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EXTERNAL DISCLAIMER POLICY

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DISCLAIMER

YOUR USE OF THE NATIONAL DIGITAL ASSET EXCHANGE INC (HEREINAFTER, “NDAX”) WEBSITE, BLOG, APPLICATION PROGRAMMING INTERFACE CAPABILITIES, OR ANY OTHER APPLICATIONS OR SERVICES PROVIDED BY NDAX (HEREINAFTER COLLECTIVELY THE “SITE”) IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

NDAX, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS OR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES MAKE NO WARRANTY OR CONDITION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE SITE IN TERMS OF ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR OTHERWISE; THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS; OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NDAX SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NDAX, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS OR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; OR (B) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF NDAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NDAX’S AND ITS EMPLOYEE’S, OFFICER’S, DIRECTOR’S, AGENT’S, LICENSOR’S OR AFFILIATE’S, AND THEIR RESPECTIVE OFFICER’S, DIRECTOR’S AND EMPLOYEE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT OR FOR ANY REASON WHATSOEVER, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED ONE DOLLAR (CAD$1). THE LAWS OF ALBERTA AND CANADA SOLELY APPLY TO THE USE OF ANY AND ALL OF NDAX SERVICES, PRODUCTS AND/OR ITS SITE. ALL DISPUTES SHALL BE FIRSTLY DEALT WITH ACCORDING TO THE DISPUTE RESOLUTION MECHANISMS DESCRIBED IN THE NDAX USER AGREEMENT AND/ OR TERM AND CONDITIONS OR ANY OTHER POLICIES AS AMENDED FROM TIME TO TIME AND TO THE EXTENT LEGAL PROCEEDINGS ARISE SHALL BE HEARD IN THE JUDICIAL DISTRICT OF CALGARY, ALBERTA, CANADA.

INDEMNITY

IF NDAX, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS OR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES SHOULD INCUR ANY LIABILITY TO A THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR THE CONTENT, YOU AGREE TO INDEMNIFY AND HOLD NDAX, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS OR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS FROM ANY SUCH LIABILITY, ANY AND ALL CLAIMS, COSTS, DEMANDS, DAMAGES, JUDGMENTS, LOSSES, LIABILITIES, DEBTS, AND CAUSES OF ACTION IN CONNECTION THEREWITH, INCLUDING REASONABLE LAWYER’S FEES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE SITE.

This Disclaimer was last updated on October 4, 2019.

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