Bittxn EX Crowdfunding Donation Campaign Terms and Conditions
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IMPORTANT WARNING: IF YOU ARE UNDER LEGAL AGE (MINIMUM AGE OF 18 OR, IN SOME CASES, AGE OF 21, ACCORDING TO YOUR JURISDICTION), YOU ARE PROHIBITED FROM TAKING ANY PART IN THE “CROWDFUNDING DONATION CAMPAIGN” AND REQUESTED TO LEAVE THE WEBSITE AT ONCE.
IMPORTANT WARNING: IF YOU ARE NOT IN FULL CONTROL OF YOUR MENTAL POWERS, OR YOU ARE UNDER THE INFLUENCE OF ALCOHOL, PSYCHOTROPIC OR NARCOTIC SUBSTANCES, YOU ARE PROHIBITED FROM TAKING ANY PART IN THE “CROWDFUNDING DONATION CAMPAIGN” AND REQUESTED TO LEAVE THE WEBSITE AT ONCE.
IMPORTANT WARNING: DO NOT DONATE OR TAKE ANY PART IN THE “CROWDFUNDING DONATION CAMPAIGN” IF YOU ARE A CITIZEN, RESIDENT OR REPRESENTATIVE OF LEGAL ENTITY OF THE UNITED STATES OF AMERICA OR REPUBLIC OF SINGAPORE.
IMPORTANT WARNING: DO NOT DONATE OR TAKE ANY PART IN THE “CROWDFUNDING DONATION CAMPAIGN” IF YOU ARE NOT AN EXPERT IN DEALING WITH CRYPTOGRAPHIC TOKEN AND BLOCKCHAIN BASED SOFTWARE SYSTEMS. DONATIONS DURING THE “CROWDFUNDING DONATION CAMPAIGN” ARE NON-REFUNDABLE AND NO ALLOCATION OF TOKEN CAN BE ASSURED OR WARRANTED BY THE COMPANY.
BY PARTICIPATING IN THE “CROWDFUNDING DONATION CAMPAIGN” AND CONTRIBUTING TO THE COMPANY YOU EXPRESSLY ACKNOWLEDGE AND REPRESENT THAT YOU HAVE CAREFULLY AND ENTIRELY REVIEWED THE TERMS AND FULLY UNDERSTAND THE RISKS, POTENTIAL COSTS, AND BENEFITS OF CONTRIBUTING TO THE COMPANY AND YOU EXPLICITLY AGREE TO BE BOUND BY THESE TERMS
IF YOU ARE IN ANY DOUBT AS TO THE ACTION YOU SHOULD TAKE, YOU SHOULD CONSULT YOUR LEGAL, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVISOR(S).
These terms and conditions (hereinafter the “Terms”) is published on the Website being Bittxn EX constitute the legal relationship and agreement between you, a legal entity or individual person, (hereinafter – “you” or the “Donator” individually and “Donators” collectively), and the Bittxn project team (hereinafter - the “Company”), in respect of your donations (“hereinafter – the Donations”), receiving and holding the BXN Tokens (as they are described in Paragraph 3 of this Terms),and your use of the Website.
THE CROWDFUNDING DONATION CAMPAIGN
2.1. The “Crowdfunding Donation Campaign” (hereinafter-“Crowdfunding Donation Campaign” or the “CDC”) refers to the period specified on the Website, during which the Company will be receiving Donations from Donators, sent to the Company in exchange for BXN Tokens according to the current exchange rate. The main goal of the CDC is the crowdfunding for financing the Bittxn project that is more detailed specified in the White Paper of the project.
2.2. Participation in the CDC is voluntary. No person will be deemed as committed or obliged to participate in the CDC or purchase any BXN Token or visiting the Website, registering himself/herself with the Website, requesting or reading any materials (such as this Terms or the Whitepaper) made available by the Company or communicating with the Company in any manner.
2.3. By clicking the “I Accept” button or checking the checkbox presented with the Terms, you are, out of your own free will, agreeing that you are taking participation in the CDC under the Terms set forth in detail in this document and White Paper at your own risk. If you are contributing to the CDC for another entity or any third party, such as the company you work for or represent, you hereby warrant that you have legal authority to bind that entity to these Terms as set forth in this document.
