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EXPERT TRADE GENERAL TERMS OF USE
Last updated: July 26, 2020
PLEASE CAREFULLY READ THESE GENERAL TERMS OF USE FOR THE PLATFORM BEFORE USING THE WEBSITE HTTPS://EXPERTTRADE.BIZ, THE PRODUCTS AND THE SERVICES OFFERED HEREWITH, AS THEY AFFECT YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS AND LIMITATION OF LIABILITY. IF YOU DO NOT AGREE WITH THESE GENERAL TERMS OF USE, YOU SHALL NOT USE THE PLATFORM, THE WEBSITE HTTPS://EXPERTTRADE.BIZ AND SERVICES OFFERED HEREWITH. SERVICES, OFFERED AT THE PLATFORM ARE RELATED TO PURCHASING AND SELLING OF THE DIGITAL CURRENCIES AND OTHER PRODUCTS WITH DIFFERENT VOLATILITY, INCLUDING HIGH VOLATILITY (HEREINAFTER – “PRODUCTS”). THE ADDITIONAL SERVICES AND PRODUCTS MAY BE ADDED TO THE PLATFORM FROM TIME TO TIME. PURCHASING PRODUCTS INVOLVES RISKS, AND YOU SHOULD BE ABLE TO BEAR THE LOSS OF YOUR ENTIRE PURCHASE. YOU SHOULD MAKE YOUR OWN DETERMINATION OF WHETHER OR NOT TO MAKE ANY PURCHASE, BASED ON YOUR OWN INDEPENDENT EVALUATION AND ANALYSIS. DO NOT PURCHASE OFFERED AT THE PLATFORM PRODUCTS IF YOU ARE NOT AWARE IN DEALING WITH DIGITAL CURRENCY, DIGITAL ASSETS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. PRIOR TO PURCHASING PRODUCTS, YOU SHOULD CAREFULLY CONSIDER THESE GENERAL TERMS OF USE AND, TO THE EXTENT NECESSARY, CONSULT AN APPROPRIATE LAWYER, ACCOUNTANT OR TAX PROFESSIONAL. IF ANY OF THE FOLLOWING TERMS IS UNACCEPTABLE TO YOU, YOU SHOULD NOT PURCHASE ANY OF OFFERED AT THE PLATFORM PRODUCTS. BY PURCHASING PRODUCTS, AND TO THE EXTENT PERMITTED BY LAW, YOU AGREE NOT TO HOLD ANY OF THE COMPANY AND ITS RESPECTIVE PAST, PRESENT AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS PROTOCOLS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS LIABLE FOR ANY LOSSES OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM, OR IN ANY WAY CONNECTED, TO THE OFFERED PRODUCTS, INCLUDING LOSSES ASSOCIATED WITH THE TERMS SET FORTH BELOW.
Page | 2 THE PLATFORM DOES NOT PROPOSE ANY PRODUCT THAT CONSTITUTES SECURITIES OF ANY FORM, UNITS IN A BUSINESS TRUST, UNITS IN A COLLECTIVE INVESTMENT SCHEME, CAPITAL MARKET PRODUCTS, DEBENTURE, SPOT FOREIGN EXCHANGE CONTRACTS, SHARES OR ANY OTHER FORM OF REGULATED INVESTMENT OR INVESTMENT PRODUCT IN ANY JURISDICTION. THE COMPANY PROVIDES WITH THE POSSIBILITY TO MEET THE CUSTOMERS AND THIRD PARTIES CONTRACTORS AT THE PLATFORM MARKETPLACE. THE PLATFORM, THE WEBSITE HTTPS://EXPERTTRADE.BIZ, THE SERVICES AND PRODUCTS OFFERED HEREWITH ARE NOT INTENDED FOR THE USE OF, AND CAN NOT BE USED BY, CITIZENS OF, NATURAL AND LEGAL PERSONS, HAVING THEIR HABITUAL RESIDENCE, LOCATION OR THEIR SEAT OF INCORPORATION IN (I) THE UNITED STATES OF AMERICA (INCLUDING ITS STATES AND THE DISTRICT OF COLUMBIA), PUERTO RICO, THE VIRGIN ISLANDS OF THE UNITED STATES, ANY OTHER POSSESSIONS OF THE UNITED STATES OF AMERICA, OR (II) CANADA, DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA (NORTH KOREA), IRAN, SYRIA, SOMALIA, SOUTH SUDAN, SUDAN, GUINEA, GUINEA-BISSAU, IRAQ, LEBANON, MYANMAR (BURMA), VENEZUELA, ZIMBABWE, JAMAICA, PAKISTAN, BAHAMAS, BARBADOS, GHANA, BOTSWANA, CAMBODIA, PANAMA, ALBANIA, MAURITIUS, MONGOLIA, UGANDA, ICELAND, CUBA, OR (III) THE COUNTRY OR TERRITORY WHERE USING THE PLATFORM, ITS ONLINE SERVICES OR THE METHOD OF PAYMENT FOR THE SERVICES SPECIFIED AT THIS PLATFORM IS PROHIBITED OR IN ANY MANNER RESTRICTED BY APPLICABLE LAWS OR REGULATIONS. IF SUCH RESTRICTED PERSON USES THE PLATFORM OR THE SERVICES AT THIS PLATFORM, SUCH RESTRICTED PERSON HAS DONE SO ON AN UNLAWFUL, UNAUTHORIZED AND FRAUDULENT BASIS AND IN THIS REGARD SHALL BEAR NEGATIVE CONSEQUENCES CONTEMPLATED IN THIS TERMS OF USE. THE PLATFORM RESERVES THE RIGHT TO IMPOSE ADDITIONAL REQUIREMENTS OR CONDITIONS BEFORE ACCEPTING THE CUSTOMERS RESIDING IN OR FROM SPECIFIC COUNTRIES IN ITS SOLE DISCRETION. WE HAVE NOT BEEN LICENSED, APPROVED, DISAPPROVED OR RECOMMENDED BY THE SECURITIES AUTHORITY OR ANY OTHER REGULATORY AUTHORITY IN ANY JURISDICTION. NO AUTHORITY HAS EXAMINED, PASSED JUDGMENT UPON OR ENDORSED THE MERITS OF OUR SERVICES OFFERED AT THE PLATFORM. ANY OR ALL THIRD PARTIES, OFFERING THEIR PRODUCTS AT THE PLATFORM, AS WELL MIGHT HAVE NOT BEEN LICENSED, APPROVED, DISAPPROVED OR RECOMMENDED BY THE SECURITIES AUTHORITY OR ANY OTHER REGULATORY AUTHORITY IN ANY JURISDICTION. BEFORE MAKING DECISION TO PURCHASE ANY OF OFFERED PRODUCTS YOU SHOULD LEARN CAREFULLY THE INFORMATION ABOUT THE PROVIDER OF SUCH PRODUCT. IF YOU ARE IN ANY DOUBT AS TO THE ACTION YOU SHOULD TAKE, YOU SHOULD CONSULT YOUR LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S). IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCEPT THESE TERMS OF USE OR USE THE PLATFORM AND ITS SERVICES.
