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terms of service

Flashbots Ltd.#

Updated December 10, 2021

ACCEPTANCE OF TERMS#

BY ACCESSING THE FLASHBOTS SERVICE, YOU AGREE TO BOTH THE FLASHBOTS LTD. (“FLASHBOTS”) TERMS OF SERVICE AND THE PRIVACY POLICY related to Your use of the Flashbots Service as defined below.

FLASHBOTS provides free-to-use software to Ethereum Network node operators, miners, transactors, and other participants (“MEV Geth”) and operates a service, the “Relay”, which connects persons seeking to transact on the Ethereum Network to block producers on the same, along with certain other related services and online websites (collectively, such services the “Flashbots Services”). The Flashbots Services are subject to the following terms of service (“Terms of Service” or “ToS”). FLASHBOTS reserves the right to update these ToS at any time without notice to You.

FLASHBOTS shall have the right at any time to change or discontinue any aspect or feature of the Flashbots Service, including, but not limited to, content, access, or use.

ELIGIBILITY#

You represent and warrant that You are at least 18 years of age or the age of majority in Your state or jurisdiction of residence, whichever is greater, that You are capable of entering into a legally binding agreement and that You reside in a jurisdiction where Your use of the Flashbots Service is lawful. Your right to use the Flashbots Services is conditioned upon Your acceptance and compliance with these ToS. If You do not agree to be bound by the terms and conditions set forth in these ToS, You are not authorized to use the Flashbots Service and You agree to immediately discontinue any access to or use of the Flashbots Service.

In addition, in order to participate in the Relay, you may need to download, install, and run MEV Geth and, in certain situations discussed at greater length below, undertake certain personal and account verification steps prior to using the Relay.

SCOPE OF USE#

These Terms of Service cover all use of the Flashbots Service, regardless of how the Flashbots Service is accessed, and regardless of which device is used for access.

ELECTRONIC INFORMED CONSENT#

FLASHBOTS may, from time to time, ask You to accept these ToS, along with other online agreements and disclosures. By providing Your acceptance, You will be providing Your electronic informed consent that will affirm:

  • You understand and intend that these Terms of Service comprise a legally binding agreement and are equivalent to a signed, written contract; and
  • You will use the Flashbots Service in a manner consistent with applicable laws and regulations, and in accordance with the terms and conditions of these Terms of Service and any other applicable rules, guidelines or other conditions that govern the use of a particular service or site.

ACCOUNT CREATION & ONBOARDING#

Prior to joining the Relay as a miner, you may be required to complete the miner onboarding steps. In addition, FLASHBOTS reserves the right to require additional KYC/CDD documentation and procedures to verify your identity and/or control of any associated digital wallets.

AVAILABILITY#

FLASHBOTS does not represent that the Relay or any other aspect of the Flashbots Services will be available without interruption or for any particular duration, and shall not be responsible for any losses, damages, costs, expenses, lost opportunities, or other harm suffered by You in connection with interruption or termination of the Flashbots Services. YOU SHOULD READ THE LIMITATION OF LIABILITY HEREIN, WHICH INCLUDES LIMITATIONS ON FLASHBOTS POTENTIAL LIABILITY FOR ANY SUCH SERVICE INTERRUPTIONS.

ACKNOWLEDGMENT OF RISK#

You acknowledge that the underlying blockchain technologies involved in using the Flashbots Service are novel, technically complex, and involve inherent risks, with or without the use of GETH or the Flashbots Service. You bear all risk of loss from Your use of the Flashbots Service. FLASHBOTS shall have no liability for fluctuations in the value of any cryptocurrency, transaction, or any bundle of transactions, whether requested or provided.

You acknowledge that FLASHBOTS is constantly improving its security measures against security breaches that might result in the loss of data. In such a case, FLASHBOTS and its third-party partners responsible for the operation of the Flashbots Service or software shall not be liable to users for any damage caused.

You acknowledge that the Flashbots Services involve novel technological innovations aimed at facilitating more efficient access to blockchains. Results depend on a multiplicity of factors beyond the control of FLASHBOTS, including but not limited to luck, network difficulty, latency, reject rate, fees/tips, the activities of searchers and block producers, etc. Therefore, the outcomes cannot be predicted, and no representations or warranties are made with respect to the Flashbots Services. OUTCOMES ARE NOT GUARANTEED.

