Term of use and service
August 17, 2018, 2:39 PM UTC

ALL USERS! BEFORE ACCESSING THIS SITE, PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS USE OF THIS SITE BY YOUR FIRM AND ANY MATERIAL AVAILABLE THROUGH THE SITE.

This User Agreement ("Agreement") is a legally binding contract between you, your firm, and DAS SP, Ltd. ("DAS SP").

Accessing the Website

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Website.

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and any other applicable terms and conditions, and that they comply with them.

Your Account and Password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in writing or by email at request@initialindex.com

Sign-In Name and Password Policy; Confidentiality. Use of certain portions of this Site requires both sign-in information and a password. During the registration process for this Site, BAID, an individual will use his/her email address as the Sign-In Name ("Sign-In Name") and a password ("Password") to gain access to the restricted areas of this Site. Each Sign-In Name and corresponding Password can only be used by one individual. Anyone with knowledge of both an individual's Sign-In Name and Password can gain access to the restricted portions of this Site and the information available to each user. Accordingly, User shall keep its Password confidential.

User shall promptly notify DAS SP if it becomes aware of any loss or theft of a User Password or any unauthorized use of a User Password. DAS SP reserves the right to delete or change a User Password at any time and for any reason.

All information disclosed to User in connection with its use of the Site, including, without limitation any information that relates to or involves any investment manager, separate account or fund, including information relating to an investment manager's, a separate account's or a fund's performance (collectively, "Confidential Material") is of a proprietary and confidential nature and damage to DAS SP and /or the separate accounts, funds and/or the investment managers could result if the Confidential Material is disclosed to any third party. Confidential Material shall not include material or information that User can demonstrate by written records is (i) already in the possession of or known to User, (ii) generally available to the public other than as a result of an unauthorized disclosure by User or its Representative (as defined below, or (iii) that becomes available to User from a source other than the Site or other than any other communication from DAS SP.

Except as required by law, the Confidential Material will be kept confidential by User and will not be disclosed in any manner whatsoever, except that User may disclose all or portions of the Confidential Material to its directors, officers, employees, agents, affiliates, representatives and advisors (collectively the "Representatives") who need to know such information for the purpose of evaluating an investment in any of the investment products on the Site. User shall inform its Representatives of the confidential nature of the Confidential Material and shall direct its Representatives to treat such information confidentially and otherwise to comply with the terms of this Agreement. In addition, User and its Representatives may disclose to any person who has a beneficial interest in a fund on the Site the Confidential Material with respect to such fund. User shall maintain a complete and accurate record of all persons to whom the Confidential Material is given. User shall be responsible for any breach of this Agreement by any of its Representatives and User will, at its sole expense, use its best efforts (including, but not limited to, court proceedings) to restrain its Representatives from prohibited or unauthorized disclosure or use of the Confidential Material.

User understands and agrees that money damages would not be an adequate remedy for any breach of this Agreement and that DAS SP shall be entitled to equitable relief, including injunctions and specific performance, if User or its Representatives breach or threaten to breach any provision of this Agreement. Such remedies shall not be deemed to be the exclusive remedies for a breach or threatened breach by User or its Representatives of this Agreement but shall be in addition to all other remedies available at law or equity to DAS SP. User further agrees to waive any requirement for the posting of a bond in connection with any such equitable relief. In the event of litigation relating to this Agreement, if a court of competent jurisdiction determines in a final, no appealable order that User has breached this Agreement, then User shall be liable and pay to DAS SP the reasonable legal fees DAS SP incurs in connection with such litigation, including any appeal therefrom.

Acceptance and Delivery of the DAS token

Service. We agree to publish the Distribution Smart Contract that will allow you to purchase from us, on the terms set forth herein, fully usable DAS Tokens and upon Users decision DAS token may convert into the index value which defined via link ____________________ .

Upon publication of the Distribution Smart Contract address, you may purchase DAS tokens by sending: ether (“ETH”), bitcoin (“BTC”), litecoin (“LTC”), recognized as your “license fee ” to the Distribution Smart Contract.

DAS Tokens will be purchased at a rate of 1 DAS Token per ___________________ or the equivalent amount of ETH, BTC, LTC, converted from the nearest cent in USD based on the volume-weighted average daily price of ETH, BTC, LTC as applicable, on http://cryptocompare.com/ in the 12-hour period preceding the time of purchase (the “Conversion Rate”).

Token delivery. The Company deployed Smart contract system (link _______) , which creates and maintains a ledger that maps NEM addresses to your Portfolio address (DAS index Portfolio) and provides opportunity to convert tokens DAS token into the the index value. .

Delivery Date. The Distribution Smart Contract will make DAS Tokens available to immediately upon receipt and confirmation the license fee on a the address ______________________ , subject to the verification procedures set forth in Operator’s KYC and AML policy.   

Delivery Method. If you purchased DAS tokens with ETH, the Distribution Smart Contract will make available the appropriate amount of DAS Tokens on the Ethereum address from which your ETH was sent. If you purchased DAS Tokens with BTC, LTC, or ETH , the appropriate amount of DAS Tokens will be sent to the Ethereum address provided during the purchase process.    

Liability

All implied conditions, warranties and/or representations, including but not limited to the implied conditions, warranties and/or representations of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of applicable law. Further, the DAS SP does not warrant that the Website will be uninterrupted or error free or that any defects will be corrected.

To the extent permitted by applicable law, the DAS SP expressly disclaims all liability howsoever arising whether in contract, tort (or deceit), breach of statutory duty, or otherwise (including, but not limited to, liability for any negligent acts or omissions), even if foreseeable, to any person in respect of any claims or losses of any nature, arising directly or indirectly from or in connection with: (i) anything done or the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this Website; and (ii) the use of any data or materials on this Website or unauthorised access to this Website or otherwise.

