Forward-Looking Statement: The materials on this website may contain forward-looking statements within the meaning of the federal securities laws. Statements that are not historical facts, including, but not limited to, the privacy policy, cookies policy, terms of service, anti-spam policy, risk disclaimer, and law enforcement request.

 

Forward-looking statements on this website are not a guarantee of performance, and you should not place undue reliance on such statements where written or recorded. We have based these forward-looking statements largely on our expectations and projections about future events. Forward-looking statements are subject to many uncertainties and other variable circumstances, such as delays, or failures associated with implementation.

 

Therefore, we do not undertake, and specifically disclaim, any obligation to update any such statements or to publicly announce the results of any revisions to any of such statements to reflect future events or developments, except as specifically stated or to the extent required by law.

ASSETCOIN (ASSETCOIN) LEGAL RISK DISCLAIMER (“Disclaimer”)

September 2021

 

This disclaimer (together with our Terms of Use (the “Terms”) and Privacy Policy (the “Privacy Policy”) and any other documents referred to in those documents) is given by Assetcoin (ASSETCOIN), 1309 Coffeen Avenue, Suite 1200, Sheridan, WY 82801.

Please read the following carefully to understand these risks.

 

By visiting https://assetcoin.gold the User is accepting and consenting to the practices described in this policy.

All defined terms are as defined in the body of the text or in the Terms.

 

THE RISKS DESCRIBED BELOW ARE NOT NOR ARE THEY INTENDED TO BE A COMPREHENSIVE OR EXHAUSTIVE LIST OF RISK FACTORS.

 

ASSUMPTION OF RISK

The trading of goods and products, real or virtual, as well as crypto-currencies as well as the use of the Assetcoin Platform, involves significant risk, and the User specifically agrees to assume the risks set out in this Disclaimer (“Risks”) as well as other risks not set out herein which are inherent to online trading and cryptocurrency speculation.

The Client agrees to assume the following risks and acknowledges and agrees that ASSETCOIN SHALL NOT be responsible for or otherwise liable for any direct or indirect loss or damage of any kind whatsoever arising directly or indirectly from the occurrence in full or in part of any and all of the following Risk events:

Trading risk:

  • There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.

 

Price fluctuation risk:

  • Although Security Tokens are more secure cryptocurrency prices can and do fluctuate on any given day and due to such price fluctuations, the User’s cryptographic assets may be subject to swings in value or may even become worthless.

 

Risk in placing orders:

  • An Order may be incomplete and incorrect. Any Order, including Market Orders, Limit Orders and Stop Orders, may not be (and are not guaranteed) executable at the price or amount specified by the User. Orders may be canceled at ASSETCOIN’s discretion or for any other reason.

  • A Market Order will normally be executed as soon as possible, and the execution price of the Transaction may deviate significantly (for example, 10%) from the nearest bid/ask price seen by the User, resulting in a significant loss. In addition, an Order may not place completely or at all or may be placed at the wrong price, or may suffer an unexpected delay in execution because any of a variety of reasons.

  • Under certain market conditions, the User may find it difficult or impossible to liquidate a position. This can occur, for example, when there is insufficient liquidity in the market. Placing contingent orders, such as "stop-loss" or "stop-limit" orders, will not necessarily limit losses or lock profits to the intended amounts, since market conditions may make it impossible to execute such orders.

  • The User may inadvertently due to their own error or because of a system or other human error place an Order for an asset that results in an unwanted Order.

  • The User, ASSETCOIN or any third party (including a financial institution or payment institution or hacker) may send crypto to the wrong wallet address during the funding or withdrawal of their Account.

  • The User may be prevented from sending an Order or the email may not be received by ASSETCOIN or the Services, due to hardware, software, or services issues (including, without limitation, Internet and other network connectivity issues).

  • An executed Order, Transaction instruction, or email to ASSETCOIN or the Services may be lost, intercepted or altered during transmission.

  • Unauthorized third parties may access or use their Account and effect transactions without their knowledge or authorization.