2.4.By contributing to the CDC, you expressly agree to all of the Terms set forth in this document. If you do not understand or do not agree to the Terms, you should not take any part in the CDC.
3.DESCRIPTION OF LEGAL NATURE OF BXN TOKENS
3.1. BXN tokens are the cryptographic tokens that serve as a proof of participation in the CDC and gives the opportunity to obtain services and products using the BXN tokens (after the end of CDC), as described in the Whitepaper. During the CDC, the BXN Tokens are sent by the Company to the Donator’s Bittxn wallet in exchange of Donations according to the current exchange rate specified by the Company on the Website. By nature, BXN Token is NOT and shall in NO case be understood, deemed, interpreted or construed as:
(a)any kind of currency or money, whether fiat or not;
(b)equity interest, voting or non-voting securities (or its like) in, or claims , against the Company or any other entity in any jurisdiction;
(c)equity or debt investment of any kind in any venture;
(d)stocks, bonds or stocks, bonds or any securities/class of securities;
(e)any form of financial derivatives;
(f)any commercial paper or negotiable instrument;
(g)any form of investment contract between the relevant holder and any other person;
(h)any commodity or asset that any person is obliged to redeem or purchase;(i) any note, debenture, warrant or other certificate that entitles the holder to interest, dividend or any kind of return from any person.
(j) the rights under the price difference (margin) contract or any other contract whose purpose or its intended purpose is to ensure profit or avoid losses;
(k) Structural units in the collective investment mechanism / the institution of joint investment - structural units (units) in the trust unit investment fund / in the trust investment fund;
3.2. The Company might predict the growth of the BXN Token rate that could be specified in the Whitepaper, on the Website or other materials provided by the Company, or even orally. However, such prediction should not be in any way perceived as a promise for such growth, promise of profit or proposal for investment.
RISKS OF PARTICIPATION IN THE CROWDFUNDING DONATION CAMPAIGN
4.1. Participating in the CDC carries significant financial risk. This document is not, under any circumstances, a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction.
The Company believes that there are numerous risks involved in the development, maintenance and running of the Bittxn, many of which are beyond the control of the Company. Each Donator should peruse, comprehend and consider carefully the risks described below in addition to the other information stated herein before deciding to participate in the CDC. Participating in the CDC shall be an action based upon prudent decision and will be deemed as the relevant Donator having been fully aware of and agreed to take all the risks below:
- Risk of abandonment / lack of success
The creation and issue of the BXN Tokens and the development of the Bittxn may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). You therefore understand and accept that there is no warranty or assurance that, even if the Bittxn is partially or fully developed and launched, you will receive any benefits through the BXN Tokens that you hold;
- Regulatory Measures
Crypto-tokens are being, or may be, overseen by the regulatory authorities of various jurisdictions. The Company may receive queries, notices, warnings, requests or rulings from one or more regulatory authorities from time to time, or may even be ordered to suspend or discontinue any action in connection with the CDC, the Bittxn development or the BXN Tokens. The development, marketing, promotion or otherwise of the Bittxn or the CDC may be seriously affected, hindered or terminated as a result. And since regulatory policies could change from time to time, existing regulatory permission or tolerance on the Bittxn or the CDC in any jurisdiction could be just temporary. BXN Token could be defined from time to time as virtual commodity, digital asset or even securities or currency in various jurisdictions and therefore could be prohibited from being traded or held in certain jurisdictions pursuant to local regulatory requirements;
Cryptography is evolving and cannot guarantee absolute security at all times. Advances in cryptography, such as code cracking, or technical advances such as the development of quantum computers, could present risks to all cryptography-based systems including the BXN Tokens. This could result in the theft, loss, disappearance, destruction or devaluation of the BXN Tokens held by any person. To a reasonable extent, the Company will be prepared to take proactive or remedial steps to update the protocol underlying the BXN Tokens in response to any advances in cryptography and to incorporate additional reasonable security measures where appropriate. The future of cryptography or security innovations is unpredictable while the Company will try its best to accommodate the continuing changes in the domains of cryptography and security;
- Theft of Crowdfunding Donation Campaign proceeds
There may be attempts to steal the CDC proceeds received by the Company (including the fiat currency amount converted therefrom). Such a theft or attempted theft may impact the ability of the Company to fund the development of the Bittxn. While the Company will adopt cutting-edge technical solutions to keep the CDC proceeds safe, certain cyberthefts could be hardly unpreventable;
- Flaws in Source Code
