Common use of Acknowledgement of Risks Clause in Contracts

Acknowledgement of Risks. Client hereby acknowledges, that: (i) Digital Assets are not legal tender, are not backed by any government, and are not subject to protections afforded by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation; (ii) Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of Digital Assets; (iii) transactions in Digital Assets are irreversible, and, accordingly, Digital Assets lost due to fraudulent or accidental transactions may not be recoverable; (iv) certain Digital Assets transactions will be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Client initiates the transaction or such transaction enters the pool; (v) the value of Digital Assets may be derived from the continued willingness of market participants to exchange any government issued currency (“Fiat Currency”) for Digital Assets, which may result in the permanent and total loss of value of a Digital Asset should the market for that Digital Asset disappear; (vi) the volatility of the value of Digital Assets relative to Fiat Currency may result in significant losses; (vii) Digital Assets may be susceptible to an increased risk of fraud or cyber-attack; (viii) the nature of Digital Assets means that any technological difficulties experienced by a Coinbase Entity may prevent the access or use of Client Digital Assets; and (ix) any bond or trust account maintained by Coinbase Entities for the benefit of its customers may not be sufficient to cover all losses (including Losses) incurred by customers.

Appears in 15 contracts

Samples: Coinbase Prime Broker Agreement (21Shares Core Ethereum ETF), Coinbase Prime Broker Agreement (Franklin Ethereum Trust), Coinbase Prime Broker Agreement (Grayscale Ethereum Trust (ETH))

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Acknowledgement of Risks. Client hereby acknowledges, that: (i) Digital Assets are not legal tender, are not backed by any government, and are not subject to protections afforded by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation; (ii) Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of Digital Assets; (iii) transactions in Digital Assets are irreversible, and, accordingly, Digital Assets lost due to fraudulent or accidental transactions may not be recoverable; (iv) certain Digital Assets transactions will be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Client initiates the transaction or such transaction enters the pool; (v) the value of Digital Assets may be derived from the continued willingness of market participants to exchange any government issued currency (“Fiat Currency”) for Digital Assets, which may result in the permanent and total loss of value of a Digital Asset should the market for that Digital Asset disappear; (vi) the volatility of the value of Digital Assets relative to Fiat Currency may result in significant losses; (vii) Digital Assets may be susceptible to an increased risk of riskof fraud or cyber-attack; (viii) the nature of Digital Assets means that any technological difficulties experienced by a Coinbase Entity may prevent the access or use of Client Digital Assets; and (ix) any bond or trust account maintained by Coinbase Entities for the benefit of its customers may not be sufficient to cover all losses (including Losses) incurred by customers.

Appears in 5 contracts

Samples: Coinbase Prime Broker Agreement (Bitwise Ethereum ETF), Coinbase Prime Broker Agreement (Bitwise Bitcoin ETF), Coinbase Prime Broker Agreement (Bitwise Bitcoin ETF)

Acknowledgement of Risks. Subject to the other provisions of this Coinbase Prime Broker Agreement, including without limitation Addendum No. 2, Client hereby acknowledges, acknowledges that: (i) Digital Assets are not legal tender, are not backed by any government, and are not subject to protections afforded by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation; (ii) Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of Digital Assets; (iii) transactions in Digital Assets are irreversible, and, accordingly, Digital Assets lost due to fraudulent or accidental transactions may not be recoverable; (iv) subject to the provisions herein, certain Digital Assets transactions will be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Client initiates the transaction or such transaction enters the pool; (v) the value of Digital Assets may be derived from the continued willingness of market participants to exchange any government issued currency (“Fiat Currency”) for Digital Assets, which may result in the permanent and total loss of value of a Digital Asset should the market for that Digital Asset disappear; (vi) the volatility of the value of Digital Assets relative to Fiat Currency may result in significant losses; (vii) subject to the obligations of the Coinbase Entities hereunder and under applicable laws, regulations and rules, Digital Assets may be susceptible to an increased risk of fraud or cyber-attack; (viii) subject to the obligations of the Coinbase Entities hereunder and under applicable laws, regulations and rules, the nature of Digital Assets means that any technological difficulties experienced by a Coinbase Entity may prevent the access or use of Client Digital Assets; and (ix) subject to the obligations of the Coinbase Entities hereunder and under applicable laws, regulations and rules, any bond or trust account maintained by Coinbase Entities for the benefit of its customers may not be sufficient to cover all losses (including Losses) incurred by customers.