  • Exceptional Market Conditions, Force Majeure Events, and similar events can cause the booking of funds to be delayed.

  • ASSETCOIN may refuse to act upon any instruction from a User or any person authorized by the User if ASSETCOIN reasonably believes that the transaction, pursuant to the instruction submitted, will be in violation of e.g. market rules, usual market practice, and/or applicable law, including, but not limited to, legislation on money laundering and insider trading.

Information risk:

  • There may be errors or omissions on the reporting module or otherwise delay, inaccuracy, error, interruption or omissions in providing market quotations or other information provided on the Site on which the User might rely in making an Order.

  • Cyber-attack risk:

  • There may be a third party or other attacks targeting computers/networks, spreading malware, running botnets, (D)DOS attacks, defacing websites, violations of network security, etc which can material alter, intercept or otherwise interfere with the giving or execution of an Order or the transfer of Funds to and from the User´s wallet.

  • Counterparty Exchange risk:

  • There may be errors, acts, or omissions by the Counterparty Exchange or the Counterparty Exchange system may suffer a partial or complete failure, including, without limitation, a cyber-attack, such as phishing, pharming, etc, failure of hardware, software, human error, etc.

Copy-trading risk:

  • A copied trader's account(s), portfolio(s), and/or strategy position(s) shall be copied in an amount equal to the lower of either the minimum position amount as shall be set by ASSETCOIN from time to time or the proportional amounts of the copied trade to the realized equity of the copied trader as the basis for the proportions of copied trades. Such positions shall have the same leverage (if any), stop loss and take profit, to the maximum extent possible. Trades below the minimum trade amount shall not be opened. All such positions shall be modified and/or closed automatically if and when modified/closed by the copied trader, for whatsoever reason, without providing any further notice and without any action on the User’s part. The User should be able and prepared to bear the loss of the entire investment the User made in such a copied trader.

  • If the User places additional trades in the User’s account or the User modify or cancels an order generated by a Social Trading service the User may achieve a materially different result than the user that the User copied. Unopened copied trades in amounts lower than the minimum trade may also result in different results.

  • Cash-out and withdrawal by the copied trader may also generate a materially different result than the User copied as it may affect the copy trading proportions.

Financial or payment institution risk:

  • Errors acts, or omissions of a financial or payment institution, including delays in sending or receiving funds from an Account to or from a.

  • Tax risk:

  • Transactions the User completes using the Trading Platform may be subject to various taxes, such as VAT, sales tax or transfer taxes that are imposed and any profit or loss the User obtain therefrom.

  • Account/Password appropriation risk:

  • Unauthorized access by third parties of the User’s login credentials to gain access to the User’s Account, including through carelessness or forgetfulness of the User, or the third party obtaining control over another device or account used by the User in connection with any enhanced security measures enabled for their Account.

Platform risk:

  • There is no warranty or assurance that the development of the platform software or hardware will be uninterrupted or error-free, and there is an inherent risk that the software could contain defects, weaknesses, vulnerabilities, viruses or bugs causing substantial loss.

Token risk:

  • Any Token listed, or the underlying project, may be abandoned by the creators, suffer from lack of success or business failure for a number of reasons including but not limited to lack of interest from the public, funding failures, lack of commercial success, or prospects (e.g. caused by competing projects) and the User may incur substantial losses as a result of investing in any token listed on the ASSETcoin platform.

  • The features, functions, characteristics, operation, use, and other properties of any Token (“Token Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact in any Token may be complex, technical or difficult to understand or evaluate, and ASSETCOIN agrees no obligation to provide individual advice or information in respect of any Token, Token Properties or Underlying Technology.

  • Any Token and its Underlying Technology may be vulnerable to attacks on the security, integrity, or operation of the Token or its Underlying Technology (“Attacks”), including Attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology.

  • Any Token, Token Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology, or a change resulting from an Attack. These changes may include, without limitation, a “fork” or “rollback” of a Token or blockchain.

  • Any Token may be canceled, lost, or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, Attacks, changes to Token Properties, or failure of the Token to operate as intended.

