LINKCHAIN LEGAL CONSIDERATIONS
LNK tokens confer no voting rights, ownership of intellectual property, transfer of ownership upon company sale, control of company assets, or any decision-making ability regarding the LINKCHAIN platform or its’ operations. LNK tokens are not in any way, either directly or indirectly, considered to be securities. The LNK token is a utility token – not a security, bond or share token – which is meant to be used only on the LINKCHAIN platform once the platform is launched. LNK tokens are sold as a utility token.
The user acknowledges, understands, and agrees that LNK tokens are not securities and are not registered with any government entity or regulator as a security, and shall not be considered as such.
TOKEN TERMS & CONDITIONS:
The following Terms and Conditions (“Terms”) govern the sale of LINKCHAIN cryptographic tokens (“LNK”) to crowd sale participants (“Purchasers” collectively, and “Purchaser” individually). This document describes the initial sale in which the LINKCHAIN team (“LINKCHAIN team”) will operate. It is not a solicitation for investment and does not pertain in any way, either directly or indirectly, to an offering of securities in any jurisdiction. Individuals, businesses, and other organizations should carefully weigh the risks, costs, and benefits of acquiring LNK early in the initial sale instead of waiting to purchase LNK on open, third-party exchanges.
LNK is not a security. Ownership of LNK carries no rights, neither express or implied. Purchases of LNK are non-refundable. Purchasers should have no expectation of influence over governance of the LINKCHAIN Platform. By participating in the sale of LNK, you expressly acknowledge and represent that you have carefully reviewed the Terms & Conditions and fully understand the risks, costs, and benefits of purchasing LNK and agree to be bound by these Terms & Conditions. As set forth below, you further represent and warrant that, to the extent permitted by law, you are authorized to purchase LNK in your relevant jurisdiction, are of legal age to be bound by these Terms & Conditions, and will not hold liable for any losses or any special, incidental, or consequential damages arising out of, or in any way connected to the sale of LNK, now or in the future, LINKCHAIN and its affiliates, and the officers, directors, agents, joint ventures, employees and suppliers of LINKCHAIN or its affiliates.
DO NOT PURCHASE LNK IF YOU ARE NOT AN EXPERT IN DEALING WITH CRYPTOGRAPHIC TOKENS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. Purchases of LNK should be undertaken only by individuals, entities, or companies that have significant experience with, and understanding of, the usage and intricacies of cryptographic tokens, like Ethereum (“ETH”), and blockchain based software systems. Purchasers should have functional understanding of storage and transmission mechanisms associated with other cryptographic tokens. While the LINKCHAIN Team will be available to assist Purchasers of LNK during and after the sale, the LINKCHAIN Team will not be responsible for lost ETH or LNK resulting from actions taken by or omitted by Purchasers. Note, in particular, that LNK Purchasers should take great care to record their wallet password and retain in confidential safekeeping to ensure that they will be able to access their LNK when it becomes available after the initial sale. If you do not have such experience or expertise, then you should not purchase LNK or participate in the pre-sale of LNK.
CRYPTOGRAPHIC TOKENS MAY EXPERIENCE EXTREME PRICE VOLATILITY. Cryptographic tokens that possess value in public markets, such as ETH, have demonstrated extreme price fluctuations over short time periods regularly. An Purchaser of LNK should be prepared to expect similar fluctuations, both down and up, in the price of LNK denominated in ETH or United States dollars (“USD”) or currencies of other jurisdictions. Such fluctuations are due to market forces and represent changes in the balance of supply and demand. Liquidity refers to the extent to which a market allows assets to be bought and sold where there is a steady flow of LNK buyers and sellers. Lower liquidity tends to generate a more volatile market (especially for large purchase and sale orders of LNK) and may cause more drastic price changes. In contrast, however, higher liquidity tends to create a less volatile market, and prices may not fluctuate as much. The LINKCHAIN Team cannot and does not guarantee market liquidity for LNK and therefore, there may be periods of time in which LNK may be difficult to buy.