Appears in 3 contracts

Samples: Coinbase Prime Broker Agreement (iShares Bitcoin Trust ETF), Coinbase Prime Broker Agreement (iShares Ethereum Trust), Coinbase Prime Broker Agreement (iShares Bitcoin Trust)

Acknowledgement of Risks. Coinbase hereby notifies Client, and Client hereby acknowledges, that: (i) : 23.1 Digital Assets are not legal tender, are not backed by any the government, and are not subject to protections afforded by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation; (ii) Corporation protections; 23.2 Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of Digital Assets; (iii) transactions ; 23.3 Transactions in Digital Assets are may be irreversible, and, accordingly, Digital Assets lost due to fraudulent or accidental transactions may not be recoverable; (iv) certain ; 23.4 Some Digital Assets transactions will shall be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Client initiates the transaction or such transaction enters the pool; (v) the transaction; 23.5 The value of Digital Assets may be derived from the continued willingness of market participants to exchange any government issued currency (“Fiat Currency”) for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear; (vi) ; 23.6 There is no assurance that a person who accepts a Digital Asset as payment today will continue to do so in the future; 23.7 The volatility and unpredictability of the value price of Digital Assets relative to Fiat Currency may result in significant losses; (vii) loss over a short period of time; 23.8 The nature of Digital Assets may be susceptible lead to an increased risk of fraud or cyber-attack; (viii) the ; 23.9 The nature of Digital Assets means that any technological difficulties experienced by a Coinbase Entity may prevent the access or use of Client Client’s Digital Assets; and (ix) any and 23.10 Any bond or trust account maintained by Coinbase Entities for the benefit of its customers may not be sufficient to cover all losses (including Losses) incurred by customers.

Appears in 3 contracts

Samples: Coinbase Prime Broker Agreement (Invesco Galaxy Ethereum ETF), Coinbase Prime Broker Agreement (Invesco Galaxy Bitcoin ETF), Coinbase Prime Broker Agreement (Invesco Galaxy Bitcoin ETF)

Acknowledgement of Risks. Subject to the terms of this Coinbase Prime Broker Agreement, Client hereby acknowledges, acknowledges that: (i) Digital Assets are not legal tender, are not backed by any government, and are not subject to protections afforded by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation; (ii) Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of Digital Assets; (iii) transactions in Digital Assets are irreversible, and, accordingly, Digital Assets lost due to fraudulent or accidental transactions may not be recoverable; (iv) certain Digital Assets transactions will be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Client initiates the transaction or such transaction enters the pool; (v) the value of Digital Assets may be derived from the continued willingness of market participants to exchange any government issued currency (“Fiat Currency”) for Digital Assets, which may result in the permanent and total loss of value of a Digital Asset should the market for that Digital Asset disappear; (vi) the volatility of the value of Digital Assets relative to Fiat Currency may result in significant losses; (vii) Digital Assets may be susceptible to an increased risk of fraud or cyber-attack; (viii) the nature of Digital Assets means that any technological difficulties experienced by a Coinbase Entity may prevent the access or use of Client Digital Assets; and (ix) any bond or trust account maintained by Coinbase Entities for the benefit of its customers may not be sufficient to cover all losses (including Losses) incurred by customers.

