Terms of Service

Last Updated: September 24, 2023

Volatility Labs Inc. d/b/a Fig Investments and its subsidiaries, affiliates, associated companies and jointly controlled entities) (collectively “Fig Investments”, “We” or “Our”) operates an interactive online investing platform (“Fig Platform”) for digital asset investors at  https://fig.investments that: (i) offers  eligible investors opportunities to buy and sell customized structured investment products (“Structured Notes”) (ii) offers users that are not eligible investors view-only information related to the Structures Notes; and (iii) may offer users other products, features and services, in all cases in compliance with applicable law (collectively, all current and future products and services offered to users on the Fig Platform are referred to as the “Services”).

These terms of service, together with any documents and/or additional terms they expressly incorporate by reference, constitute a contract (the “Terms of Service”) between you and Fig Investments.

PLEASE READ THESE TERMS CAREFULLY – IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND FIG INVESTMENTS. By signing up to use an account through Fig Platform or any associated informational websites, electronic communications, APIs, or mobile applications (collectively, the “Website” or “Site”), or by using the Website or a Fig Platform Account (as defined below), you agree that you have read, understood, and accept all of the terms and conditions contained in these Terms of Service. If you do not agree to any part of these Terms of Service, you may not use the Website or open a Fig Platform Account.

1.              PERMISSION TO USE THE WEBSITE

1.1            Upon  acceptance of these Terms of Service, you may:

·       view pages from the Website in a web browser;

·       download pages from the Website for caching in a web browser;

·       stream audio and video files from the Website using the media player on the Site, if applicable; and

·       use the Site by means of a web browser.

By using the Services, you are confirming your acceptance of these Terms of Service and your use of the Services is subject to all provisions of these Terms of Service.[A1] [A2] 

1.2            As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms of Service.

1.3            Without limiting the foregoing, you warrant and agree that your use of the Website shall not in any manner violate any applicable federal, state, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy[A3] .

2.              SERVICES

2.1            Services. The Services offered by Fig Investments in most jurisdictions are limited at this time, and consist of view-only access to the Fig Platform, including the ability to test the “Thesis Builder Wizard” on the Fig Platform to generate hypothetical terms for a hypothetical Structured Note that will not be issued by Fig Investments.

2.2            Pilot Test. Fig Investments may offer Structured Notes and to a limited number of eligible users in a limited number of jurisdictions for the purpose of beta testing the Fig Platform (the “Pilot Test”). Only users that are eligible to participate in the the Pilot Test will have the ability to complete the process of opening an account on the Fig Platform (a “Fig Platform Account”).

2.3            Fig Platform Account. In order to invest in Structured Notes generated using the Fig Platform, a user must open a Fig Platform Account. A Fig Platform Account is held in the name of a user and is used for recording the user’s Structured Notes and fiat balances, if any, held on the Fig Platform and for the initiation of an order for a Structured Note and for providing instructions to Fig Investments regarding payment of amounts due under a Structured Note. If you want to invest in a Structured Note, you must complete the know-your-client (“KYC”) process on the Fig Platform and open a Fig Platform Account. As this time, only a limited number of users from a limited number of jurisdictions may open a Fig Platform Account. If you have opened a Fig Platform Account, you are an “Accountholder” under these Terms of Service. If you have not opened a Fig Platform Account, you are a “User” under these terms of Service. For greater certainty, an Accountholder is also a User under these Terms of Service.

2.4            Accredited Investor Status. To open a Fig Platform Account, you must qualify as an “accredited investor” under securities laws in your jurisdiction or otherwise be eligible to invest in securities that are not qualified by prospectus or registered for distribution to the public under the laws of your jurisdiction. Additional information regarding your status as an accredited investor will be gathered as part of the KYC process on the Fig Platform prior to your investment in any Structured Note.[A4] 

2.5            Jurisdiction. Users of this Site are responsible for observing all applicable laws and regulations in their relevant jurisdictions before proceeding to access the information contained herein or to use a Fig Platform Account.

(a)             The information or Fig Platform Accounts provided in or accessible through the Website are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Fig Investments to any registration or other requirement within such jurisdiction or country which Fig Investments does not currently have.

(b)            Fig Investments reserves the right to limit access to the Website to any person, geographic region, or jurisdiction.

(c)             By proceeding to access the information, you are deemed to have represented and warranted that the applicable laws and regulations of your relevant jurisdiction allow you to do so.