Additionally, due to different regulatory dictates in different jurisdictions and the inability of citizens of certain countries to open accounts at exchanges located anywhere in the world, the liquidity of LNK may vary from one country to another and this would likely be reflected in significant price discrepancies. By purchasing LNK, you expressly acknowledge and represent that you fully understand that LNK may experience significant and sustained pricing and trading and will not seek to hold any of the LINKCHAIN Team Parties liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected to, the sale of LNK.
WARNING: THE PURCHASE OF LNK ENTAILS VARIOUS RISKS.
The purchase of LNK carries with it various risks. Prior to purchasing LNK, you should carefully consider the risks listed below and, to the extent necessary, consult an appropriate lawyer,
accountant, or tax professional. If any of the following risks are unacceptable to you, you should not purchase LNK. By purchasing LNK, and to the extent permitted by law, you are agreeing not to hold any of the LINKCHAIN Team Parties liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of LNK, including losses associated with the risks set forth below.
1. Overview of Initial Sale of LNK
The LINKCHAIN Team will produce a quantity of LNK in a pre-sale event referred to as the initial sale, to be conducted on its web site at https://LINKCHAIN.com (“the initial sale”). Purchasers in the initial sale will acquire LNK in exchange for ETH, ETH, and Fiat money at the USD value of each investment at the time of investment. Purchasers of LNK in the initial sale will be granted user accounts on the website that will enable them to claim their purchase at the end of the initial sale. All LNK pre-sold this way will be created on the Ethereum networks after the end of the initial sale, although there are no guarantees that this will occur within a given timeframe. LNK purchased with ETH will be created on the Ethereum blockchain. The LINKCHAIN Team will allocate the purchased LNK to the corresponding user account on the web site, delivering it to their control.
2. LNK Pricing
Based on the recent performance of other similar blockchain projects, LINKCHAIN management has determined that this initial sale shall be divided and sold at decreasing discount rates as the sale proceeds. Full details about the various price points will be provided in a timely manner to Purchasers in the initial sale and will be available on the website at the time of purchase. Purchasers of LNK should expect prices to fluctuate significantly. The information published on the Site cannot guarantee that participants will not lose money, nor maintain a price support (floor), nor maintain their LNK value relative to their purchase price. LNK will be priced independently by markets and token exchanges, similar to other cryptocurrencies. There are many direct and indirect external factors and market forces that may influence the price of LNK, some or all of which may be outside the control and purview of LINKCHAIN Team.
3. Disclosure of Purchases
To enable LNK Purchasers with information to guide their decision-making process, LINKCHAIN Team will disclose in real-time the total proceeds raised in the LNK initial sale to enable the Purchaser to develop an understanding of the size of the existing LINKCHAIN funding pool at the time of LNK purchase.
4. Purchase of LNK from the LINKCHAIN.com Website
The LINKCHAIN Team will maintain a store interface to be used to purchase LNK. The store interface will be available on the LINKCHAIN website (https://LINKCHAIN.com). Instructions for purchasing LNK with ETH and other cryptocurrencies using the store interface will be embedded and available for review on the LINKCHAIN website during the duration of the initial
sale. Failure to follow these instructions may limit, delay, or prevent a Purchaser from obtaining LNK.
5. Obligation to Determine If Purchaser Can Purchase LNK in Purchaser’s Jurisdiction
It is the responsibility of each potential Purchaser of LNK to determine if the Purchaser can legally purchase LNK in the Purchaser’s jurisdiction. Rules vary across jurisdictions. Consult the appropriate counsel and/or regulatory authorities. The regulatory regime in either Canada and/or the United States governing blockchain technologies, cryptocurrencies, and/or tokens is highly uncertain, and new regulations or policies may materially and adversely affect the development of the LINKCHAIN platform and the utility, liquidity, and value of LNK Tokens. Owing to different regulatory regimes and compliance uncertainty in different jurisdictions and the inability of citizens of certain jurisdictions to open accounts at exchanges located anywhere in the world, the liquidity of LNK may materially vary from one jurisdiction to another, and this may generate significant price discrepancies.