Nobody can guarantee the source code of the Bittxn to be flaw-free. It may contain certain flaws, errors, defects and bugs, which may disable some functionality for users, expose users’ information or otherwise. Such flaws, if any, would compromise the usability, stability, and/or security of the Bittxn and consequently bring adverse impact on the value of BXN Tokens. Open source codes rely on transparency to promote community-sourced identification and solution of problems within the code. The Company will work closely together with the community to keep improving, optimizing and perfecting the source code of the Bittxn onwards;
- Cyber Attacks
There is a risk for cyber-attacks from time to time. Such attacks will adversely affect, stagnate or paralyze the network of the Bittxn system or related software systems, which might negatively affect the Bittxn and BXN Tokens in unpredictable way. Each Donator shall take care of the security of his/her registered email and registered account throughout by taking such actions as: (i) using a highly secure password; (ii) refraining from opening or responding to any scam emails; and (iii) keeping strictly confidential all the secret or personal information about himself/herself;
- Loss or Destruction of the Private Key of BXN Token Wallet
The loss or destruction of a private key required to access BXN Token Wallet may be irreversible. BXN Tokens are controllable only by possessing both the relevant unique public and private keys through the local or online BXN Token wallet. Each Donator is required to safeguard the private keys contained in his/her own BXN Token wallet(s). Where such private key of a Donator is lost, missing, divulged, destroyed or otherwise compromised, neither the Company nor anyone else will be able to help the Donator access or retrieve the related BXN Tokens;
- The BXN Token's depreciation and inflation
No one, including the Company, can predict with absolute accuracy where the token rate will go. The possible inflation of BXN Tokens could lead to the drop of market price, and consequently BXN Tokens holders (including the Donators) could suffer economic losses. It is not guaranteed that a Donator or BXN Token holder would be compensated or made good somehow for the BXN Token inflation;
BXN Token is not a currency issued by any individual, entity, central bank or national, supra-national or quasi-national organization, nor is it backed by any hard assets or other credit. The circulation and trading of BXN Tokens on the market are not what the Company is responsible for or pursues. Trading of BXN Tokens merely depends on the consensus on its value between the relevant market participants.
Nobody is obliged to redeem or purchase any BXN Tokens from any BXN Tokens holder (including the Donator). Nor does anyone guarantee the liquidity or market price of BXN Token to any extent at any time. To divest his/her BXN Token portfolio, a BXN Token holder would have to locate one or more willing buyers to purchase the same at a mutually agreed price, which attempt could be costly and time-consuming and does not necessarily bear fruit. And there could be no crypto-currency exchange or other marketplace having BXN Token listed thereon for trading;
- Price Volatility
Cryptographic tokens, if traded on public markets, usually have extremely volatile prices. Fluctuations in price over short periods of time frequently occur, which price may be denominated in Bitcoin, Ether, US Dollars or any other crypto or fiat currency. Such fluctuations could result from market forces (including speculations), regulatory changes, technical innovations, availability of exchanges and other objective factors and represent changes in the balance of supply and demand. The Company is not responsible for any secondary market trading of BXN Tokens, no matter whether or not there would be such markets for BXN Tokens. Therefore, the Company neither is obliged to tame the price volatility of BXN Tokens nor cares about that. The risks associated with BXN Tokens trading price have to be taken by the BXN Tokens traders themselves;
- BXN Token is not allowed for exchange before the end of rowdfunding Donation Campaign;
In addition to the risk described above, you must be aware that the BXN Token is not allowed for exchange or secondary market trading before the end of the CDC, i.e. this means that you will not have possibility to exchange or sell the BXN Token before the end of period designated by the Company on the Website, and if, ignoring this fact, you plan to do this, you should keep in mind that this is impossible;
- Use of BXN Tokens in restricted activities by third parties
Programs or websites banned or restricted in certain jurisdictions, such as gambling, betting, lottery, sweepstake, pornography and otherwise, could accept different crypto-currencies or tokens in their operation. The regulatory authorities of certain jurisdictions could accordingly take administrative or judicial actions against the very programs or websites or even the developers or users thereof. The Company neither intends nor is able to act as a censor to scrutinize to any extent any program or website that uses BXN Tokens with such goals. Therefore, any punishment, penalty, sanction, crackdown or other regulatory effort made by any governmental authority may more or less frighten or deter existing or potential users away from using and holding the BXN Tokens, and consequently bring material adverse impact on the prospect of the BXN Tokens.