Page | 3 1. Introduction of these General terms of use. 4 2. Definitions 5 3. Scope of Services 7 4. User Account 7 5. Opening digital currency wallet and operating with Digital Currencies and Products 8 6. Eligible Operating with Digital Currencies, Digital Assets and Products 10 7. Flow of Services provided by Third Party 11 8. Charges 12 9. Representations and warranties of the Customer 12 10. Use of the Website 14 11. Platform Content 16 12. Intellectual Property 18 13. NO ADVICE 19 14. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY 19 15. Customer’s Liability and Indemnification 22 16. RISK DISCLOSURE STATEMENT 23 17. Termination and Suspension 29 18. TAXES 30 19. Governing Law and Dispute Resolution 30 20. Customer Service 30 21. Miscellaneous 31 22. Contact Us 31 1. Introduction of these General terms of use.
Welcome to EXPERT TRADE, the marketplace which makes accessible smart investments in the investment products with high threshold! We hope that you will really enjoy the EXPERT TRADE, Platform and find it useful, and we have made everything possible for it. These General Terms of use (hereinafter referred to as – Terms, Terms of use, Terms of service, Agreement) govern your usage of the website experttrade.biz and all of its subdomains and all their respective pages ("Website"). By using Website experttrade.biz, you confirm your acceptance Terms of use in full. If you disagree with Terms of use or any part of Terms of use, you must not use the Website experttrade.biz
Page | 4 These Terms shall be considered as an accession agreement. By joining this Agreement, you agree to perform all further operations on the terms and in the manner established in these Terms. Joining this Agreement is carried out by creating (registering) the Users Account as defined below. You must agree with and accept all of Terms of use before using of the Website experttrade.biz. We reserve the right to update and/or to change these Terms of use or other conditions of use the experttrade.biz Website at any time without notice to you. The actual version of the Terms of use can be reviewed, in particular, at our website. You are responsible for regularly reviewing these Terms. Continued use of this Platform following such amendments will constitute your acceptance of such amendments. If you do not agree to these Terms, please discontinue to use this Website EXPERTTRADE.BIZ. By using Website after Terms changing, you confirm that you are agree and accept these changes. These Terms of use shall prevail over any previous agreements, arrangement, express or implied statements made by the Company. You must be at least 18 years of age or older to use the Website EXPERTTRADE.BIZ. You represent and warrant that you are at least 18 years of age or older and are fully able and competent to enter into, and abide by, this Terms of service. If you are not yet 18 years of age, or do not wish to abide by these Terms of use, you must not use this Website EXPERTTRADE.BIZ. Users may not make commercial and/or serial and/or automated use of this Website EXPERTTRADE.BIZ. This Website strictly forbids any use of data mining, data gathering, bandwidth theft, offline browsing plug-ins and software and/or download and/or batch download or access and any access via any software except for the main common and official web browsers. 2. Definitions The following terms used throughout these Terms of service shall have the meaning and scope indicated below: “AML” means Anti-Money-Laundering and refers to a set of procedures, laws and regulations designed to stop the practice of generating income through illegal actions. “CTF” means Counter-Terrorism Financing and involves investigating, analyzing, deterring and preventing sources of funding for activities intended to achieve political, religious or ideological goals through violence and the threat of violence against civilians. “KYC” means Know Your User, the process of a business verifying the identity of its Users and assessing potential risks of illegal intentions for the business relationship. “Company”, “EXPERT TRADE” or “we” means EXPERT TRADE LTD, a company duly organized and existing under the laws of United Kingdom under the registration number 10908694. "Company Parties" means the Company and its respective past, present and future employees, officers, directors, contractors, consultants, attorneys, accountants, financial advisors, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns. "Company Party" means one of the foregoing, as the case may be. “Customer”, “User”, “you” refers to: a) individual who has reached the age consent under the law of the country of individual's residence and is over 18 years old, which are authorized for using Service
Page | 5 b) entities which are incorporated and make deals under the Law of the country of their incorporation, which are authorized for using Service. Anyway, each Customer must have the full legal capacity. “Content” - all text, information, graphics, audio, video and/or other data that is used or/and offered in the Website. "Damages" means damages, losses, liabilities, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special and including, without limitation, any loss of business, revenues, profits, data, use, goodwill or other intangible losses. "Privacy Policy" means the document describing the methods how the Company collects, uses and releases information collected from you available on the Website (as may be amended from time to time). “Services” means any services provided by the Company, Company Parties or Third Parties and available via the Website; “Product”, “Products” means an object, including but not limited to Digital Currency and Digital Assets, offered to Customers, which might be based on an underlying asset or group of assets, that is purchased with any expectation. “Third Party” means a legal entity, incorporated and acting in accordance with legislation of its jurisdiction and offering or providing its Services via the Website. "Restricted Persons" has the meaning, set out in Article 6.2. "Third-Party Content" has the meaning, set out in Article 10. "User Account" has the meaning, set out in Article 4.1. "User Content" has the meaning, set out in Article 10. "Click, to Click on/to" has the meaning, set out in Article 10.11. “Website”, means the website at: www.experttrade.biz “Platform” refers to the Website. “Blockchain” means a kind of growing database, which consists from a number of records (called blocks) with information about performed transactions in Digital Currency, linked by cryptography. “Digital Currency” means blockchain-based assets or rights, or other similar digital representations of rights or assets, including but not limited by Bitcoin, USDT, Ethereum and other digital currencies, in which encryption and distributed ledger techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently from any particular government, person or entity; “Digital Assets” means Digital Currency or token available in a particular public blockchain network that are accepted by the Platform. The Platform may from time to time without argumentation and in full discretion add or remove particular cryptocurrency or token from this list without the need to change these Terms. “Fiat Currency” means any currency, issued by government and not secured by gold or any other precious metals. “Purchase Amount” is the amount of Digital Currency and/or Fiat currency that is determined as price of Digital Currency or Product multiplied at the number of Digital Currency or Product actually purchased.
