IMPORTANT NOTICE: PLEASE READ THE ENTIRETY OF THIS “Legal Considerations, Risks and Disclaimer” SECTION CAREFULLY. WE RECOMMEND YOU CONSULT A LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S) OR EXPERTS FOR FURTHER GUIDANCE PRIOR TO PARTICIPATING IN THE EDUCATIONAL & COACHING SESSIONS/COMMUNICATIONS PROVIDED BY CRYPTOCONSULTZ.
You must read the following “Legal Considerations, Risks and Disclaimer” section before: (i) making use of services provided by James Melendez (the “CCC”) and any and all information available on the website(s) of CCC located at https://www.cryptoconsultancycare.com/ (the “Website”). This “Legal Considerations, Risks and Disclaimer” section applies to services provided and any and all information available on the Website or through communications with CCC. The contents of this “Legal Considerations, Risks and Disclaimer” section outlines the terms and conditions applicable to you in connection with (i) your use of CCC services and of any and all information available on the Website; and/or (ii) your participation in any educational/coaching sessions or seminars offered. In each case in addition to any other terms and conditions that we may publish from time to time relating to virtual currency, blockchain technology and financial transactions (such terms hereinafter referred to as the “Terms”). This “Legal Considerations, Risks and Disclaimer” section may be updated from time to time and will be published as part of the latest version of the Website which shall be available on the Website. You shall be obliged to check the latest available version of the Website prior to participating in any CCC services, including but not limited to educational/coaching sessions, seminars, telephone/email/other communications.
The information set forth in this “Legal Considerations, Risks and Disclaimer” section may not be exhaustive and does not imply any elements of a contractual relationship. While we make every reasonable effort to ensure that all information provided to clients and available on the Website (all the information provided/available to customers through communications or on the Website hereinafter referred to as the “Available Information”) is accurate and up to date, such material in no way constitutes professional advice. The Company neither guarantees nor accepts responsibility for the accuracy, reliability, current state or completeness of the Available Information. Individuals intending to participate in financial transactions or investments should seek professional advice prior to acting on any of the Available Information.
LEGAL CONSIDERTIONS
Given the uncertain and largely unregulated status of distributed ledger technologies, businesses and activities as well as cryptocurrencies and cryptocurrency-related businesses and activities, the CCC has spent a significant amount of time and resources to vet valid information to provide to customers.
The CCC does not recommend purchasing Tokens, Coins or other forms of currency or property for speculative investment purposes. Cryptocurrency, virtual/digital currency, and Tokens are sold as digital assets, similar to downloadable software, digital music and the like. The Company does not recommend that you make such purchases unless you have prior experience with cryptographic tokens, blockchain-based software and distributed ledger technology and unless you have taken independent professional advice.
CCC does not provide any opinion or any advice to purchase, sell, or otherwise transact with virtual/digital currency and the presentation, publication or communication of all or any part of the Available Information shall not form the basis of, or be relied upon in connection with, any contract or investment decision.
NO ADVICE
No part of the Available Information should be considered to be business, legal, financial or tax advice regarding CCC, the coins/tokens/digital currency/virtual currency or any of the matters to which all or any part of the Available Information relates. You should consult your own legal, financial, tax or other professional advisor regarding the Available Information.
LIMITATION OF LIABILITY
In no event shall CCC be liable for: (i) any loss of profits, lost savings or incidental, indirect, special or consequential damages, arising out of your use or inability to use the services or products offered by the CCC or the breach of any of these Terms by you or by any third party; (ii) any security risk such as hacker attacks, loss of password, loss of private key, or similar; (iii) mistakes or errors in code, text, or images involved in the in any of the Available Information; or (iv) any information contained in the Available Information or any expectation promise representation or warranty arising (or purportedly arising) therefrom; (v) any losses resulting from the volatility in pricing of Coins, Tokens, Cryptocurrency, Virtual/Digital Currency or other currency in any countries and on any exchange or market (regulated, unregulated, primary, secondary or otherwise); (vi) any losses or damages arising out of or in connection with the purchase, use, sale or otherwise of the Coins, Tokens, Cryptocurrency, Virtual/Digital Currency or other currency; or (vii) arising out of or in any way connected to your failure to properly secure any private key to a wallet containing Coins, Tokens, Cryptocurrency, Virtual/Digital Currency or other currency, (collectively, the “Excluded Liability Matters”).
The Available Information is provided on an “as is” basis and without any warranties of any kind, either expressed or implied. You assume all responsibility and risk with respect to your use of the Available Information and purchasing of any amount of Coins, Tokens, Cryptocurrency, Virtual/Digital Currency and their use. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, you hereby irrevocably and unconditionally waive: (i) all and any claims (whether actual or contingent and whether as an employee, office holder, trustee or in any other capacity whatsoever or howsoever arising) including, without limitation, claims for or relating to the Excluded Liability Matters, any payment or repayment of monies, indemnity or otherwise that you may have against the Company or against CCC; and (ii) release and discharge CCC and all of the Company Representatives from any and all liability (of whatsoever nature or howsoever arising) it or they may have to you. If for any reason you hereafter bring or commence any action or legal proceeding in respect of any claim purported to be released and discharged pursuant to this paragraph or these Terms, or otherwise attempt to pursue any such claim against CCC then you hereby irrevocably and unconditionally undertake to indemnify, and keep indemnified the Company and all Company Representatives fully on demand from and against: (a) all liabilities or losses suffered by; and (b) all reasonable costs, charges and reasonable expenses (including without limitation reasonable legal costs and expenses) reasonably and properly incurred by the Company or any Company Representative, in each case by reason of or in connection with the bringing or commencement of such action or pursuit of such claim by you. If any provision or part-provision of this “Legal Considerations, Risks and Disclaimer” section is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this “Legal Considerations, Risks and Disclaimer” section shall not affect the validity and enforceability of the rest of this “Legal Considerations, Risks and Disclaimer” section.