- No guarantee of growth of the BXN Token rate;
The Company might predict the growth of the rate of the BXN Token that could be specified in the Whitepaper, on the Website or other materials provided by the Company, or even orally. However, such predictions could be incorrect, because they are based only on the subjective point of view of Company’s specialists and, therefore, the growth of the rate of BXN Token could not be guaranteed in any way. Taking into account that the Company do not issue and propose BXN Tokens as an object for investments or speculative trading, some Donators, on their own discretion, could decide to obtain the BXN Tokens for speculative means orienting on the Company’s predictions of growth of the rate of BXN Token. However, it could happen that the rate of BXN Token drops or remains on the same level, that might lead to Donators financial losses.
5.REPRESENTATIONS AND WARRANTIES OF THE DONATOR
5.1. By participating in the CDC, you further represent and warrant that:
a) you have a good understanding of the usage and intricacies of cryptographic token based on ETH (ERC 20 based standard), you have familiarise yourself with the smart contract (at the link available on the Website) and understand its contents;
b) you are of legal age, you are not a politically exposed person and are legally permitted to participate in the CDC and have verified that by doing so you are not violating any law in your jurisdiction and you agree and warrant that you are solely responsible if any such law or laws are violated;
c) you understand the legal nature of BXN Token, described in the Paragraph 3 of this Terms;
d) when performing the Donations, you do this by your own will, you are sane and in full control of your mental powers, you are not under the influence of alcohol, psychotropic or narcotic substances, and nobody has influence on your mind. You have all necessary rights, permissions and capacity, and equally all the rights and powers necessary and sufficient for participating the CDC, making Donations or receiving and holding BXN Tokens. You are not under the influence of delusion, deceit, violence, threat, willful arrangement;
e) you fully understand and accept all risks of participation in the CDC, described in Paragraph 4 above, under the text of the Terms or White Paper;
f) if you are a representative of a legal entity, you represent and warrant that you have obtained all necessary permissions of the regulating body of the legal entity and state authorities, if applicable and needed in your jurisdiction for participation in the CDC;
g) you waive your right to participate in a class action lawsuit or a class-wide arbitration against any person or entity involved with the CDC or with the Company;
h) you understand that the participation in the CDC carries significant financial risk, and may carry regulatory and other risks according to your jurisdiction, and that you take sole responsibility for any restrictions and risks associated with the CDC as set forth belo
i) you are not Donate or and will not exchange the BXN Token for the purpose of activities forbidden by local or international laws and regulations (including, but not exclusively – fraud, money laundering, financing of terrorism, etc.), or for any illegal purpose within your jurisdiction;
j) you understand that contributing to the CDC does not involve the purchase of shares or equivalent in any existing or future public or private company, corporation, or other entity in any jurisdiction;
k) you understand that there is no warranty whatsoever on the BXN Token, express or implied, to the extent permitted by law, and that it remains in the Company’s discretion to adopt or not to adopt the smart contract proposal and the allocation proposal of BXN Token as deployed by the Company, and that BXN Tokens are on an “as is” basis;
l) you understand that you bear the sole responsibility to determine if your Donation to the Company, the creation, use or ownership of BXN Token, the potential appreciation or depreciation in the value (if any) of the BXN Token over time, the sale and purchase of the BXN Token and/or any other action or transaction related to the Company or the BXN have tax implications for you.
m) You further agree to accept sole risk for your donation to the CDC. You also recognize and accept that the Bittxn is continuously being developed and may undergo significant changes over time subject to Company’s decisions.