Page | 6 “Payment” - payment of Purchase Amount in full. 3. Scope of Services 3.1. The Company provides Services to support to Customers and Third Parties, who wish to use/provide services, based on Blockchain and related to operate with Digital Currencies, Digital Assets and other Products. As a part of supporting Services the Company may incorporate a User Account, verifies the Customers by own means or with assistance of a Third Party, may open a digital wallets, execute orders, provide with any other Services according to the legislation of the country of incorporation, requested by a Third Party. 3.2. By opening an account at the Platform, as set out in Article 4, the Customer will be able to store, transfer and manage the balance of supported by the Platform Digital Currencies, Digital Assets and other Products. 3.3. In order to be able to provide you with the Services by the Company, Company Party or Third Party, the Platform provides you with access to the Website with the limited license to view and use the Content, which you may not transfer to any third party and/or use in any unlawful way. 3.4. Where the Service is provided by a Third Party, you will be informed in appropriate way. Please read carefully such notifications. In case you do not agree with terms and conditions (as well other appropriate documents), provided by Third Party, you should not use such services. The Platform in any case shall not be liable for the Services, available and provided by Third Parties via the Website. 4. User Account 4.1. To be able to access the Services, provided via the Platform, you need to register an account (“User account”) as per the procedure described below. By creating a User account you agree to keep your login and password in safe manner, not transfer it to any third party (including but not limited to share, sell, lease and any other types of transferring data on a paid or non-paid basis to have access to your User account). You represent that your use of User account will not involve any unlawful activity including without limitation to money laundering, terrorist financing, gambling, drug or human trafficking etc. 4.2. In order to register a User account you will be asked to provide some of your Personal Data. For more details how we process and keep your Personal Data please find at our Privacy Policy, GDPR collecting notice and Cookies Policy. 4.3. The fact of creating a User account does not mean by itself the automated ability to use the Services, offered via the Platform. In case you wish to use one of the offered Services you will be required to pass an identity verification which includes verifying your ID documents and compliance checks (so we may assess your involvement in terrorist financing, money laundering or any other type of financial crimes). Hereby you acknowledge and agree that the verification procedure may be held by us or by our authorized third party contractors. The results of such checks may be used by us and, as applicable, by the Third Party to determine where you are eligible to use any of Service, available or offered via the Platform. 4.4. It will be your responsibility to notify us immediately any unauthorized access of use of your account or password or any other breach of security. If you ever find out or suspect that someone access
Page | 7 your account without authorization, you are advised to inform us immediately. We shall not be held liable for any loss and/or damage arising from any failure to comply with this term of use. 4.5. The following restrictions and conditions apply to the use of services and creating and maintaining the User Account: a) you shall not create a User Account, or access Services if you are under the age of majority to enter into the agreement contemplated by these Terms (at least 18 years of age) and meet all other eligibility criteria and residency requirements and fully able and legally competent to use the Website; b) you shall monitor your User Account to restrict use by minors, and you shall deny access to children and teenagers under the age of 18. You accept full responsibility for any unauthorized use of the Website by minors in connection with your User Account. You are solely responsible for any use of your cryptocurrency wallet or other payment instrument by minors; c) you shall not create a User Account if you have already created one User Account on the Website; d) you shall not have a User Account or use Services if you have previously been removed by Company from the Platform; e) you shall not use Services if you are a Restricted Person; f) you shall not use your User Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party; g) you shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your User Account to anyone without Company’s written permission; h) you shall not access or use a User Account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original User Account creator without Company’s consent. 4.6. You acknowledge and agree that the Company shall be entitled to terminate or suspend your User Account at its sole discretion without any notice to you in the event of your breach of these Terms or without any reason as it described in Article 12. You understand that termination of your User Account may lead to blocking, deleting and limiting of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your User Account, as well as access to some of the Services, products, utilities and offerings of Company Parties or Third Party (as the case may be). 5. Opening digital currency wallet and operating with Digital Currencies and Products 5.1. While you using of the Services you may choose to open a Digital Currency Wallet (hereinafter “Wallet”), supported by us or by Third Party (hereinafter “Wallet Provider”), who is providing Services via the Platform. You acknowledge that Wallet, supported by us, may be used only for operating with Digital Assets.
