CryptoExpress User Service Agreement
CUSTOMER AGREEMENT ("Agreement")
ACCEPTANCE OF TERMS THROUGH USE
By using this site, www.cryptoexpress.com ("Site"), accepting Services, using Software, and/or by clicking "I agree" to this Agreement, you ("User") signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click "I agree". Please check this Agreement periodically for changes as the owner of this Site, Software and Services, CryptoExpress ("Company") reserves the right to revise this Agreement and your continued use of this Site, Software and Services following the posting of any changes to the Agreement constitutes acceptance of such changes. The Company reserves the right to terminate a User's use of this Site, Software and Services at any time without notice and may do so at any time, for any reason. The Company shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party and therefore you should always keep backups of such information. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE, SOFTWARE AND SERVICES
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, Software and Services, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this Site, Software and Services from any country where material on this Site, Software and Services is prohibited or illegal, please leave now as you do not have permission to access this Site, Software and Services.
MONTHLY BILLING
By initiating use of Software and/or Services through this site that require monthly payment, you are expressly agreeing that the Company is authorized to charge you a monthly fee for the Software and/or Services you have requested, any applicable tax, exchange rate differences and any other charges you may incur in connection with your use of the Software and/or Services. As used in this Agreement, "billing" shall indicate either a credit or debit card charge. You agree not to challenge any charge as a "chargeback" unless due to theft. Your Software and/or Services fees will be billed at the beginning at the time of sign up and on each monthly renewal thereafter unless and until you cancel your membership. All fees and charges are non-refundable and there are no refunds or credits for partially used periods. Your use of Software and/or Services will continue in effect unless and until you cancel them or we terminate them. You must cancel your Software and/or Services before they renew each month in order to avoid billing of the next month's fees.
CANCELLING SERVICES
In order to cancel your use of Software and/or Services, you must send an email to support@cryptoexpress.com and/or call +1 403 775 6400. In order to avoid being billed that month's fees, you must do so prior to/at least 7 days before your billing anniversary date. If you fail to do so timely, you will be billed for that month.
CONSENT TO RECEIVE ELECTRONIC RECORDS
By participating in the Site, Software and/or Services, you signify your express consent to receive information from Company in electronic format. You will need a computer with browser and Internet access to receive such electronic records. Electronic records may include terms and conditions, agreements, privacy policies, and other items.SERVICES AND SOFTWARE
The Company software available through this Site including, but not limited to, all copyrights, trademarks, service marks, trade secrets, patents, patent applications, moral rights, contract rights, and other proprietary rights, documents, data, text, graphics, code, database, "look and feel" and any error corrections, updates, or enhancements provided by Company are referred hereto to as the "Software", individually and/or collectively with the communication services, storage, related software, this Site and other software and services which may be offered at any time from time to time through, utilizing or otherwise connected to this Site which are referred hereto as the "Services". You acknowledge that Software may be bundled with other copyrighted works including, but not limited to, Sun Microsystems, Inc. such as Java Runtime Environment and you agree to be bound by the license terms of Binary Code License Agreement and JAVA 2 RUNTIME ENVIRONMENT (J2RE), VERSION 1.3.x SUPPLEMENTAL LICENSE TERMS, as well as any additional terms imposed by Sun Microsystems. You are solely responsible to read, understand and abide the terms of the license(s) that may apply to you.
LICENSE TO USE THIS SITE, SERVICES AND SOFTWARE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this Site, Software and/or Services in strict accordance with the terms and conditions in this Agreement, in accordance with all laws of your jurisdiction, and as permitted via instructions in the Site, Software and/or Services. You agree not to make any false or fraudulent statements in your use of or to gain access to this Site, Software and/or Services. You acknowledge and agree that all content and Software and/or Services available on this Site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S., U.K. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.
You acknowledge that the Company may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that email messages, postings or other uploaded content, file sizes and formats, etc. will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on related servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time and the Company has no responsibility to provide information that may have been stored in such accounts. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice, effective immediately.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, Software and/or Services with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, disruption, suspension or discontinuance of the Site, Software and/or Services.
