TERMS OF SERVICE
Last updated: June 21, 2022 (ver. 2.3.1)
PLEASE READ THESE TERMS OF SALE CAREFULLY. BY CREATING AN ACCOUNT WITH US, OR PURCHASING OR SELLING ANY VIRTUAL CURRENCY VIA ANY OF OUR AUTOMATED VIRTUAL CURRENCY KIOSKS OR THE GETCOINS WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CREATE A GETCOINS ACCOUNT, OR PURCHASE OR SELL ANY VIRTUAL CURRENCY VIA ANY GETCOINS KIOSK OR ON THE GETCOINS WEBSITE.
DO NOT INITIATE A TRANSACTION OR PROVIDE PAYMENT IF YOU ARE NOT WILLING OR ABLE TO PROVIDE INFORMATION OR DOCUMENTATION THAT WILL establish who you are or what the source of your funds are.
This User Agreement (“Agreement”) is a contract between you and Evergreen ATM, LLC , a Nevada Limited Liability Company using the trade name “GetCoins” (hereinafter referred to as “GetCoins,” “we”, “us” or “our”) and applies to your use of the GetCoins website (www.getcoins.com), GetCoins virtual currency kiosk machines (“Kiosk”) and all services described herein (collectively, the “GetCoins Services”).
THE ARBITRATION CLAUSE IN SECTION 7.10 GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
GetCoins is a convertible virtual currency exchange that buys and sells virtual currency through use of kiosk machines with proprietary software placed in commercial/retail locations, and, online on its website.
By using GetCoins Services, you agree to comply with and be legally bound by this Agreement. If you do not agree to any of the terms in this Agreement, or any subsequent modification to this Agreement, you may not use any of the GetCoins Services, and, if you have created an account you must cancel your GetCoins Account, free of charge, as set forth below.
We may amend this Agreement by posting on the GetCoins Site or emailing to you a revised Agreement. Any revised Agreement shall be effective immediately upon your express approval, or one month after the date of posting, except where the changes are required by law or on the instruction of a competent governmental agency, in which case, they will be effective immediately. By continuing to use the GetCoins Services once the revised Agreement is effective, you agree to be bound by the Agreement. We may (a) modify or discontinue any portion of the GetCoins Services, and (b) limit or terminate your access to the GetCoins Services, at any time, without notice to you. You agree that GetCoins shall not be liable to you or any third party for any modification or termination of the GetCoins Services, or limitations or termination of your access to the GetCoins Services, except to the extent otherwise expressly set forth herein.
To be eligible to use the GetCoins Services, you must be at least 18 years old. By accessing or using the GetCoins Services you represent and warrant that you are 18 or older.
Please note the following risks of using GetCoins Services:
- Every virtual currency transaction is confirmed by the virtual currency network. The confirmation takes a period of time, and will be unconfirmed during that period of time (usually less than one hour, but up to one day or more). A virtual currency transaction is not complete while it is being confirmed. Virtual currency associated with transactions that are in a pending state will be designated accordingly.
- The risk of loss in trading or holding virtual currency can be substantial. Therefore, you should carefully consider whether trading or holding virtual currency is suitable for you in light of your financial condition. The price or value of virtual currency can change rapidly, decrease, and potentially even fall to zero. If you use a GetCoins product which allows you and/or third parties to access and hold bitcoin private keys, you acknowledge that GetCoins is not responsible for safeguarding such keys and that GetCoins is not responsible for any loss of virtual currency resulting from theft, loss, or mishandling of private keys outside its control.
- In any financial service environment, there are those who choose to prey on others. GetCoins is always striving to protect its customers against scams. Please visit our “Common Scams” Page to become more aware of the way scams are perpetrated.
Please be aware of the following material risks involved in virtual currency generally, including at a minimum, the following:
o Virtual Currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections
o Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of virtual currency;
o Transactions in virtual currency are irreversible, and, accordingly, losses due to fraudulent or accidental transactions are not be recoverable;
o Some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction;
o The value of virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that virtual currency disappear;
o There is no assurance that a person who accepts a virtual currency as payment today will continue to do so in the future;
o The volatility and unpredictability of the price of virtual currency relative to fiat currency may result in significant loss over a short period of time;
o The nature of virtual currency may lead to an increased risk of fraud or cyber attack;
o The nature of virtual currency means that any technological difficulties experienced by GetCoins may prevent the delivery (access or use) of a customer’s virtual currency;
o You are solely liable for unauthorized virtual currency transactions, no different than you are responsible for unauthorized cash transactions or unauthorized fiat currency transactions. You should protect your virtual currency transactions and your digital wallet with the same care and concern as your cash transactions and your traditional wallet; and
o GetCoins does not act as a custodian or otherwise hold virtual currency, claims or any other assets on behalf of customers.
o All transactions are recorded on the virtual currency blockchain at www.blockchain.info.www.blockchain.info .
o The customer should preserve all records of transactions provided by GetCoins, and does not have the right to receive periodic account statements and valuations from GetCoins.