Page | 8 5.2. At the moment of creating a Wallet it will be generated a multisignature wallet, which you may operate by means of the Platform. You will be able to initiate the transactions in all supported by the Platform digital assets. 5.3. Digital Currency, Digital Assets and/or Products delivery procedure will be defined in the appropriate Terms provided by a Third Party, offering its Services via the Platform, and may be different for each particular Digital Currency and/or Product. 5.4. In any case we are not obliged to pay any interest on the Digital Currency, Digital Assets and/or Products, deposited by you on the Wallet, opened at the Platform. 5.5. The Company reserves the right for an emergency stop of functionality, the right to terminate the Digital Currency, Digital Assets and/or Products delivery process at the sole discretion of the Company not being considered a breach of these Terms and shall only be applied in limited situations, such as, but not limited to: a. serious security issue detected; b. serious network performance issue, depriving all users of equal treatment; c. any type of material attack on the Digital Currency, Digital Assets and/or Products, the Platform, Website or Ethereum network; d. requirements of applicable law. 5.6. You acknowledge and agree that we do not have any control for the transactions, made by you through the means of the Wallet. All the transactions with Digital Currencies and other Products, as well as decisions to enter in such transactions, are made solely by you, therefore we are not liable for any transaction, made using the Wallet. 5.7. If you choose to open a Wallet and use Services and/or Products available at the Platform, we and/or the Third Party, as applicable, shall take all commercially reasonable efforts to create effective mechanisms to eliminate the risks, arising from possible misuse of the Services and Products to legalize proceeds of crime and financing of terrorism through the activities of risky customers, and to detect unwanted activities arising from them by adopting and appropriate Know Your Client (KYC), Anti Money Laundering (AML) and Counter Terrorist Financing (CTF) Policies. 5.8. The above mentioned Policies shall: i. be governed by the applicable law; ii. respect international standards in this area; iii. follow the principles of KYC, especially: ● name matching against international lists of persons and movements under sanction; ● analysis and verification of the Customer’s true identity; ● more rigorous identification and verification of the Customer if necessary; ii. monitor Customers’ Wallet in case of suspicious transactions (if applicable); iii. do not create anonymous accounts and do not register at the Platform the Customers who refuse to undergo the identification;
Page | 9 iv. include training and informing the Company’s employees; v. includes appointment of KYC/AML/CTF officer. 5.9. You acknowledge and agree that we are allowed to transfer to the Third Party, who is providing Services via the Platform your personal data necessary to commit KYC/AML/CTF check prior to delivery of Digital Currencies, Digital Assets and/or Products. You confirm that you give your consent to us to such transfer, if any. You give us your consent on processing of such your personal data, if any, in purposes of KYC/AML/CTF check to the Third Party. 5.10. We reserve the right to adopt additional KYC/AML/CTF check before creating to you a Wallet or provide you with access to use the Services and/or Products, offered via the Platform. 5.11. You accept the risks to be denied as the participant of the Platform at any time due the reasons of KYC/AML/CTF check and/or due the fail to provide with requested documents or information. 5.12. Your failure to provide accurate and complete information required for passing the KYC/AML/CTF procedures may result in delays, losses, costs, non-delivery of refunds of Digital Currencies, Digital Assets and/or Products, or other issues. 5.13. Digital Currencies, Digital Assets and Products, offered at the Platform are not consumer products and you accept explicitly and agree to it that when you buy Digital Currencies, Digital Assets and/or Products you are not covered by the consumer protection regulations of any jurisdiction. 5.14. You are responsible for implementing all reasonable and appropriate measures for securing your Wallet, vault or other storage mechanism you use to make payments and to receive and store Digital Currencies, Digital Assets and/or Products that are issued to you by the smart contract, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to Digital Currencies, Digital Assets and/or Products. We shall not be responsible for any security measures relating to your receipt, possession, storage, transfer or potential future use of Digital Currencies, Digital Assets and/or Products nor shall we be under any obligation to recover or return any Digital Currencies, Digital Assets and/or Products and Company hereby excludes (to the fullest extent permitted under Applicable Law) any and all liability for any security breaches or other acts or omissions which result in your loss (including loss of access to) of Digital Currencies, Digital Assets and/or Products. 6. Eligible Operating with Digital Currencies, Digital Assets and Products 6.1. By purchasing Digital Currency, Digital Assets and/or Products you covenant, represent, and warrant that (under the Applicable Law and law of your residence): a. You are of an age of majority to accept these Terms (at least 18 years of age), meet all other eligibility criteria and residency requirements, and is fully able and legally competent to use the Digital Currency, Digital Assets and/or Products and in doing so will not violate any other agreement to which you are a party; and b. you have necessary and relevant experience and knowledge to deal with Digital Currency, Digital Assets and/or Products, available at the Platform, and blockchain-based systems.
Page | 10 full understanding of their framework, and are aware of all the merits, risks and any restrictions associated with Digital Currency, Digital Assets and/or Products, available at the Platform (their purchase and use) and blockchain-based systems, as well as knows how to manage them, and is solely responsible for any evaluations based on such knowledge; and c. you are a corporation or other legal entity, you have the right, power and authority to accept these Terms on behalf of the corporation or other legal entity and bind them to these Agreement; and d. you will not be using Digital Currency, Digital Assets and/or Products for any illegal activity, including but not limited to money laundering and the financing of terrorism; and e. all documents and information provided by you to Company and/or Third party are valid and accurate. 6.2. You are only allowed to purchase Digital Currency, Digital Assets and/or Products if and by buying Digital Currency, Digital Assets and/or Products you covenant, represent, and warrant that you are not a Restricted Person. The sale of Digital Currency, Digital Assets and/or Products is not directed at, and each purchaser of Digital Currency, Digital Assets and/or Products will be required to represent, among other things, that they are not: a. a citizen, resident (tax or otherwise) of, a person located or domiciled in, or any entity organized in or owned by certain persons in i. the United States and its territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas) (including any U.S. Person pursuant to the U.S. Securities Act of 1933 (as amended)), ii. Canada, iii. any jurisdiction listed by the Financial Action Task Force as high-risk or with strategic deficiencies; iv. Democratic People’s Republic Of Korea (North Korea), Iran, Syria, Somalia, South Sudan, Sudan, Guinea, Guinea-Bissau, Iraq, Lebanon, Myanmar (Burma), Venezuela, Zimbabwe, Jamaica, Pakistan, Bahamas, Barbados, Ghana, Botswana, Cambodia, Panama, Albania, Mauritius, Mongolia, Uganda, Iceland, Cuba, or v. any jurisdiction for or in which the sale Digital Currency, Digital Assets and/or Products, or any offer or solicitation in respect of Digital Currency, Digital Assets and/or Products, would require registration or licensing not obtained by the Company or a Third Party would be unlawful or which restricts or licenses the activities of the kind that can be accessed or used with Digital Currency, Digital Assets and/or Products; or b. a person under the age of at least 18 years old; c. or a person that is: i. identified as a “Specially Designated National” by the Office of Foreign Assets Control or otherwise listed on a Sanctions List in any jurisdiction; ii. placed on the U.S. Commerce Department’s Denied Persons List; iii. on any trade and/or economic sanctions lists, such as the United Nations Security Council Sanctions List, or restricted or prohibited from engaging in any type of trading by the European Union, Monetary Authority of Singapore or any other administrative law enforcement agencies;