Appears in 2 contracts

Samples: Coinbase Prime Broker Agreement (VanEck Bitcoin Trust), Coinbase Prime Broker Agreement (VanEck Ethereum Trust)

Acknowledgement of Risks. Subject to the other provisions of this Coinbase Prime Broker Agreement, including without limitation Addendum No. 1, Client hereby acknowledges, acknowledges that: (i) Digital Assets are not legal tender, are not backed by any government, and are not subject to protections afforded by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation; (ii) Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of Digital Assets; (iii) transactions in Digital Assets are irreversible, and, accordingly, Digital Assets lost due to fraudulent or accidental transactions may not be recoverable; (iv) subject to the provisions herein, certain Digital Assets transactions will be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Client initiates the transaction or such transaction enters the pool; (v) the value of Digital Assets may be derived from the continued willingness of market participants to exchange any government issued currency (“Fiat Currency”) for Digital Assets, which may result in the permanent and total loss of value of a Digital Asset should the market for that Digital Asset disappear; (vi) the volatility of the value of Digital Assets relative to Fiat Currency may result in significant losses; (vii) subject to the obligations of the Coinbase Entities hereunder and under applicable laws, regulations and rules, Digital Assets may be susceptible to an increased risk of fraud or cyber-attack; (viii) subject to the obligations of the Coinbase Entities hereunder and under applicable laws, regulations and rules, the nature of Digital Assets means that any technological difficulties experienced by a Coinbase Entity may prevent the access or use of Client Digital Assets; and (ix) subject to the obligations of the Coinbase Entities hereunder and under applicable laws, regulations and rules, any bond or trust account maintained by Coinbase Entities for the benefit of its customers may not be sufficient to cover all losses (including Losses) incurred by customers.

Appears in 2 contracts

Samples: Coinbase Prime Broker Agreement (iShares Bitcoin Trust), Coinbase Prime Broker Agreement (iShares Bitcoin Trust)

Acknowledgement of Risks. Client hereby acknowledges, that: (i) Digital Assets are not legal tender, are not backed by any government, and are not subject to protections afforded by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation; (ii) Legislative legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of Digital Assets; (iii) transactions in Digital Assets are irreversible, and, accordingly, Digital Assets lost due to fraudulent or accidental transactions may not be recoverable; (iv) certain Digital Assets transactions will be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Client initiates the transaction or such transaction enters the pool; (v) the value of Digital Assets may be derived from the continued willingness of market participants to exchange any government issued currency (“Fiat Currency”) for Digital Assets, which may result in the permanent and total loss of value of a Digital Asset should the market for that Digital Asset disappear; (vi) the volatility of the value of Digital Assets relative to Fiat Currency may result in significant losses; (vii) Digital Assets may be susceptible to an increased risk of fraud or cyber-attack; (viii) the nature of Digital Assets means that any technological difficulties experienced by a Coinbase Entity may prevent the access or use of Client Digital Assets; and (ix) any bond or trust account maintained by Coinbase Entities for the benefit of its customers may not be sufficient to cover all losses (including Losses) incurred by customers.

Appears in 1 contract

Samples: Master Agreement (WisdomTree Bitcoin Fund)

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Acknowledgement of Risks. Client hereby acknowledges, that: (i) Digital Assets are not legal tender, are not backed by any government, and are not subject to protections afforded by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation; (ii) Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of Digital Assets; (iii) transactions in Digital Assets are irreversible, and, accordingly, Digital Assets lost due to fraudulent or accidental transactions may not be recoverable; (iv) certain Digital Assets transactions will be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Client initiates the transaction or such transaction enters the pool; (v) the value of Digital Assets may be derived from the continued willingness of market participants to exchange any government issued currency (“Fiat Currency”) for Digital Assets, which may result in the permanent and total loss of value of a Digital Asset should the market for that Digital Asset disappear; (vi) the volatility of the value of Digital Assets relative to Fiat Currency may result in significant losses; (vii) Digital Assets may be susceptible to an increased risk of fraud or cyber-attack; (viii) the nature of Digital Assets means that any technological difficulties experienced by a Coinbase Entity may prevent the access or use of Client Digital Assets; and (ix) any bond or trust account maintained by Coinbase Entities for the benefit of its customers may not be sufficient to cover all losses (including Losses) incurred by customers.. Coinbase 2023 12

