Sales Terms and Disclosures

General Sale

Forms:

General Sell Direction Letter

Terms:

ADDITIONAL DOCUMENTS REQUIRED: Official sale documents must be included with this Sell Direction Letter. Transactions without complete documentation are delayed until complete paperwork is received. Please note that some specific assets will require additional documentation in order to complete the sale of the custodial asset listed above. Please see the specific transaction guide for a full list of required documentation.

Arbitration of Claims—ARBITRATION OF DISPUTES. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT ANY CONTROVERSY OR DISPUTE BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO THE COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICPATE IN A CLASS ACTION OR SIMILAR PROCEEDING.

Agreement to Arbitrate. The depositor and NDTCO and/or NDIRA agree that either the depositor or NDTCO and/or NDIRA may, without the other party’s consent, require that any claims between them be submitted to mandatory, binding arbitration.

Claims Subject to Arbitration included but are not limited to: Any controversy arising out of or relating to this agreement or the breach thereof, or to the IRA or any transactions authorized by the depositor and/or their agent as well as any claim that may arise regarding your Custodial Assets.

Arbitration location, finality, procedures, waiver of jury trial, class action or any representative action. The depositor agrees that Arbitration will occur in Johnson County, Kansas according to the commercial rules of the American Arbitration Association. The depositor agrees that Arbitration is final and binding on both parties. The depositor and NDTCO and/or NDIRA are voluntarily waving their right to seek remedies in court, including their right to a jury trial. Claims made as part of a class action or other representative action, and the arbitration of such Claims must proceed on an individual, non-class, and non-representative, basis. If the depositor or NDTCO and/NDIRA require arbitration of a particular Claim, neither party nor any other person, may pursue the Claim in any litigation, whether as a class action, private attorney general action, or other representative action. Pre-arbitration discovery is limited than and different from court proceedings. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions will nevertheless remain in force.

LIMITATION ON LIABILITY; WAIVER OF PUNITIVE DAMAGES. IN NO EVENT SHALL ANY PARTY HAVE A REMEDY OF, OR BE LIABLE TO THE OTHER FOR, (1) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR (2) PUNITIVE OR EXEMPLARY DAMAGES. THE SAME OF THE PARTIES HEREBY EXPRESSLY WAIVES ANY RIGHT OR CLAIM TO PUNITIVE OR EXEMPLARY DAMAGES THEY MAY HAVE OR WHICH MAY ARISE IN THE FUTURE IN CONNECTION WITH ANY SUCH PROCEEDING, CLAIM OR CONTROVERSY, WHETHER THE SAME IS RESOLVED BY ARBITRATION, MEDIATION, JUDICIALLY OR OTHERWISE.

ORIGINAL DOCUMENTS: If this is a full sale of your asset, any original documents maintained by NDTCO will be mailed to your address on file.

REAL ESTATE ASSET SALES: All Real Estate transactions must be sent via overnight mail. If you elect standard mail on this form, NDTCO will, in accordance with this policy, send the sale document via overnight mail. You will be charged the overnight mailing fee listed on the NDTCO Fee Schedule.

Digital Currency

Forms:

Digital Currency Sell Direction Letter

Terms:

I understand my digital currency sale will be made as directed above via an unrelated third-party, who is responsible for delivering the proceeds to my custodial account held by New Direction Trust Company (NDTCO).  I understand NDTCO shall have no liability for any loss I suffer should the; electronic system used to sell or store my digital currency fail in any way, digital currency in my wallet be inaccessible to me as a result of it being stolen, or digital currency becomes in any other way inaccessible. 

I agree to indemnify and hold NDTCO harmless from and against any and all claims, liabilities, causes of action, losses, and expenses, including reasonable attorneys’ fees and other related expenses, for claims asserted against or incurred as a result of, or in any way relating to the loss of my digital currency.    

I understand NDTCO will not be liable for any loss I may suffer if market fluctuations decrease the value of my digital currency during the processing time for sells or trades.  I understand and agree that my digital currency wallet will be stored in cold storage on a hardware or software wallet and as such it may not be readily accessible for trading or sale.  I understand and agree that any such delays as a result of my limited access may result in delays of up to three (3) business days or longer for processing and agree to hold NDTCO, its employees, and agents harmless for any such delay that may negatively impact the value of my digital currency.  

I understand and agree that current market values are obtained from an unrelated third-party resource and should not be relied upon as the price I may find when I sale my digital currency.  I understand estimated values will not include dealer mark-ups, discounts or commission charged independently of what NDTCO may charge in order to execute my transaction as directed.  I understand the digital current market values are obtained from an unrelated third-party resource for reporting the value of my digital currency’s value to the IRS only and should not be construed as its current market value.  I understand that I must contact an unrelated third-party broker/dealer for the most recent price of my specific asset.   

I understand it is my sole responsibility to direct the investments and that NDTCO shall have no responsibility or involvement in evaluating or conducting any due diligence, or other inquiry into the prudence or suitability of the investment or any other inquiry into to the safety and security of my investment in digital currency.  I understand and agree that I have not relied upon any statement of NDTCO, or any of its employees or agents. 