Page | 11 d. a person that is not a qualified (professional, sophisticated or accredited) investor subject to the definition of its jurisdiction applicable law, if in accordance with such applicable law the purchase of Digital Currency, Digital Assets and/or Products and/or its using within the Platform by no qualified (professional, sophisticated or accredited) investors are prohibited or any other way regulated or limited; (any such person falling under (a) or (b) or (c) or (d) a “Restricted Person”). In addition, you will be required to represent that you are outside of the United States at the time of agreeing to purchase Digital Currency, Digital Assets and/or Products, was outside of the United States at the time any offers to sell or any offers to buy Digital Currency, Digital Assets and/or Products were reviewed, and will be outside of the United States at any time that you perform your obligations under these Terms and subsequently use Digital Currency, Digital Assets and/or Products. Consequently, you must make your own assessment as to your ability to purchase Digital Currency, Digital Assets and/or Products pursuant to laws applicable to you and to confirm that you are not a Restricted Person. No registration or other action has been or will be taken in any jurisdiction that would, or is intended to, permit the sale of Digital Currency, Digital Assets and/or Products in any country or jurisdiction where registration or other action for that purpose is required. None of the Company or any of their respective agents or representatives, is making any representation to any potential purchase of Digital Currency, Digital Assets and/or Products as to the legality of a purchase of Digital Currency, Digital Assets and/or Products by such purchaser under the laws applicable to such purchaser. 6.3. IF A RESTRICTED PERSON PURCHASES DIGITAL CURRENCY, DIGITAL ASSETS AND/OR PRODUCTS, SUCH RESTRICTED PERSON HAS DONE SO ON AN UNLAWFUL, UNAUTHORIZED AND FRAUDULENT BASIS. IN SUCH A CASE, ANY TRANSACTIONS AND OPERATIONS ENTERED INTO BY THE RESTRICTED PERSON IN RESPECT OF DIGITAL CURRENCY, DIGITAL ASSETS AND/OR PRODUCTS SHALL BE NULL AND VOID, INCLUDING, BUT NOT LIMITED TO TRANSACTIONS RESULTING FROM ACCEPTANCE OF THIS AGREEMENT, ANY TRANSACTION RESULTING FROM THE ACQUISITION OF THE DIGITAL CURRENCY, DIGITAL ASSETS AND/OR PRODUCTS AND ANY PAYMENT OPERATION. 7. Flow of Services provided by Third Party 7.1. As it is defined in these Terms, some of the Services might be provided by the Third Party. When you choose to use such Services, you enter into direct agreement with the Third Party provider. The terms of the mentioned agreement will be available to your acquaintance at our website. 7.2. In some cases in order to receive Services, provided by Third Party, you may be required to complete a few additional steps to make the Third Party satisfied with compliance rules of the jurisdiction of its incorporation. From among you might be required to pass additional verification procedures, enter into agreements with Third Party, transfer some deposits to the Third Party, create a wallet with a Third Party. 7.3. There might be established a strict deadlines for you to pass the required steps, in order to receive Services. This is occasioned by the nature of the Services, which might be ceased by expiration. If you fail to proceed with required steps in defined terms, you may be denied to apply for the Services, as well you may lose your deposit or any other negative effect may arise. Neither Platform nor Third Party shall hold liability for such losses. 8. Charges 8.1. The Company, Company Party or Third Party will charge you with a fee in respect of provided Services via the Platform. The applicable fees, charged by the Company may be found at the Fee Schedule. The fees, charged by Third Parties, offering their Services herein, will be provided you upon requesting
Page | 12 the Service by means of link to the Third Party’s website, or by information email, or any other possible way to make you informed about applicable fees. 8.2. In addition to any fees charged by us any transaction from/to wallet may be subject to other fees and costs and exchange rates payable to other parties, for example institutions involved in the blockchain transaction, as well as deductions that may apply (for example for tax reasons) as required by the authorities of the destination country of the blockchain transaction. The amount that we deduct will be no more than the amount of our legal liability. 8.3. If you use your mobile phone in connection with using Services and Products available via the Platform you are also responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge. 9. Representations and warranties of the Customer 9.1. By continuing to use the Services and/or Products, offered via the Platform, you represent and warrant to the Company that: i. You are not a U.S person or other Restricted Person as it is indicated in the section 6.2. hereof; ii. You have carefully reviewed and understood these Terms (including all annexes and appendices which are an integral part of these Terms) and have all power and authority to execute and deliver these Terms, to purchase Digital Currencies, Digital Assets and Products available at the Platform, and to carry out and perform your obligations under these Terms. You enter into these Terms on your own account, not as a nominee or agent; iii. You have a sufficient level of knowledge and experience in financial and business issues, including sufficient understanding of blockchain or cryptographic tokens and other digital assets, smart contracts, storage mechanism (such as Digital Currencies and/or Digital Assets wallets), blockchainbased software system and blockchain technology to understand and evaluate the possible risks and merits of purchasing Digital Currencies, Digital Assets and/or Products, including but not limited to the matters set forth in these Terms; iv. You have full understanding of functionality, usage, storage, transmission mechanism and other material characteristics of Digital Currencies, Digital Assets and/or Products to appreciate risks and implications of purchasing of Digital Currencies, Digital Assets and/or Products. All aspects of purchasing of Digital Currencies, Digital Assets and/or Products are acceptable to you and have been carefully considered as being suitable for you in the light of your circumstances and financial resources; v. You are fully responsible for compliance with the legal requirements within the country of your nationality, residence, ordinary residence or domicile for purchasing of Digital Currencies, Digital Assets and/or Products in accordance with these Terms. The execution and delivery of, and performance under, these Terms require no approval or other actions from any governmental authority or person other than you; vi. You will provide us or a Third Party, as applicable, with necessary and required documents for the purposes of KYC and AML procedures to verify your identity; vii. You purchase Digital Currencies, Digital Assets and/or Products at the your sole risk and that Digital Currencies, Digital Assets and/or Products are provided, used and acquired an “AS IS” and on an “AS AVAILABLE” basis without representations, warranties, promises or guarantees whatsoever of any kind of the Company and you rely on your own examination and investigation hereof; viii. You understand and accept that purchase, ownership, receipt, or possession of Digital Currencies, Digital Assets and/or Products carries no rights, express or implied, other than might be defined at additional Terms, provided by Third Party, offering Services and/or Products at the Platform, and does not represent or confer any ownership right or stake, share, security, or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to the Platform and the Company and its Affiliates;