  • ASSETCOIN may suspend or cease to support the transfer, storage, or trading of any Token at any time at ASSETCOIN’s discretion. Other exchanges and service providers may do the same.

  • ASSETCOIN may suspend or reject Orders, suspend or cease support for Tokens, or suspend or terminate the User’s access to the Services to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at ASSETCOIN’s discretion.

Token listing risk:

  • A Token listed by a corporate User may be canceled or rendered non-operational at any time without prior notice to the User, intentionally or otherwise (for example, due to regulatory intervention, security concern, or as a result of a third party hacking attempt), irrespective of any communications or prior agreement between the parties, resulting in significant reputational, financial or other loss to the User, other Users or other Token holders of the canceled Token.

 

LIMITATION OF LIABILITY

Except as expressly provided to the contrary in writing by us, the Trading Platform is provided on an “as is” and “as available” basis. ASSETCOIN expressly disclaims, and the User waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the Trading Platform, including the information, content, and materials contained therein.

 

ASSETCOIN is not liable for any breach of an obligation under the Terms where ASSETCOIN is hindered or prevented from carrying out its obligations by any cause outside of our reasonable control. In no event shall ASSETCOIN, its directors, shareholders, officers, members, employees, affiliates, or agents be liable to the User for any special, direct, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort including but not limited to negligence or otherwise, arising out of or in any way connected with the use of or inability to use the Trading Platform, including without limitation any damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the Trading Platform, records, programs or services.

 

ASSETCOIN does not assume any liability for negligent or willful misconduct of ASSETCOIN’s directors, shareholders, officers, members, employees, affiliates or agents (or corresponding hierarchical level) and potential clients should not rely upon the Trading Platform or information provided by the same in deciding whether or not to use the Trading Platform. The Purchaser hereby holds harmless and indemnifies and keeps indemnified the Trading Platform and its officers and employees from and against all liabilities, costs, and damages of any kind (including, for the avoidance of doubt, all legal expenses incidental thereto) which may be incurred by any of them and all actions or proceedings which may be brought by or against them.

 

ASSETCOIN shall in no event be liable to the User by way of indemnity or by reason of any breach of the Terms or in tort or otherwise for loss of use of the Assets or any part thereof or for loss of opportunity, loss of profit, or for any indirect, special or consequential loss or damage that may be suffered by the User in connection with the use of the Trading Platform or the Site or the provision by ASSETCOIN of the Services in connection with the same.

In no event shall our aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of and/or inability to use the Trading Platform exceed the amount of 100 USD (one hundred United States Dollars) during the 6 months immediately preceding the date of any claim giving rise to such liability.

This limitation of liability is subject to the maximum liability cap set out in the Terms.

 

IF YOU MAKE INVESTMENT DECISIONS IN RELIANCE ON INFORMATION THAT IS AVAILABLE ON THE SITE OR AS A RESULT OF THE USE OF THE SOCIAL TRADING SERVICES, YOU DO SO AT YOUR OWN RISK. ASSETCOIN AND ITS AFFILIATES, THEIR EMPLOYEES, AND ITS AGENTS WILL NOT BE LIABLE FOR ANY LOSSES THAT YOU MAY SUSTAIN.

YOU SHOULD NOT MAKE ANY INVESTMENT DECISION WITHOUT FIRST CONDUCTING YOUR OWN RESEARCH. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, OR STRATEGY, OR ANY OTHER PRODUCT OR SERVICE IS APPROPRIATE OR SUITABLE FOR YOU BASED ON YOUR INVESTMENT OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION.

 

Any past performance of our users, risk score, statistics, and any other information with respect to users appearing on our websites and applications are not indicative of future results and should be considered as hypothetical as more fully described below. It is important to understand that risk scores, statistical information, and historical performance are not a guarantee of future performance.

 

NO REPRESENTATION OR GUARANTEE IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN AND/OR THAT A RISK SCORE OF A COPIED USER SHALL NOT IN FACT BE HIGHER.

