Common use of Allocation of Risks Clause in Contracts

Allocation of Risks. 1. The Company does not make any representations or give any warranties to the Customer with regard to the availability, quality, speed, functioning, precision, dependability, continuous operation or otherwise concerning the Customer’s use of the Service and the Service is provided “as is” and “as available”. Interruptions, disruptions and other issues with the Service or with the equipment used by the Customer may result in the loss of data by the Customer or by the Company. In no event whatsoever, will the Company be liable to the Customer for loss of data or any resulting economic loss or damage. 2. The Company does not make any representations or give any warranties that the Service conforms with any descriptions that the Company has provided, or that the Service will be free from any errors or flaws. 3. The Company does not assume any responsibility for any loss or harm that the Customer may incur with the exception of any loss or harm that results from a breach by the Company of its obligations as an Authorized Person under the Authorized Persons Regulations. Specifically, the Company will not be responsible for any loss or additional expenses (if it is not proved that the cause of these losses or additional expenses was a breach by the Company of its obligations as an Authorized Person) for any: a. Communication, system or equipment breakdown, or a technical flaw, whether complete or partial. b. Fraud or dishonesty. c. Any harm suffered by or as a result of circumstances outside the control of the Company. 4. The Company is not responsible for any loss or damage incurred by the Customer as a result of any of the dangers or risks disclosed in the internet Dangers Disclosure Statement. 5. The Company does not bear, under any circumstances, any legal responsibility to the Customer or any third party for any harm of any type resulting from the Customer’s use of the Service or the Customer’s inability to use the Service including any delay or disruption in the transmission of the Service regardless of the form of such harm whether or not the Company was notified of the possibility of the

Allocation of Risks. 1. The Company does not make any representations or give any warranties to the Customer with regard to the availability, quality, speed, functioning, precision, dependability, continuous operation or otherwise concerning the Customer’s use of the Service and the Service is provided “as is” and “as available”. Interruptions, disruptions and other issues with the Service or with the equipment used by the Customer may result in the loss of data by the Customer or by the Company. In no event whatsoever, will the Company be liable to the Customer for loss of data or any resulting economic loss or damage. 2. The Company does not make any representations or give any warranties that the Service conforms with any descriptions that the Company has provided, or that the Service will be free from any errors or flaws. 3. The Company does not assume any responsibility for any loss or harm that the Customer may incur with the exception of any loss or harm that results from a breach by the Company of its obligations as an Authorized Person under the Authorized Persons Regulations. Specifically, the Company will not be responsible for any loss or additional expenses (if it is not proved that the cause of these losses or additional expenses was a breach by the Company of its obligations as an Authorized Person) for any: a. Communication, system or equipment breakdown, or a technical flaw, whether complete or partial. b. Fraud or dishonesty. c. Any harm suffered by or as a result of circumstances outside the control of the Company. 4. The Company is not responsible for any loss or damage incurred by the Customer as a result of any of the dangers or risks disclosed in the internet Dangers Disclosure Statement. 5. The Company does not bear, under any circumstances, any legal responsibility to the Customer or any third party for any harm of any type resulting from the Customer’s use of the Service or the Customer’s inability to use the Service including any delay or disruption in the transmission of the Service regardless of the form of such harm whether or not the Company was notified of the possibility of thethe occurrence of that harm or whether it was anticipated by any other means. 6. The Company will make a reasonable effort to ensure the full operation of the Service.