Representations, Warranties and Liabilities for KXCO
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 KXCO or ANY OF THE PROJECT TEAM MEMBERS WHO HAVE WORKED ON THE KXCO PLATFORM (AS DEFINED HEREIN) OR PROJECT TO DEVELOP THE KXCO PLATFORM IN ANY WAY WHATSOEVER, ANY DISTRIBUTOR/VENDOR OF KXCO 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, THE WEBSITE AT HTTPS://KXCO.IO/ (THE WEBSITE) OR ANY OTHER WEBSITES OR MATERIALS PUBLISHED BY KXCO.
Project purpose: All contributions will be applied towards the advancing, promoting the research, design and development of innovation to benefit people around the world, focusing on the KXCO protocol. KXCO, the KXCO Holders and their respective affiliates would develop, manage and operate the KXCO Platform.
Nature of the Whitepaper: The Whitepaper and the Website are intended for general informational purposes only and do not constitute a prospectus, an offer document, an offer of securities, a solicitation for investment, or any offer to sell any product, item or asset (whether digital or otherwise). The information herein may not be exhaustive and does not imply any element of a contractual relationship. There is no assurance as to the accuracy or completeness of such information and no representation, warranty or undertaking is or purported to be provided as to the accuracy or completeness of such information. Where the Whitepaper or the Website includes information that has been obtained from third party sources, KXCO, the Distributor, their respective affiliates and/or the KXCO team have not independently verified the accuracy or completion of such information. Further, you acknowledge that circumstances may change and that the Whitepaper or the Website may become outdated as a result; and neither KXCO nor the Distributor is under any obligation to update or correct this document in connection therewith.
Token Documentation: Nothing in the Whitepaper or the Website constitutes any offer by KXCO, the Distributor or the KXCO team to sell any KXCO token (as defined herein) nor shall it or any part of it nor the fact of its presentation form the basis of, or be relied upon in connection with, any contract or investment decision. Nothing contained in the Whitepaper or the Website is or may be relied upon as a promise, representation or undertaking as to the future performance of the KXCO Platform. The agreement between the Distributor (or any third party) and you, in relation to any sale, purchase, or other distribution or transfer of KXCO tokens, is to be governed only by the separate terms and conditions of such agreement.
The information set out in the Whitepaper and the Website is for community discussion only and is not legally binding. No person is bound to enter into any contract or binding legal commitment in relation to the acquisition of KXCO token, and no virtual currency or other form of payment is to be accepted on the basis of the Whitepaper or the Website. The agreement for sale and purchase of KXCO tokens and/or continued holding of KXCO token shall be governed by a separate set of Terms and Conditions or Token Purchase Agreement (as the case may be) setting out the terms of such purchase and/or continued holding of KXCO tokens (the Terms and Conditions), which shall be separately provided to you or made available on the Website. The Terms and Conditions Documentation must be read together with the Whitepaper. In the event of any inconsistencies between the Terms and Conditions and the Whitepaper or the Website, the Terms and Conditions shall prevail.
Deemed Representations and Warranties: By accessing the Whitepaper or the Website (or any part thereof), you shall be deemed to represent and warrant to KXCO, the Distributor, their respective affiliates, and the KXCO team as follows:
in any decision to purchase any KXCO token, you have shall not rely on any statement set out in the Whitepaper or the Website;
you will and shall at your own expense ensure compliance with all laws, regulatory requirements and restrictions applicable to you (as the case may be);
you acknowledge, understand and agree that KXCO token may have no value, there is no guarantee or representation of value or liquidity for KXCO token, and KXCO token is not an investment product including for any speculative investment;
none of KXCO, the Distributor, their respective affiliates, and/or the KXCO team members shall be responsible for or liable for the value of KXCO token, the transferability and/or liquidity of KXCO token and/or the availability of any market for KXCO token through third parties or otherwise; and
you acknowledge, understand and agree that you are not eligible to purchase any KXCO token if you are a citizen, national, resident (tax or otherwise), domiciliary and/or green card holder of a geographic area or country (i) where it is likely that the sale of KXCO token would be construed as the sale of an unregistered security (howsoever named), financial service or investment product and/or (ii) where participation in token sales is prohibited by applicable law, decree, regulation, treaty, or administrative act; and to this effect you agree to provide all such identify verification document when requested in order for the relevant checks to be carried out.
KXCO, the Distributor and the KXCO team do not and do not purport to make, and hereby disclaims, all representations, warranties or undertaking to any entity or person (including without limitation warranties as to the accuracy, completeness, timeliness or reliability of the contents of the Whitepaper or the Website, or any other materials published by KXCO or the Distributor). To the maximum extent permitted by law, KXCO, the Distributor, their respective affiliates and service providers shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including, without limitation, any liability arising from default or negligence on the part of any of them, or any loss of revenue, income or profits, and loss of use or data) arising from the use of the Whitepaper or the Website, or any other materials published, or its contents (including without limitation any errors or omissions) or otherwise arising in connection with the same. Prospective purchasers of KXCO token should carefully consider and evaluate all risks and uncertainties (including financial and legal risks and uncertainties) associated with the KXCO token sale, KXCO, the Distributor and the KXCO team.
