Common use of Forks Clause in Contracts

Forks. The underlying protocols are subject to sudden changes in operating rules, and third parties may from time to time create a copy of a cryptocurrency network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version of a cryptocurrency (“Forked Assets”). You understand and acknowledge that Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Apex Crypto, and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may depend on third-parties that are outside of our control. You understand and acknowledge that Forks may materially affect the value, function, and/or even the name of the cryptocurrencies you store in your Hosted Wallet(s). In the event of a Fork, you understand and acknowledge that Apex Crypto may temporarily suspend the Services (with or without advance notice to you) while we determine, at our sole discretion, which Forked Network(s) to support. YOU ACKNOWLEDGE AND HEREBY AGREE THAT APEX CRYPTO MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK AND THAT YOU HAVE NO RIGHT, CLAIM, OR OTHER PRIVILEGE TO FORKED ASSETS ON SUCH UNSUPPORTED FORKED NETWORK. YOU HEREBY FURTHER AGREE THAT APEX CRYPTO MAY, IN OUR SOLE DISCRETION, DETERMINE THE APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF THE SERVICES. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT APEX CRYPTO IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU.

Forks. The underlying protocols are subject to sudden changes in operating rules, and third parties may from time to time create a copy of a cryptocurrency network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version of a cryptocurrency (“Forked Assets”). You understand and acknowledge that Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Apex Crypto, and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may depend on third-parties that are outside of our control. You understand and acknowledge that Forks may materially affect the value, function, and/or even the name of the cryptocurrencies you store in your Hosted Wallet(s). In the event of a Fork, you understand and acknowledge that Apex Crypto may temporarily suspend the Services (with or without advance notice to you) while we determine, at our sole discretion, which Forked Network(s) to support. YOU ACKNOWLEDGE AND HEREBY XXXXXX AGREE THAT APEX CRYPTO MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK AND THAT YOU HAVE NO RIGHT, CLAIM, OR OTHER PRIVILEGE TO FORKED ASSETS ON SUCH UNSUPPORTED FORKED NETWORK. YOU HEREBY FURTHER AGREE THAT APEX CRYPTO MAY, IN OUR SOLE DISCRETION, DETERMINE THE APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF THE SERVICES. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT APEX CRYPTO IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU.

Forks. The underlying protocols are subject to sudden changes in operating rules, and third parties may from time to time create a copy of a cryptocurrency network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version of a cryptocurrency (“Forked Assets”). You understand and acknowledge that Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Apex CryptoCurrency Com, and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may depend on third-parties that are outside of our control. You understand and acknowledge that Forks may materially affect the value, function, and/or even the name of the cryptocurrencies you store in your Hosted Wallet(s). In the event of a Fork, you understand and acknowledge that Apex Crypto Currency Com may temporarily suspend the Services (with or without advance notice to you) while we determine, at our sole discretion, which Forked Network(s) to support. YOU ACKNOWLEDGE AND HEREBY XXXXXX AGREE THAT APEX CRYPTO CURRENCY COM MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK AND THAT YOU HAVE NO RIGHT, CLAIM, OR OTHER PRIVILEGE TO FORKED ASSETS ASSET ON SUCH UNSUPPORTED FORKED NETWORK. YOU HEREBY FURTHER AGREE THAT APEX CRYPTO CURRENCY COM MAY, IN OUR SOLE DISCRETION, DETERMINE THE APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF THE SERVICES. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT APEX CRYPTO CURRENCY COM IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU.

