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Disclaimer

PLEASE READ THE ENTIRETY OF THIS "NOTICE AND DISCLAIMER" SECTION CAREFULLY. NOTHING HEREIN CONSTITUTES LEGAL, FINANCIAL, BUSINESS OR TAX ADVICE AND YOU SHOULD CONSULT YOUR OWN LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S) BEFORE ENGAGING IN ANY ACTIVITY IN CONNECTION HEREWITH. NEITHER SMARTLAUNCHPAD, ANY OF THE PROJECT TEAM MEMBERS WHO HAVE WORKED ON THE SMARTLAUNCHPAD PLATFORM (AS DEFINED HEREIN) OR PROJECT TO DEVELOP THE SMARTLAUNCHPAD PLATFORM IN ANY WAY WHATSOEVER, ANY DISTRIBUTOR/VENDOR OF SPAD TOKENS (THE DISTRIBUTOR), NOR ANY SERVICE PROVIDER SHALL BE LIABLE FOR ANY KIND OF DIRECT OR INDIRECT DAMAGE OR LOSS WHATSOEVER WHICH YOU MAY SUFFER IN CONNECTION WITH ACCESSING THIS WHITEPAPER OR ANY DOCUMENTATION RELATING TO SMARTLAUNCHPAD OR SPAD TOKENS (THE TOKEN DOCUMENTATION), THE WEBSITE AT https://smartlaunchpad.io OR ANY OTHER WEBSITES OR MATERIALS PUBLISHED BY THE COMPANY.
  1. 1.
    Notwithstanding any other provision in these Terms, to the fullest extent permitted by law, SMARTLAUNCHPAD, the Distributor and their respective affiliate (including the Company) hereby expressly disclaim all representations, conditions and warranties of any kind, whether express, implied or otherwise and shall in no case be liable to you or any person in relation to: (a) The Services, which you further acknowledge are provided to you on as “as is” and “as available” basis, and that no SMARTLAUNCHPAD Affiliate provides any guarantee or warranty in relation to the Services, including that such Services will be available, meet any performance parameters, or that your use of such Services will be uninterrupted, secure or error-free; (b) The SMARTLAUNCHPAD Platform, which you further acknowledge is an open source protocol (which terms of use or license conditions are incorporated hereunder and apply to you) and is integrated with the Sites on as “as is” and “as available” basis, and that no SMARTLAUNCHPAD Affiliate provides any guarantee or warranty in relation to the SMARTLAUNCHPAD Platform, including that the SMARTLAUNCHPAD Platform will be available, meet any performance parameters (including without limitation, the SMARTLAUNCHPAD Platform Implementations), or that your use of such SMARTLAUNCHPAD Platform (through the use of the Services or otherwise) will be uninterrupted, secure or error- free; (c) Use of Services, Tokens or Staking for any purpose in connection with money laundering, terrorism financing or any other acts in breach or contravention of any Applicable Laws; (d) Failure or delay in the operation of the Services, Staking or the SMARTLAUNCHPAD Platform; (e) Failure, malfunction or breakdown of, or disruption to, the operation of any SMARTLAUNCHPAD Affiliate (including the Company), the Sites, SMARTLAUNCHPAD Platform, Tokens, or any technology (including but not limited to Staking and smart contract technology) on which any SMARTLAUNCHPAD Affiliate (including the Company), the Sites, SMARTLAUNCHPAD Platform, Tokens relies on, due to occurrences of a Fork, Network Attack & Vulnerabilities, defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown, or disruption occurs; (f) Any virus, error, bug, flaw, defect or otherwise adversely affecting the operation, functionality, usage, storage, transmission mechanisms, transferability or tradeability and other material characteristics of the Sites, SMARTLAUNCHPAD Platform, Staking, or the Tokens; (g) Decreases or volatility in traded prices or trading volume of the Tokens; (h) Failure or unfitness of any of the Services, SMARTLAUNCHPAD Platform, Staking, or Tokens for any specific purpose; (i) Loss of possession of the credentials for accessing, or loss or destruction of the privatekeys of, any wallet, the Linked Address, in any manner and to any extent; (j) Any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction of the operation, functionality, usage, storage, transmission mechanisms, transferability or tradability of the Tokens or other material characteristics of the Tokens; (k) Any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction of the operation, functionality, usage, transmission mechanisms of the Services and/or SMARTLAUNCHPAD Platform or other material characteristics of the Services and/or SMARTLAUNCHPAD Platform; (l) Any risks (whether direct, indirect or ancillary) associated with the Sites, the Services, any SMARTLAUNCHPAD Affiliate (including the Company), the SMARTLAUNCHPAD Platform, Staking, and your use of the Services, including but not limited to the risks relating to the services and/or general risks relating to staking and cryptographic tokens (m) Network Fees which you may have to pay in connection with your use of the Services; (n) SPAD Token is not considered as security of any kind, and it also does not carry any right to vote, manage or the right of ownership in the SMARTLAUNCHPAD Platform; (o) SPAD Token is neither money nor legal tender/currency, whether fiat or otherwise, and it does not carry any value whether it is intrinsic or assigned.
