Risk Disclosure
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Risk Disclosure

Digital Currency

Digital Currencies represent a speculative investment and involve a high degree of risk. Investors should have the financial ability, sophistication/experience and willingness to bear the risks of an investment. An investment in digital currencies may not suitable for all investors. Digital currencies are NOT considered securities and are NOT subject to the same regulatory requirements as SEC-registered securities, exchange traded funds, or similar investment vehicles. Potential investors should carefully consider the long term nature of an investment in digital currencies prior to making an investment decision. You should note carefully the following:

Regulatory disclosures regarding digital currencies

- Digital currency is not legal tender, is not backed by the government. Colombix does not hold any balances or accounts of any kind for its counterparties. Nonetheless, balances of digital currencies are not subject to federal deposit insurance corporation or securities investor protection corporation protections;

- Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of digital currency;

- Transactions in digital currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;

- Some digital currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the counterparty initiates the transaction;

- The value of digital currency may be derived from the continued willingness of market participants to exchange fiat currency for digital currency, which may result in the potential for permanent and total loss of value of a particular digital currency should the market for that digital currency disappear;

- Amendments – we may amend any portion of the Terms and Conditions, at any time, by posting the revised version of the Terms and Conditions with an updated revision date. The changes will become effective, and shall be deemed acceptable by you, the first time you transact with Colombix after the initial posting of the revised Terms and Conditions and shall apply only on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of our services and close your account. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment to the Terms and Conditions. If the revised Terms and Conditions includes a material change, we will provide you with prior notice via our website and/or email before the material change becomes effective. For this purpose a “material change” means a significant change other than changes that (i) are to your benefit, (ii) are required to be made to comply with applicable laws and/or regulations or as otherwise required by one of our regulators, (iii) relates to a new product or services made available to you, or (iv) to otherwise clarify an existing term.

- There is no assurance that a person who accepts a digital currency as payment today will continue to do so in the future;

- The volatility and unpredictability of the price of digital currency relative to fiat currency may result in significant loss over a short period of time;

- The nature of digital currency may lead to an increased risk of fraud or cyber-attack;

- Colombix does not hold any balances or accounts of any kind for its counterparties. Nonetheless the nature of digital currency means that any technological difficulties experienced by the Colombix may prevent the access or use of a counterparty’s digital currency; and

- Any bond or trust account maintained by Colombix may not be sufficient to cover all losses incurred by counterparties.

General terms

- Liability for unauthorized digital currency transactions will be evaluated on a case by case basis, with Colombix making the final determination. Any disagreement resulting from such a determination is subject to the arbitration clause contained herein this new applicant profile form.

- Colombix may be required to disclose information about a counterparty pursuant to a request or regular or routine inspection by a governmental agency or regulatory agency or in response to a deposition, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process.

- Colombix global trading reserves the right to terminate its relationship with a counterparty at any time and for any reason. Colombix will communicate such a decision as promptly as possible.

Restricted activities

- The following categories of activities, business practices, and sale items are barred in connection with a trading relationship with Colombix (“restricted activities”). By trading withColombix you confirm that you will not trade with Colombix in connection on your behalf, or on the behalf of a third party, with the following businesses, activities, practices, or items:

- Conducting or facilitating money-laundering or terrorist financing

- Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler’s checks, and escrow services

- Transacting counterfeit products or any product or service that infringes upon the copyright trademark, or trade secrets of any third party

Transacting stolen goods

- Transacting narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs

- Gambling activities including but not limited to sports betting, casino games, horse racing, dog racing, lotteries, games of chance, sweepstakes, games of skill that may be classified as gambling (i.e. poker), or other activities that facilitate any of the foregoing

- Extortion, blackmail, or efforts to induce unearned payments

- Unlicensed sale of firearms and certain weapons

- Engaging in deceptive marketing practices

- Defrauding Colombix by providing false, inaccurate, or misleading information

- Any business that violates any law, statute, ordinance or regulation

The above summary is not a complete list of the risks and other important disclosures involved in investing in the Products and is subject to the more complete disclosures contained in each Product’s Offering Documents, which must be reviewed carefully.

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