VITA-FAST Representations and Warrantees
In addition to the Terms and Conditions you acknowledged and agree to as a user of the Molecules platform, and the FAM Agreement to which you will become a party, the following Representations and Warrantees apply to you as a VITA-FAST Holder, and you make the following declaration:
I CERTIFY I HAVE READ AND UNDERSTAND THAT,
VITA-FAST TOKENS ARE NOT BEING OFFERED OR SOLD TO “U.S. PERSONS” (WITHIN THE MEANING OF RULE 902 OF REGULATION S PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED) OR WITHIN THE UNITED STATES OF AMERICA AND MAY NOT BE OFFERED OR SOLD, DIRECTLY OR INDIRECTLY, TO U.S. PERSONS OR WITHIN THE UNITED STATES OF AMERICA, UNLESS, AMONG OTHER THINGS, THEY ARE SUBSEQUENTLY REGISTERED UNDER APPLICABLE SECURITIES LAWS OR AN EXEMPTION FROM SUCH REGISTRATION IS AVAILABLE.
I FURTHER CERTIFY THAT,
1. I am not a citizen of the United States of America, not a resident of the United States of America and not otherwise a U.S. Person, and that the offer and sale of the VITA-FAST was made to and accepted by me outside of the United States of America. I further certify that I am acquiring the VITA-FAST entirely for my own account and not on behalf of any other person or entity, and not with a view to the distribution or resale of the VITA-FAST.
2. Neither I, nor any of my/our affiliates or beneficial owners, is a Prohibited Person. For the purposes hereof, “Prohibited Person”means any individual, or legal entity or person, including a government or political subdivision or an agency or instrumentality thereof (each a “Person”) that is: (i) a national or resident of, or legal entity formed or incorporated within or subject to the Laws of any United States embargoed or restricted country, (ii) a national or resident of, or legal entity formed or incorporated within or subject to the Laws of the Republic of Cuba, Democratic People’s Republic of North Korea, Islamic Republic of Iran, Libya, People’s Republic of China, Republic of South Sudan, Republic of Sudan, SyrianArab, Republic or the Crimea; (iii) included on, or affiliated with any Person on the United States Commerce Department’s Denied Persons List, Entities List, or Unverified List; the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List, Specially Designated Narcotics Traffickers or Specially Designated Terrorists, or the Annex to Executive Order No. 13224; the Department of State’s Debarred List; or UN Sanctions; (iv) a Person with whom business transactions, including exports and re-exports, are restricted by a United States Governmental Authority, including, each item listed in the foregoing clauses (i), (ii), (iii) and (iv) and any updates or revisions thereto and any newly published rules therefor; or (v) a subject or target of any other economic sanctions administered or enforced by the United Nations, the European Union or the United Kingdom.