Digital Currencies represent a speculative investment and involve a high degree of risk. Investors should have the financial ability, sophistication/experience and willingness to bear the risks of an investment. An investment in digital currencies may not be suitable for all investors. Digital currencies are NOT automatically or normally considered securities and are NOT subject to the same regulatory requirements as SEC-registered securities, exchange traded funds, or similar investment vehicles. Potential investors should carefully consider the long term nature of an investment in digital currencies prior to making an investment decision. You should note carefully the following:
· Digital currency is not legal tender, is not backed by the government. GetCoins does not hold any balances or accounts of any kind for its counterparties. Nonetheless, balances of digital currencies are not subject to federal deposit insurance corporation or securities investor protection corporation protections;
· Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of digital currency;
· Transactions in digital currency are irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
· Some digital currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the counterparty initiates the transaction;
· The value of digital currency may be derived from the continued willingness of market participants to exchange fiat currency for digital currency, which may result in the potential for permanent and total loss of value of a particular digital currency should the market for that digital currency disappear;
· Amendments – we may amend any portion of the Terms of Service at any time by posting the revised version with an updated revision date. The changes will become effective, and shall be deemed acceptable by you, the first time you transact with GetCoins, after the initial posting of the revised Terms of Service, and shall apply only on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of our services and close your account. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment to the Terms of Service. If the revised Terms of Service includes a material change, we will provide you with prior notice via our website and/or email before the material change becomes effective. For this purpose a “material change” means a significant change other than changes that (i) are to or for your benefit, (ii) are required to be made to comply with applicable laws and/or regulations or as otherwise required by one of our regulators, (iii) relates to a new product or services made available to you, or (iv) to otherwise clarify an existing term.
· There is no assurance that a person who accepts a digital currency as payment today will continue to do so in the future;
· The volatility and unpredictability of the price of digital currency relative to fiat currency may result in significant loss over a short period of time;
· The nature of digital currency may lead to an increased risk of fraud or cyber-attack; and
· GetCoins does not hold any balances or accounts of any kind for its counterparties. Nonetheless the nature of digital currency means that any technological difficulties experienced may prevent the access or use of your digital currency.
1. GetCoins Services.
Your GetCoins Account encompasses a conversion service, as part of the GetCoins Services, among others. The GetCoins conversion service allows users to buy virtual currency (e.g. Bitcoin) from, and sell virtual currency to, GetCoins (the “Conversion Service”); each of these GetCoins Services is described in detail below.
To be eligible for the GetCoins Services, you must be at least 18 years old and a resident of the United States. This Agreement applies only to Users who are residents of the United States. By using the Services, you represent and warrant that you (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (e) have not been identified as a “Specially Designated National” by the U.S. Office of Foreign Assets Control; and (f) have not been placed on the U.S. Department of Commerce’s Denied Persons List.
In addition to the forgoing, by using a GetCoins Account, you agree and represent that you will use the GetCoins Service only for yourself, and not on behalf of any third party, unless you have obtained prior approval from GetCoins in accordance with the provisions of this Agreement. Each customer may register only one GetCoins account. If you register to open more than one GetCoins account for any reason, you must provide notice of your having done so, and the reason or purpose for the additional account(s). You are fully responsible for all activity that occurs on and under your GetCoins Account(s). We may, in our sole discretion, refuse to open an Account for you, or suspend or terminate your Account (including but not limited to duplicate or additional accounts) or suspend or terminate the trading of specific digital currency in your account(s), as applicable.
If you are using the GetCoins Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
ALL REFUNDS ARE MADE IN BITCOIN AND SUBJECT TO THE GetCoins
Consumer Protection and Refund Policy.
2. Creating a GetCoins Account.
2.1. Registration. In order to use any of the GetCoins Services, you must first register. At a Kiosk, registration is done by providing your name, phone number, identity document (if required) and affirming your acceptance of this Agreement. Online, registration is done by providing your bank account information, providing your digital wallet information, providing a completed VIP Application and an image of a government-issued photo identification. Upon successful completion of the registration process, GetCoins will approve and activate your GetCoins Account. GetCoins may, in our sole discretion, refuse to allow you to establish a GetCoins Account. In order to use the GetCoins Service, you must provide information sufficient for us to verify your identity. If you create a GetCoins Account you agree to: (a) provide accurate, truthful and current information when creating an Account or when using the GetCoins Site (OTC Service) or one of our Kiosks; (b) use your Account and the GetCoins Services only for yourself, not share access with others, and not conduct transactions for others; and (c) promptly notify us if you discover or otherwise suspect any fraudulent activity, security breaches or misuse related to your account.
2.2. Identity Verification. In order to use certain features of the GetCoins Services, including certain transactions involving virtual currency and/or fiat currency, you may be required to provide GetCoins with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, and government identification number. GetCoins may also require you to answer certain questions or take actions in order to verify your identity, provide the GetCoins Services to you, or comply with applicable law. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update GetCoins if any information changes. You hereby authorize GetCoins to, directly or through third parties, make reasonably necessary inquiries to verify your identity and/or to protect against fraud, including to query identity information contained in public reports and to take actions we deem necessary. You further authorize any and all third parties to which such inquiries may be directed to fully respond to such inquiries. You acknowledge that GetCoins, or one of its agents or employees, will analyze and validate your identity by reference to the information you provide to determine whether you qualify to use the GetCoins Services (“Verification Process”). Your use of the GetCoins Services may be delayed during the Verification Process, and GetCoins disclaims responsibility for any loss, delay or other harm relating thereto. If you do not pass the Verification Process, or if you fail to provide any of the information required to access the Services, you will be denied access to the Services. If you believe your access to the GetCoins Services has been wrongly denied, please contact us at [email protected] .
