Disclaimer and Further Information
This whitepaper and XVA issuance is by Nova XVA Limited, a company located in the Seychelles.
Nova XVA Limited, Suite 9, Ansuya Estate, Royal Street, Victoria, Republic of Seychelles
Contact: token@novaxva.com
Legal Disclaimer
Disclaimers and Limitations of Liability
To the fullest extent permissible by applicable law, the issuer of the Nova XVA token, along with any of its subsidiaries, affiliates, and licensors, as well as their respective employees, agents, and contractors, makes no express warranties and hereby disclaims all implied warranties (including, but not limited to, those related to any crypto tokens, smart contracts, or blockchain networks). This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or reliability. Furthermore, the issuer of the Nova XVA token does not provide any warranties regarding third-party services such as wallets or exchanges that you may use to access or trade the Nova XVA token. By using these services, you acknowledge and accept the inherent security risks associated with providing information and conducting transactions online.
The issuer of the Nova XVA token shall not be held liable for any losses incurred as a result of your interaction with any blockchain network or digital/electronic wallet. This includes, but is not limited to, losses arising from user errors such as forgotten passwords, misconfigured smart contracts, or incorrect transactions; server failures or data loss; corrupted wallet files; or unauthorized access and malicious activities by third parties, including phishing, brute-forcing, or other types of attacks.
Nova XVA tokens are intangible digital assets, existing solely as ownership records on blockchain technology. All smart contracts operate within a decentralized blockchain environment, which represents an emerging and evolving technology. The issuer of the Nova XVA token makes no guarantees or promises regarding the function or outcomes of any smart contracts. Additionally, the issuer shall not be liable for any losses caused by blockchain malfunctions, vulnerabilities, or other related features, including electronic or digital wallet failures.
The issuer of the Nova XVA token, along with its subsidiaries, affiliates, licensors, employees, agents, and contractors, will not be held responsible for any indirect, incidental, special, consequential, or exemplary damages, howsoever caused and under any theory of liability. This includes, but is not limited to, loss of profits (direct or indirect), loss of goodwill or business reputation, loss of data, or costs related to the procurement of substitute goods or services. Even when advised of possible damages, such liabilities are expressly disclaimed.
You acknowledge and agree that the issuer’s total, aggregate liability for any claims related to the Nova XVA token is limited to the total amount you have paid to the issuer in the twelve (12) months prior to the date the claim arose. The issuer has provided the Nova XVA token under the conditions outlined in this disclaimer and relied on these limitations of liability as a fair allocation of risks, which form an essential basis of this agreement.
Some jurisdictions do not allow certain limitations on liability or disclaimers of warranties, meaning certain clauses may not apply to personal injury claims in those regions.
Governing Law and Jurisdiction
Any actions, claims, or disputes regarding the Nova XVA token shall be governed by and interpreted under the laws of the Seychelles. Any such legal action shall be subject to the exclusive jurisdiction of the courts in the Seychelles, and you waive any objections to jurisdiction and venue.
Arbitration
You and the issuer of the Nova XVA token agree that all disputes arising out of or in connection with the Nova XVA token will be resolved exclusively through individual arbitration. Such disputes will be settled in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedures. A mediator will be designated by the CEDR to handle the matter. By agreeing to arbitration, you and the issuer of the Nova XVA token waive standard recourse to the courts of law.
No Class Action
You acknowledge and agree that any claims brought against the issuer of the Nova XVA token must be filed in your individual capacity and not as a plaintiff or class member in any collective legal action. By agreeing to this provision, you waive your right to participate in any class action lawsuits.