Conditions Precedent: The obligations of each Party to
effect the transaction described herein shall be subject to the
conditions precedent that: (i) no statute, rule, regulation, executive
order, decree, ruling or order shall have been enacted, entered,
promulgated, enforced or issued by any court or governmental authority
of competent jurisdiction which prohibits, restrains, enjoins or
restricts the consummation of the any of the transactions contemplated
herein, (ii) all material representations and warranties of the Parties
shall be true and correct in all respects, and (iii) all agreements and
covenants to be performed or complied with by the Parties shall have
been conformed or complied with in all material respects.
Brokers and Commissions: Other than as provided herein
this Agreement, no additional broker, investment banker, finder,
financial advisor or other person is entitled to any broker’s, finder’s,
financial advisors, or other similar fee or commission in connection
with the transactions contemplated by this Agreement based upon
arrangements made by or on behalf of Provider, and Investor shall
indemnify, defend and hold harmless the other Parties from and against
any such claimed fee or commission.
Best Efforts Undertaking: Each of the Parties to this
Agreement agrees to use best efforts to take, or cause to be taken, all
actions, and to do, or cause to be done, and to assist and cooperate
with the other Party in doing all things necessary, proper or advisable
to consummate and make effective the transactions contemplated by this
Agreement.
Confidentiality: Each of the Parties to this Agreement
hereby agrees to keep confidential and not to disclose the terms hereof
or the transactions contemplated herein except to their legal, financial
and tax advisors, without the prior written consent of the other Party.
Fees and Expenses: Each Party to this Agreement shall
be responsible for his/its own fees and expenses, including, without
limitation, professional fees payable to attorneys and accountants,
which may be incurred in connection with the transactions described
herein, regardless of whether or not the account is funded as provided
herein.
Liability: In the event the investor recalls an
electronic transfer or reports it as fraud then they shall be liable for
all legal expenses and damages as well as forfeiting all proceeds. All
profit derived from the investment shall be null and void.
Any legal fees associated with any action brought by the investor shall
be the sole responsibility of the investor including any lawsuits or
legal actions. Any damages derived from such actions shall also be the
responsibility of the investor. We guarantee that the principle will not be lost and can be returned as per the procedures in the system.
Public Announcements: The Parties do not intend to
issue press releases or public announcements with regard to this
transaction. However, if it is deemed necessary by either of the Parties
to issue a press release, such Party will obtain the prior written
consent of the other Party before issuing any public announcement, and
will provide the other with an opportunity to review, comment upon, and
concur with and use reasonable efforts to agree on, any press release or
other public statement with respect to the transactions contemplated by
this agreement, and shall not issue any such press release or make any
such public statement prior to such consultation, except as it may
determine is required by applicable law, or court order.
Termination: The obligations of the Parties under this
agreement may be terminated: (i) by mutual written consent of the
Parties at any time, (ii) by the either Party, if Investor does not wire
the Deposit to Provider as provided for in this Agreement; (iii) by
either Party, if Provider fails to provide the Loan Amount to the
Investor as provided for in this Agreement, notwithstanding Provider’
obligation to return the Deposit;
Amendments: This Agreement may be amended, at any time, by logging in, you hereby agree to any amendments.
No Partnership: The duties, obligations, and
liabilities of the Parties are intended to be several and not joint or
collective. This Agreement is not intended to create, and shall not be
construed to create, an association, trust, mining partnership or joint
venture, or to impose any partnership duty, obligation, or liability
with regard to any one or more of the Parties. Each Party shall be
individually responsible only for its own obligations as herein
provided.
Governing Law: This Agreement shall be governed by and
construed in accordance with the laws of the State of Montana,
regardless of the laws that might otherwise govern under applicable
principles of conflict of laws thereof. Venue shall be in Montana.
Binding Effect: This Agreement is intended to be and is
a binding agreement of the Parties hereto and binding upon the Parties
hereto and their successors and assigns.
Force Majeure: Any delay in or failure of performance
by either party of their respective obligations under this Agreement
shall not constitute a breach hereunder or give rise to any claims for
damages if, and to the extent that such delays or failures in
performance are caused by events or circumstances beyond the control of
such party.
The term “Beyond the Control of Such Party” shall Include Lawful order
of Government or Authority, Act of War, Rebellion or Sabotage, Fire,
Flood, Earthquake or other natural disasters. Any other cause not
within the control of such party or which is by the exercise of
reasonable diligence, the party will be unable to foresee or prevent or
remedy.
Arbitration: All disputes and questions whatsoever
which arise between the parties to this Agreement and touching on this
Agreement on the construction or application thereof or any account,
cost, or liability to be made hereunder or as to any act or way relating
to this Agreement shall be settled by arbitration in accordance with
the arbitration rules of the ICC settled in New York.
Understanding: This Agreement contains the entire
agreement and understanding concerning the subject matter hereof and
supersedes and replaces all prior negotiations and proposed agreements,
written or oral. Neither of the parties may alter, amend, nor modify
this Agreement, except by an instrument in writing signed by both
parties. This Agreement will be governed by and construed in accordance
with the laws of the United States. In the event that either party
shall be required to bring any legal actions against the other to
enforce any of the terms of this Agreement the prevailing party shall be
entitled to recover reasonable attorney fees and costs.
Risks: Trading cryptocurrencies and crypto-assets involves high risk and is not suitable for everyone.
Electronic Transmission: It is understood and agreed
upon by all PARTIES that the electronic transmission of the AGREEMENT
shall be deemed and considered an original, binding and enforceable
document when transmitted by the PARTIES as signed and attested hereto.
Signatures on this AGREEMENT received by the way of facsimile, postal
mail and/or e-mail shall be an executed contract. This AGREEMENT is
enforceable and admissible for all purposes as may be necessary under
the terms of the AGREEMENT.