3. Virtual Currency Transactions.
3.1. Transactions with GetCoins. When buying or selling virtual currency (e.g. Bitcoin) through the GetCoins Conversion Service, you are buying from, or selling to, GetCoins directly; there are no intermediaries. GetCoins does not act as an intermediary or marketplace facilitator between other buyers and sellers of virtual currency. The Conversion Service is subject to the GetCoins “Conversion Rate.” “Conversion Rate” means the liquidity adjusted price of a given virtual currency’s amount, in terms of local currency, as quoted to you on the GetCoins Site or Kiosk at the time you begin a Conversion Service transaction. The Conversion Rate is stated either as a “Buy Price,” the price (stated in fiat currency) at which you purchase a virtual currency from GetCoins, or as a “Sell Price,” the price (stated in fiat currency) at which you sell a virtual currency to GetCoins. For the purpose of any transaction which incorporates the Conversion Rate, you agree, as a condition of using any GetCoins Services, to accept the Conversion Rate as the sole conversion metric.
IMPORTANT: If the Conversion Rate changes due to a delay between the time you make your purchase and the time the order can be fulfilled, and the delay was due to the need for evaluation, investigation, or a document or information solicitation by the GetCoins Compliance Department, or by your delay in providing such additional information or documentation, then you shall be provided the lowest Conversion Rate during the delay period. In other words, if there is a delay caused by you, regulatory requirements, or required GetCoins procedures, you may not receive the amount of virtual currency originally quoted. You will receive the lowest amount of virtual currency in exchange for the amount paid, that existed during the delay period. Ordinarily, there will be little or no difference in the amount of coins delivered, but there are instances where, for example, a delay you cause may last weeks or months, and if the price of the virtual currency you purchased increases, you will only be provided a lower equivalent amount of coins. For example, if you buy $100 of bitcoin on May 1st, and are quoted delivery of 0.0026 bitcoins, but a delay causes bitcoin value to rise, and $100 only buys 0.0013 bitcoins at the end of the delay (e.g. on May 15th), then you will not receive the originally quoted 0.0026 bitcoins, but rather, only the 0.0013 bitcoins (i.e. the appropriate amount of bitcoins for $100 as of the end of the delay).
3.1.1. Virtual Currency Purchase Transactions. After successfully completing the Verification Process proscribed by GetCoins, you may purchase virtual currency from GetCoins, subject to applicable limits established by GetCoins. If your virtual currency purchase is marked as “complete” or “pending” in your digital wallet, you cannot cancel, reverse, or change the order. In connection with any purchase of virtual currency from GetCoins, GetCoins will use good faith efforts to fulfill a purchase order at the applicable Buy Price Conversion Rate quoted on the GetCoins Site or GetCoins Kiosk at the time that you place the order. However, from time to time, it may be necessary for GetCoins to delay fulfillment of a purchase order until such time as we are able to execute the transaction. Or, there may be a necessary delay due to an evaluation, investigation, or document or information solicitation by the GetCoins Compliance Department. In such cases, if the Conversion Rate at the time that you place the order changes, the amount of virtual currency you receive may change. See Section 3.1 (above).
3.1.2. Virtual Currency Sale Transactions. After successfully completing the Verification Process proscribed by GetCoins, you may sell virtual currency to GetCoins, subject to the above-referenced limits. Upon any sale of virtual currency to GetCoins, all settlements or payments by GetCoins for such transactions shall be paid in local fiat currency (e.g., U.S. Dollars) at the applicable Sell Price Conversion Rate quoted on the GetCoins Site at the time that you approved the transaction.
3.2 Kiosk Transactions. Transactions may be done at a kiosk twenty-four (24) hours a day, seven (7) days a week. All transactions will be confirmed in the order in which they were submitted. Upon confirmation, an e-mail or sms text message may (but is not required to) be sent to you. GetCoins encourages all Customers to log into their bitcoin wallet account within twelve (12) hours of initiating a purchase or sale transaction in order to verify the transaction's status and to review all payment procedures and/or transaction history.
3.2.1 Accepted Currency. You may only insert valid U.S. paper bills of the type accepted by a GetCoins kiosk and that are clean, not written on or defaced, not ripped, and not otherwise damaged (“Accepted Currency”). Do not insert foreign currency, antique currency, commemorative currency, currency no longer in circulation, ripped or damaged currency, or any other objects or items other than Accepted Currency. Anything other than Accepted Currency will not be counted and anything inserted into the kiosk may not be returned. Inserting anything other than Accepted Currency into the kiosk may cause errors in count or other malfunctions that may result in the loss of Accepted Currency inserted by you.
3.2.2 Count. The GetCoins kiosk is designed and maintained with a goal of achieving an accurate count of the Accepted Currency that you insert. GetCoins and any affiliate or third-party operator of a kiosk do not guarantee accuracy, however, as errors may occur. Variances may arise because of, among other things, debris inserted into the kiosk, insertion of currency or items other than Accepted Currency, mechanical damage to the kiosk, a software malfunction, a power interruption, or otherwise abnormal operating conditions. If you believe that your currency has been counted inaccurately or have any other questions, please call the third-party operator at the number provided on the applicable kiosk.
3.2.3 Operation of Certain Kiosks. GetCoins operates kiosk in collaboration with affiliates and third-party operators that provide certain services that may or may not be on behalf of GetCoins and/or related to the provisioning and operation of the kiosk. You acknowledge that you may be asked to contact the affiliate of third-party operator for issues related to the function, malfunction, or other operation of the kiosk, including without limitation issues related to inserting currency, currency count, receipt printing and other printing functions, kiosk shutdown or malfunction, and electrical or other facility or infrastructure issues. You agree to follow any instructions provided on the kiosk or on the kiosk screen with respect to any such issues.
