Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any orda Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User Content, (ii) your use of the Service or the Protocol and your activities in connection with the Service or the Protocol, (iii) your breach or alleged breach of these Terms or any Additional Terms, (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service, (v) any misrepresentation made by you, (vi) any taxes you may owe as a result of your transactions on the Service, and (vii) the orda Parties’ use of the information that you submit to us (including your User Content and Feedback) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the orda Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the orda Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The orda Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a orda Party.
Waiver of Injunctive or Other Equitable Relief.
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, SITE, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY orda (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF orda.
Updates to Terms. These Terms (or if applicable, any Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms and any applicable Additional Terms each time you use the Service. These Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the Sites and the e-mail associated with the Service for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised Terms or any Additional Terms by discontinuing use of the Service and related services.
General Provisions.
Availability of Products and Services. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation.” The section headings are provided for convenience only and shall not limit the full Terms.
Communications. When you communicate with us electronically, such as via e-mail, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Investigations; Cooperation with Law Enforcement; Termination; Survival. orda reserves the right, without any limitation, to: (i) investigate any suspected breaches of the Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by orda in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to orda under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from orda, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to orda in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Assignment. orda may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of orda.
No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or orda in exercising any rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
Notices. Any notices or other communications provided by orda under these Terms will be given (i) via email, or (ii) by posting to the Service. All legal notices to us must be sent to legal@orda.network.
Contact Information. If you have any questions about these Terms or the Service, please contact legal@orda.network.