The DAS SP will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.

Advice

Information on the Website is not offered as advice on any particular matter and must not be treated as a substitute for specific advice. In particular Information on the Website does not constitute professional, financial or investment advice and must not be used as a basis for making investment decisions and is in no way intended, directly or indirectly, as an attempt to market or sell any type of financial instrument. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances.

Investment

Please note that the provision of investment services may be restricted in certain jurisdictions. You are required to acquaint yourself with any local laws and restrictions on the usage of this Website and the availability of any services described therein. The information on this Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution would be contrary to local law or regulation.

The contents of this Website do not constitute an invitation to invest in, or constitute or form a part of any offer for the sale or subscription of, or any invitation to offer to buy or subscribe for, any securities or other financial instruments, nor should it or any part of it form the basis of, or be relied upon in any connection with any contract or commitment whatsoever.

Third Party Advertising

We allow third parties to place advertisements on our Website. Third party advertisements are clearly labelled as such. The Exchange does not endorse and is not responsible for the content of any third party advertisement on this Website or otherwise.

Links to this and other Websites

You may not frame, link or deep-link this Website to any other website without our prior written consent. Should you wish to frame or to set up a link / deep-link to our Website please contact info@initialindex.com We reserve the right to withdraw such consent without notice.

The DAS SP is not responsible for any third party website or website content (including, without limitation, any advertising appearing therein) which can be accessed through this Website. The DAS SP includes links to other websites for information purposes only and makes no representation whatsoever about any such link, website or content. We will not be liable for any loss or damage that may arise from your use of such websites.

Grant of License.

This Site and the materials and information available on or through it are provided by DAS SP as a service to its users. This Agreement provides you and your firm (hereinafter, "User"), with a limited, revocable, nonexclusive, nontransferable license to use this Site conditioned on User's continued compliance with this Agreement.

User may print and download materials and information on this Site solely for its internal business use or as provided in another agreement between DAS SP and your firm, if all hard copies contain all copyright and other applicable notices contained in such materials and information.

Notwithstanding the foregoing and except as otherwise expressly permitted herein, User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, User shall not use this Site for any purpose that is unlawful or prohibited by this Agreement and shall comply with any applicable local, state, national, or international laws or regulations when using this Site.

Intellectual Property Rights. All material contained on or available through this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, DAS SP does not grant any express or implied right to User of this Site under any patent(s), copyright(s), trademark(s), or trade secret information. Accordingly, unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, patent laws, the laws of privacy and publicity, and other regulations and statutes. Please be aware that DAS SP actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Confidentiality on Internet. Use of the internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While DAS SP has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the internet cannot be guaranteed.

Site Content. The information and materials found on this Site are not an offer to sell or a solicitation of an offer to buy any security or investment product or service, nor shall any such security, product, or service be offered or sold to any person, in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. The information and materials found on this Site are directed solely at persons who are eligible to access such information and/or materials under applicable law and regulation. It is the responsibility of User to ensure that it satisfies the relevant criteria under applicable law and regulation in order to access the information and materials contained on this Site. None of the funds or investment managers named on this Site takes any responsibility for the regulatory classification of Users and/or for any reliance placed by Users on such information and/or materials. The information and materials on this site also are not a recommendation, endorsement, or solicitation for any investment manager or its services. Any securities, investments, or investment managers mentioned are not recommendations of DAS SP. All financial and investment information and materials on this Site, as well as reference materials or links to other sites, are for general educational, informational, and research purposes only, and are not intended to be relied upon for transactional or other purposes. Neither DAS SP nor any Information Provider verifies, guarantees or warrants that the information on this Site, including without limitation performance information concerning investment managers, separate accounts and/or funds, is accurate or complete or makes any warranties with regard to the results that have or may be obtained from its use. Past performance of any security or investment manager is not an indication of future performance. The information and materials found on this Site are directed solely at persons who are eligible to access such information and/or materials under applicable law and regulation. It is the responsibility of User to ensure that it satisfies the relevant criteria under applicable law and regulation in order to access the information and materials contained on this Site. None of the funds or investment managers named on this Site takes any responsibility for the regulatory classification of Users and/or for any reliance placed by Users on such information and/or materials.

Events Beyond DAS SP's or Information Provider's Control. Users expressly absolve and release DAS SP and its Information Providers from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic, computer or other mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

13. DISCLAIMERS. THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMIT MATERIAL INFORMATION. MOREOVER, DAS SP MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON.

USER ASSUMES THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE. DAS SP AND ITS INFORMATION PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL DAS SP OR ITS INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DAS SP OR SUCH INFORMATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IF SUCH ABOVE LIMITATION DOES NOT APPLY, TOTAL LIABILITY FOR DAS SP AND ITS INFORMATION PROVIDERS FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY USER TO DAS SP IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

Indemnity. User shall defend, indemnify, and hold harmless DAS SP and its Information Providers and their respective affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from User's use of the Site, any arrangements User makes based on the information available on or through the Site, and any breach by User of this Agreement or other improper act or omission

Submissions. DAS SP also welcomes feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for DAS SP to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary.

Termination. DAS SP reserves the right at any time and for any reason in its sole discretion to deny User access to the Site or any portion thereof, and to terminate the license to use the Site granted pursuant to this Agreement. Termination will be effective without notice.

Waiver. Failure to insist on strict performance of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by DAS SP of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. No waiver shall be effective unless in writing.

Admissibility. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

Governing Law

These Terms shall be governed by, and construed in accordance with, the laws of the Cayman Islands. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of the Cayman Islands over any claim or matter arising under or in connection with these Terms or the legal relationship established by them.

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