6. Acceptance of Terms and Conditions of the LINKCHAIN Sale
As a first step in the purchase process, LINKCHAIN Team will present the Purchaser with these Terms, and any other associated documents. By placing an order to buy LNK, the Purchaser: (i) consents and agrees to the Terms; (ii) represents and warrants that the Purchaser is legally permitted to purchase LNK in the Purchaser’s jurisdiction; (iii) represents and warrants that the Purchaser is of a sufficient age to legally purchase LNK or has received permission from a legal guardian who has reviewed and agreed to these Terms; (iv) represents and warrants that the Purchaser will take sole responsibility for any restrictions and risks associated with the purchase of LNK as outlined below; and (v) represents and warrants that the Purchaser has an understanding of the usage and intricacies of cryptographic tokens, including ETH, and blockchain-based software systems.
7. Receipt of LNK and the Purchase Email
As part of the purchase process, and in order to purchase LNK, a Purchaser must provide an email address (the “Purchase Email”). The Purchase Email will be used to email the Purchaser a notice of the creation of the Purchaser’s account on the LINKCHAIN website. By purchasing LNK, and to the extent permitted by applicable law, the Purchaser agrees not to hold any of the LINKCHAIN Team Parties liable for any losses or any special, incidental, or consequential damages arising out of, or in any way connected to, Purchaser’s failure to secure their account.
8. LNK Will Only Be Available for Sale on the LINKCHAIN Website
The LINKCHAIN Team will only sell LNK through the LINKCHAIN website, available at https://LINKCHAIN.com. To the extent that any third-party website or service offers LNK for sale during the initial sale or facilitates the sale or transfer of LNK in any way during the initial sale, such third-party websites or services are not sanctioned by LINKCHAIN Team or its affiliates and have no relationship in any way with the LINKCHAIN Team Parties. As a result,
LINKCHAIN Team prohibits the use of these third-party websites or services for the purchase of LNK prior to the end of the initial sale.
9. Fraudulent Attempts to Double Spend ETH
LINKCHAIN Team will monitor all potential transactions for fraudulent attempts to double spend ETH. Any identified double spend of ETH will result in no LNK being delivered to the associated Purchaser.
10. Certain Risks Associated with the Purchase of LNK
The purchase of LNK carries with it significant risk. Prior to purchasing LNK, the Purchaser should carefully consider the below risks and, to the extent necessary, consult a lawyer, accountant, and/or tax professionals before determining whether to purchase LNK. i. It is possible that the value of ETH will drop significantly in the future, depriving LINKCHAIN Team of sufficient resources to continue to operate. ii. LNK will be stored in a wallet, which can only be accessed with a password selected by the Purchaser. If a Purchaser of LNK does not maintain an accurate record of their password, this may lead to the loss of LNK. As a result, Purchasers must safely store their password in one or more backup locations that are well separated from the primary location. In order to access one’s LNK, the password that the Purchaser entered is required; loss of this may lead to the loss of a Purchaser’s LNK. iii. Any third party that gains access to the Purchaser’s Purchase Email may be able to gain access to the Purchaser’s LNK. The Purchaser must take care not to respond to any inquiry regarding their purchase of LNK, including but not limited to, email requests purportedly coming from the linkchain.supply website or a similar-looking domain. iv. Cryptocurrencies have been the subject of regulatory scrutiny by various regulatory bodies around the globe. The LINKCHAIN Platform and LINKCHAIN Team could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability to continue to develop the LINKCHAIN Platform. v. It is possible that the LINKCHAIN Platform will not be used by a large number of external businesses, individuals, and other organizations and that there will be limited public interest in the use of peer-to-peer currencies for the use of crypto indexes. Such a lack of interest could impact the development of the LINKCHAIN Platform. LINKCHAIN Team cannot predict the success of its own marketing efforts nor the efforts of other third parties. There is no guarantee of revenues or profits resulting from the marketing activities of the LINKCHAIN Team. vi. The Purchaser recognizes that the LINKCHAIN Platform is currently under development and may undergo significant changes before release.
The Purchaser acknowledges that any expectations regarding the form and functionality of the LINKCHAIN Platform held by the Purchaser may not be met upon release of the LINKCHAIN Platform, for any number of reasons including a change in the design and implementation plans and execution of the implementation of the LINKCHAIN Platform. vii. The Purchaser understands that while the LINKCHAIN Team will make reasonable efforts to complete the development, it is possible that an official completed version of the LINKCHAIN Platform may not be released and there may never be an operational or functional LINKCHAIN Platform. viii.