2.6            No Advice or Liability. By using the Website or a Fig Platform Account, you agree and acknowledge that:

(a)             Fig Investments does not provide any authoritative or qualified advice on the legality of any Crypto Asset and/or Structured Note transaction in your jurisdiction.

(b)            It is your sole responsibility to understand the laws applicable to you in your jurisdiction and to comply with the same.

2.7            Anti-Money Laundering (AML) and Sanctions

(a)             Individual. If you are an individual, you must be at least 18 years old to use the Fig Platform Website or set up a Fig Platform Account and represent that you are of such age in doing so. Neither you, nor any person for whom you are acting as an agent or nominee, as applicable:

(i)             appear on the List of Specially Designated Nationals and Blocked Persons maintained by the United States Office of Foreign Assets Control (“OFAC”) from time to time;

(ii)            are a foreign shell bank;

(iii)           reside in or have funds which transfer from or through an account in a Non-Cooperative Jurisdiction (as classified by the Financial Action Task Force on Money Laundering (“FATF”));

(iv)           are a person or entity identified on a list established under section 83.05 of the Criminal Code (Canada) or in any Regulations made under the United Nations Act (Canada), the Freezing Assets of Corrupt Foreign Officials Act (Canada), the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (Canada), the Special Economic Measures Act (Canada) or any other Canadian statutes or regulations which takes legislative measures against terrorist financing and against financial dealings with certain sanctioned individuals and entities; and

(v)            are a “Politically Exposed Foreign Person”, “Politically Exposed Domestic Person” or “Head of International Organization” or a “close associate” or such person as defined in the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and regulations made thereunder.

(b)            Entity. If you are entering into this agreement on behalf of a corporation or other entity, you acknowledge that you satisfy the requirements noted in the previous paragraph and that your corporation (or other entity):

(i)             is an entity operating in good standing in its jurisdiction of formation; and

(ii)            has as its directors, officers, and persons who own or control 25% or more of the corporation (or entity) individuals who satisfy the requirements noted in the previous paragraph.

For clarity, countries or territories that have been designated as “Jurisdictions under Increased Monitoring” and “High-Risk Jurisdictions subject to a Call for Action” with the FATF constitute Non-Cooperative Jurisdictions.

2.8            E-Sign and Electronic Communications Consent

(a)             All agreements, applications or records that you sign or agree to in connection with Services provided on the Fig Platform will be solely in electronic form.

(b)            Furthermore, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Fig Platform Account.

(c)             We will provide these Communications to you by either posting them on the Fig Platform Website, emailing them to you at the primary email address listed in your Fig Platform profile, communicating to you via instant chat, and/or through other electronic communications such as a text message or mobile push notification.[A5] 

(d)            Fig Platform may not send Communications in a language other than English, and if you are not fluent in English, you should consider obtaining the services of an interpreter.

(e)             You understand and agree that if Fig Platform or its agent sends you Communications but you do not receive them because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications through no fault of Fig Platform and Fig Investments, Fig Investments will be deemed to have provided such Communications to you.

3.              INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

3.1            You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, images, video, audio, design, presentation, website layout, selection, and arrangement, are owned by Fig Investments, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

3.2            Fig Investments name, Fig Investments logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Fig Investments or its affiliates or licensors. You must not use such marks without the prior written permission of Fig Investments. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website, are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

3.3            You may only use the Website for your personal and non-commercial use, and solely for approved purposes as permitted by Fig Investments from time to time. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

·       your computer and browser may temporarily store or cache copies of materials being accessed and viewed;

·       in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit;

·       where you have received prior written permission from Fig Investments to do so.

3.4            You are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

3.5            If you print off, copy or download any part of our Website in breach of these Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Fig Investments. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

3.6            You agree and warrant that you, not Fig Investments (nor any of its parent, subsidiaries, affiliates, or its or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors), are fully responsible and liable for any and all content, material, and information you submit, post, publish, display, or transmit (collectively, “submit”) to the Website or to other users or persons (collectively, “User Submissions”). None of the User Submissions you submit to the Website will be subject to any confidentiality by Fig Investments. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission. By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions.

4.              CREATING AN ACCOUNT

4.1            Registration. To become an Accountholder, you must first register through the Website and provide certain KYC information to facilitate compliance by Fig Investments with AML and sanctions laws and securities laws in your jurisdiction. Fig Investments may, in its absolute and sole discretion, refuse to allow you to establish a Fig Platform Account.