  2. 2.
    You acknowledge and agree that you shall access and use the Services at your own risk. The risks associated with handling Tokens and Staking can be substantial. You should, therefore, carefully consider whether your participation in Staking is suitable for you in light of your circumstances and financial resources. None of the SMARTLAUNCHPAD Affiliates (including the Company) at any point in time assume the risk of Losses arising from or in connection to the Services or the SMARTLAUNCHPAD Platform, whether or not such Loss was due to factors beyond any SMARTLAUNCHPAD Affiliate’s (including the Company’s) control.
  3. 3.
    In the event of any Loss, hack or theft of Digital Assets (including the Tokens), you acknowledge and confirm that you shall have no right(s), claim(s) or causes of action in any way whatsoever against any SMARTLAUNCHPAD Affiliate (including the Company).
  4. 4.
    Without limiting anything in these Terms, no SMARTLAUNCHPAD Affiliate makes any representation or warranty, express or implied, to the full extent not prohibited by applicable law, regarding the advisability of your use of the Services. None of the SMARTLAUNCHPAD Affiliates and any of its respective officers, directors, employees and affiliates is providing advice, including legal, financial, investment or tax advice, in connection with the Services or your determination to participate in it.
  5. 5.
    Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause you and any SMARTLAUNCHPAD Affiliate to be treated as partners, joint venturers, or otherwise as joint associates for profit. No SMARTLAUNCHPAD Affiliate in any way acts in any fiduciary capacity or advisory capacity to you and nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, any fiduciary or advisory relationship between you and us to exist.
  6. 6.
    NO SMARTLAUNCHPAD AFFILIATE IS A BANK OR OTHER CREDIT INSTITUTION. YOUR ACCOUNT WITH SMARTLAUNCHPAD IS NOT A DEPOSIT ACCOUNT OR A BANK ACCOUNT. THE STAKING PROGRAM PROVIDED TO YOU IS NOT A DEPOSITORY OR BANKING PROGRAM. NEITHER YOUR ACCOUNT NOR STAKED TOKENS ARE COVERED BY INSURANCE AGAINST LOSSES OR SUBJECT TO FEDERAL DEPOSIT INSURANCE CORPORATION OR THE PROTECTIONS OF ANY COMPARABLE ORGANIZATION ANYWHERE IN THE WORLD.
  7. 7.
    You acknowledge and agree that if you lose access to the Wallet that you connected with the SMARTLAUNCHPAD Platform, the Company will not be able to help you recover the loss, or transfer of IDO tokens or any Token back to your wallet. It will be your sole responsibility to manage your Wallet, and the private key.
  8. 8.
    The SMARTLAUNCHPAD Platform is merely a technology platform, and is not your broker, intermediary, agent, or legal advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities affected by you using the Website or the Services. No communication or information provided to you by the Company is intended as or will be considered or construed as, the solicitation of an offer to buy, the investment advice, financial advice, legal advice, or any other sort of advice. All Services, transactions, and Investments will be executed automatically based on the parameters of your consideration. You will be solely responsible for determining whether any Services, or investments are suitable and match your interests according to your judgment, objectives, circumstances, and risk tolerance. You will be solely responsible for any losses or liabilities therefrom.
  9. 9.
    Before executing any transactions, purchasing any Token or IDO tokens on the SMARTLAUNCHPAD Platform, you should consult with your independent financial, legal, or tax professionals. The Company will not be liable for the decisions you make to access and purchase through the Company.
  10. 10.
    The Token Documentation and the Website may be translated into a language other than English for reference purpose only and in the event of conflict or ambiguity between the English language version and translated versions of the Token Documentation or the Website, the English language versions shall prevail. You acknowledge that you have read and understood the English language version of the Token Documentation and the Website.
  11. 11.
    No part of the Token Documentation or the Website is to be copied, reproduced, distributed or disseminated in any way without the prior written consent of the Company or the Distributor. By attending any presentation on this Token Documentation or by accepting any hard or soft copy of the Token Documentation, you agree to be bound by the foregoing limitations.