Forks. The underlying protocols are subject to sudden changes in operating rules, and third parties may from time to time create a copy of a cryptocurrency network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version of a cryptocurrency (“Forked Assets”). You understand and acknowledge that Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Apex Bakkt Crypto, and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may depend on third-parties that are outside of our control. You understand and acknowledge that Forks may materially affect the value, function, and/or even the name of the cryptocurrencies you store in your Hosted Wallet(s). In the event of a Fork, you understand and acknowledge that Apex Bakkt Crypto may temporarily suspend the Services (with or without advance notice to you) while we determine, at our sole discretion, which Forked Network(s) to support. YOU ACKNOWLEDGE AND HEREBY XXXXXX AGREE THAT APEX BAKKT CRYPTO MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK AND THAT YOU HAVE NO RIGHT, CLAIM, OR OTHER PRIVILEGE TO FORKED ASSETS ON SUCH UNSUPPORTED FORKED NETWORK. YOU HEREBY FURTHER AGREE THAT APEX BAKKT CRYPTO MAY, IN OUR SOLE DISCRETION, DETERMINE THE APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF THE SERVICES. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT APEX BAKKT CRYPTO IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU.

Forks. The i. Customer agrees and understands that the underlying protocols of Supported Networks are subject to sudden changes in operating rules, and third parties may from time to time create a copy of a cryptocurrency network and implement changes in operating rules or other features (“Forks”) Forks that may result in more than one version of a network (each, a “Forked Network”) and more than one version Gemini holding a specified amount of a cryptocurrency (“Digital Assets associated with each Forked Assets”)Network. You understand Customer further agrees and acknowledge that Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Apex Crypto, and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may depend on third-parties that are outside of our control. You understand and acknowledge understands that Forks may materially affect the value, function, and/or even the name of the cryptocurrencies you store in your Hosted Wallet(s)Assets it holds on Gemini. ii. In the event of a Fork, you understand Customer agrees and acknowledge understands that Apex Crypto Gemini may temporarily suspend the Services operations of Gemini (with or without advance notice, which may be provided by public notice to youits customers on its website or by other means) while we determineGemini chooses, at our in its sole discretion, except as described herein, which Forked Network(s) Networks to support. YOU ACKNOWLEDGE Once Gemini has chosen which Forked Network to support, it will promptly make such notification public on its website or by other means. Customer agrees and understands that in Xxxxxx’s best estimation it is unlikely to support most Forked Networks and that the Digital Assets of most Forked Networks will likely not be made available to Customer. iii. DIGITAL ASSET VALUES CAN FLUCTUATE SUBSTANTIALLY, INCLUDING DUE TO CHANGES IN DIGITAL ASSET PROTOCOLS AND HEREBY AGREE THAT APEX CRYPTO NETWORKS WHICH MAY DETERMINE, RESULT IN OUR SOLE DISCRETION, NOT A TOTAL LOSS OF THE VALUE OF DIGITAL ASSETS HELD BY GEMINI ON CUSTOMER’S BEHALF. THE SUPPLY OF DIGITAL ASSETS AVAILABLE TO SUPPORT GEMINI TO PROVIDE TO CUSTOMER AS A RESULT OF A FORKED NETWORK AND GEMINI’S ABILITY TO DELIVER DIGITAL ASSETS RESULTING FROM A FORKED NETWORK MAY DEPEND ON THIRD PARTY PROVIDERS THAT YOU HAVE NO RIGHTARE OUTSIDE OF GEMINI’S CONTROL. GEMINI DOES NOT OWN OR CONTROL ANY OF THE PROTOCOLS THAT ARE USED IN CONNECTION WITH DIGITAL ASSETS AND THEIR RELATED DIGITAL ASSET NETWORKS, CLAIM, OR OTHER PRIVILEGE TO FORKED ASSETS ON SUCH UNSUPPORTED INCLUDING THOSE RESULTING FROM A FORKED NETWORK. YOU HEREBY FURTHER AGREE THAT APEX CRYPTO MAYACCORDINGLY, IN OUR SOLE DISCRETION, DETERMINE THE APPROACH GEMINI DISCLAIMS ALL LIABILITY RELATING TO SUCH PROTOCOLS AND ANY CHANGE IN THE VALUE OF ANY DIGITAL ASSETS (WHETHER OF A FORKED ASSETSNETWORK OR OTHERWISE) INCLUDING IF SUCH CHANGE IS CAUSED BY A CHANGE IN SUCH PROTOCOLS OR NETWORKS, WHICH MAY INCLUDE ABANDONING AND GEMINI MAKES NO GUARANTEES REGARDING THE SECURITY, FUNCTIONALITY, OR OTHERWISE ELECTING NOT TO SUPPORT AVAILABILITY OF SUCH FORKED ASSETS AS PART OF PROTOCOLS OR DIGITAL ASSET NETWORKS. CUSTOMER ACCEPTS THE SERVICES. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT APEX CRYPTO IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOURISKS ASSOCIATED WITH CHANGES IN DIGITAL ASSET PROTOCOLS OR NETWORKS, INCLUDING FORKS.