LICENSE RESTRICTIONS
Use
You agree not to make any false or fraudulent statements in your use of or to gain access to this Site, Software and/or Services or during your use of this Site, Software and/or Services. Except as may be explicitly permitted through this Site, Software and/or Services, you agree not to save, download, cut and paste, sell, resell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this Site, Software and/or Services or that is property of Company or any advertiser offering materials through our programs. Systematic retrieval of data or other content from this Site, Software and/or Services or the site of any party offering materials through this site, to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is strictly prohibited.
You agree not to use our services to:
1. transmit or store any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
3. harm minors in any way;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. email or otherwise transmit any content that you do not have a right to transmit under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. upload, post, email, send or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. upload, post, email or otherwise transmit any material that contains software viruses, trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
10. intentionally or unintentionally violate any applicable local, state, national or international law;
11. harvest or otherwise collect information about others, including email addresses, without their consent.
Security
You agree to use your best efforts to prevent access to this Site, Software and/or Services through your login and password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a login and password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via this Site, Software and/or Services or any advertiser's site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
Restricted International Users
Accessing this Site, Software and/or Services, products or contents available on this Site from places outside the U.S. and U.K. (except where expressly permitted) or where their use or contents are illegal, is prohibited. None of the information on this Site, Software and/or Services may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this Site, Software and/or Services, you agree that you are not a citizen of or a resident in any of these countries. You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Site, Software and/or Services received through this Site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S., U.K. and foreign government licenses.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Site, Software and/or Services, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S., U.K. and/or foreign government licenses.
Government Use
If you are a branch or agency of the U.S. Government, the following provision applies. Any software which is downloaded from or made available via the Site, Software and/or Services for or on behalf of the United States of America, its agencies and/or instrumentalities is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Unpublished rights reserved under the copyright laws of the United States.
TRADEMARKS
The Company's, licensors', advertisers, merchants or other third party materials, services or products referenced on this Site, Software and/or Services are common law or registered trade marks or service marks of such parties and you agree never to use such without express written permission.
THIRD PARTY SITES
You will be transferred to online merchants or other third party sites through links or frames from this Site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of third party sites by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them. If you wish to suspend email from such sites, you must contact them directly.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, SOFTWARE AND/OR SERVICES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, SOFTWARE AND/OR SERVICES. ALL OF THIS SITE, SOFTWARE AND/OR SERVICES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, SOFTWARE AND/OR SERVICES RECEIVED THROUGH THIS SITE, SOFTWARE AND/OR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, SOFTWARE AND/OR SERVICES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR SOFTWARE RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, SOFTWARE AND/OR SERVICES, OR ANY SERVICES OR SOFTWARE RECEIVED THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE, SOFTWARE AND/OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE SITE, SOFTWARE AND/OR SERVICES ARE FREE OF VIRUSES, MALWARE, BOTS OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE, SOFTWARE AND/OR SERVICES IS SOLELY AT YOUR OWN RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE SITE, SOFTWARE AND/OR SERVICES RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of the Site, Software and/or Services the suitability of the information contained on or received through use of the Site, Software and/or Services received through the Site, Software and/or Services, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or your use immediately upon receipt of any notice which alleges that you have used for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and you agree not to bring any action or claim against Company for such disclosure.
CHOICE OF ARBITRATION, LAW, JURISDICTION
This Site (excluding third party linked sites) is controlled by the Company and may be accessed by countries around the world to the extent permitted by site. As each of these places has laws that differ and by accessing this site, both you and Company agree that the statutes and laws of the United Kingdom shall apply to disputes arising out of or in relation to this Agreement, this Site, Software or Services provided by Company, without regard to conflicts of laws principles thereof. You and Company agree to submit to arbitration administered by the American Arbitration Association in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution through a location in the United Kingdom in English. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. In no event shall an award in an arbitration initiated under this clause exceed the amount paid to, or owed to Company by Customer. The parties further agree that a judgment of any court having jurisdiction may entered upon the arbitrator's award. User agrees to not to engage in any class action claim against the Company or combine a claim with any one else. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
PARENTAL FILTERING DEVICES
In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there filtering devices which are commercially available that may assist parents in limiting access to material that is harmful to minors, such as www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com.
CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.