4.2            Privacy Policy. We strive to take all reasonable steps to protect your personal information, however, we cannot and do not guarantee the security of any information or data you disclose to us. Fig Investments is based in Alberta, Canada and the information we collect is governed by the provincial laws of Alberta, the federal laws of Canada, and the laws of other jurisdictions by which our activities may be affected. By accessing or using a Fig Platform Account or otherwise providing information to us, you consent to the processing and transfer of information in and to Canada. Please see our Privacy Policy (https://fig.investments/privacy) for more information.

4.3            Identity Verification. In order to fund and place a trade on a Fig Platform Account and to help the government fight the funding of terrorism and money laundering activities, you may be required to provide Fig Investments with certain personal information, which may include:

·       your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number).

·       In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to notify Fig Investments if any information changes.

·       You hereby authorize Fig Investments to, directly or through third parties, make any inquiries we consider necessary to verify your identity and/or protect against fraud or other financial crime, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports.

·       You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.

5.              STRUCTURED NOTES

5.1            Customized Investment Parameters. You can use the “Thesis Builder Wizard” on the Fig Platform to create a Structured Note by customizing your investment parameters from a range of options presented on the Fig Platform. Once you select your investment parameters, an algorithm is applied to determine an optimal mix of traditional fixed income securities and derivatives on crypto assets (“Crypto Options”) that reflects your parameters (the “Underlying Portfolio”).

5.2            Indicative Note Term Sheet. The Fig Platform will generate an indicative term sheet (“Indicative Note Term Sheet”) for a Structured Note which reflects your investment parameters, and also sets out other relevant information about your Structured Note, including the minimum and maximum return on your investment, all Underlying Portfolio constituents, and the origination fee of 0.05% of the principal amount of the Structured Note payable to Fig Investments.

5.3            Subscription for Structured Note. If you want to invest in the Structured Note described in the Indicative Note Term Sheet, you must:

(a)             accept the Indicative Note Term Sheet on the order confirmation page of the Fig Platform,

(b)            complete the Subscription Agreement in the KYC section of the Fig Platform, which includes, for Canadian investors, an Accredited Investor Certificate and Risk Acknowledgement Form, and for investors outside of Canada, an Offshore Subscriber’s Certificate, and

(c)             fund your Fig Platform Account in an amount equal to the Principal Amount plus the Fig Investments’ origination fee, as set out in the Indicative Note Term Sheet.

5.4            Order Fulfillment. Each Structured Note will be subject to fulfillment on a best-efforts basis within 30 minutes of confirmation by you during Canadian business hours. During this time, Fig Investments will attempt to fulfill your order for by purchasing the fixed income securities and Crypto Options in the Underlying Portfolio. If the prices for Crypto Options have moved against you and we are unable to fulfil your order, we will mark the order as “Unfulfilled” and you will not be charged an origination fee. We will notify you that your order was unfulfilled due to changing market conditions. If Crypto Option prices are favourable (equal or better than the Underlying Portfolio which was detailed in the Indicative Note Term Sheet), we will fulfill the order. Prior to fulfillment, you may cancel the order until the order status is “Locked”, which will appear in the “Portfolio” section of your Fig Platform Account when the order is fulfilled.

5.5            Final Note Term Sheet. Once the order set out in the Indicative Note Term Sheet is fulfilled, the final terms for the Note (the “Final Note Term Sheet”) will be posted to your Fig Platform Account. The Final Note Term Sheet will include the exact prices for the Crypto Options in the Underlying Portfolio, the exact date and time on which the Structured Note was issued, and the exact date and time on which the Structured Note will mature.

5.6            General Information Statement. Every Indicative Note Term Sheet, and every Final Note Term Sheet, incorporates by reference, certain general terms, conditions and information set out in this document with applies to all Notes: General Information Statement. Your Indicative Note Term Sheet and Final Note Term Sheet will reference the specific version of the General Information Statement that applies to your Structured Note. All versions of the General Information Statement will be available on the Fig Platform. Capitalized terms used and not otherwise defined in these Terms of Service have the meanings given to them in the General Information Statement. 

5.7            No Reliance. An Accountholder may rely on the binding terms set out in their Final Note Term Sheet and General Information Statement as reflecting the legal obligations of Fig Investments under the Structured Notice. Other than the terms and conditions set out in those documents, Users and Accountholders should be aware that:

(a)             Fig Investments makes no guarantees or recommendations of any kind, nor does it purport to offer any investment advice or recommendations relating to the Structured Notes, Crypto Options, Indices or Crypto Assets more generally.