Page | 13 ix. You will comply with any applicable tax obligations in your jurisdiction arising from the purchase of Digital Currencies, Digital Assets and/or Products, its further transfer, using at the Platform, and will indemnify and hold harmless the Company and its Affiliates in relation to any tax liability associated with or arising therefrom; x. You are the sole legal and beneficial owner of the crypto-currency assets or fiat currency you use to purchase Digital Currencies, Digital Assets and/or Products (if applicable) and such cryptocurrency assets or fiat currency are not derived from or related to any unlawful activities, including money laundering or terrorist financing, and you will not use Digital Currencies, Digital Assets and/or Products to finance, engage in, or otherwise support any unlawful activities, and you will provide to the Company further verification of your identity and source of funds as may be requested from time to time; xi. You agree and acknowledge that the procedures for the payment of the Purchase Amount as may be amended by the Company or the Third Party from time to time, are deemed to be reasonable security measures for the protection of the Purchase Amount and you undertake not to raise any claim or suit against the Company in the event the Company suffers any act of cybercrime, cyberterrorism, hacker attacks, or invasion or outbreak of Malware, including any that result in a loss of the Purchase Amount; xii. You acknowledge that (i) the Company provides no advice and makes no representation as to the tax implication of purchasing or acquiring Digital Currencies, Digital Assets and/or Products under any jurisdiction, (ii) the contents of any documents presented by the Company (including these Terms) are not to be construed as a recommendation or advice in relation to the receipt, holding, use, acquisition, purchase or trading of Digital Currencies, Digital Assets and/or Products, and (iii) the contents of any documents presented by the Company (including these Terms) do not contain any investment product advice and do not take into account any specific objectives, situations or needs of any person; xiii. You understand, acknowledge and accept the risks set out in Article 15 hereof, and you are fully aware of all restrictions and risks associated with the purchase, sale, use, transfer, creation and distribution of Digital Currencies, Digital Assets and/or Products; xiv. You are purchasing Digital Currencies, Digital Assets and/or Products solely on the basis of these Terms or Terms, provided by the Third Party, as applicable, and neither the Company nor its Affiliates or Third Parties have made any representations of any nature to induce you to purchase Digital Currencies, Digital Assets and/or Products; xv. You understand that the information on the Website or any other documents relating to the offering of Services may not be exhaustive or complete, and that you are responsible for obtaining further information and contacting the Company or the Third Party, as applicable, if you have any queries or concerns; xvi. You agree and acknowledge that: ● neither the Company nor any other person is obliged to redeem or purchase Digital Currencies, Digital Assets and/or Products at any time; ● these Terms are not intended to be and do not constitute a prospectus or offer document of any sort or an offer of, or a solicitation in, or recommendation of, capital markets products, securities, investment or any other financial instruments in any jurisdiction; ● no Digital Currency, Digital Asset and/or Product shall be construed, interpreted, classified or treated as enabling, or according any opportunity to, purchasers to participate in or receive profits, income, or other payments or returns arising from or in connection with using Platform Digital Currency and/or Product, or to receive sums paid out of such profits, income, or other payments or returns; ● no regulatory authority has examined or approved these Terms, and the transactions which these Terms relate to, no action has been or will be taken under the laws or regulatory requirements of any jurisdiction and the provision of these Terms to you and purchasing of Digital Currencies, Digital Assets and/or Products by you does not imply that the applicable laws or regulatory requirements have been complied with.
Page | 14 xix. The Company does not guarantee profitability from the purchasing of Digital Currencies, Digital Assets and/or Products. 10. Use of the Website. 10.1. The Website, and the Services are not offered for use to the Restricted Persons as defined at Article 6.2 herewith. 10.2. The Restricted Persons are strictly prohibited and restricted from entering and using the Website, and the Services and Company Parties are not soliciting usage or purchases thereof by Restricted Persons in any way. 10.3. It is solely your obligation to verify each time you access or use the Website, or the Services: a) whether or not you or a person you represent are/is a Restricted Person; b) whether or not you are allowed to access and to use the Website, and the Services under the applicable laws and regulations; and c) whether or not you are allowed by applicable laws and regulations to pay for the Services in the manner specified at the Website. 10.4. If a Restricted Person uses the Website, or the Services, such Restricted Person has done so on an unlawful, unauthorized and fraudulent basis. In such a case, any transactions and operations entered in by the Restricted Person on the Website shall be null and void, including, but not limited to, the following: a) transactions resulting from acceptance of these Terms; b) any transaction resulting from the acquisition of the Services from the Website; and c) any payment operation. 10.5. None of the Company Parties shall be bound by a transaction or an operation specified in Article 10.4, and any respective Company Party may, in its sole discretion: a) take all necessary and appropriate actions to apply and enforce the consequences of the void transactions and operations specified above; b) notify the relevant authorities of the transaction or the operation in question; and c) retain all the funds paid by the Restricted Person and either freeze them until the situation is resolved by the respective authority or transfer to the account specified by the relevant financial authority, or apply to cover inflicted losses or discharge liabilities, or refund to the payer of the funds in accordance with the applicable legislation. 10.6. Any Restricted Person using Website or the Services shall be solely liable for Damages caused to Company Parties and shall indemnify, defend and hold harmless Company Parties from any Damages, losses and expenses incurred by Company Parties that arise from or are the result of such Restricted Person’s use of the Website or the Services. 10.7. You shall not misuse the Website or the Services to cause any harm, Damage, losses or interference for users, any third parties, Company Parties, as well as the operation of the Website and/or provision of the Services. In particular, under no circumstance shall you use the Website or the Services to:
Page | 15 a) engage in any act that Company deems in its reasonable discretion to be in conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms, our service rules, or any other policies; b) make improper use of Services, including, without limitation, by submitting false personal information or using profane and abusive language in your communications with our personnel; c)publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable; d) display, upload or transmit material that encourages conduct that may constitute a criminal offense, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice; e) interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use of the Website or the Services; f) violate any applicable laws, regulations or these Terms; g) violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets or other proprietary rights of any party) or commit a tort; h) except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Website using any method not expressly permitted by Company; i) interfere with, disrupt, negatively affect or inhibit other users from using the Website or links on the Website or damage, disable, overburden or impair the functionality of the Website or our servers or any networks connected to any of our servers in any manner; j) publicly disseminate information about the types and methods of violations of these Terms, as well as publicly call for violation of these Terms of Use; k) create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of the Website or a Company Party representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group; l) mislead or deceive us, our representatives and any third parties (including Company Parties) who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information; m) disguise the origin of any information or material transmitted through the Website or the Services (whether by forging messages or otherwise manipulating normal identification information); n) 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 the Website or the operation of another’s computer or property;