 

When reviewing the portfolio, financial performance information, opinions, or advice of another registered user, The User should not assume that the user is unbiased, independent, or qualified to provide financial information or opinions. ASSETCOIN does not guarantee any order including the placing of stop orders. Accordingly, regardless of the entry or closing designation, ASSETCOIN does not guarantee that the trade will be filled at the order price/stop-loss percentage and the User may lose more than the original amount used to copy such trader.

 

PAST PERFORMANCE AND/OR RISK SCORES SHOULD BE CONSIDERED AS HYPOTHETICAL PERFORMANCE RESULTS. HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS. NO REPRESENTATION OR GUARANTEE IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THE PAST PERFORMANCE OR RISK SCORE SHOWN. THE ACTUAL PERCENTAGE GAINS/LOSSES EXPERIENCED BY INVESTORS WILL VARY DEPENDING ON MANY FACTORS, INCLUDING BUT NOT LIMITED TO: STARTING ACCOUNT BALANCES (DEPOSITS AND WITHDRAWALS), MARKET BEHAVIOR, MINIMUM TRADE SIZE, THE INVESTOR'S ACCOUNT SETTINGS, AND THE ACTUAL PERFORMANCE OF THE COPIED USER.

ACCORDINGLY, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL/PAST PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS THAT CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

NO ASPECT OF THE INFORMATION AND/OR SOCIAL TRADING FEATURE PROVIDED AND/OR MADE AVAILABLE ON OUR WEBSITES IS INTENDED TO PROVIDE OR SHOULD BE CONSTRUED AS PROVIDING, ANY INVESTMENT, TAX, OR OTHER FINANCIAL-RELATED ADVICE OF ANY KIND. YOU SHOULD NOT CONSIDER ANY SUCH CONTENT AND/OR ANY SUCH FEATURE TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL AND/OR INVESTMENT ADVICE. IF YOU CHOOSE TO ENGAGE IN TRANSACTIONS BASED ON CONTENT ON THE WEBSITE AND/OR ELECT TO COPY SPECIFIC TRADERS AND/OR TRADES, THEN SUCH DECISIONS AND TRANSACTIONS AND ANY CONSEQUENCES FLOWING THEREFROM ARE YOUR SOLE RESPONSIBILITY. WHILE INDIVIDUAL PARTICIPANTS MAY OFFER INVESTMENT ADVICE OR OPINIONS AND/OR EFFECT A TRANSACTION WHICH MAY BE SUBSEQUENTLY COPIED BY OTHER TRADERS, SUCH ADVICE, OPINIONS OR TRADES AMOUNT TO NOTHING MORE THAN EXCHANGES BETWEEN PERSONS WHO MAY BE ANONYMOUS OR UNIDENTIFIABLE OR SIMPLY THE EXECUTION OF A TRADE BY SUCH TRADERS. ASSETCOIN AND ITS AFFILIATES DO NOT PROVIDE INVESTMENT ADVICE DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY MANNER WHATSOEVER BY MAKING SUCH INFORMATION AND/OR FEATURES AVAILABLE TO YOU. ANY DATA YOU GATHER FROM HERE OR FROM USING THE SOCIAL TRADING FEATURES IS PROVIDED FOR INFORMATION ONLY.

INDEMNITY

The User agrees to defend, indemnify, and hold us harmless, and each of our officers, directors, shareholders, members, employees, agents, and affiliates, from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable professional fees, arising out or relating to (i) the User’s use of, or conduct in connection with the Trading Platform; (b) the User’s violation of the Terms; or (c) the User’s violation of any rights of any other person or entity and we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

In making a decision to copy a specific trader, account, portfolio and/or strategy, the User has considered the User’s entire financial situation including financial commitments and the User understand that using Social Trading service is highly speculative and that the User could sustain significant losses exceeding the amount used to copy a trader or traders;

information in relation to Social Trading provided by ASSETCOIN is provided solely for informational purposes. ASSETCOIN and its affiliates and their employees and agents are not investment or financial advisers.