GEMtrust DAO Disclaimers

1. No Financial Advice

GEMtrust DAO is not a financial advisor. None of the materials shared on our website, in our whitepaper, presentations, videos, podcasts, or other media constitutes financial, legal, or tax advice. They represent our perspectives on the market and the potential of the GEM Token and GET Token. While we hold interests in GEM Token and GET Token, we strive to remain objective and unbiased. Financial markets are inherently unpredictable, and we offer no guarantees or assurances regarding the performance or development of any token.

2. Informational Purposes Only

The content provided here is for informational purposes only and should not be interpreted as financial, legal, or tax advice. The views expressed reflect the opinions of GEMtrust DAO and are not intended to serve as professional guidance. The general pricing information provided on our site is for informational purposes and does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with GEMtrust.

3. No Agency Relationship

GEMtrust does not act as an agent for you or any other user of the Site or the Services. You are solely responsible for your use of the Services, including all of your transfers of Digital Assets and the custody and control of your Digital Assets.

4. No Fiduciary Duties

To the fullest extent not prohibited by Applicable Law, we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate those duties and liabilities.

5. User Responsibility for Transactions and Custody

You are solely responsible for your use of the Services, including all of your transfers of Digital Assets and the custody and control of your Digital Assets. This includes securing your private keys and ensuring that your wallet is protected from unauthorized access. GEMtrust is not liable for any losses you may incur due to your failure to properly manage your digital assets or due to external risks like hacking.

6. Risk of Using Blockchain and Smart Contracts

You acknowledge that the Services are subject to flaws and that you are solely responsible for evaluating any code provided by the Services or Site. This warning and others GEMtrust provides in these Disclaimers in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing the Services or accessing the Site. Although we intend to provide accurate and timely information on the Site and during your use of the Services, the Site and other information available when using the Services may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. Information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies. 

You should verify all information before relying on it, and all decisions based on information contained on the Site or as part of the Services are your sole responsibility. No representation is made as to the accuracy, completeness, or appropriateness for any particular purpose of any pricing information distributed via the Site or otherwise when using the Services. Prices and pricing information may be higher or lower than prices available on platforms providing similar services.

7. Assumption of Risks

You hereby assume, and agree that GEMtrust will have no responsibility or liability for, all risks involved with using our services and digital assets. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against GEMtrust, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives, suppliers, and contractors related to any of the risks.

8. No Control Over Blockchain Protocols

GEMtrust does not own or control the underlying software protocols that are used in connection with Ethereum or other applicable blockchains. In general, decentralized protocols are open source, and anyone can use, copy, modify, and distribute them. GEMtrust is not responsible for the operation of decentralized protocols, and GEMtrust makes no guarantee of their functionality, security, or availability.

9. No Guarantee of Token Value or Performance

GEMtrust does not guarantee the value, performance, or liquidity of GEM Token or GET Token. The value of these tokens is subject to market volatility and other risks. The value of the GEM Token is derived from the market value of gemNFTs and cash equivalents held in the Treasury, and their value is not fixed.

10. Regulatory Compliance

You are responsible for complying with all applicable laws that govern your use of products, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the US Commodity Futures Trading Commission ("CFTC"), the federal securities laws and the regulations promulgated thereunder by the US Securities and Exchange Commission ("SEC") and all foreign applicable laws. 

You understand that GEMtrust is not registered or licensed by the CFTC, SEC, or any financial regulatory authority. 

GEMtrust is structured as a commodity-like digital asset and operates within the regulatory framework of the Marshall Islands. Token holders should be aware that jurisdiction-specific regulations may vary.

11. Indemnification

You will defend, indemnify, and hold harmless GEMtrust, its affiliates, and its affiliates' respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, "Indemnified Parties") from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to (a) your use of, or conduct in connection with, the Site or the Services (including, without limitation, the Service); (b) Digital Assets associated with your Ethereum or other applicable blockchain address; (c) any feedback or user content you provide to GEMtrust, if any, concerning the Site or the Services; (d) your violation of these Terms; or (e) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, GEMtrust (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether GEMtrust wishes to settle, and if so, on what terms, and you agree to corporate with GEMtrust in the defense.

12. Disclaimers Regarding the Gemstone and NFT Backing

GEMtrust DAO does not own the physical gemstones or gemNFTs backing the GEM token. Instead, an independent entity retains ownership and control over these assets. GEMtrust DAO utilizes the value of gemNFTs as a reference for the GEM token's value. GEMtrust DAO is not responsible for the custody, management, or valuation of the physical gemstones and gemNFTs.

13. Forward-Looking Statements

Any statements that describe future plans or expectations are forward-looking statements and involve known and unknown risks and uncertainties. Actual outcomes or results may vary significantly from the expectations described, and GEMtrust disclaims any obligation to update such statements.

14. Limitation of Liability

In no event shall GEMtrust DAO, its affiliates, or its service providers, be liable 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, goodwill, or other intangible losses, arising out of or relating to your access to or use of the Services.

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