Forks. The underlying blockchain network protocols are subject to sudden changes in operating rules, and third third-parties may from time to time create a copy of a cryptocurrency network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version of a cryptocurrency (“Forked Assets”). You understand and acknowledge that the creation of Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Apex CryptoAnchor, and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may likely depend on third-parties that are outside of our control. You understand and acknowledge that Forks may materially affect the value, function, and/or even the name of the cryptocurrencies you store in your Hosted Wallet(s). In the event of a Fork, you understand and acknowledge that Apex Crypto Anchor may temporarily suspend the Services (with or without advance notice to you) while we determine, at our sole discretion, which Forked Network(s) to support. YOU ACKNOWLEDGE AND HEREBY XXXXXX AGREE THAT APEX CRYPTO ANCHOR MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK AND THAT YOU HAVE NO RIGHT, CLAIM, OR OTHER PRIVILEGE TO FORKED ASSETS ON SUCH UNSUPPORTED FORKED NETWORK. YOU HEREBY FURTHER AGREE THAT APEX CRYPTO ANCHOR MAY, IN OUR SOLE DISCRETION, DETERMINE THE APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF THE SERVICES. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT APEX CRYPTO ANCHOR IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU.

Forks. The underlying network protocols are subject to sudden changes in operating rules, and third parties may from time to time create a copy of a cryptocurrency digital asset network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version of a cryptocurrency digital asset (“Forked Assets”). You understand and acknowledge that Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Apex CryptoDefiLabs, and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may depend on third-third parties that are outside of our DefiLabs’ control. You understand and acknowledge that Forks may materially affect the value, function, and/or and even the name of the cryptocurrencies you store in digital assets associated with your Hosted Wallet(s)DefiLabs Account. In the event of a Fork, you understand and acknowledge that Apex Crypto DefiLabs may temporarily suspend certain services on the Services website (with or without advance notice to you) while we determine, at our sole discretion, which Forked Network(s) to support. YOU ACKNOWLEDGE DEFILABS IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND HEREBY AGREE THAT APEX CRYPTO MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU. DEFILABS MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK AND THAT YOU XXXXXXX.XXX HAVE NO RIGHT, CLAIM, OR OTHER PRIVILEGE AGAINST DEFILABS TO FORKED ASSETS ON SUCH UNSUPPORTED FORKED NETWORK. YOU HEREBY FURTHER AGREE THAT APEX CRYPTO DEFILABS MAY, IN OUR SOLE DISCRETION, DETERMINE THE OUR APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF THE OUR SERVICES. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT APEX CRYPTO IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU.