Page | 16 o) send, upload, display, disseminate or otherwise make available information or material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning) or any other form of unauthorized advertising or promotional information or material; p) make available any content which is false, misleading and/or promoting illegal activities; q) attempt to access or access any content, area or functionality of the Website that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of the Website; r)obtain unauthorized access to or interfere with the performance of the servers which host the Website or provide the Services or any servers on any associated networks or otherwise violate any policies or procedures related to the use of those servers; s)attempt to gain unauthorized access to any Services, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means; t)obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websit or the Services; u) harvest or otherwise collect, whether aggregated or otherwise, data about others including email addresses and/or distribute or sell such data in any manner; v) use, facilitate, create, or maintain any unauthorized connection to the Services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services; or (2) any connection using programs, tools, or software not expressly approved by Company or the Third Party; w) collect and store personal data, private and personally identifiable information without express consent and authorization of the holder; x)register and use to access to the Services more than one account. In case if there are reasonable grounds to believe that you have registered or are using more than one account, Company has the right to restrict, suspend, terminate, modify or delete any and all accounts associated with you; or y) use IP proxying or other methods to disguise the region (country) of your current location to circumvent geographical restrictions to use Website or Services, or for any other purposes. 11. Platform Content Third-Party Content 11.1. The Website, and the Services may contain links to websites and third-party content, advertisements, promotions, logos and other materials ("Third-Party Content"). 11.2. We make no representations or warranties of any kind regarding Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance or decency of such Third-Party Content. We are not responsible for any of the content on third party websites linked to the Website nor can it be assumed that we have reviewed or approved of such websites or their content, nor do we warrant that the links to these websites work or are up to date.
Page | 17 11.3. Your use of or interactions with any Third-Party Content and any third party that provides Third-Party Content are solely between you and such third parties, and Company Parties are not responsible or liable in any manner for such use or interactions. User Content 11.4. If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create a User Account on the Website ("User Content"), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete. 11.5. We do not own, control or endorse any User Content that is transmitted, stored or processed via the Website or sent to us and we are not responsible or liable for any User Content. 11.6. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the Website, and you represent and warrant that: a) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these Terms; b) your User Content does not violate any agreements or confidentiality obligations; and c) your User Content does not violate, infringe or misappropriate any intellectual property right or other proprietary rights, including the right of publicity or privacy, of any person or entity. 11.7. You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. You agree to notify us immediately of any unauthorized use of your User Content or any other breach of security. 11.8. We will not be liable for any loss or Damages that you may incur as a result of someone else using your User Content or your User Account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company Parties or other persons due to someone else using your User Content or your User Account. You may not use anyone else’s User Content or User Account at any time without the permission of such person or entity. 11.9. By posting, uploading, inputting, providing or submitting your User Content to us, you grant Company Parties and any necessary sub-licensees a non-exclusive, worldwide, royaltyfree, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others. 11.10. Although we have no obligation to screen, edit or monitor User Content, Company Parties reserve the right and have absolute discretion to remove, screen or edit User Content. Company Parties also reserve the right at all times to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental decrees, or to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion. 11.11. Your activities on the Website may be connected with Clicking on ("Click, to Click on/to") some objects including such in the User Account. Typically, we would provide explanations
Page | 18 on the meaning of each Click if it is not obvious (like Clicks on links to other information sections or pressing the buttons with explanations written on them). Your Clicks on the Website, especially within the User Account, may have legal consequences offline, that is, you may agree to some terms or you may make a contract. Click, to Click on/to means to select some digital object on the Website as shown on your screen or display by moving the pointer to the object's position and pressing left or right mouse button (depending on settings) in order to choose an action, complete some process or get to another section of the Website. Pressing the mouse button may be replaced by its alternatives depending on your device (hotkeys, pressing on the touchpad or display) that you typically use to select digital objects on your display. "Clicking" also includes selecting and "pushing" the Website buttons (rectangular objects with some text in them). The Clickable objects on the Website will move or change their color when you put the pointer on them. 11.12. It is presumed that the User knows and recognizes what the User is doing by creating a User Account and Clicking on the objects on the Website, that the User intends to face the consequences of such Clicks and to be bound by the contracts that may follow thereafter. The User confirms that the User is fully legally capable of making transactions, that the User has reached the appropriate age to make transactions in accordance with applicable legislation, that the User is sober, mentally healthy and of appropriate level of education to evaluate the consequences of each Click. 11.13. We may use the live chat feature to provide support for your technical issues with the Website. We will help answer general questions you may have about the Website or other respective questions. We do not use live chat to transact, bind, manage or provide any products to you. Except as otherwise required by applicable law, we have the right not to provide you with a record of any discussion on the live chat. Any person providing technical support is not entitled to give any kind of legal or financial advice, perform any official actions on behalf of the Company or its Parties, conclude any types of agreements or otherwise provide any information on any matters that differ from strictly technical issues. All information provided during the support session constitutes a personal view of the person it was provided by and may not be similar to the official position of the Company or Company Parties. 11.14. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for your losses caused by any unauthorized use of your User Account. However, you may be found liable for the losses of Company or other Users due to such unauthorized use. 11.15. The Company reserves the right to take appropriate action against any person who misrepresents his or her identity or improperly or fraudulently accesses the Website. This action may include, but is not limited to, legal action against any person accessing this Website in violation of any state or federal law or regulation applicable. 11.16. The Company may terminate any User Account and, to the extent possible, any User's access to the Website if such User is determined to have taken any action inconsistent with or in violation of these Terms. 11.17. The Company may terminate, block or otherwise inhibit access to the Website or to the User Account of any User who is deemed to have violated any of these Terms including by blocking any IP address or other indication of the source of behavior, content or usage of the Website that violates these Terms.