Hackers or other groups or organizations may attempt to steal the ETH and cryptocurrency revenue from the initial sale, thus potentially impacting the ability of LINKCHAIN Team to promote the LINKCHAIN Platform. To account for this risk, LINKCHAIN Team has and will continue to implement comprehensive security precautions to safeguard the ETH and cryptocurrency obtained from the sale of LNK. Multi-factor security measures will be taken to protect cryptocurrency and LNK including but not limited to physical elements, multi-signature keys, splitting of funds, hot/cold wallet partitioning and diversification. Moreover, regular security audits of hot and cold wallets will be conducted by internal and external teams. ix. Advances in code cracking, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies and the LINKCHAIN Platform, which could result in the theft or loss of LNK.
To the extent possible, LINKCHAIN intends to update the protocol underlying the LINKCHAIN Platform to account for any advances in cryptography and to incorporate additional security measures but it cannot predict the future of cryptography or the success of any future security updates. x. As with other cryptocurrencies, the blockchain used for the LINKCHAIN Platform is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attacks present a risk to the LINKCHAIN Platform and expected proper payment operations. xi. The loss or destruction of a private key by LINKCHAIN Team used to access may be irreversible. LINKCHAIN Team’s loss of access to its private keys or a data loss relating to LINKCHAIN Team could adversely affect the value of LINKCHAIN Platform. xii. LINKCHAIN Platform is a new product, thus contributing to price volatility that could adversely affect the value of LNK. The factors affecting the further development of the digital assets industry, as well as the LINKCHAIN Platform, include: a) continued worldwide growth in the adoption and use of LNK and other digital assets; b) government and quasi-government regulation of LNK and other digital assets and their use, or restrictions on or regulation of access to and operation of the LINKCHAIN Platform or similar digital asset systems; c) the maintenance and development of the software of the LINKCHAIN Platform; d) changes in consumer demographics and public tastes and preferences; e) the availability and popularity of other similar products; and f) general economic conditions and the regulatory environment relating to the LINKCHAIN Platform and digital assets. xiii.
Intellectual property rights claims may adversely affect the operation of the LINKCHAIN Platform. Third parties may assert intellectual property claims relating to the holding and transfer of digital assets and their source code. Regardless of the merit of any intellectual property or other legal action, any threatened action that reduces confidence in the LINKCHAIN Platform’s long-term viability or the ability of end-users to hold and transfer LNK may adversely affect the value of LNK. Additionally, a meritorious intellectual property claim could prevent end-users from accessing the LINKCHAIN Platform or holding or transferring their LNK. xiv. Cryptocurrency exchanges on which LNK may trade may be relatively new and largely unregulated and may therefore be more exposed to fraud and failure than established, regulated exchanges for other products. To the extent that the cryptocurrency exchanges representing a substantial portion of
the volume in LNK trading are involved in fraud or experience security failures or other operational issues, such cryptocurrency exchange failures may result in a reduction in the price and can materially and adversely affect the value of LNK. A lack of stability or liquidity in the cryptocurrency exchanges and the closure or temporary shutdown of cryptocurrency exchanges due to fraud, business failure, hackers or malware, or government-mandated regulation may reduce confidence in the LINKCHAIN Platform and result in greater volatility in the price. xv. Political or economic crises may motivate large-scale sales of LNK, which could result in a reduction in the price and adversely affect the value of LNK. Digital assets such as LNK, which are relatively new, are subject to supply and demand forces based upon the desirability of an alternative, decentralized means of transacting, and it is unclear how such supply and demand will be impacted by geopolitical events.