(b)            Pricing and other information may be made available on the Website may not reflect actual prices or values that may be available to you in the market at the time generated or at the time you may want to purchase or sell a particular Structured Note.

(c)             Nothing on the Website is, or should be relied on as, a promise or representation as to the future.

5.8            Forward-looking Statements. The Website may contain views, estimates, opinions, predictions or other forward-looking statements, which may reflect the views of Fig Investments with respect to, among other things, Fig Investments’ operation, the performance of a Crypto Asset, Index, Structured Note, or the Crypto Asset markets generally. Users may identify forward-looking statements by the use of words such as “believe”, “expect”, “potential”, “continue”, “may”, “will”, “should”, “seek”, “approximately”, “predict”, “intend”, “plan”, “estimate”, “anticipate” or other comparable words. These forward-looking statements are subject to various risks, uncertainties and assumptions. Should any assumptions underlying potential forward-looking statements contained on the Website prove to be incorrect, the actual outcome or results may differ materially from outcomes or results projected in these statements.

(a)             THERE ARE OR WILL BE IMPORTANT FACTORS THAT COULD CAUSE ACTUAL OUTCOMES OR RESULTS TO DIFFER MATERIALLY FROM THOSE INDICATED IN FORWARD-LOOKING STATEMENTS ON THE WEBSITE.

(b)            FIG INVESTMENTS DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE OR REVIEW ANY FORWARD-LOOKING STATEMENT, WHETHER AS A RESULT OF NEW INFORMATION, FUTURE DEVELOPMENTS OR OTHERWISE, EXCEPT AS REQUIRED BY APPLICABLE LAW OR REGULATION.

6.              SUSPENSION, RESTRICTION, AND CANCELLATION OF YOUR FIG PLATFORM ACCOUNT

6.1            So long as you do not have any Structured Notes outstanding, Fig Investments may restrict, suspend or terminate your access to the Website and Fig Platform Account in our absolute and sole discretion, immediately and without prior notice, and delete or deactivate related information and files without cost to you, including, for example, in the event that you breach any terms of these Terms of Service or you take any action that Fig Investments deems abusive or as circumventing Fig Investments controls.

6.2            If you have one or more Structured Notes outstanding at the time when you breach any terms of these Terms of Service or take any action that Fig Investments deems abusive or as circumventing Fig Investments controls, Fig Investments will impose such restrictions on your access to the Website and Fig Platform Account as are commercially reasonable in the circumstances, having regard to your rights as a Noteholder and our obligations to comply with applicable law, including without limitation, AML and sanctions laws, securities law and tax law in Canada and in the jurisdictions where we provide Services.

7.              YOUR USE OF THE SITE AND ACCOUNT SET-UP AND SECURITY

7.1            The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure, consistent with our Privacy Policy[A6] .

7.2            The safety and security of your information also depend on you. Users are responsible for obtaining their own access to the Site. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms of Service and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

7.3            Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

7.4            Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards and such other functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy[A7] .

7.5            Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Fig Platform Account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided a Fig Platform Account or other account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

7.6            You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:

(a)             accessing content and data that is not intended for you;

(b)            attempting to breach or breaching the security and/or authentication measures which are not authorized;

(c)             restricting, disrupting or disabling service to users, hosts, servers, or networks;

(d)            illicitly reproducing TCP/IP packet header;

(e)             disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website;

(f)             using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

(g)            introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(h)            attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and

(i)             otherwise attempting to interfere with the proper working of the Website.

8.              WEBSITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION

8.1            Fig Investments has the right, without providing notice to you, to:

(a)             Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

(b)            Terminate, suspend or disable your access to all or part of your account or the Website for any or no reason, including, without limitation, any violation of these Terms of Service.

8.2            YOU WAIVE AND HOLD HARMLESS FIG INVESTMENTS AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY FIG INVESTMENTS AGAINST YOU, IN ACCORDANCE WITH THIS AGREEMENT, AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER FIG INVESTMENTS OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

8.3            We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

9.              PRIVACY

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, processing, transmission, and disclosure of any such information in compliance with our Privacy Policy[A8] , including as we deem necessary for use of the Website and provision of Fig Platform Accounts.

10.           SECURITIES DISCLAIMERS AND NOTICES

10.1         Legal Distributions of Structured Notes. Eligible investors that open a Fig Platform Account and complete a subscription agreement for purchasing a Structured Note (which includes certification of Accredited Investor status or other eligibility criteria) may invest in Structured Notes issued by Fig Investments and offered through the Fig Platform (a “Legal Distribution of Structured Notes”).