Page | 19 12. Intellectual Property No Rights to Company Parties Intellectual Property 12.1. Company Parties retain all right, title and interest in and to the Website and the Services, whether express or implied, including all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, information and other material available on the Website (collectively, "Intellectual Property"). 12.2. Accessing the Website and using the Services does not vest you with any right, title or interest in the Intellectual Property and other rights to content which is accessible on the Website or through the Services unless otherwise is provided in Article 12.3. Restricted License to Use Website 12.3. In order to use the Website and the Services, you are granted personal, nonexclusive, limited, non-assignable, non-transferrable, royalty free, revocable license to access, review, reproduce, cache, print, distribute and store content retrieved from the Website or the Services only within the functionality of the interface of the Website or the Services through any common consumer web browser, provided that you strictly comply with limitations contained herein. 12.4. You may copy certain texts on the Website for your personal use. However, you are not allowed to distribute them or otherwise use them for commercial purposes. 12.5. You are welcome to repost information contained on the Website for noncommercial purposes. Please make sure beforehand that there is a link to the Website in the reposted material and/or please make sure to refer to us in your comments. 12.6. With the exception of Articles 12.3-12.5, copying, distribution (including but not limited to licensing), broadcasting, replicating, modifying the Intellectual Property in whole or in any part without the prior written permission of the Company is prohibited. 12.7. Please do not launch any automated systems, including but not limited to "spiders", "offline readers" or "robots" or similar solutions with the purpose of accessing the Website in an intrusive manner. You are not allowed to send requests to the Website servers within some time period in larger amount than an average individual can reasonably produce in the same time period using a regular web browser, or scour the Website using respective software or hardware in order to show the Website contents on any other website. 12.8. It is strictly prohibited to collect any personally identifiable information including usernames from the Website and to use the communication systems provided by the Website (e.g. comments, email) for any unlawful purposes. You agree not to contact any User for commercial purposes. 13. NO ADVICE 13.1. The Company is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by the Company is for general
Page | 20 information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you. 13.2. The information presented on or through the Platform 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 visitor to the Platform, or by anyone who may be informed of any of its contents. 13.3. The Platform may include content provided by third parties, including materials provided by other Customers, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 14.DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY 14.1. BY USING THIS WEBSITEAND ACCESSING OR USING THE SERVICES AND CONTENT AVAILABLE THROUGH PURCHASE AND/OR SUBSCRIPTION ON THIS WEBSITE AND/OR APPLICATION, YOU ACCEPT THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY AND YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH USE (INCLUDING BUT WITHOUT LIMITATION TO, RISK OF INVESTMENT LOSSES, RISK TO YOUR COMPUTER, SOFTWARE OR DATA BEING DAMAGED BY ANY INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES TRANSMITTED OR ACTIVATED VIA THE PURCHASE AND/OR SUBSCRIPTION OR MATERIAL THAT MAY BE INCLUDED WITHIN OR ACCESSED FROM THE PURCHASE AND/OR SUBSCRIPTION). 14.2. INFORMATION ON THE PLATFORM IS PROVIDED "AS IS". RPLATFORM DOES NOT GUARANTEE THE ACCURACY OF THE MATERIALS PROVIDED IN THIS DOCUMENT, DIRECTLY OR INDIRECTLY, FOR ANY SPECIFIC PURPOSE AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXPERT TRADE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE AS A RESULT OF INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION PROVIDED TO YOU THROUGH THIS WEBSITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES THAT WE CONSIDER RELIABLE, WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA PROVIDED TO YOU FOR ANY SPECIFIC PURPOSE. NEITHER EXPERT TRADE, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, AS WELL AS THIRD-PARTY SUPPLIERS ARE NOT LIABLE AND DO NOT BEAR ANY RESPONSIBILITY FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY MALFUNCTION OR INTERRUPTION OF WORK OF THIS SITE, OR AS A RESULT OF THE ACTION OR INACTION OF ANY OTHER PARTY INVOLVED IN CREATING ACCESS TO THIS SITE OR THE DATA CONTAINED THEREIN, OR FOR ANY OTHER REASON RELATED TO YOUR ACCESS TO THE SITE, INABILITY TO ACCESS OR USE THE SITE, OR THESE MATERIALS, WHETHER THE CIRCUMSTANCES THAT CAUSED SUCH A REASON COULD BE CONTROLLED BY US OR ANY VENDOR PROVIDING SOFTWARE SUPPORT AND SERVICES.
Page | 21 14.3. IN NO EVENT SHALL RPLATFORM OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, ANY INFORMATION POSTED ON THE SITE BY ITS USERS, OR ANY OTHER INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE ON THE PLATFORM (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. 14.4. YOU UNDERSTAND THAT NO CONTENT PUBLISHED ON THE WEBSITE CONSTITUTES A RECOMMENDATION THAT ANY PARTICULAR PRODUCT IS SUITABLE FOR ANY SPECIFIC PERSON. YOU FURTHER UNDERSTAND THAT NONE OF THE INFORMATION PROVIDERS OR THEIR AFFILIATES ARE ADVISING YOU PERSONALLY CONCERNING THE NATURE, POTENTIAL, VALUE OR SUITABILITY OF ANY PARTICULAR PRODUCT OR OTHER MATTER. 14.5. THE INFORMATION CONTAINED ON THIS WEBSITEIS FOR INFORMATIONAL PURPOSES ONLY. THEREFORE, IT SHOULD NOT BE CONSTRUED AS AN OFFER OR PETITION TO ANY PERSON IN ANY JURISDICTION IN WHICH SUCH A PROPOSAL OR PETITION IS NOT PERMITTED, OR TO ANY PERSON WHO WOULD BE UNLAWFUL TO MAKE SUCH AN OFFER OR PETITION, OR BE CONSIDERED AS A RECOMMENDATION TO BUY, SELL OR OTHERWISE DEAL WITH ANY SPECIFIC PRODUCT, OFFERED OR AVAILABLE ON THE WEBSITE AND/OR APPLICATION. YOU ARE STRONGLY ADVISED TO OBTAIN INDEPENDENT INVESTMENT, FINANCIAL, LEGAL AND TAX ADVICE BEFORE BUY/SELL ANY PRODUCT OFFERED BY THE COMPANY OR THE THIRD PARTY. NOTHING ON THIS WEBSITESHOULD BE CONSTRUED OR CONSTRUED AS INVESTMENT ADVICE BY OUR PLATFORM OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, COMPANY.