Forks. The You agree and understand that the underlying protocols of Supported Networks are subject to sudden changes in operating rules, and third parties may from time to time create a copy of a cryptocurrency network and implement changes in operating rules or other features (each a “ForksFork”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version us holding a specified amount of a cryptocurrency (“Digital Assets associated with each Forked Assets”)Network. You further agree and understand and acknowledge that Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Apex Crypto, and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may depend on third-parties that are outside of our control. You understand and acknowledge that Forks may materially affect the value, function, and/or even the name of the cryptocurrencies Digital Assets you store in your Hosted Wallet(s)hold on EX+. In the event of a Fork, you agree and understand and acknowledge that Apex Crypto we may temporarily suspend the Services operations of EX+ (with or without advance notice to you) while we determinechoose, at in our sole discretion, except as described herein, which Forked Network(s) Networks to support. You agree and understand that in our best estimation we are unlikely to support most Forked Networks and that the Digital Assets of most Forked Networks will likely not be made available to you. DIGITAL ASSET VALUES CAN FLUCTUATE SUBSTANTIALLY WHICH MAY RESULT IN A TOTAL LOSS OF THE VALUE OF DIGITAL ASSETS HELD BY US ON YOUR BEHALF. THE SUPPLY OF DIGITAL ASSETS AVAILABLE TO US TO PROVIDE TO YOU ACKNOWLEDGE AND HEREBY AGREE THAT APEX CRYPTO MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT AS A RESULT OF A FORKED NETWORK AND OUR ABILITY TO DELIVER DIGITAL ASSETS RESULTING FROM A FORKED NETWORK MAY DEPEND ON THIRD PARTY PROVIDERS THAT YOU HAVE NO RIGHTARE OUTSIDE OF OUR CONTROL. WE DO NOT OWN OR CONTROL ANY OF THE PROTOCOLS THAT ARE USED IN CONNECTION WITH DIGITAL ASSETS AND THEIR RELATED DIGITAL ASSET NETWORKS, CLAIM, OR OTHER PRIVILEGE TO FORKED ASSETS ON SUCH UNSUPPORTED INCLUDING THOSE RESULTING FROM A FORKED NETWORK. ACCORDINGLY, WE DISCLAIM ALL LIABILITY RELATING TO SUCH PROTOCOLS AND ANY CHANGE IN THE VALUE OF ANY DIGITAL ASSETS (WHETHER OF A FORKED NETWORK OR OTHERWISE), AND WE MAKE NO GUARANTEES REGARDING THE SECURITY, FUNCTIONALITY, OR AVAILABILITY OF SUCH PROTOCOLS OR DIGITAL ASSET NETWORKS. YOU HEREBY FURTHER AGREE THAT APEX CRYPTO MAYACCEPT ALL RISKS ASSOCIATED WITH THE USE OF EX+ TO CONDUCT TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, IN OUR SOLE DISCRETIONCONNECTION WITH THE FAILURE OF HARDWARE, DETERMINE THE APPROACH TO SUCH FORKED ASSETSSOFTWARE, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF THE SERVICESAND INTERNET CONNECTIONS. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT APEX CRYPTO IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU.In the event of a Fork of a Supported Network, we will support the Forked Network that requires the greatest total threshold number of hash attempts to mine all existing blocks measured during the 48-hour period following a Fork (the “Greatest Cumulative Computational Difficulty”) and will retain the name and ticker of the Digital Asset that existed prior to the Fork. You agree and understand that we may, in our sole discretion, suspend operations, in whole or in part (with or without advance notice), for however long we deem necessary, while we make this determination. If we are unable to make a conclusive determination as to which Forked Network has the Greatest Cumulative Computational Difficulty, or if we determine in good faith that Greatest Cumulative Computational Difficulty is not a reasonable criterion upon which to make a determination, we will support the Forked Network that we deem in good faith is most likely to be supported by the greatest number of users and miners and will retain the name and ticker of the Digital Asset that existed prior to the Fork. We may also support the other Forked Network, in which case we will call its Digital Asset by a different name and use a different ticker. Unsupported Forked Networks You agree and understand that we may choose, in our sole discretion, except as described herein, not to support a Forked Network (each, an “Unsupported Forked Network”) and that you have no right, claim, or other privilege to any Digital Assets of an Unsupported Forked Network. With respect to an Unsupported Forked Network, we will treat its Digital Assets as Unsupported Digital Assets and we may, in our sole discretion, elect to:

Forks. The underlying protocols are subject to sudden changes in operating rules, YIELD and third parties may from time to time create a copy of a cryptocurrency digital asset network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version of a cryptocurrency digital asset (“Forked Assets”). You understand and acknowledge that Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Apex Crypto, YIELD and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may depend on third-third parties that are outside of our YIELD’s control. You understand and acknowledge that Forks may materially affect the value, function, and/or and even the name of the cryptocurrencies you store in digital assets associated with your Hosted Wallet(s)YIELD Account. In the event of a Fork, you understand and acknowledge that Apex Crypto YIELD may temporarily suspend certain services on the Services Online Platform (with or without advance notice to you) while we determine, at our sole discretion, which Forked Network(s) to support. YOU ACKNOWLEDGE YIELD IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND HEREBY AGREE THAT APEX CRYPTO MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU. YIELD MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK AND THAT YOU XXXXXXX.XXX HAVE NO RIGHT, CLAIM, OR OTHER PRIVILEGE TO AGAINST YIELD FORKED ASSETS ON SUCH UNSUPPORTED FORKED NETWORK. YOU HEREBY FURTHER AGREE THAT APEX CRYPTO YIELD MAY, IN OUR SOLE DISCRETION, DETERMINE THE OUR APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF THE OUR SERVICES. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT APEX CRYPTO IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU.

Forks. The i. Customer agrees and understands that the underlying protocols of Supported Networks are subject to sudden changes in operating rules, and third parties may from time to time create a copy of a cryptocurrency network and implement changes in operating rules or other features (“Forks”) Forks that may result in more than one version of a network (each, a “Forked Network”) and more than one version Gemini holding a specified amount of a cryptocurrency (“Digital Assets associated with each Forked Assets”)Network. You understand Customer further agrees and acknowledge that Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Apex Crypto, and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may depend on third-parties that are outside of our control. You understand and acknowledge understands that Forks may materially affect the value, function, and/or even the name of the cryptocurrencies you store in your Hosted Wallet(s)Assets it holds on Gemini. ii. In the event of a Fork, you understand Customer agrees and acknowledge understands that Apex Crypto Gemini may temporarily suspend the Services operations of Gemini (with or without advance notice, which may be provided by public notice to youits customers on its website or by other means) while we determineGemini chooses, at our in its sole discretion, except as described herein, which Forked Network(s) Networks to support. YOU ACKNOWLEDGE Once Gemini has chosen which Forked Network to support, it will promptly make such notification public on its website or by other means. Customer agrees and understands that in Xxxxxx’s best estimation it is unlikely to support most Forked Networks and that the Digital Assets of most Forked Networks will likely not be made available to Customer. iii. DIGITAL ASSET VALUES CAN FLUCTUATE SUBSTANTIALLY, INCLUDING DUE TO CHANGES IN DIGITAL ASSET PROTOCOLS AND HEREBY AGREE THAT APEX CRYPTO NETWORKS WHICH MAY DETERMINE, RESULT IN OUR SOLE DISCRETION, NOT A TOTAL LOSS OF THE VALUE OF DIGITAL ASSETS HELD BY GEMINI ON CUSTOMER’S BEHALF. THE SUPPLY OF DIGITAL ASSETS AVAILABLE TO SUPPORT GEMINI TO PROVIDE TO CUSTOMER AS A RESULT OF A FORKED NETWORK AND GEMINI’S ABILITY TO DELIVER DIGITAL ASSETS RESULTING FROM A FORKED NETWORK MAY DEPEND ON THIRD PARTY PROVIDERS THAT YOU HAVE NO RIGHTARE OUTSIDE OF GEMINI’S CONTROL. GEMINI DOES NOT OWN OR CONTROL ANY OF THE PROTOCOLS THAT ARE USED IN CONNECTION WITH DIGITAL ASSETS AND THEIR RELATED DIGITAL ASSET NETWORKS, CLAIM, OR OTHER PRIVILEGE TO FORKED ASSETS ON SUCH UNSUPPORTED INCLUDING THOSE RESULTING FROM A FORKED NETWORK. YOU HEREBY FURTHER AGREE THAT APEX CRYPTO MAYACCORDINGLY, IN OUR SOLE DISCRETION, DETERMINE THE APPROACH GEMINI DISCLAIMS ALL LIABILITY RELATING TO SUCH PROTOCOLS AND ANY CHANGE IN THE VALUE OF ANY DIGITAL ASSETS (WHETHER OF A FORKED ASSETSNETWORK OR OTHERWISE) INCLUDING IF SUCH CHANGE IS CAUSED BY A CHANGE IN SUCH PROTOCOLS OR NETWORKS, WHICH MAY INCLUDE ABANDONING AND GEMINI MAKES NO GUARANTEES REGARDING THE SECURITY, FUNCTIONALITY, OR OTHERWISE ELECTING NOT TO SUPPORT AVAILABILITY OF SUCH FORKED ASSETS AS PART OF PROTOCOLS OR DIGITAL ASSET NETWORKS. CUSTOMER ACCEPTS THE SERVICESRISKS ASSOCIATED WITH CHANGES IN DIGITAL ASSET PROTOCOLS OR NETWORKS, INCLUDING FORKS. iv. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT APEX CRYPTO IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOUIn the event of a Fork of a Supported Network, Gemini will support the Forked Network that requires the greatest total threshold number of hash attempts to mine all existing blocks measured during the 48-hour period following a Fork (the “Greatest Cumulative Computational Difficulty”) and will retain the name and ticker of the Digital Asset that existed prior to the Fork. Customer agrees and understands that Gemini may, in its sole discretion, suspend operations, in whole or in part (with notice, which may be provided by public notice to its customers on its website or by other means), for as long as Gemini reasonably deems necessary, while it makes this determination. If Gemini is unable to make a conclusive determination as to which Forked Network has the Greatest Cumulative Computational Difficulty, or if Gemini reasonably determines in good faith that Greatest Cumulative Computational Difficulty is not a reasonable criterion upon which to make a determination, it will support the Forked Network that it reasonably deems in good faith is most likely to be supported by the greatest number of users and miners and will retain the name and ticker of the Digital Asset that existed prior to the Fork. Gemini may also support the other Forked Network, in which case Gemini will call its Digital Asset by a different name and use a different ticker. Once Gemini has made a determination regarding the Forked Network(s) it will support, it will promptly make such determination publicly available through its website or other means.