Your participation in the Flashbots Service involves the use of sophisticated hardware and software. FLASHBOTS will not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance under these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control and/or from the hardware used in the Flashbots Service, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

By accepting these Terms and using the Flashbots Service, You represent that you have the technical and financial knowledge, experience, and wherewithal to understand and undertake these risks.

USE OF THE FLASHBOTS SERVICE#

You agree to use the Flashbots Service for lawful purposes only, and solely in a manner consistent with the intent of FLASHBOTS as described in these Terms of Service.

You agree that You will not:

  • use the Flashbots Services for any unlawful or improper purpose specifically including without limitation misrepresentation, hacks, transaction manipulation (including, e.g., frontrunning a transaction, time bandit attacks, or similar activities), theft, deceit, unlawful or unregistered sales or offerings of securities, or otherwise use the Flashbots Services in connection with the violation of any applicable laws, rules or regulations;
  • use any electronic communication feature, including third-party platforms such as Telegram and Discord Channels managed by FLASHBOTS, of the Flashbots Service for any purpose that is unlawful, tortious, abusive, discriminatory, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
  • use the Flashbots Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as without limitation rights of privacy and publicity) of others, publish, post, distribute or disseminate any inappropriate, profane, discriminatory, defamatory, obscene, indecent or unlawful topic, name, material or information;
  • upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same, use any material or information, including images or photographs, which are made available through the Flashbots Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or damage the property of another, advertise or offer to sell or buy any goods or services for any business purpose, falsify or delete any copyright management information such as author attributions, watermarks, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, violate any code of conduct or other guidelines that may be applicable, harvest or otherwise collect information about others, including personal information or personal data such as by exemplar email addresses, violate any applicable laws or regulations, and/or create a false identity for the purpose of misleading others;

You shall be solely liable for any damage resulting from any unlawful, wrongful, deceitful or other act, or from infringement of copyrights, proprietary rights, or any other harm resulting from such an act. The foregoing provisions of this section are for the benefit of FLASHBOTS, its subsidiaries, affiliates, and agents (which term includes but is not limited to FLASHBOTS’s third-party service and content providers) and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Always use caution when giving out any personally identifiable information in any service. FLASHBOTS does not control or endorse the third-party content, messages, or information found in the Flashbots Service. FLASHBOTS disclaims any liability with regard to the Flashbots Service, and any actions resulting from Your participation in the Flashbots Service.

FLASHBOTS reserves the right to terminate Your access to the Flashbots Service at any time, without notice, for any reason whatsoever, including without limitation violation of these ToS or the FLASHBOTS community best practices, and You agree that FLASHBOTS will not be liable to You or to any third party for any such termination, suspension, or modification of Your access to the Flashbots Services.

We reserve the right to not admit You or other users to the Relay, or otherwise restrict access to the Flashbots Service, without any reason or cause. In the event the Flashbots Service is permanently or temporarily terminated, FLASHBOTS shall re-start services at its sole discretion as to timing and as to approach; in such event no resumption of service is promised or warranted.

LICENSE GRANT FROM FLASHBOTS#

FLASHBOTS hereby grants You a single, revocable, non-exclusive, non-transferable, and limited license, personal to You, to access and use the Flashbots Service. This license grant is conditioned on Your acceptance and adherence to these Terms of Service.

LICENSE GRANT TO FLASHBOTS#

Unless otherwise agreed upon by You and FLASHBOTS, any communications or material of any kind that You e-mail, post, or otherwise transmit through the Flashbots Service, including transaction data, transaction bundles, text communications, comments, or suggestions (Your “Communications”) will be treated as proprietary and confidential, to the extent not ultimately published to a public blockchain or other public record by virtue of the operation of such networks. You hereby grant FLASHBOTS a limited, non-exclusive license to use, adapt, or reproduce Your Communications for purely internal purposes, such as improvement of the Service, so long as such activity does not result in public disclosure of Your Communication.