Appears in 1 contract

Samples: Coinbase Prime Broker Agreement (Grayscale Ethereum Mini Trust (ETH))

Acknowledgement of Risks. Client hereby acknowledges, that: : (i) Digital Assets are not legal tender, are not backed by any governmentgovernment or government agency, and the Vault Account and the Trading Account are not subject to protections afforded by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation; Corporation protections; (ii) Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect (1) the use, transfer, exchange, and/or and value of Digital Assets or (2) Coinbase’s ability or willingness to support one or more Digital Assets; ; (iii) transactions Transactions in Digital Assets are irreversible, and, accordingly, Digital Assets lost due to fraudulent or accidental transactions may not be recoverable; ; (iv) certain Certain Digital Assets Asset transactions will be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Client initiates the transaction or such transaction enters the pool; ; (v) the The value of Digital Assets may be derived from the continued willingness of market participants to exchange any government issued fiat currency (“Fiat Currency”) for Digital Assets, which may result in the permanent and total loss of value of a Digital Asset should the market for that Digital Asset disappear; ; (vi) There is no assurance that a person or entity who accepts a Digital Assets as payment today will continue to do so in the future; (vii) The volatility and unpredictability of the value price of Digital Assets relative to Fiat Currency fiat currency may result in significant losses; losses over a short period of time; (viiviii) The nature of Digital Assets may be susceptible lead to an increased risk of fraud or cyber-attack; ; (viiiix) the The nature of Digital Assets means that any technological difficulties experienced by a Coinbase Entity may prevent the access to or use of Client Digital Assets; and and (ixx) any Any bond or trust account maintained by Coinbase Entities for the benefit of its customers may not be sufficient to cover all losses (including Losses) incurred by customers.

Appears in 1 contract

Samples: Coinbase Prime Broker Agreement (Semler Scientific, Inc.)

Acknowledgement of Risks. Client hereby acknowledges, that: : (i) Digital Assets are not legal tender, are not backed by any governmentgovernment or government agency, and the Vault Account and the Trading Account are not subject to protections afforded by the Federal Deposit Insurance Corporation or Securities Investor Protection Corporation; Corporation protections; (ii) Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect (1) the use, transfer, exchange, and/or and value of Digital Assets or (2) Coinbase’s ability or willingness to support one or more Digital Assets; ; (iii) transactions Transactions in Digital Assets are irreversible, and, accordingly, Digital Assets lost due to fraudulent or accidental transactions may not be recoverable; ; (iv) certain Certain Digital Assets Asset transactions will be deemed to be made when recorded on a public blockchain ledger, which is not necessarily the date or time that Client initiates the transaction or such transaction enters the pool; ; (v) the The value of Digital Assets may be derived from the continued willingness of market participants to exchange any government issued fiat currency (“Fiat Currency”) for Digital Assets, which may result in the permanent and total loss of value of a Digital Asset should the market for that Digital Asset disappear; ; (vi) There is no assurance that a person or entity who accepts a Digital Assets as payment today will continue to do so in the future; (vii) The volatility and unpredictability of the value price of Digital Assets relative to Fiat Currency fiat currency may result in significant losses; losses over a short period of time; (viiviii) The nature of Digital Assets may be susceptible lead to an increased risk of fraud or cyber-attack; ; (viiiix) the The nature of Digital Assets means that any technological difficulties experienced by a Coinbase Entity may prevent the access to or use of Client Digital Assets; and and (ixx) any Any bond or trust account maintained by Coinbase Entities for the benefit of its customers may not be sufficient to cover all losses (including Losses) incurred by customers.

Appears in 1 contract

Samples: Prime Broker Agreement (Riot Platforms, Inc.)

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