NO REPRESENTATION & WARRANTIES
CCC does not make or purport to make, and hereby disclaims, any representation, warranty or undertaking in any form whatsoever to any entity or person, including any representation, warranty or undertaking in relation to the truth, accuracy and completeness of any of the information set out in the Available Information.
REPRESENTATION & WARRANTIES BY YOU
By howsoever accessing and/or accepting possession or communication of all or any part of the Available Information, you represent and warrant (and shall be deemed to represent and warrant) to CCC on the date of such access or on the latest date on which you retain possession of all or any part of the Available Information as follows: (a) you are over 18 (eighteen) years of age; (b) you agree and acknowledge that the Available Information does not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities in any jurisdiction or a solicitation for investment in securities and you are not bound to enter into any contract or binding legal commitment (c) you agree and acknowledge that no regulatory authority has examined or approved of the Available Information, no action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction and the publication, distribution or dissemination of all or any part of the Available Information to you does not imply that the applicable laws, regulatory requirements or rules have been complied with; (d) you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, blockchain based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and smart contract technology; (e) you agree and acknowledge that the Company is not liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, or loss of use or data, or loss of reputation, or loss of any economic or other opportunity of whatsoever nature or howsoever arising), arising out of or in connection with any acceptance of or reliance on the Available Information or any part thereof by you; and (f) all of the above representations and warranties are true, complete, accurate and not misleading from the time of your last access to and/or possession of (as the case may be) the Available Information.
CAUTIONARY NOTE ON FORWARD-LOOKING STATEMENTS
All statements contained in the Available Information, statements made in any press releases or in any place accessible by the public and oral statements that may be made by CCC (as the case may be), that are not statements of historical fact, constitute “forward looking statements”. Some of these statements can be identified by forward-looking terms such as “aim”, “target”, “anticipate”, “believe”, “could”, “estimate”, “expect”, “if”, “intend”, “may”, “plan”, “possible”, “probable”, “project”, “should”, “would”, “will” or other similar terms. However, these terms are not the exclusive means of identifying forward-looking statements. All statements regarding the CCC financial position, business strategies, plans and prospects and the future prospects of the industry which the CCC is in are forward-looking statements. These forward looking statements, including but not limited to statements as to a company’s revenue profitability and growth, expected revenue profitability and growth, prospects, future plans, other expected industry trends and their matters discussed in the Available Information regarding CCC are matters that are not historic facts, but only estimations and predictions. CCC makes no representation or warranty on having made any predictions or estimates or expectations on the basis of any formula, any mathematical or scientific modelling or forecast, or having made any due and proper enquiries or having undertaken any independent research or studies or otherwise. These forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results, performance or achievements of a company to be materially different from any future results, performance or achievements expected, expressed or implied by such forward-looking statements. Given that risks and uncertainties that may cause the actual future results, performance or achievements of a company to be materially different from that expected, expressed or implied by the forward-looking statements in the Available Information, undue reliance must not be placed on these statements. Nothing contained in the Available Information is or may be relied upon as a promise, representation or undertaking as to the future performance. Further, the Company disclaims any responsibility to update any of those forward-looking statements or publicly announce any revisions to those forward-looking statements to reflect future developments, events or circumstances, even if new information becomes available or other events occur in the future.
RISK FACTORS
You should carefully consider and evaluate all risk factors and all other information contained in these Terms before deciding to participate in CCC services. All risk factors which are material to you in making an informed judgment to participate in cryptocurrency, digital/virtual currency, Token sales and blockchain technology should be evaluated by the customer. The Company takes no liability for such risk.
PRIVACY POLICY
By using the CCC’s website and/or participating in the CCC’s services, you agree to your personal data, (i.e., your e-mail address, name, address and other details personal to you) being processed by the Company for its business purposes or the purposes of building, promoting, and communicating (about) the CCC’s business platform. CCC agrees to keep your email address and other personal data private and not share it with the public (e.g., by selling to any third parties).
RESTRICTIONS ON DISTRIBUTION AND DISSEMINATION OF THE AVAILABLE INFORMATION
The distribution or dissemination howsoever of all or any part of the Available Information may be prohibited or restricted by the laws, regulatory requirements and rules of certain jurisdictions. In the case where any such restriction applies, you are responsible for informing yourself in respect of the same and for observing any such restrictions which are applicable to your possession and/or dissemination of all or any part of the Available Information at your own expense and without liability to CCC. Persons to whom a copy of all or any part of the Available Information which has been distributed or disseminated, provided access to or who otherwise have all or any part of the Available Information in their possession shall not circulate it to any other persons, reproduce or otherwise distribute any information contained herein for any purpose whatsoever nor permit or cause the same to occur.