n) You understand and confirm, that any statements about the growth of the rate of BXN Token are just a predictions of the potential growth, and not a promise of such growth of the rate of BXN Token,not a promise of profit and not a proposal for investment.
o) you have a deep understanding in dealing with cryptographic tokens and blockchain-based software systems;
5.2. By using the Website and participating in the CDC, you further represent the you are:
a) NOT an individual who is a resident of the United States of America or Republic of Singapore, their territories or possessions, any state of the United States of America or the District of Columbia (the “USA”) or Republic Singapore;
b) NOT a corporation, partnership or other legal entity formed under the laws of the USA or Republic of Singapore;
c) NOT an agency, branch or office, located in the USA or Republic of Singapore, of a corporation, partnership or other legal entity that was formed under laws other than those of the USA or Republic of Singapore;
d)NOT a trust of which any trustee is described in (a), (b) or (c) above;
e) NOT a legal entity (i) the shares of which are not publicly traded on a securities exchange, and (ii) more than 45% of the shares of which are owned by or for the benefit of an individual or entity described in (a), (b), (c) or (d) above;
f)NOT a member of any branch of the military of the USA or Republic of Singapore;
g) NOT an agent or a fiduciary acting on behalf or for the benefit of an individual or entity described in (a), (b), (c), (d), (e) or (f) above.
5.3. The Company reserves the right in case of violation of present Terms or under the request of respective state authorities to block the IP addresses from the USA and Republic of Singapore or any other jurisdiction.
6.APPLICABLE JURISDICTION AND DISPUTE RESOLUTION PROCEDURE
6.1. This Terms are regulated by the laws of Marshall. However, each Donator should pay particular attention to the fact that the Bittxn and BXN Tokens lie in cyberspace only without physical presence and hence do not fall within or pertain to any specific jurisdiction. It means that the CDC is initiated and takes place worldwide, is not linked to any specific jurisdiction, and the Donators may be from any jurisdiction in the world (except for USA and Republic of Singapore as specified in clause 5.2 above).
6.2. All disputes are considered by the parties by sending a written claim in electronic form by E-Mail. If the dispute is not resolved during two months from the date of its initiation parties could apply to the arbitration court according to applicablelegislation.
7.1. The Company makes no representations concerning the tax implications of participating in the CDC,making Donations,or receiving and holding BXN Tokens.
7.2. You bear the sole responsibility for determining or assessing the tax implications of your participation in the CDC, Donations or receiving and holding BXN Tokens in all respects and in any relevant jurisdiction.
7.3. By participating in the CDC, making Donations, or receiving and holding BXN Tokens, to the extent permitted by applicable law, you agree that no other party (including, without limitation the Company) may be held liable for any loss arising out of, or in any way connected to, any tax liability you may incur in connection with your participation in the CDC, Donations, or receiving and holding BXN Tokens.
8.1. If otherwise is not required by any legislation that might be applicable, the Company will not publish or disclose any identifying information relating to you without your prior written consent except the cases when such information have to be provided to state authority of any jurisdiction under official request.
8.2. Donators may be contacted by the Company regarding the CDC before, during and after the CDC.
8.3. The Company may request additional information from Donators if such information is required by applicable laws or required to provide any technical support requested by the Donator.
9. INTELLECTUAL PROPERTY
9.1 The content and information on the Website and White Paper are the property of the Company or other parties. You may not download, reproduce, or retransmit any information, other than for noncommercial individual use. The Website is to be used by the Donators only. You, the Donator, are granted a limited, nontransferable, revocable license to view and copy the information solely for personal use only.
9.2 All intellectual property rights comprised in the information, text, graphics, logos, images, audio clips, data compilations, scripts, software, technology, sound or any other materials or works found in the Website or White Paper shall vest in and remain property of the Company. You are permitted to download and print such materials from the Website for personal and non-commercial use provided that you do not breach these Terms.
10. ANTI-MONEY LAUNDERING
10.1. The Company reserves the right to conduct “Know your customer” and “Anti-Money Laundering” checks on Donators if it becomes required by the applicable laws.