TAXES & FEES#

Currently there is no fee for use of Flashbots Services; however, FLASHBOTS reserves the right to charge a fee in connection with Your use of the Flashbots Service. In the event FLASHBOTS chooses to charge a fee, it will be published in advance on GitHub and other websites, including the FLASHBOTS official Discord channel. Flashbots does not collect or deduct any taxes, levies, duties, or similar governmental assessments of any nature, assessable by any jurisdiction whatsoever (collectively, "Taxes"). You are responsible for determining whether any Taxes may apply to your use of the Flashbots Service, or any activity you undertake in connection with such use, and it is Your responsibility to report and remit the relevant Taxes to the appropriate taxing authorities. You agree that FLASHBOTS is not responsible for determining whether any Taxes apply, or the amount of any Taxes that may apply, to the Flashbots Service.

NO INVESTMENT ADVICE OR RECOMMENDATIONS#

Nothing contained in the Flashbots Service or any other content on the FLASHBOTS website constitutes a solicitation, recommendation, endorsement, or offer by FLASHBOTS to buy or sell any securities or other financial instruments. You understand that FLASHBOTS is not the source of the pricing or other information that may be available on the Flashbots platform and does not warrant its accuracy.

You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the Flashbots Service or any related service before making any decisions based on information we provide to You, such as hashrates. In exchange for using the Flashbots Service, You agree not to hold FLASHBOTS, its employees or agents (including, without limitation, independent contractors or other service providers) liable for any possible claim for damages arising from any decision You make based on information made available to You through any of the Flashbots Services.

CERTAIN INFORMATION MADE AVAILABLE BY FLASHBOTS#

We may make available to You certain public data and other information (including, without limitation, information derived from public blockchain records), including information that we obtain from our agents, including but not limited to partners, vendors, infrastructure providers and KYC providers. FLASHBOTS makes this information available to You as a service for Your convenience; FLASHBOTS neither endorses nor approves any such information. FLASHBOTS neither (1) guarantees the accuracy, timeliness, or completeness of any such information, nor (2) warrants any results from Your use or reliance on such information. You agree that You use any such information at Your own risk.

You agree that neither FLASHBOTS nor its agents (including, without limitation, independent contractors or other service providers) will be liable to You in any way for the termination, interruption, delay, or inaccuracy of any such information we provide to you. You agree that You will neither redistribute nor facilitate the redistribution of any such information, nor will You provide access to such information to anyone who is not authorized by FLASHBOTS to receive such information.

DISCLAIMER#

YOU EXPRESSLY AGREE THAT USE OF THE FLASHBOTS SERVICE IS AT YOUR SOLE RISK. NEITHER FLASHBOTS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, MEMBERS, OWNERS, EMPLOYEES, OR LICENSORS, WILL BE LIABLE FOR ANY USE OR MISUSE OF THE FLASHBOTS SERVICE, WHETHER THAT USE IS BY FLASHBOTS, YOU, OR A THIRD PARTY. NEITHER FLASHBOTS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS, WARRANT THAT THE FLASHBOTS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FLASHBOTS SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, MATERIALS, OR MERCHANDISE PROVIDED THROUGH THE FLASHBOTS SERVICE. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE BOTH (I) IMPLIED BY LAW AND (II) INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, UNDER LAWS APPLICABLE TO THESE TERMS OF SERVICE.

WITHOUT LIMITING THE FOREGOING, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, THE FLASHBOTS SERVICE AND ANY MATERIALS OR CONTENT FOUND THEREIN, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

YOU ACKNOWLEDGE THAT FLASHBOTS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS, AND THAT YOU ALONE ARE ASSUMING THE RISK OF INJURY FROM THE FOREGOING, TO THE FULLEST EXTENT OF THE LAW. IN NO EVENT WILL FLASHBOTS, ITS AFFILIATES, ANY OF THEIR RESPECTIVE OFFICERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, LICENSORS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR PROVIDING THE FLASHBOTS SERVICE OR THE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FLASHBOTS SERVICE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FLASHBOTS NOR ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE FLASHBOTS SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. FLASHBOTS SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

FLASHBOTS RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS TO THE FLASHBOTS SERVICE AND THESE TERMS OF SERVICE AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE FLASHBOTS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” FLASHBOTS DOES NOT WARRANT, AND AFFIRMATIVELY DISCLAIMS, ANY AND ALL WARRANTIES REGARDING, THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE FLASHBOTS SERVICE OR ON THE FLASHBOTS WEBSITE. FLASHBOTS PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. FLASHBOTS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE FLASHBOTS SERVICE OR THE OPERATION THEREOF. FLASHBOTS MAY CHANGE INFORMATION CONTAINED IN THE FLASHBOTS SERVICE AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED THEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE FLASHBOTS SERVICE.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FLASHBOTS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE FLASHBOTS SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY#