Forks. The underlying protocols are subject to sudden changes in operating rules, and third parties may from time to time create a copy of a cryptocurrency network and implement changes in operating rules or other features (“Forks”) that may result in more than one version of a network (each, a “Forked Network”) and more than one version of a cryptocurrency (“Forked Assets”). You understand and acknowledge that Forked Networks and the available supply of any Forked Assets are wholly outside of the control of Apex CryptoCurrency Com, and you further acknowledge that our ability to deliver Forked Assets resulting from a Forked Network may depend on third-parties that are outside of our control. You understand and acknowledge that Forks may materially affect the value, function, and/or even the name of the cryptocurrencies you store in your Hosted Wallet(s). In the event of a Fork, you understand and acknowledge that Apex Crypto Currency Com may temporarily suspend the Services (with or without advance notice to you) while we determine, at our sole discretion, which Forked Network(s) to support. YOU ACKNOWLEDGE AND HEREBY AGREE THAT APEX CRYPTO CURRENCY COM MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK AND THAT YOU HAVE NO RIGHT, CLAIM, OR OTHER PRIVILEGE TO FORKED ASSETS ASSET ON SUCH UNSUPPORTED FORKED NETWORK. YOU HEREBY FURTHER AGREE THAT APEX CRYPTO CURRENCY COM MAY, IN OUR SOLE DISCRETION, DETERMINE THE APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF THE SERVICES. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE THAT APEX CRYPTO CURRENCY COM IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND THAT MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO YOU.