10.2         NO OFFER, RECOMMENDATION OR SOLICITATION. THE WEBSITE IS ONLY INTENDED TO PROVIDE GENERAL INFORMATION AND SHOULD NOT BE RELIED UPON FOR INVESTMENT PURPOSES. NONE OF THE INFORMATION CONTAINED ON THIS WEBSITE CONSTITUTES A RECOMMENDATION, SOLICITATION OR OFFER BY FIG INVESTMENTS TO BUY OR SELL ANY CRYPTO ASSETS, CURRENCIES, CURRENCY PAIRS, OR OTHER PROPERTY, SECURITIES, FUTURES, OPTIONS, STRUCTURED NOTES OR OTHER FINANCIAL INSTRUMENTS OR PROVIDE ANY INVESTMENT, TAX, OR LEGAL ADVICE OR SERVICE, OTHER THAN TO PERMIT LEGAL DISTRIBUTIONS OF STRUCTURED NOTES. ANY INFORMATION, QUOTES, FORECASTS, RETURN ESTIMATES OR INDICATIONS OF PAST PERFORMANCE CONTAINED IN THIS WEBSITE SHOULD NOT BE CONSIDERED INVESTMENT ADVICE OR RECOMMENDATIONS.

10.3         NO REGISTRATION AS AN INVESTMENT COMPANY IN THE UNITED STATES. NEITHER VOLATILITY LABS INC. NOR ANY OF ITS AFFILIATES IS REGISTERED AS AN INVESTMENT COMPANY UNDER THE U.S. INVESTMENT COMPANY ACT OF 1940, AS AMENDED (THE “INVESTMENT COMPANY ACT”), AND INVESTORS WILL NOT BE ENTITLED TO THE BENEFITS OF THE INVESTMENT COMPANY ACT.

10.4         NO REGISTRATION AS AN ADVISER, DEALER OR INVESTMENT FUND MANAGER. NEITHER VOLATILITY LABS INC. NOR ANY OF ITS AFFILIATES (“COMPANY GROUP”) IS REGISTERED AS A DEALER, ADVISER, OR INVESTMENT FUND MANAGER UNDER APPLICABLE SECURITIES LAWS IN CANADA OR THE UNITED STATES. DURING THE PILOT PHASE, FIG INVESTMENTS WILL RELY ON THE EXEMPTION ORDER TO CONDUCT LEGAL DISTRIBUTIONS OF STRUCTURED NOTES TO A LIMITED NUMBER OF INVESTORS IN ALBERTA, BRITISH COLUMBIA AND FOREIGN JURISDICTIONS WHERE SUCH DISTRIBUTIONS ARE PERMITTED UNDER LOCAL LAW.

10.5         THE INFORMATION CONTAINED IN THE WEBSITE OR SERVICES HAS NOT BEEN INDEPENDENTLY VERIFIED. NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS MADE AS TO, AND NO RELIANCE SHOULD BE PLACED ON THE FAIRNESS, ACCURACY, CORRECTNESS, COMPLETENESS, ORIGINALITY, TIMELINESS, REASONABLENESS, NON-INFRINGEMENT, SUITABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF, THE INFORMATION OR OPINIONS CONTAINED IN THE WEBSITE OR SERVICES. IT IS NOT THE INTENTION OF FIG INVESTMENTS TO PROVIDE, AND YOU MAY NOT RELY ON THESE MATERIALS AS PROVIDING A COMPLETE OR COMPREHENSIVE ANALYSIS OF THE SERVICES. THE INFORMATION AND OPINIONS CONTAINED IN THE WEBSITE OR SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE USER AGREES THAT THE SERVICES MAY BE DEPENDENT ON THE PRICING OR INFORMATION PROVIDED BY THIRD PARTIES OR THIRD-PARTY WEBSITES AND THAT VOLATILITY LABS SHALL NOT HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, TO THE USER, FOR THE CORRECTNESS, QUALITY, ACCURACY, SECURITY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, PRICING OR CONTINUED AVAILABILITY OF THE SERVICES ON THE FIG PLATFORM AND/OR THE WEBSITE, REGARDLESS OF CAUSE. THE USER FURTHER AGREES THAT VOLATILITY LABS SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR THE USER’S USE OF THE INTERNET TO CONNECT TO THE FIG PLATFORM AND/OR THE WEBSITE, OR ANY TECHNICAL PROBLEMS, POWER OR SYSTEM FAILURES, MALFUNCTIONS, INTERNET OR TECHNOLOGICAL BREAKDOWN, COMMUNICATION LINE FAILURES, HIGH INTERNET TRAFFIC OR DEMAND, RELATED ISSUES, SECURITY BREACHES OR ANY SIMILAR TECHNICAL PROBLEMS OR DEFECTS EXPERIENCED.

