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Ethereum Foundation) nor Ethereum team shall be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data that occurs as a result. Risk of Alternative, Unofficial Ethereum Networks. In particular, nothing in these terms shall affect the statutory rights of any user or exclude injury arising from any willful misconduct or fraud of Stiftung Ethereum.
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Risk of Rapid Adoption and Increased Demand. What goes around comes around. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. The Platform will be developed by persons and entities who support Ethereum, including both volunteers and developers who are paid by nonprofit entities interested in supporting the Ethereum Platform. The arbitration panel shall consist of one arbitrator only, unless the ICC Court of Arbitration determines that the dispute is such as to warrant three arbitrators.
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The parties undertake to carry out the award without delay and waive their right to any form of recourse against the award in so far as such waiver can validly be made. This would represent revenue losses to businesses or worst case, cause businesses to cease operations because such operations have become uneconomical due to distortions in the crypto-economy. We will endeavour to provide solutions within the voluntary 24 hour waiting period. All nominations must be Swiss resident.
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The tribunal shall not assume the powers of amiable compositeur or decide the case ex aequo et bono. Stiftung Ethereum is finally not liable for: Unavoidable casualty Delays in delivery of materials Embargoes Government orders Acts of civil or military authorities Lack of energy Any similar unforeseen event that renders performance commercially implausible. All capitalized terms in this agreement will be given the same effect and meaning as in the Terms. To the extent possible, Stiftung Ethereum intends to update the protocol underlying the Ethereum Platform to account for any advances in cryptography and to incorporate additional security measures, but it cannot predict the future of cryptography or guarantee that any security updates will be made. In the final award, the tribunal shall fix the costs of the arbitration and decide which of the parties shall bear such costs in what proportion.
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The User acknowledges that any expectations regarding the form and functionality of the Ethereum Platform held by the User may not be met upon release of the Ethereum Platform, for any number of reasons including a change in the design and implementation plans and execution. And the state of the art can advance over time. The user acknowledges the following serious risks to any use the Ethereum Platform and ETH and expressly agrees to neither hold Ethereum Stiftung nor the Ethereum Team liable should any of the following risks occur: Risk of Regulatory Actions in One or More Jurisdictions.