3.3 Online Transactions. Transactions may be done online twenty-four (24) hours a day, seven (7) days a week. You can load funds into your online (OTC) Account using a bank transfer (or other payment methods available on the Site), and your GetCoins Account will show the funds once we have received them. You may only load your own funds, from your own account, using the bank account information you provided at registration, and not from any third party account. When funds are loaded into your Account you will be able to see the funds on your private Dashboard. Your Account is not a custodial, deposit or investment account. GetCoins will only hold funds received from customers from a designated bank account with a regulated financial institution. Funds placed in a GetCoins customer account for purchases will not earn any interest.
3.3.1 Registration of GetCoins Online (OTC) Account. To use the GetCoins Online (OTC) Service, you will need to register for a GetCoins online account (an "OTC Account") by providing your name, email address and a password and accepting the terms of this Terms of Service Agreement.
By using a GetCoins Account, you agree and represent that you will use the GetCoins Service only for yourself, and not on behalf of any third party, unless you have obtained prior approval from GetCoins in accordance with the provisions of this Agreement. It is recommended that each customer register only one GetCoins account. You are fully responsible for all activity that occurs on and under your GetCoins Account. We may, in our sole discretion, refuse to open an OTC Account for you, or suspend or terminate your OTC Account (including but not limited to multiple or duplicate accounts) or suspend or terminate the trading of specific digital currency in your account.
Loading Funds. You can load funds into your GetCoins Online (OTC) Account using a bank transfer of funds (or other payment methods available on the Site, as and if they become available), and your GetCoins OTC Online Account will show loaded funds once we have received them. You may only load your own funds, from your own bank account, using the bank account information you provided at registration, and not from any joint, pooled or third party account. When funds are loaded into your GetCoins Online (OTC) Account you will be able to see the funds on your private Dashboard. The GetCoins Online (OTC) Account is not a custodial, deposit or investment account. GetCoins will only allow funds that are received from customers from a designated bank account with a regulated financial institution to show on a customer’s dashboard for their account. Customer funds reflected in a GetCoins customer OTC Account will not earn any interest.
3.3.2 Purchase of Digital Currency. You may purchase supported digital currency by using the funds available to you and shown on the dashboard of your GetCoins Online (OTC) Account. To carry out a digital currency transaction using your funds, you must follow the relevant instructions on the Site. A digital currency transaction using your funds should normally be settled no later than one business day after we receive your instructions. You authorize Us to debit funds from your GetCoins online (OTC) Account consistent with your instructions. Although we will attempt to deliver digital currency to you as promptly as possible, funds may be debited from your GetCoins Online (OTC) Account before digital currency is delivered to your digital currency wallet.
3.3.3 Receipt of Instructions. If we receive instructions from you to purchase digital currency using funds in your account on a non-business day or after 4:30 pm (Eastern Time) on a business day, we may treat those instructions as if they were received by us on the following business day.
3.3.4 No Revocation. When you give us instructions to carry out a digital currency transaction using your available funds, you cannot withdraw your consent to that digital currency transaction unless the digital currency transaction has not occurred.
3.3.5 Unsuccessful Payments. If a payment to load funds into your GetCoins Online (OTC) Account is not successful, the GetCoins platform will not allow you to conduct a digital currency transaction. You are responsible for maintaining an adequate balance in order to conduct the transactions you wish to do.
3.3.6 Online (OTC). Account Information. You will be able to see your GetCoins Online (OTC) Account funds availability and your transaction history using your dashboard, including (i) available balance; (ii) total virtual currency purchased the current month; (iii) last deposit amount (into personal account) , and when it expires; (iv) last buy; and, (v) transaction history (i.e. Transaction Type, Date, Currency, Account, Amount and Status).
3.3.7 Unauthorized and Incorrect Transactions. Where a purchase of digital currency is initiated from your GetCoins Online (OTC) Account using your dashboard with your credentials, GetCoins will assume that you authorized such transaction(s), unless you notify us otherwise.
If you believe that a transaction using your GetCoins Online (OTC) Account has been carried out that you did not authorize (an “Unauthorized Transaction”), or if you have reason to believe that a transaction using your GetCoins Online (OTC) Account has been incorrectly carried out or is not complete (an “Incorrect Transaction”), you must contact GetCoins as soon as possible, and in any case no later than 1 month after the Unauthorized Transaction or Incorrect Transaction occurred. It is important that you regularly check your account balance and your transaction history to ensure any Unauthorized Transactions or Incorrect Transactions are identified and notified to us at the earliest possible opportunity.
We are not responsible for any claim for Unauthorized Transactions or Incorrect Transactions unless you have notified us in accordance with this Section 3.3.7, in which case Section 3.3.8 below sets out our respective responsibilities. As further described in Section 18.104.22.168 below, we are not responsible for any claim for Unauthorized Transactions or Incorrect Transactions if you have acted fraudulently, intentionally or with gross negligence and this has resulted in the Unauthorized Transactions or Incorrect Transactions.
During any investigation of any actual or potential Unauthorized Transactions or Incorrect Transactions, we reserve the right to suspend your GetCoins Online (OTC) Account to avoid further losses.
3.3.8 Refund Rights.
(A) Unauthorized Transactions - GetCoins Online (OTC) Account.