10.6         THE WEBSITE AND SERVICES ARE OPERATED AND MAINTAINED BY FIG INVESTMENTS FOR INFORMATIONAL USE AND ANY INFORMATION CONTAINED IN THE WEBSITE OR AS PART OF ANY SERVICE SHOULD NOT BE REGARDED AS AN OFFER OR INVITATION TO PURCHASE OR SUBSCRIBE FOR ANY INVESTMENT PRODUCTS, AND NO PART OF IT SHALL FORM THE BASIS OF OR BE RELIED UPON IN CONNECTION WITH ANY CONTRACT, COMMITMENT OR INVESTMENT DECISION IN RELATION THERETO, OTHER THAN THE LEGAL DISTRIBUTION OF STRUCTURED NOTES. IN ADDITION, THE WEBSITE OR ANY SERVICE MAY NOT BE USED FOR THE PURPOSE OF AND DOES NOT CONSTITUTE AN OFFER OR INVITATION TO PURCHASE OR SUBSCRIBE FOR ANY INVESTMENT PRODUCTS AND SECURITIES IN ANY JURISDICTION OR UNDER ANY CIRCUMSTANCES IN WHICH SUCH OFFER OR INVITATION IS UNLAWFUL OR UNAUTHORIZED OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH OFFER OR INVITATION.

10.7         THE RISK OF COMPLETE LOSS IN TRADING OR HOLDING ANY TYPE OF CRYPTO ASSETS, INVESTMENT PRODUCTS, OR STRUCTURED NOTES CAN BE SUBSTANTIAL. AS WITH ANY ASSET, THE VALUE OF CRYPTO ASSETS CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN CRYPTO ASSETS AND/OR CRYPTO STRUCTURED NOTES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE MERITS AND RISKS ASSOCIATED WITH THE USE OF THE FIG PLATFORM WEBSITE AND SHOULD TAKE INTO CONSIDERATION YOUR PARTICULAR FINANCIAL SITUATION IN DETERMINING WHETHER TRADING CRYPTO STRUCTURED NOTES IS SUITABLE FOR YOU. IF YOU ARE CONSIDERING AN INVESTMENT IN STRUCTURED NOTES, YOU MAY WISH TO CONSULT LEGAL COUNSEL AND A FINANCIAL ADVISOR. FOR FURTHER DETAILS REGARDING THE RISKS ASSOCIATED WITH INVESTMENTS IN STRUCTURED NOTES, SEE “RISK FACTORS” IN THE GENERAL INFORMATION STATEMENT[A9] .

11.           DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE WEBSITE, FIG PLATFORM, ANY ACCOUNT, A FIG PLATFORM ACCOUNT, AND ANY AND ALL FUNCTIONS AND CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, FIG PLATFORM, ACCOUNT OR A FIG PLATFORM ACCOUNT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER VOLATILITY LABS INC. NOR ITS SUBSIDIARIES, AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (1) ANY WARRANTY OF MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) NON-INFRINGEMENT; (4) THAT A FIG PLATFORM ACCOUNT WILL MEET YOUR REQUIREMENTS; (5) THAT THE WEBSITE, FIG PLATFORM, ANY ACCOUNT OR FIG PLATFORM ACCOUNTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (6) THAT ANY DEFECTS WITH THE WEBSITE, FIG PLATFORM, ACOUNT OR A FIG PLATFORM ACCOUNT, IF ANY, WILL BE CORRECTED; (7) THAT OUR WEBSITE, FIG PLATFORM, ANY ACCOUNT, FIG PLATFORM ACCOUNT, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, COMPUTER WORMS, TROJAN HORSES, SPYWARE AND/OR OTHER HARMFUL OR CORRUPT CODE, PROGRAM OR COMPONENTS OR MACRO OR SUCH OTHER UNAUTHORIZED OR MALICIOUS SOFTWARE, OR THAT THE DOWNLOAD, INSTALLATION OR USE OF ANY SOFTWARE OR CONTENT OF THE WEBSITE, FIG PLATFORM, ANY ACCOUNT OR FIG PLATFORM ACCOUNT IN OR WITH ANY COMPUTER WILL NOT AFFECT THE FUNCTIONALITY OR PERFORMANCE OF THE COMPUTER. YOU UNDERSTAND THAT ANY USE OF, MODIFICATION TO OR RELIANCE ON THE WEBSITE OR A FIG PLATFORM ACCOUNT IS AT YOUR OWN DISCRETION AND RISK.

