Alpha Collective, Inc. (“We” or “Alpha” ) exists to establish and operate a crowdfunding platform. We are offering for sale two types of digital collectibles (each a “Membership NFT”) on or about September 18th, 2022: a “Membership Cube” NFT (“Cube NFT”) and Gold Membership NFT (“Gold Membership”). The purchase of each NFT is a transaction in goods and not a promise to provide, or a guarantee of receipt of, future services from Alpha, although Alpha will make reasonable efforts to ensure that a crowdfunding platform comes into existence that allows you to unlock expanded functionality associated with the Membership NFTs.
You understand and agree that the sale of Membership NFTs grants you no rights and carries with it no guarantee of future performance of any kind by Alpha Collective, Inc. You are not entitled, as a holder of any Membership NFT, to vote or receive dividends or profits or be deemed the holder of shares of Alpha Collective, Inc. or any other person by virtue of your ownership of a Membership NFT, nor will anything contained herein be construed to construe on you any of the rights of a shareholder, partner, joint venturer, etc. or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to give or withhold consent to any corporate action or to receive notice of meetings, or to receive subscription rights to purchase such shares of Alpha Collective, Inc. Alpha Collective, Inc. may in future offer holders of Membership NFTs the opportunity to participate in massively open online governance via a DAO. You agree that the functionality of any DAO established by Alpha will be determined by Alpha at its sole and absolute discretion.
You understand that the development of Alpha’s business is a significantly risky venture and you acknowledge and assume the risk that Alpha may not be able to complete, substantially or in part, the acquisition of a crowdfunding platform or any other aspect of its operations and furthermore that all funds generated by the Membership NFT drop are expected to be retained by Alpha Collective, Inc. for any lawful business purpose. Your purchase of an NFT could lead to the complete loss of your money, and no payments will be returned. Membership NFTs will be created and delivered to any purchaser at the sole risk of the purchaser and on an “as-is” basis. Purchaser has not relied on any representations or warranties made by Alpha Collective Inc. or any other person outside of the context of these Terms of Sale, including but not limited to conversations of any kind, including but not limited to whether such statements are made through oral or electronic communication, or any White Paper, social media post or website.
The sale of the Membership NFT is governed by, and these Terms of Sale will be construed in accordance with, California law, without regard to conflict of laws principles. All disputes with Alpha Collective Inc. by you or your successors or assigns directly or indirectly arising under or in relation to these Terms of Sale or the NFTS shall be brought and resolved solely and exclusively in final and binding arbitration in the State of California, in San Francisco, under the Rules of Arbitration of the American Arbitration Association.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND ALPHA ARE EACH WAIVING THE RIGHT TO A TRIAL BY A JUDGE OR A JURY IN A PUBLIC FORUM AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Without prejudice to any other provision of these Terms of Sale, you acknowledge and agree that, except in the case of Alpha’s fraud or willful default, and except as otherwise required by any non-waivable provision of applicable law, Alpha Collective Inc. shall not be liable in any manner whatsoever to you or any other person for losses or damages of any kind, whether arising in contract, tort or otherwise, arising from the sale of Membership NFTs to any person.
All purchases of any Membership NFT are final and nonrefundable.
If you have any questions please contact Alpha Collective, Inc. at firstname.lastname@example.org