If an Unauthorized Transaction occurs in your GetCoins Online (OTC) Account as a result of our failure, we will refund you the amount of that transaction within 90 days after becoming aware of the Unauthorized Transaction and any investigation required to establish that the transaction was one that you did not authorize, and restore your GetCoins Online (OTC) Account to the state it would have been in had the Unauthorized Transaction not taken place. Generally, you will not be liable for losses incurred after you have notified us of the Unauthorized Transaction or if we have failed at any time to provide you with the means for notifying us.
You will be liable for any and all losses you incur with any Unauthorized Transaction on your Account which arises from the use of lost or stolen credentials (for example when you have failed to keep the login details for your Account secure), and if you are fraudulent, or you intentionally or negligently fail to carry out your obligations under this Agreement and this results in Unauthorized Transactions in your Account (for example, if you deliberately share your email and password with a third party, or are grossly negligent in keeping your email and password secure.
Where there is a dispute between GetCoins and you regarding whether or not a transaction is an Unauthorized Transaction, we may suspend your Account pending a final determination. Where we determine that the transaction was authorized, we may correct errors made in any statement of your GetCoins Online (OTC) Account without prior notice to you, although please note that during this period your GetCoins Online (OTC) Account may be temporarily suspended or locked to avoid further Unauthorized Transactions. You will also be liable to us (as a debt) for any crypto currency you have transferred which was credited to your GetCoins Online (OTC) Account.
(B) Incorrect Transactions - GetCoins OTC Account.
Where an Incorrect Transaction is made in your GetCoins Online (OTC) Account as a result of our action or error we shall refund to you the amount of that transaction without undue delay and restore your GetCoins Online (OTC) Account to the state in which it would have been had the Incorrect Transaction not taken place. We will also endeaver to provide you with reasonable notice where possible. We will also pay any charges for which we are responsible, and for any interest which you can show that you have had to pay as a consequence of any Incorrect Transaction. Irrespective of our liability, on your request, we shall try to trace any Incorrect Transaction initiated by you free of charge. However, we cannot guarantee that we will be able to trace such transactions.
3.3.9 Acceptable Methods of Payment – Customer Purchase Transaction. GetCoins may choose to accept any of the following methods of payment for Customer Purchase Transactions: Cash (Kiosk); Pre-Funding purchases by wire transfer via your Bank Account (Online). You agree that yourr online account for trades with GetCoins is not a deposit or custodial account. GetCoins does not hold the funds on your behalf for any purpose other than to allow you to purchase virtual currency, and then, any funds in your account and in your sole control, may only be used for transactions done within 48 hours after your wired funds have been verified. You have control via your account dashboard of the use or non-use of those funds for 48 hours. Specifically, for online trades, your account is in your control for funding, and, any unused portion of the pre-funded amount not used for purchases will be returned to the bank account (i.e. your bank account) you provided on registration, after 48 hours of the time you pre-funded and the funds were verified. GetCoins reserves the right to choose to accept or refuse any method of payment, at any time, at its sole discretion.
3.3.10 Refunds. Virtual currency transactions are irreversible. Therefore, GetCoins is not responsible for issuing refunds regardless of whether the customer was the victim of fraud, mistake or loss of private key. In all other instances, please refer to the GetCoins Consumer Protection and Refund Policy.
3.4. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your receipt or transfer of a virtual currency (e.g. Bitcoin), and/or to the transactions you conduct through the GetCoins Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
3.5. Limits. GetCoins imposes limits on the value of virtual currency that you may buy or sell in a day. GetCoins reserves the right to change posted limits as we deem necessary and/or appropriate. GetCoins does not guarantee the availability of its services. If you purchase virtual currency from GetCoins, we do not guarantee that you may sell your virtual currency to GetCoins. If you wish to raise your limits beyond eligible or posted amounts, submit a request to [email protected] . We may require you to submit additional information about yourself and/or your business, provide records, source of funds, beneficial ownership information, arrange for telephone (audio or video) conferences and/or meetings with GetCoins staff (the “Enhanced Due Diligence Process”). GetCoins reserves the right to charge you any costs or fees associated with its Enhanced Due Diligence Process, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed the Enhanced Due Diligence Process.
3.6. Conversion Spreads. GetCoins does not charge a fee, but the rate at which the virtual currency is sold to or purchased from a customer includes a “spread” (i.e. the difference between the market price of a virtual currency and the price GetCoins is selling the virtual currency to you, or buying the virtual currency from you. Each transaction is subject to this spread, which serves to compensate GetCoins for operational, compliance, transfer, third-party and administrative costs, and, applicable bank fees (if any). GetCoins will not process a conversion if a fixed transfer fee exceeds the value of your transaction. The amount of virtual currency you are buying/selling will be displayed to you on the GetCoins Site or kiosk screen prior to your confirmation of a transaction.
3.7.1. You agree to pay for any virtual currency purchase made upon confirmation of an order, regardless of changes in the applicable Conversion Rate prior to completion of the purchase transaction, with such payment to be made in good funds in the amount calculated in the manner specified herein.
3.7.2. Prior to the completion of any transaction, we reserve the right to refuse to cancel any proposed purchases or sales of virtual currency or deliveries to or from your digital wallet(s) in our sole discretion, including but not limited to instances where GetCoins suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime, in response to a subpoena, court order, or other government order, or if GetCoins suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. GetCoins will cancel the transaction before execution and we are under no obligation to allow you to reinitiate a purchase or sale order at the same price or on the same terms as the cancelled transaction. This Section 3.7.2 does not apply to completed transactions.