NEITHER FIG INVESTMENTS NOR ITS SUBSIDIARIES, AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY FIG PLATFORM ACCOUNT OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

FIG INVESTMENTS DOES NOT GRANT ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AS TO THE ACCESSIBILITY AND QUALITY OF THE FIG PLATFORM AND WEBSITE. THERE ARE SITUATIONS WHEN THE FIG PLATFORM AND/OR THE WEBSITE WILL NOT BE ACCESSIBLE, INCLUDING BUT NOT LIMITED TO MAINTENANCE AND CIRCUMSTANCES OUTSIDE THE CONTROL OF FIG INVESTMENTS SUCH AS NET ACCESS FAILURE, THEFT AND BLOCKCHAIN MINING ATTACKS. AS A RESULT OF THE INHERENT DEFICIENCY IN ELECTRONIC DISTRIBUTION, THERE ARE ALSO SITUATIONS WHERE THERE MAY BE ERRORS, DELAYS, OMISSIONS, INTERRUPTION, BREACH OF SECURITY, CORRUPTION OR UNAVAILABILITY OF ACCESS IN CONNECTION WITH OR INACCURACIES WITH THE FIG PLATFORM AND/OR THE WEBSITE. THE USER AGREES THAT FIG INVESTMENTS SHALL IN NO WAY BE RESPONSIBLE FOR ANY ERRONEOUS ORDERS, REGISTRATION OF STRUCTURED NOTE FOR USER OR FAILURE OR ANY COMPUTER HARDWARE OR SOFTWARE USED BY FIG INVESTMENTS OR A SERVICE PROVIDER OF FIG INVESTMENTS OR ANY TELECOMMUNICATIONS DEVICES USED BY FIG INVESTMENTS OR A SERVICE PROVIDER OF FIG INVESTMENTS OR STOPPAGE OF SERVICE, WHICH PREVENTS VOLATILITY LABS FROM FULFILLING ITS OBLIGATIONS UNDER THIS AGREEMENT, PROVIDED THAT FIG INVESTMENTS SHALL USE COMMERCIALLY REASONABLE EFFORTS TO PREVENT OR LIMIT SUCH EVENTS. THE USER ALSO AGREES THAT VOLATILITY LABS DOES NOT GUARANTEE THE CONTINUOUS AVAILABILITY OF THE FIG PLATFORM, WHICH HAS THE FUNCTIONALITY AS AVAILABLE DURING THE USER’S USE, AND THAT FIG INVESTMENTS SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, DELAYS, COMMUNICATION FAILURES OR OTHER MALFUNCTIONS OF THE FIG PLATFORM AND ANY LOSSES THE USER MAY SUFFER DUE TO THE INACCESSIBILITY OF THE FIG PLATFORM.

THE USER (AND NOT FIG INVESTMENTS) SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION, INCLUDING ANY DEFECT, PROBLEM OR DAMAGE IN THE COMPUTER USED IN CONNECTION WITH THE WEBSITE, FIG PLATFORM, ANY ACCOUNT OR FIG PLATFORM ACCOUNT. THE USER AGREES NOT TO HOLD FIG INVESTMENTS LIABLE FOR THE LOSS OF ANY OF THE CONTENTS IN ITS COMPUTER OR FOR ANY LOSS THAT THE USER SUFFERS THAT IS DUE TO ANY CIRCUMSTANCES BEYOND THE CONTROL OF FIG INVESTMENTS.

12.           LIMITATION ON LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL VOLATILITY LABS INC. NOR ITS SUBSIDIARIES, AFFILIATES OR ITS OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) UNDER NO CIRCUMSTANCES WHATSOEVER WILL FIG INVESTMENTS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO A FIG PLATFORM ACCOUNT OR THE WEBSITE OR YOUR USE OF A FIG PLATFORM ACCOUNT OR THE WEBSITE, OR YOUR RELIANCE ON ANY OF THE FOREGOING, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY FAILURE TO PERFORM BY FIG INVESTMENTS.

