Certain Risks Clause Samples
Certain Risks. Subscriber is fully aware that (i) the Common Stock represents equity securities in a corporate entity that has an accumulated deficit; (ii) no return on investment, whether through distributions, appreciation, transferability or otherwise, and no performance by, through or of the Company, has been promised, assured, represented or warranted by the Company, or by any director, officer, employee, agent or representative thereof; (iii) while the Common Stock is presently quoted and traded on the Over-the-Counter Bulletin Board and while such Subscriber is a beneficiary of certain registration rights and other rights as provided in Section 5 and Section 6 hereof, the Common Stock subscribed for and purchased under this Agreement (x) have not been registered under applicable federal or state securities laws, and thus may not be sold, conveyed, assigned or transferred unless registered under such laws or unless an exemption from registration is available under such laws, as more fully described below, and (y) can be no assurances that the Company’s Common Stock will continue to be quoted, traded or listed for trading or quotation on the OTCBB or on any other organized market or quotation system; and (iv) while the Subscriber is the beneficiary of certain registration rights and may be the beneficiary of certain other rights as more further described in Section 5 and Section 6 below, respectively, there is no guarantee that the Company will be able to effect a registration as contemplated by Section 6 below, and moreover, the sale of the Common Stock hereunder, and the exercise of such registration rights and possible other rights pursuant to Section 5 and Section 6 below, respectively, is contingent upon, among other things, the Company obtaining the Consent from all of the Subscribers to this Offering authorizing the Company to effect an amendment of the Company’s Articles of Incorporation to increase the Company’s authorized capital so as to enable the Company to have a sufficient number of shares of equity securities available to effect the Rights Offering; and (v) that the purchase of the Common Stock is a speculative investment, involving a degree of risk, and is suitable only for person or entity of adequate financial means who has no need for liquidity in this investment in that, among other things, (x) such person or entity may not be able to liquidate their investment in the event of an emergency or otherwise, (y) transferability is limited, and (z) in...
Certain Risks. Purchaser expressly understands that: (i) no return on investment, whether through distributions, appreciation, transferability or otherwise, and no performance by, through or of the Company, has been promised, assured, represented or warranted by the Company, or by any director, officer, employee, agent or representative thereof; (ii) while the Company's Common Stock is presently traded on the AMEX, and while the Purchaser is a beneficiary of certain registration rights with respect to the Shares and the Warrant Shares, the Shares and the Warrant subscribed for and that may be purchased under this Agreement and the Warrant Shares issuable upon exercise of the Warrants (x) are not registered under applicable federal or state securities laws, and thus may not be sold, conveyed, assigned or transferred unless registered under such laws or unless an exemption from registration is available under such laws, as more fully described below, and (y) are not quoted, traded or listed for trading or quotation on the AMEX, or any other organized market or quotation system, and there is therefore no present public or other market for the Shares, the Warrant or the Warrant Shares, nor can there be any assurance that the Common Stock will continue to be quoted, traded or listed for trading or quotation on the AMEX or on any other organized market or quotation system; and (iii) that the purchase of Shares and the Warrant is a speculative investment, involving a degree of risk, and is suitable only for a person or entity of adequate financial means who has no need for liquidity in this investment in that, among other things, (x) such person or entity may not be able to liquidate their investment in the event of an emergency or otherwise, (y) transferability is limited, and (z) in the event of a dissolution or otherwise, such person or entity could sustain a complete loss of their entire investment.
Certain Risks. The Package is optional and not required in order to use the Relativity Software for the basic purposes for which the Relativity Software was designed. Instead, Relativity makes the Package available as an optional, free, extra tool set. Accordingly, Client’s decision to use the Package shall be at Client’s sole risk, without any representations, warranties or agreements of any kind by Relativity or any other party whatsoever. Relativity does not warrant that the Package, or any interoperability or integration with Other Products and Custom Features, or their respective functions or results of use, will be as expected, or be accurate or reliable, or be suitable for Client’s or its customers’ intended uses, or that the operation thereof will be timely, uninterrupted, secure or error-free, or that known or discovered errors will be able to be corrected or circumvented.
Certain Risks. In addition, you understand, agree and accept the following risks associated with electing to wrap Bitcoin into cbBTC:
7.2.1. Neither Coinbase Payments nor any other member of the Coinbase Group guarantees the value of the Bitcoin held on behalf of cbBTC holders.
7.2.2. Neither Coinbase Payments nor any other member of the Coinbase Group is responsible for any change in the value of the Bitcoin held on behalf of cbBTC holders.
7.2.3. The external price of cbBTC could diverge from the price of Bitcoin because of market fluctuations, which may be affected by the actions or inactions of market makers or other market participants who receive loans or other incentives to purchase cbBTC. In case of a significant price dislocation, Coinbase may exercise its right to pause redemptions in accordance with Section 7.3.3 of this Appendix 3.
7.2.4. Neither Coinbase Payments nor any other member of the Coinbase Group guarantees that wrapping Bitcoin will result in a successful exchange or sale of cbBTC, and neither Coinbase Payments nor any other member of the Coinbase Group will have any obligation to backstop or otherwise intervene to guarantee cbBTC liquidity.