IN NO EVENT SHALL FLASHBOTS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOU OR THE RELEVANT PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM LOSS FROM YOUR: (I) INABILITY TO USE, (II) USE, AND/OR (III) MISUSE OF, DATA; NOR SHALL FLASHBOTS BE LIABLE FOR ANY LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE FLASHBOTS SERVICE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE RELATED TO THE FLASHBOTS SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL FLASHBOTS OR ITS AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE FLASHBOTS SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY FLASHBOTS. FLASHBOTS AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF FLASHBOTS AND/OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE FLASHBOTS SERVICE; (II) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE FLASHBOTS SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE FLASHBOTS SERVICE; (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE FLASHBOTS SERVICE. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD FLASHBOTS RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE FLASHBOTS SERVICE.

Because some states and jurisdictions prohibit the limitation of liability for consequential or incidental damages, in such jurisdictions the limitation of liability only with respect to consequential or incidental damages may not apply to You, and the respective liability of FLASHBOTS and its agents, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.

In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of Your remedies under these Terms of Service fail, then You expressly agree that under no circumstances will the total, aggregate liability of FLASHBOTS and its agents, employees, distributors, agents or affiliates, to You or any party claiming by or through You for any cause whatsoever, exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

LINKS TO THIRD-PARTY SITES#

LINKS FOUND IN THE FLASHBOTS SERVICES MAY LET YOU LEAVE THE FLASHBOTS SERVICES TO ENTER OTHER SITES. YOU ACKNOWLEDGE THAT SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF FLASHBOTS, AND FLASHBOTS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. FLASHBOTS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. FLASHBOTS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY FLASHBOTS. ONCE YOU TRANSFER TO ANOTHER SITE, YOU ARE SUBJECT TO THEIR TERMS OF USE, PRIVACY POLICY AND COOKIE POLICY, IF ANY.

INDEMNIFICATION#

You agree to defend, indemnify and hold harmless FLASHBOTS, its affiliates and their respective owners, members, directors, officers, employees and agents from and against all Federal, State, and International, claims, demands, losses, costs, and/or expenses, including attorneys’ fees, arising out of the use of the Flashbots Service by You.

TERMINATION#

FLASHBOTS shall have the right to immediately terminate Your access to the Relay in the event of any conduct by You that FLASHBOTS, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of these Terms of Service.

TRADEMARK NOTICE#

The term FLASHBOTS and Flashbots, along with any associated logos, are trademarks of FLASHBOTS and its subsidiaries, all rights reserved. All other trademarks appearing on the Flashbots Website or within the Flashbots Service are the property of their respective owners.

PRIVACY POLICY#

To access the Flashbots Service, You agree to our privacy and data security practices when you create an account to access the Flashbots Service and when you accept these Terms of Service. Our privacy and data security practices can be found by visiting our privacy policy.

CHOICE OF LAW#

These Terms of Service are governed by and construed in accordance with the laws of the Cayman Islands, excluding that body of laws pertaining to conflict of laws. If any provision of these Terms of Service is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable.

DISPUTE RESOLUTION#

Except to the extent applicable law provides otherwise, these Terms of Service and any access to or use of the Flashbots Service will be governed by the laws of the Cayman Islands, without regard to the conflict of laws rules thereof. All disputes of any nature related to these Terms of Service shall be determined by final and binding arbitration in the Cayman Islands before a single arbitrator. The parties shall agree on the rules and procedures to be followed in the arbitration. Unless otherwise agreed in writing between the parties, the arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the Cayman Islands (without regard to the conflict of laws rules thereof). Judgment on the arbitral award may be entered in any court having jurisdiction thereof. The foregoing arbitration provisions shall not preclude either party from seeking an injunction or other provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and reasonable attorneys’ fees of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose. The parties further agree that (i) any claims brought by either party must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and (ii) the arbitrator may not (x) consolidate more than one person’s claims, (y) otherwise preside over any form of a representative or class proceeding or (z) award class-wide relief. BY AGREEING TO THESE TERMS OF SERVICE YOU WAIVE ANY RIGHT TO TRIAL BY JURY.

CONTACT#

If you have questions about these Terms of Service, You can contact us by email at legal@flashbots.net