3.7.3. Once a transaction is completed, the transaction is permanent and irreversible. You cannot withdraw from a transaction to buy or sell virtual currency once you have agreed to the terms of a transaction with GetCoins, even if the price of a virtual currency fluctuates. GetCoins has no control over the market price for virtual currencies.
4. General Use, Prohibited Use, and Termination.
4.1. General Use.
4.1.1 Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the GetCoins Site, and the content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for informational, transactional, or other approved purposes as permitted by GetCoins from time to time. Any other use of the GetCoins Site or Content is expressly prohibited. All other rights in the GetCoins Site or Content are reserved by us and our licensors. We reserve all rights in the GetCoins Site and Content and you agree that this Agreement does not grant you any rights in or licenses to the GetCoins Site or the Content, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the GetCoins Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the GetCoins Site or Content (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. If you violate any portion of this Agreement, your permission to access and use the GetCoins Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation. “GetCoins.com”, “GetCoins”, and all logos related to the GetCoins Services or displayed on the GetCoins Site are either trade names, trademarks or registered marks of GetCoins or its licensors. You may not copy, imitate or use them without GetCoins’ prior written consent.
4.1.2. Website Accuracy. We intend to provide accurate and timely information on the GetCoins Site. However, the GetCoins Site may not always be accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the GetCoins Site are your sole responsibility and we shall have no liability for such decisions.
4.1.3. Third-Party Materials. From time to time, the GetCoins Site may contain references or links to third-party materials and third-party applications which are not controlled by us. Such information, links, and third-party applications are provided as a convenience to you. Such links should not be considered endorsements and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the GetCoins Site.
4.1.4. Customer Accounts and Assets. You hereby certify to us that any funds used by you in connection with the GetCoins Services are either owned by you or that you are validly authorized to transfer such funds. In particular, you acknowledge that GetCoins may not be a qualified custodian under applicable law, and represent that your use of the GetCoins Services is in compliance with any applicable requirements governing the maintenance and use of fiduciary accounts and custodial assets.
4.2. Prohibited Use. In connection with your use of the GetCoins Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to cancel and/or suspend your GetCoins Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with Prohibited Use and/or a Prohibited Business.
The following categories of businesses, business practices, and sale items are barred from GetCoins Services (“Prohibited Businesses”). By using the GetCoins Services, you confirm that you will not use GetCoins Services to accept payments in connection with the following businesses, activities, practices, or items:
- Money laundering or terrorist financing
- Human trafficking
- Sale of illegal substances and products
- Sale or trafficking of human organs and weapons
- Counterfeit products and replicas
- Prostitution, pornography, bestiality, rape, hate, violence, or incest
- Child abuse imagery and child pornography
- Hacking and cracking materials
- Unlicensed lotteries
- Fake credentials, fake academic papers, etc.
- Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler’s checks, and escrow services
- Counterfeit products or any product or service that infringes upon the copyright, trademark, or trade secrets of any third party
- Stolen goods
- Narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs
- Sports forecasting or odds making
- Prostitution or illegal escort services
- Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same
- Funding any of the items included on this Prohibited Businesses list
- Extortion, blackmail, or efforts to induce unearned payments
- Unlicensed sale of firearms and certain weapons
- Engaging in deceptive marketing practice
- Any business that violates any law, statute, ordinance or regulation
In addition, by using the GetCoins Services, you confirm that you will not do any of the following:
- Violate or assist any party in violating any law, statute, ordinance, regulation, or any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, or consumer protections)
- Partake in a transaction which involves the proceeds of any unlawful activity;
- Partake in any transaction involving online gambling;
- Defraud or attempt to defraud GetCoins or other GetCoins Service users;
- Infringe upon GetCoins’ or any third party’s copyright, patent, trademark, or intellectual property rights;
- Provide false, inaccurate, or misleading information;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
- Interfere with another individual’s or entity’s access to or use of any of the GetCoins Services;
- Defame, abuse, harass, stalk, threaten, or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
- Publish, distribute, or disseminate any unlawful material or information;
- Transmit or upload any material to the GetCoins Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
- Harvest or otherwise collect information from the GetCoins Site about others, including without limitation email addresses, without proper consent;
- Act as a payment intermediary or aggregator or otherwise resell any of the GetCoins Services, unless expressly authorized by GetCoins in writing;
- Transfer any rights granted to you under this Agreement;
- Use the GetCoins information of another party to access or use the GetCoins Services or GetCoins Site;
- Otherwise attempt to gain unauthorized access to the GetCoins Site, other GetCoins accounts, computer systems or networks connected to the GetCoins Site, through password mining or any other means; or
- Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law.
4.3. Export Controls & Sanctions. The supply of Bitcoin and the GetCoins Services through the GetCoins Site is subject to United States laws and regulations. By acquiring any such items through the GetCoins Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire virtual currency or any of the GetCoins Services through the GetCoins Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List, Unverified List, Entity List HM Treasury’s financial sanctions regime; or (2) you intend to supply the acquired virtual currency or GetCoins Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.
4.4. Suspension, Termination, and Cancellation. GetCoins may: (a) suspend, restrict, or terminate your access to any or all of the GetCoins Services, and/or (b) deactivate, close or cancel your GetCoins Account if:
- We are so required by a valid subpoena, court order, or order of a government authority;
- We have reason to believe you are using your GetCoins Account in connection with Prohibited Business or Prohibited Use;
- We are notified that your GetCoins Account is subject of or to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity;
- Our Service Partners are unable to support your use; or
- We have reason to believe that you are circumventing GetCoins’ controls, including, but not limited to, opening multiple GetCoins Accounts or abusing promotions which GetCoins may offer from time to time.