Large volume sales of LNK would result in a reduction in its price. xvi. It is possible that a digital asset other than LNK could have features that make it more desirable to a material portion of the digital asset user base, resulting in a reduction in demand for LNK, which could have a negative impact on the use and price of LNK. It is possible that a comparable product could become materially popular due to either a perceived or exposed shortcoming of the LINKCHAIN Platform that is not immediately addressed by the LINKCHAIN Team, or a perceived advantage of a comparable product that includes features not incorporated into the LINKCHAIN Platform. If this product obtains significant market share, it could have a negative impact on the demand for, and price of, LNK. xvii. LNK transactions are irrevocable and stolen or incorrectly transferred LNK may be irretrievable. As a result, any incorrectly executed LNK transactions could materially and adversely affect the value of LNK. Cryptocurrency transactions are not, from an administrative perspective, reversible without the consent and active participation of the recipient of the transaction or, in theory, control or consent of a majority of the processing power on the host blockchain platform. Once a transaction has been verified and recorded in a block that is added to the blockchain, an incorrect transfer of LNK or a theft of LNK generally will not be reversible and there may be no compensation for any such transfer or theft. Such loss could materially and adversely affect the value of LNK. xviii. Some LNK tokens may be issued on the Ethereum blockchain. As such, any malfunction or unexpected functioning of the Ethereum protocol may impact the Purchaser’s ability to transfer or securely hold LNK. Such impact could materially and adversely affect the value of LNK. xix. It is possible that, due to any number of reasons, including without limitation the failure of business relationships or marketing strategies, that the LINKCHAIN Platform and all subsequent marketing from the money raised from the same of LNK may fail to achieve success.
11. All Purchases of LNK Are Non-Refundable
ALL PURCHASES OF LNK ARE FINAL. PURCHASES OF LNK ARE NON-REFUNDABLE. BY PURCHASING LNK, THE PURCHASER ACKNOWLEDGES THAT NEITHER LINKCHAIN Team NOR ANY OTHER OF THE LINKCHAIN Team PARTIES ARE REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT THE PURCHASER WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR ANY LNK THAT IS NOT USED OR REMAINS UNUSED.
12. Taxation of LNK and Taxation Related to the Initial Sale
LINKCHAIN Team makes no representations concerning the tax implications of the sale of LNK or the possession or use of LNK. The Purchaser bears the sole responsibility to determine if the purchase of LNK with ETH or other cryptocurrencies or the potential appreciation or depreciation in the value of LNK over time has tax implications for the Purchaser in the Purchaser’s home jurisdiction. By purchasing LNK, and to the extent permitted by law, the Purchaser agrees not to hold any of the LINKCHAIN Team Parties liable for any tax liability associated with or arising from the purchase of LNK. You are solely responsible for determining what, if any, taxes apply to your LNK Token transactions. Neither The LINKCHAIN Team nor any other party is responsible for determining taxes that apply to LNK Token transactions.
Although LINKCHAIN Team requires that Purchasers provide an email address, LINKCHAIN Team will not publish any identifying information related to LNK purchases, without the prior written consent of the Purchaser. The privacy of the Purchaser is not in any way shared with third-party sources. Purchasers may be contacted by email by LINKCHAIN Team regarding a purchase. Such emails will be informational only. LINKCHAIN Team will not request any information from Purchasers in an email.
14. Disclaimer of Warranties
THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER IS PURCHASING LNK AT THE PURCHASER’S SOLE RISK AND THAT LNK IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NONE OF THE LINKCHAIN Team PARTIES WARRANT THAT THE PROCESS FOR PURCHASING LNK WILL BE UNINTERRUPTED OR ERROR-FREE.
15. Limitations Waiver of Liability
THE PURCHASER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, LNK OR THE LINKCHAIN PLATFORM UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NONE OF THE LINKCHAIN Team PARTIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS,
GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, OR PURCHASE OF, OR INABILITY TO PURCHASE, LNK. THE PURCHASER FURTHER SPECIFICALLY ACKNOWLEDGES THAT LINKCHAIN Team PARTIES ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER PURCHASERS OF LNK, AND THAT THE RISK OF PURCHASING LNK RESTS ENTIRELY WITH THE PURCHASER. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL ANY OF THE LINKCHAIN Team PARTIES BE LIABLE TO ANY PURCHASER FOR MORE THAN THE AMOUNT THE PURCHASER MAY HAVE PAID TO LINKCHAIN Team FOR THE PURCHASE OF LNK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION AND ELSEWHERE IN THE TERMS MAY NOT APPLY TO AN PURCHASER. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY PURCHASER OR EXCLUDE INJURY ARISING FROM ANY WILFUL MISCONDUCT OR FRAUD OF LINKCHAIN Team.