7.2.5. Neither Coinbase Payments nor any other member of the Coinbase Group guarantees the security or functionality of any third-party protocol, software or technology intended to be compatible with cbBTC and is not responsible for any losses of cbBTC due to the failure of third-party protocol, software or technology.
7.2.6. As with the protocols for other Digital Assets, neither Coinbase Payments nor any other member of the Coinbase Group owns or controls the underlying Ethereum or Base protocols which govern the operation of cbBTC. Accordingly, cbBTC is subject to Section
7.2.7. As with other Digital Assets, cbBTC could be impacted by one or more regulatory actions, which could impede or limit the services we can provide with respect to cbBTC.
Certain Risks. Client understands and agrees that:
a. Axos Invest does not guarantee the performance of the Account, is not responsible to Client for any investment losses and the Account is not insured against loss of income or principal.
b. That there are significant risks associated with investing in securities and the market, including, but not limited to, the risk that the Account could suffer substantial diminution in value, and this risk applies even when the Account is managed by an investment advisor including Axos Invest.
c. The past performance of any benchmark, market index, ETF, or other securities does not indicate its future performance, future performance may vary, and the future transactions can be made in different securities and during different economic environments.
Certain Risks. The Investor understands the speculative nature of and risks involved in the proposed investment in Jan ▇▇▇▇, ▇▇d all matters relating to the structure and the operations of Jan ▇▇▇▇ ▇▇▇e been discussed and explained to Investor's satisfaction.
Certain Risks. By using the Software on the Internet, the Customer may be subject to various risks, including among others: • Χ Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on the Customer’s computer and other forms of activity that may even be considered unlawful. • Χ Exposure to objectionable material and/or parties, including without limitation, contaminated files. • Χ Unauthorized exposure of information and material the Customer listed or sent, on or through our system to other users, the general public or any other specific entities for which the information and material was not intended by the Customer. • Χ Unauthorized invasion of the Customer’s privacy during, or as a result of, the Customer’s use or another’s use of the system. • TECHSEE shall employ reasonable commercially available technologies to secure the Software and its systems, computers, internal network and server but does not guarantee the security of the Software or its systems, computers, internal network and server beyond employing such commercially available technologies.
Certain Risks. In addition, you understand, agree and accept the following risks associated with electing to wrap any Wrappable Native Token into a corresponding Coinbase Wrapped Token:
(1) Neither ▇▇ ▇▇▇ nor any other member of the Coinbase Group guarantees the value of a Wrappable Native Token held on behalf of holders of a corresponding Coinbase Wrapped Token.
(2) Neither ▇▇ ▇▇▇ nor any other member of the Coinbase Group is responsible for any change in the value of a Wrappable Native Token held on behalf of holders of a corresponding Coinbase Wrapped Token.
(3) The external price of a Coinbase Wrapped Token could diverge from the price of a corresponding Wrappable Native Token because of market fluctuations, which may be affected by the actions or inactions of market makers or other market participants who receive loans or other incentives to purchase such Coinbase Wrapped Token. In case of a significant price dislocation, CB ▇▇▇ ▇▇▇ exercise its right to pause redemptions in accordance with Section 6.3.3 of this Appendix.
(4) Neither ▇▇ ▇▇▇ nor any other member of the Coinbase Group guarantees that wrapping a Wrappable Native Token will result in a successful exchange or sale of a corresponding Coinbase Wrapped Token, and neither ▇▇ ▇▇▇ nor any other member of the Coinbase Group will have any obligation to backstop or otherwise intervene to guarantee liquidity of such Coinbase Wrapped Token.
(5) Neither ▇▇ ▇▇▇ nor any other member of the Coinbase Group guarantees the security or functionality of any third-party protocol, software or technology intended to be compatible with a Coinbase Wrapped Token and is not responsible for any losses of any Coinbase Wrapped Token due to the failure of third-party protocol, software or technology.
(6) As with the protocols for other Crypto Assets, neither ▇▇ ▇▇▇ nor any other member of the Coinbase Group owns or controls the underlying protocols which govern the operation of any Coinbase Wrapped Token. Accordingly, all Coinbase Wrapped Tokens are subject to Section 5.14 of the Agreement, like other Crypto Assets.
(7) As with other Crypto Assets, a Coinbase Wrapped Token could be impacted by one or more regulatory actions, which could impede or limit the services we can provide with respect to such Coinbase Wrapped Token.
Certain Risks. The Investor understands that an investment in the LLC involves substantial risk, including, without limitation, the following:
(a) the LLC has limited operating history;
(b) no federal or state agency has reviewed or approved the Membership Interests, the offering thereof, the Operating Agreement or the Subscription Package, or made any findings or determination as to the fairness of an investment in the LLC;
(c) the LLC is not registered as an investment company under the Investment Company Act and does not intend to be so registered absent changes in laws. Thus, the provisions of the Investment Company Act intended to provide various protections to investors will not be extended to the Investors.
Certain Risks. Such Purchaser recognizes that the purchase of the Preferred Shares involves a high degree of risk including, but not limited to, the following: (a) an investment in the Company is highly speculative, and only an investor who can afford the loss of its entire investment should consider investing in the Company and the Preferred Shares; (b) such Purchaser may not be able to liquidate its investment; (c) transferability of the Preferred Shares is extremely limited; and (d) in the event of a disposition, such Purchaser could sustain the loss of its entire investment.