Token features: The native digital cryptographically-secured utility token of the KXCO Platform (KXCO token) is a transferable representation of attributed functions specified in the protocol/code of the KXCO Platform, designed to play a major role in the functioning of the ecosystem on the KXCO Platform, and intended to be used solely as the primary token on the platform. KXCO token is a non-refundable functional utility token which will be used as the medium of exchange between participants on the KXCO Platform. The goal of introducing KXCO token is to provide a convenient and secure mode of payment and settlement between participants who interact within the ecosystem on the KXCO Platform, and it is not, and not intended to be, a medium of exchange accepted by the public (or a section of the public) as payment for goods or services or for the discharge of a debt; nor is it designed or intended to be used by any person as payment for any goods or services whatsoever that are not exclusively provided by the issuer. KXCO token does represent aa shareholding, participation, right, title, interest in KXCO, the Distributor, their respective affiliates, or any other company, enterprise or undertaking, KXCO token holders will generate dividends, revenue, profits and investment returns, and are taking steps to be compliant in relevant jurisdictions although you may be investing prior to that and if so you do so aware of those facts and at your own risk understanding fully the ramifications of such action, by doing so you are willfully and willingly waiving any such rights.
The KXCO token enables the coordination of all participants who wish to contribute, vote and participate the way KXCO operate the network plus it enables new behaviors among the applications which are built on top of that network, by providing the economic incentives which will be consumed to encourage participants to contribute and maintain the ecosystem on the KXCO Platform.
KXCO token would have the following features:
help determine how resources are allocated and where its future technical, financial and philosophical direction will go by participating in governance
Disclaimers relating to the KXCO token: It is expressly highlighted that KXCO token:
does not have any tangible or physical manifestation, and does not have any intrinsic value (nor does any person make any representation or give any commitment as to its value);
is non-refundable and cannot be exchanged for cash (or its equivalent value in any other virtual currency) or any payment obligation by KXCO, the Distributor or any of their respective affiliates;
is not a loan to KXCO, the Distributor or any of their respective affiliates, is not intended to represent a debt owed by KXCO, the Distributor or any of their respective affiliates, and there is no expectation of profit; and
Informational purposes only: The information set out herein is only conceptual, and describes the future development goals for the KXCO Platform to be developed. In particular, the project roadmap in the Whitepaper is being shared in order to outline some of the plans of the KXCO team, and is provided solely for INFORMATIONAL PURPOSES and does not constitute any binding commitment. Please do not rely on this information in making purchasing decisions because ultimately, the development, release, and timing of any products, features or functionality remains at the sole discretion of KXCO, the Distributor or their respective affiliates, and is subject to change. Further, the Whitepaper or the Website may be amended or replaced from time to time. There are no obligations to update the Whitepaper or the Website, or to provide recipients with access to any information beyond what is provided herein.
Regulatory approval: No regulatory authority has examined or approved, whether formally or informally, of any of the information set out in the Whitepaper or the Website. No such action or assurance has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction. The publication, distribution or dissemination of the Whitepaper or the Website does not imply that the applicable laws, regulatory requirements or rules have been complied with.
Cautionary Note on forward-looking statements: All statements contained herein, statements made in press releases or in any place accessible by the public and oral statements that may be made by KXCO, the Distributor and/or the KXCO team, may constitute forward-looking statements (including statements regarding intent, belief or current expectations with respect to market conditions, business strategy and plans, financial condition, specific provisions and risk management practices). You are cautioned not to place undue reliance on these forward-looking statements given that these statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results to be materially different from that described by such forward-looking statements, and no independent third party has reviewed the reasonableness of any such statements or assumptions. These forward-looking statements are applicable only as of the date indicated in the Whitepaper, and KXCO, the Distributor as well as the KXCO team expressly disclaim any responsibility (whether express or implied) to release any revisions to these forward-looking statements to reflect events after such date.
References to companies and platforms: The use of any company and/or platform names or trademarks herein (save for those which relate to KXCO, the Distributor or their respective affiliates) does not imply any affiliation with, or endorsement by, any third party. References in the Whitepaper or the Website to specific companies and platforms are for illustrative purposes only.
English language: The Whitepaper 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 Whitepaper or the Website, the English language versions shall prevail. You acknowledge that you have read and understood the English language version of the Whitepaper and the Website.
No Distribution: No part of the Whitepaper or the Website is to be copied, reproduced, distributed or disseminated in any way without the prior written consent of KXCO or the Distributor. By attending any presentation on this Whitepaper or by accepting any hard or soft copy of the Whitepaper, you agree to be bound by the foregoing limitations.