16. Dispute Resolution
a) LINKCHAIN Team and Purchaser (the “Parties”) agree to make good faith efforts to resolve any dispute, controversy or claim arising between them relating to this pre-sale and their respective rights and obligations hereunder arising under this Agreement (a “Dispute”). b) If the Parties, or their designated representatives, are unable to resolve the Dispute within ten (10) business days after referral of the matter to them, the Parties will submit the Dispute for resolution pursuant to paragraph c. of this Section. c) Except with respect to Disputes concerning (i) the right of either Party to apply to a court of competent jurisdiction for an interim or interlocutory injunction or other provisional remedy to preserve the status quo or prevent irreparable harm or (ii) any Disputes that may arise in connection with a breach of a Party’s obligations of confidentiality hereunder, if any Dispute is not resolved pursuant to paragraphs a. and b. above, the Parties will, acting reasonably, agree mutually on the forum for resolution of the Dispute by arbitration as set out in this Section. d) After the completion of the procedures set forth in paragraph b. and agreement by the Parties to enter into binding arbitration in accordance with paragraph c. of this Section, either Party may within thirty (30) calendar days refer the Dispute to arbitration by serving written notice of its intention to arbitrate the Dispute to the other Party. e) The arbitration will be conducted by a single arbitrator to be mutually agreed to by the Parties within three (3) business days following the date of the referral of the Dispute to arbitration.
17. Force Majeure
LINKCHAIN Team is not liable for failure to perform solely caused by: • unavoidable casualty, • delays in delivery of materials, • embargoes, • government orders, • acts of civil or military authorities, • acts by common carriers, • emergency conditions (including weather conditions), or • any similar unforeseen event that renders performance commercially implausible. If an event of force majeure occurs, the party injured by the other’s inability to perform may elect to
suspend the Agreement, in whole or part, for the duration of the force majeure circumstances. The party experiencing the force majeure circumstances shall cooperate with and assist the injured party in all reasonable ways to minimize the impact of force majeure on the injured party.
18. Complete Agreement
These Terms set forth the entire understanding between each Purchaser and LINKCHAIN Team with respect to the purchase and sale of LNK. For facts relating to the sale and purchase, the Purchaser agrees to rely only on this document in determining purchase decisions and understands that this document governs the sale of LNK and supersedes any public statements about the initial sale made by third parties or by LINKCHAIN Team or individuals associated with any LINKCHAIN Team parties, past and present and during the initial sale. There are no warranties, representations, covenants, or agreements, express or implied, between the parties except those expressly set forth in this Agreement. This Agreement may only be amended by a written document duly executed by the parties.
The Purchaser and LINKCHAIN Team agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
20. No Waiver
The failure of LINKCHAIN Team to require or enforce strict performance by the Purchaser of any provision of these Terms or LINKCHAIN Team’s failure to exercise any right under these agreements shall not be construed as a waiver or relinquishment of LINKCHAIN Team’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by LINKCHAIN Team of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by LINKCHAIN Team shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by the Purchaser and a duly appointed officer, employee, or agent of LINKCHAIN Team.
21. Updates to the Terms and Conditions of the LNK Initial Sale
LINKCHAIN Team reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time during the sale by posting the amended Terms on the LINKCHAIN website (https://linkchain.suply). Any Purchaser will be deemed to have accepted such changes by purchasing LNK. The Terms may not be otherwise amended except in a signed writing executed by both the Purchaser and LINKCHAIN Team. For purposes of this
agreement, “writing” does not include an e-mail message and a signature does not include an electronic signature. If at any point you do not agree to any portion of the then-current version of the Terms, you should not purchase LNK.
22. US Purchaser Restriction
If a Purchaser is a citizen, tax resident or green card holder of the United States of America (“US Purchaser”), he/she shall not participate in the offering.
23. Cooperation with Legal Authorities
LINKCHAIN Team will cooperate with all law enforcement enquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdictions. LINKCHAIN Team will endeavor to publish any legal enquiries upon receipt.