3. Access to the Site

Access to the Site is provided “as is” and “as available” basis only. We do not guarantee that the Site, or any content on it, will always be available or uninterrupted. From time to time, access may be interrupted, suspended or restricted, including by reason(s) of a technical fault, error or unforeseen circumstances or planned maintenance by us.

We reserve the right to limit the availability of the Site to the person, geographic area or jurisdiction we so desire and/or to terminate your access to and use of the Site, at any time and in our sole and absolute discretion.

We may suspend or disable your access to the Site if we consider it reasonable to do so, e.g. you breach this Agreement.

We have the right to remove or amend the content of the Site at any time. Some of the content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors, defects or omissions.

We will not be liable to you for any loss or damage you may suffer as a result of the Site being unavailable at any time for any reason.

You will comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the Site.

As a condition to accessing or using the Site, you acknowledge and agree that you will:

  1. use the Site or any of our services for lawful purposes only and in accordance with this Agreement;

  2. ensure that all information that you provide on the Site is current, complete, and accurate; and

  3. maintain the security and confidentiality of access to your Cryptocurrency Wallet Address.

As a condition to accessing or using the Site or any of our services, you acknowledge and agree that you will not:

  1. violate any applicable laws, including without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and any relevant and applicable privacy and data collection laws, in each case as may be amended from time to time;

  2. use the Site for any purpose that is unlawful;

  3. export, re-export, or transfer, directly or indirectly, any Mound technology in violation of applicable export laws or regulations;

  4. infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site;

  5. misrepresent the truthfulness, sourcing or reliability of any content on the Site;

  6. engage in, or attempt to engage in, any activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including but not limited, the deployment of viruses and denial of service attacks;

  7. use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or the Qubit Finance, or that could damage, disable, overburden, or impair the functioning of the Site or the Qubit Finance in any manner;

  8. attempt to circumvent any content filtering techniques or security measures that Mound employs on the Site, or attempt to access any service provided in or any area of the Site that you are not authorized to access;

  9. use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Site to extract data;

  10. introduce any malicious content such as malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site or otherwise interfere with any user’s access to the Site;

  11. post content or communications on the Site that are, in our sole and absolute discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive, misleading or otherwise objectionable;

  12. involve the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;

  13. involve commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by us;

  14. post content on the Site containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the user of the Site;

  15. engage in, or attempt to engage in, any activity that violates any applicable law, regulation, or rule concerning the integrity of trading markets, including but not limited to, the manipulative tactics commonly known as spoofing and wash trading; or

  16. encourage or induce any third party to engage in any of the activities prohibited under this Agreement.

You acknowledge and accept that the Site and your access to, and use of, the Site contain certain risks, including but not limited to:

  1. any smart contracts you interact with are entirely your own responsibility and liability, and that Qubit is not party to the smart contracts;

  2. at any time, your access to your cryptocurrency assets may be suspended or terminated or there may be a delay in your access or use of your cryptocurrency assets which may result in the cryptocurrency assets diminishing in value or you being unable to complete a smart contract;

  3. If you borrow digital assets from Qubit Finance, you will have to supply digital assets of your own as collateral. If your collateral declines in value such that it is no longer sufficient to secure the amount that you borrowed, others may interact with Qubit Finance to seize your collateral in a liquidation event.;

  4. the site and/or application may be suspended or terminated for any or no reason, which may limit or disallow your access to your cryptocurrency assets.

By accessing and using the Site, you understand and acknowledge that:

  1. the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin, ether, and other digital tokens such as those following the Ethereum Token Standard (ERC-20) or Binance Token Standard (BEP-20).

  2. the markets for these digital assets are highly volatile due to factors including but not limited to, adoption, speculation, technology, security, and regulation.

  3. the risk that your digital assets may lose some or all of their value while they are supplied to the Protocol.

  4. we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Site. Accordingly you acknowledge and agree to assume full responsibility for all of the risks of accessing and using the Site.

Accordingly, you acknowledge and agree to assume all risks in connection with your access and use of the Site, any application and smart contracts; and you expressly waive, release Qubit from any and all liability, claims, causes of action, or damages arising from or in any way as a result of, arising from or related to your access and use of the Site, your interaction with Qubit Finance, any application or smart contracts. You further agree to hold harmless, release, defend, and indemnify Qubit and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from or relating to: (i) your access and use of the Site, (ii) your violation of any terms or condition hereof, the right of any third party, or any other applicable law, regulation, or rule, and (iii) any other party’s access and use of the Site with your assistance or using any device or account that you own or control.

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