IN NO EVENT SHALL THE AGGREGATE LIABILITY TO A USER ARISING OUT OF OR RELATED TO THIS AGREEMENT BY VOLATILITY LABS INC. OR ITS SUBSIDIARIES, AFFILIATES OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS EXCEED THE AMOUNT GREATER OF (A) FIVE THOUSAND DOLLARS CANADIAN ($5,000.00 CAD); OR (B) FOR A USER THAT IS ALSO AN ACCOUNTHOLDER, THE AMOUNT OF COMPENSATION (INCLUDING FEES AND SPREADS) EARNED BY FIG INVESTMENTS FROM THE SALE OF STRUCTURED NOTES TO THE ACCOUNTHOLDER.

13.           INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Volatility Labs Inc. its subsidiaries, affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, from any loss, damage, cost, action, claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of these Terms of Service; your use of, or conduct in connection with the Website or a Fig Platform Account; or your violation of any law, rule or regulation, or the rights of any third party.

14.           GENERAL PROVISIONS

14.1         Contact Us. Please contact us at support@fig.investments with any feedback, questions, or complaints.

14.2         Amendments. We may change these Terms of Service from time to time in our absolute and sole discretion. If we make material changes to these Terms of Service, we will provide notice to you by doing some or all of the following: updating the “Last Updated” date at the beginning of these Terms of Service and adding a statement to our homepage, requiring your acceptance of the amended Terms of Service, or sending you an email notification. Any and all such modifications are effective immediately upon posting, or, if required by applicable law, upon your acceptance of the amended Terms of Service or receipt of email notification, and apply to all access to and continued use of the Website and your Fig Platform Account, provided, however, that the Final Note Term Sheet and the General Information Statement that was in effect at the time of issuance of each specific Structured Note continues to govern that Structured Note. You agree to periodically review the Terms of Service in order to be aware of any such modifications. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Website and your Fig Platform Account. If you do not terminate your use of the Website or Fig Platform Account, your continued access to or use of the Website or a Fig Platform Account will be deemed to constitute acceptance of such revised Terms of Service.

14.3         Entire Agreement. These Terms of Service comprise the entire understanding and agreement between you and Fig Investments as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms of Service), and every nature between and among you and Fig Investments. Section headings in these Terms of Service are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms of Service.

14.4         Assignment. You may not assign any rights and/or licenses granted under these Terms of Service. We reserve the right to assign our rights without restriction, including without limitation to any Fig Investments affiliates or subsidiaries, or to any successor in interest of any business associated with a Fig Platform Account. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

14.5         Severability. If any provision of these Terms of Service is determined to be invalid or unenforceable under or by any regulation, law, court of competent jurisdiction, or any government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Service shall not be affected.

14.6         Change of Control. Should Fig Investments be acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

All provisions of these Terms of Service which by their nature extend beyond the expiration or termination of these Terms of Service, including, without limitation, those sections pertaining to suspension or termination, Fig Platform Account cancellation, general use of the Fig Platform Website and general provisions, shall survive the termination or expiration of these Terms of Service.

14.7         Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein.

14.8         Arbitration and Waiver of Class Action. If you have a dispute with Fig Investments arising under these Terms of Service, we will attempt to resolve such dispute through our support team. If we cannot resolve the dispute through our support team within 30 days of your notice to Fig Investments regarding the dispute, then the determination of the dispute shall be settled solely and exclusively by final and conclusive binding arbitration in the Province of Alberta.

Where applicable, both you and Fig Investments agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. Where applicable, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (the “Class Action Waiver”). Notwithstanding any other provision of these Terms of Service or the applicable arbitration rules, where applicable, disputes regarding the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. You and Fig Investments agree that you will not be retaliated against, disciplined or threatened with discipline as a result of your filing or participating in a class or collective action in any forum. However, we may lawfully seek enforcement of the arbitration clause set out above and the Class Action Waiver under the applicable law and seek dismissal of such class or collective actions or claims.

14.9         Trial by Jury. If for any reason the arbitration clause set out above is not applicable, then each party, (i) to the fullest extent permitted by applicable law, hereby irrevocably waives all right to trial by jury in relation to any issue relating to these Terms of Service or any other matter involving the parties, and (ii) submits to the exclusive jurisdiction and venue of the courts located in the city of Edmonton, Province of Alberta.

14.10       Injunctive Relief. These Terms of Service do not hinder the rights of either party to seek injunctive relief in order to limit immediate, serious and irreparable injury.

14.11       Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

14.12       No Waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. These Terms of Service shall not be construed to waive rights that cannot be waived under applicable local, provincial, state and federal laws where you are located.

Fig Investments is in the process of being sunset. We are no longer offering any investments.