10.2. The Company has the right to refuse the Donations from Donators that, according to the information available to the Company, are suspected in using the CDC with the aim of money laundering, terrorism financing or any other illegal activity. In addition, the Company has the right to use any possible efforts for preventing the money laundering and terrorism financing, such as block of the Donators BXN Token wallet, disclosing any information about such Donator to the state authorities on their request, etc.
11. FORCE MAJEURE
11.1 The Company is not liable in any way for failure to perform due to any force majeure event, such as fire, floods, earthquake, war, military actions of any kind, blockade, embargo on exports or imports, or other force majeure circumstances as they are designated in any applicable jurisdiction. By participating in the CDC, making Donations, or receiving and holding BXN Tokens, to the extent permitted by applicable law, you agree that no other party (including, without limitation the Company) may be held liable for any loss arising out of, or in any way connected to, any force majeure event.
11.2. In the case of force majeure the time stipulated for the fulfilment of the obligations under the Terms shall be extended for the period equal to that during which such circumstances and their consequences will remain in force.
12. COMPLETE AGREEMENT
12.1. These Terms together with the Whitepaper and other documents that might be published from time to time on the Website, set out the entire understanding between each Donator and the Company in relation to your participation in the CDC, Donations, or receiving and holding BXN Tokens.
12.2. To the extent this document conflicts with the Website or any other document, including but not limited to the White Paper, this document prevails.
12.2. To the extent this document conflicts with the Website or any other document, including but not limited to the White Paper, this document prevails.
12.3. To the extent that these Terms, the Whitepaper any terms and conditions that might be published from time to time on the Website conflict with translated copies, the English version prevails.
12.4. If any provision 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, which shall continue in full force and effect.
12.5. This Terms come into force from the moment of the beginning of the CDC.
12.6. The Company has the right to change any conditions of this Terms on Company’s sole discretion in any time with notification about such changes on the Website.
13. NO WAIVER
13.1. The failure of Company to require or enforce strict performance of any provision of these Terms or Company’s failure to exercise any right under these Terms shall not be construed as a waiver or relinquishment of Company’s right to assert or rely upon any such provision or right (or any other provision and/or right contained this document in its entirety, as the case may be) in that or any other instance. The express waiver by the Company 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 out in these Terms, no representations, statements, consents, waivers, or other acts or omissions by the Company shall be deemed a modification of these Terms or be legally binding.
14. LIMITATION OF LIABILITY
14.1. Usage and receiving Tokens may carry financial risk. You acknowledge and agree that the Company or its representatives will not be liable (whether in an action in negligence, contract or tort based on a warranty or otherwise) for any financial losses even if the Company or its representatives are advised of the possibility of such losses, howsoever caused as a result, directly or indirectly, of or arising from or in connection with:
(a) your participation in the CDC,Donations or receiving and holding BXN Tokens;
(b) any access, the use of, or inability to access or use, the Website;
(c) your reliance on or use of or inability to use the content and information of the Website or any linked website;
(d) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure of the Website or any linked website;
(e) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;
(f) unauthorized access to or alteration of your transmissions or data;
(g) statements or conduct of any third party on the Website; or (h) any other matter relating to the Website.
15. FORWARD LOOKING STATEMENTS
15.1 This Terms, the Website, the White Paper and any other information provided by the Company or its’ representatives in writing or orally may include forwardlooking statements. Often, but not always, forwardlooking statements can be identified by the use of words such as “believes,” “expects,” “does not expect,” “is expected,” “targets,” “outlook,” “plans,”, “eta”, “scheduled,” “estimates,” “forecasts,” “intends,” “anticipates” or “does not anticipate” or variations of such words and phrases or statements in different languages that certain actions, events or results “may,” “could,” “would,” “might” or “will” be taken, occur or be achieved. Forwardlooking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by the forwardlooking statements. Although the Company believes it has a reasonable basis for making these forwardlooking statements, you must not place undue reliance on such forwardlooking information. By its nature, forwardlooking information involves numerous assumptions, inherent risks and uncertainties, both general and specific, which contribute to the possibility that the predictions, forecasts and other forwardlooking statements will not occur.
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