4. I understand that the Company reserves the right to, in its sole discretion, accept or reject this subscription, in whole or in part, for any reason whatsoever, and to the extent not accepted, unused funds maintained in my account at MY IPO or transmitted herewith shall either not be debited from my account at MY iPO or be returned to the undersigned in full, with any interest accrued thereon.
5. I have received the Offering Circular.
6. I accept the terms of the Certificate of Incorporation of the Company.
7. I am purchasing the Shares for my own account.
8. I hereby represent and warrant that I am not on, and am not acting as an agent, representative, intermediary or nominee for any person identified on, the list of blocked persons maintained by the Office of Foreign Assets Control, U.S. Department of Treasury. In addition, I have complied with all applicable U.S. laws, regulations, directives, and executive orders relating to anti-money laundering, including but not limited to the following laws: (1) the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56; and (2) Executive Order 13224 (Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism) of September 23, 2001. By making the foregoing representations you have not waived any right of action you may have under federal or state securities law. Any such waiver would be unenforceable. The Company will assert your representations as a defense in any subsequent litigation where such assertion would be relevant. This Subscription Agreement and all rights hereunder shall be governed by, and interpreted in accordance with, the laws of the State of Delaware without giving effect to the principles of conflict of laws.
9. Digital (“electronic”) signatures, often referred to as an “e-signature”, enable paperless contracts and help speed up business transactions. The 2001 E-Sign Act was meant to ease the adoption of electronic signatures. The mechanics of this Subscription Agreement's electronic signature include your signing this Subscription Agreement below by typing in your name, with the underlying software recording your IP address, your browser identification, the timestamp, and a securities hash within an SSL encrypted environment. This electronically signed Subscription Agreement will be available to both you and the Company, as well as any associated brokers, so they can store and access it at any time, and it will be stored and accessible on Digital Offering servers.
I agree that any time I click on an "I Agree," "I Consent" or other similarly worded button or entry field with my mouse, keystroke or other device, my agreement or consent is legally binding and enforceable and is the legal equivalent of my handwritten signature on an agreement that is printed on paper. I agree to be bound by any affirmation, assent or agreement transmitted to or through the Company’s website(s) or the Company’s transfer agent by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent I give or will give to receive communications from = the Company, or any of its affiliates, solely through electronic transmission.
I understand that, to the fullest extent permitted by law, any notices, disclosures, forms, privacy statements, reports or other communications (collectively, "Communications") regarding my investment in the Company, may be delivered by electronic means, such as by e-mail or through the Company’s transfer agent. I consent to electronic delivery as described in the preceding sentence. In so consenting, I acknowledge that e-mail messages are not secure and may contain computer viruses or other defects, may not be accurately replicated on other systems or may be intercepted, deleted or interfered with, with or without the knowledge of the sender or the intended recipient. I also acknowledge that an e-mail from the Company or its affiliates may be accessed by recipients other than myself and may be interfered with, may contain computer viruses or other defects and may not be successfully replicated on other systems. I understand that the Company gives no warranties in relation to these matters.
I further understand and agree to each of the following:
· As long as my consent remains in effect, the Company may provide all Communications to me electronically in lieu of providing paper Communications, including without limitation all shareholder notices and shareholder meeting notices.
· Hardware and software that I will need. Electronic Communications may be provided via e-mail from the Company and/or affiliates of the Company. In order to view and retain the Communications, my computer hardware and software must, at a minimum, be capable of accessing the Internet, with connectivity to an Internet Service Provider or any other capable communications medium, and with software capable of viewing and printing a .pdf file created by Adobe Acrobat. Further, I must have a personal e-mail address capable of sending and receiving e- mail messages to and from the Company and/or affiliates of the Company. To print documents, I will need access to a printer compatible with my hardware and the required software.
· If these software or hardware requirements change in the future, the Company will notify me through the Company’s website or through the transfer agent.
· To facilitate these services, I must provide the Company and its transfer agent with a current e-mail address and update that information as necessary. Unless otherwise required by law, I will be deemed to have received any electronic Communications that are sent to the most current e-mail address provided.
The Company will not assume liability for non-receipt of Communications in the event my e-mail address on file is invalid, my e-mail or Internet service provider filters the notification as "spam" or "junk mail," there is a malfunction in my computer, browser, Internet service and/or software, or for any other reasons beyond the control of the Company, its transfer agent, and/or affiliates of the Company.
10. Delivery Instructions. If you are funding via escrow through either an ACH authorization, check or a wire transfer pursuant to the escrow instructions set forth in the Offering Circular, please fill out the information below to have your shares held at the transfer agent.