Subject only to the GetCoins Consumer Protection and Refund Policy, you will not be charged for canceling your GetCoins Account and will only be required to pay for those GetCoins Services used that are subject to charges. If any transaction is in a pending status at the time your GetCoins Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your GetCoins Account to evade an investigation or avoid paying any amounts otherwise due to GetCoins.
If you fail or refuse to provide information required by law or regulation, or required by GetCoins to establish who you are or what your source of your funds are, you will not be allowed to complete a transaction – even if you have already provided payment.
DO NOT INITIATE A TRANSACTION OR PROVIDE PAYMENT IF YOU ARE NOT WILLING OR ABLE TO PROVIDE INFORMATION OR DOCUMENTATION THAT WILL ESTABLISH WHO YOU ARE OR WHAT THE SOURCE OF YOUR FUNDS ARE WHEN YOU USE THE GETCOINS SERVICES.IF YOU DO SO, AND THEN LATER FAIL OR REFUSE TO PROVIDE REQUIRED INFORMATION OR DOCUMENTATION, YOUR TRANSACTION WILL BE GOVERNED BY THE TERMS OF THE GETCOINS Consumer Protection and Refund Policy.
Upon cancellation of your GetCoins Account, you authorize GetCoins to cancel or suspend pending Conversion Service transactions and hold the funds associated with such transactions until GetCoins is certain that funding reversal windows are complete. In the event that you or GetCoins terminates this Agreement or your access to the GetCoins Services, or deactivates or cancels your GetCoins Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, GetCoins may temporarily suspend access to your Account until the problem is resolved.
4.5. Electronic Delivery of Communications. You agree to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your GetCoins Account and your use of GetCoins Services. Communications include:
- Account details, transaction receipts, confirmations, and any other Account or transaction information;
- Legal, regulatory, and tax disclosures or statements we may be required to make available to you;
- Responses to claims or customer support inquiries filed in connection with your Account; and
- Occasional advertisements regarding discounts and other promotional material.
We will provide these Communications to you by posting them on the GetCoins website, emailing them to you at the primary email address listed in your GetCoins profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
GetCoins SMS Communications:
- By providing your phone number to GetCoins, you consent to receive one or more automated texts at the phone number from which you texted or at the phone number you provided.
- We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.
SMS MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
- Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
- By subscribing or otherwise using the GetCoins Service, you consent to receive two-factor authentication texts to confirm your identity at our Kiosk network and transaction receipts.
- By subscribing or otherwise using the GetCoins Service, you acknowledge and agree that we will have the right to change and/or terminate the Service at any time, with or without cause and/or advance notice.
4.6. Hardware and Software Requirements. In order to access and retain electronic Communications, you will need the following computer hardware and software:
- A device with an Internet connection;
- A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
- A valid email address (your primary email address on file with GetCoins); and
- Sufficient storage space to save past Communications or an installed printer to print them.
5. Our Relationship with You.
5.1. Relationship of the Parties. GetCoins is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and GetCoins to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or GetCoins to be treated as the agent of the other.
5.2. Service Providers. From time to time, GetCoins may engage third parties to assist GetCoins in providing certain aspects of the GetCoins Services (each, a “Service Provider”). Service Providers may include, but are not limited to, GetCoins’s banking partners and technology or engineering service providers.
5.4. Privacy of Others; Marketing. In the unlikely scenario that you obtain information about another user through the GetCoins Services, you must keep the information confidential. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so.
5.5. Password Security and Keeping Your Contact Information Current. You are responsible for maintaining adequate security and control of any IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the GetCoins Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your digital wallet, your GetCoins account information and the loss or theft of your virtual currency. You are responsible for keeping your information up to date in your GetCoins account in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your GetCoins account information has been compromised, contact GetCoins Support immediately at [email protected] .
5.6. Consent to Electronic Records. By using the GetCoins Services, you agree that GetCoins may provide you with any notices or other communications about your GetCoins account and the GetCoins Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the GetCoins Site. For notices made by SMS or email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your account and it will be cancelled.
5.7. Notices to GetCoins. We prefer receiving notices to GetCoins electronically through our support system at [email protected] .
6. Customer Feedback, Queries, and Complaints
6.1. Contact GetCoins. If you have any feedback, questions, or complaints, contact us via our Customer Support email address at [email protected] .
6.2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 24 hours of its receipt by our Customer Support email at [email protected] . Your complaint will be reviewed without prejudice based on the information you have provided and any information provided by GetCoins. Within two weeks of our receipt of your complaint GetCoins will address your complaint by sending you an e-mail (“Resolution Notice”) in which the GetCoins will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. Upon receipt of the Resolution Notice, you will have 10 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint.
6.3. Offers. Any offer made under this Section 6 will only become binding on GetCoins if you accept the offer by following the instructions provided by GetCoins within the stated timeframe. Any offer under this Section 6 will not constitute any admission by GetCoins of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will (1) not file a claim, proceeding or legal action in any competent court against GetCoins regarding the subject matter of the complaint; (2) post or verbally make any mention of the complaint (or its subject matter) on the internet or any social media; and (3) will withdraw and remove any prior posting, claims or complaints made (or its subject matter) on the internet or any social media.
6.4. Claims. This provision only applies to consumers. You agree to use the complaints procedure of this Section 6 before filing any claim, proceeding or legal action. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint, and, will be an admission of your willingness to reimburse GetCoins for any value provided to you as a means of resolving your claim.
7. General Provisions.
7.1. Limitations of Liability
(A) IN NO EVENT SHALL GETCOINS, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE GETCOINS SITE, THE GETCOINS SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
(B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION 7.1(A) WITH RESPECT TO CONSUMERS, SECTION 7.1(A) ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.
(C) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY GETCOINS PARTIES (I.E. ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES)BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
7.2. Computer Viruses. GetCoins shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from GetCoins. Always log into your GetCoins Account through the GetCoins Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
7.3 AML/KYC Compliance. As a registered Money Services Business, GetCoins maintains an internal Anti-Money Laundering and Know Your Customer compliance program (“AML/KYC Program”). The GetCoins AML/KYC Program is a risk-based program founded on requirements of the Bank Secrecy Act, other anti-money laundering laws and implementing regulations, and guidance promulgated by the Financial Crimes Enforcement Network. This AML/KYC Program may be updated from time-to-time, including the procedures that GetCoins uses to verify its customers’ identities and determine source of funds for transactions.
7.4. No Warranty.
(A) THE GETCOINS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. GETCOINS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GETCOINS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE GETCOINS SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE. OPERATION OF THE GETCOINSE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE VIRTUAL CURRENCY MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF VIRTUAL CURRENCY AS DENOMINATED IN ANY QUOTED CURRENCY. ALTHOUGH WE MAY PROVIDE HISTORICAL AND/OR REAL-TIME DATA REGARDING THE PRICE OF VIRTUAL CURRENCY, WE MAKE NO REPRESENTATIONS REGARDING THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF SUCH DATA, AND YOU SHOULD NOT RELY ON SUCH DATA FOR ANY REASON WHATSOEVER. YOU UNDERSTAND AND AGREE THAT THE VALUE OF ANY VIRTUAL CURRENCY, INCLUDING BITCOIN, CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY ANY VIRTUAL CURENCY, INCLUDING BITCOIN, EVEN IF THE GETCOINS SERVICES ARE DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON. FURTHER, GETCOINS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF THE COINSOURCE SERVICES OR ANY MATERIALS CONTAINED THEREIN. GETCOINS WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR BUYS AND SELLS ARE PROCESSED IN A TIMELY MANNER BUT GETCOINS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE THE GETCOINS SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BLOCKCHAIN.
(B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION 7.3(A) WITH RESPECT TO CONSUMERS, SECTION 7.3(A) ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.
7.5. Indemnification. You agree to indemnify and hold GetCoins, its affiliates and Service Providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of this Agreement, (ii) your use of GetCoins Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.
7.6. Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and GetCoins as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind and every nature between and among you and GetCoins.
7.7. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GetCoins without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the GetCoins Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. In the event that GetCoins is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
7.8. Severability. If any provision of this Agreement shall be determined to be unenforceable under any rule, law or regulation of any governmental agency, such provision will be interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
7.9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, GetCoins Account cancellation, debts owed to GetCoins, general use of the GetCoins Site, disputes with GetCoins, and general provisions, shall survive the termination or expiration of this Agreement.
7.10. Arbitration. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with GetCoins and limits the manner in which you can seek relief from GetCoins. Both you and GetCoins acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, GetCoins’ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Clark County, Nevada. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
You agree and acknowledge that you and GetCoins will use binding arbitration to resolve all disputes and claims that may arise. Included within the scope of this agreement for binding arbitration are all disputes, whether based on tort, contract, statute, equitable law, or otherwise. All rules of pleading (including the right of demurrer or dismissal), all rules of evidence, all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings, and judgment under Code of Civil Procedure of the State of Nevada shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of "just cause") other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged and/or confidential, as applicable. Awards shall include the arbitrator's written reasoned opinion.
YOU UNDERSTAND THAT BY VOLUNTARILY AGREEING TO THIS BINDING ARBITRATION PROVISION THAT YOU AND GETCOINS GIVE UP THEIR RIGHTS TO TRIAL BY JURY. ANY CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST GETCOINS.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All disputes or claims shall be resolved finally and exclusively by binding arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. You agree that any arbitration hearing will occur in Las Vegas, Nevada, or another mutually agreeable location. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. All arbitration fees will be paid by both parties in equivalent amounts. The prevailing party on any dispute or claim, for which a party is legally entitled to attorney’s fees, may recover those fees from the arbitrator. For purposes of this arbitration provision, references to you and GetCoins also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of GetCoins Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in Las Vegas, Clark County, Nevada, or jurisdiction of federal court located in the State of Nevada.
(b) Small Claims Court; Infringement. Either you or GetCoins may assert claims, if they qualify, in small claims court in Clark County, Nevada or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a Party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(c) Waiver of Jury Trial. YOU AND GETCOINS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and GetCoins are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and GetCoins over whether to vacate or enforce an arbitration award, YOU AND GETCOINS WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(d) Waiver of Class or Consolidated Action(s). ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
7.11. Governing Law, Venue and Jurisdiction. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Nevada. The venue for any proceeding or legal action brought by you shall be in Clark County Nevada, without regard to the conflicts of laws provisions thereof. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
7.12. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, pandemic, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
7.13. Section Headings. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.