BitRail User Agreement
Effective as of October 6th, 2020
This is a legal contract containing terms binding on you including the following:
- limitations on our liability;
- our ability to place holds on your transactions that delay your access to your funds;
- your agreement not to pursue claims against us for disputes you have with third parties with whom you enter into direct agreements as you use our website;
- an agreement by you to reimburse us for damages that you cause to us and others due to your violations of this contract;
- an agreement by you to resolve all claims by binding arbitration in Georgia under Georgia law instead of having a jury trial or other trial in your local court.
Please read this contract carefully and do not check “I Agree” unless you agree to its terms. If you check “I Agree,” this contract becomes binding on you even if you have not read it.
- DEFINED TERMS
The following capitalized terms when used in this Agreement including in the BitRail Account Terms have the meanings set forth below:
“ACH” means an electronic transfer transaction via the automated clearinghouse system used among U.S. banks.
“Affiliate” means, with respect to an entity, another entity or individual that now or later owns, is owned by or is under common ownership or control with, directly or indirectly, the first entity. For the purposes of the foregoing, “own”, “owned”, or “ownership” means ownership, either directly or indirectly, of fifty percent (50%) or more of the shares or other equity interests entitled to vote for the election or directors or an equivalent body, or the ability to direct the same by contract or agency or similar arrangement.
“Applicable Law” means all laws, statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory agency applicable to us or you in your use of the Site or the Services, including without limitation those relating to: (i) payment processing and other financial services; (ii) US Sanctions Law; (iii) the collection, use or storage of personally identifiable information; (iv) use of your telephone number by us, including the Telephone Consumer Privacy Act; (v) electronic communications between you and us; (vii) consumer protection laws; (viii) ownership of any Intellectual Property; and (ix) taxation of any individual or entity.
“Authorized User” means an individual whose identity has been verified by BitRail who holds a BitRail Account.
“Bank” means the U.S. financial institution at which an Authorized User maintains his or her applicable Bank Account.
“Bank Account” means a dollar-denominated consumer deposit account maintained at a U.S. bank.
“BitRail Account” means an account held by an Authorized User, composed of one or more Vaults.
“BitRail Account Terms” means the account terms for your BitRail Account located at BitRail Account Terms, which is hereby incorporated into this Agreement.
“BitRail Electronic Communications Policy” means the BitRail Electronic Communications Policy, which is hereby incorporated into this Agreement.
“BitRail Parties” means BitRail, its Affiliates (other than GunBroker), and their respective officers, directors, employees, agents and third party licensors.
“Coins” means the applicable denominations of participating cryptocurrencies.
“Coin Provider” means either the issuer of Coins or an exchange at which you maintain a Coin account, in either case who participate in the BitRail Site. In the case of FreedomCoins, BitRail is the Coin Provider.
“Content” means materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (in whatever form or medium), displayed on or accessible through the Site.
“Fees” means the fees for the Services offered on the Site as described in on the BitRail Fees page, as well as under the BitRail Account Terms.
“GunBroker.com” means GunBroker.com, LLC, an Affiliate of BitRail that offers a Host Site.
“Holds” means a temporary stop that BitRail may impose under certain circumstances, at any level including your entire BitRail Account, Vault or at Transfer level. As described further in the BitRail Account Terms, this may be done while we verify certain information and/or for purposes of our legal compliance, including with US Sanctions Laws.
“Host Site” means a third party website or mobile application on which Payors and Payees who are authorized Users transact business.
“Intellectual Property” means any and all rights of a party in and to such party’s patents, copyrights, trademarks, trade secrets, trade dress, mask works, publicity rights and other such rights, existing, from time to time, in any applicable jurisdiction under patent law, copyright law, moral rights law, trade secret law, semiconductor chip protection law, trademark law, service mark law, unfair competition law, or other similar Applicable Law.
“Losses” means liability, losses, damages, judgments, costs and/or expenses (including reasonable attorneys’ fees) incurred by a party.
“Payee” means an Authorized User to whom you make a Transfer via the Site.
“Payor” means an Authorized User who makes a Transfer to you via the Site.
“Rewards Program” means the BitRail Rewards Program, under the terms of the BitRail Rewards Program Terms and Conditions, which is hereby incorporated into this Agreement in its entirety.
“Services” means the services made available through the Site, such as the ability to establish BitRail Accounts and use the Website Payments System as a means of making payments on a Host Site. The term Services does not include any services or activities provided or undertaken by Third Party Financial Providers.
“Site” means www.bitrail.io and its subdomains.
“Site Data” means all data and information contained on the Site or in BitRail systems.
“Support System” means the support system for Users of the Site available at https://www.bitrail.io/Support/.
“Third Party(ies)” means Payors, Payees, Host Sites, and Third Party Financial Providers.
“Third Party Financial Provider(s)” means a bank at which you maintain a Bank Account or a Coin Provider (in the latter case, other than BitRail with respect to FreedomCoins).
“Transfer” means your instruction to transfer either money or Coins from one of your Vaults to another Authorized User, or an instruction by another Authorized User to transfer either money or Coins to one of your Vaults.
“User” means a person or company that has completed the registration process for use of a service provided through the Site.
“User Information” means all information you provide to us about you, including without limitation, the information such as your name, address, mobile phone number and email address provided at the time of registration, information provided by you for identity verification under Section 8, Bank Account information, and all other information associated with your BitRail Account. User Information may include information about a corporate entity that you represent or control, which is used by BitRail in creating Vaults for your convenience, but does not create any legal relationship between BitRail and such corporate entity.
“US Sanctions Law” means all U.S. laws regarding transactions with embargoed jurisdictions and/or prohibited persons, as well as export controls including persons on any of the following lists: (i) persons or companies located in embargoed jurisdictions listed at https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx; (ii) persons or companies appearing on lists of Specially Designated Nationals listed at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx (each of (i) and (ii), as updated from time to time by the US Department of Treasury Office of Foreign Assets Control); (iii) persons or companies appearing on lists of denied persons listed at https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/denied-persons-list, as administered by the US Department of Commerce; or (iv) any other U.S. statute, regulation or executive order prohibiting such transactions by US persons and companies.
“Vault” means a sub-account of a BitRail Account, which may be established for various purposes (i.e. different lines of business), consisting of one or more of the following: dollar deposits, Coin deposits, and Bank Accounts.
“Vault Handle” means the User name associated with a specific Vault.
“Website Payments System” means the electronic payments system using FreedomCoin® powered by BitRail, which allows Users to initiate ACH payments from their Bank Accounts on Host Sites that elect to facilitate such payments.
“Yodlee Interface” means the optional interface between BitRail and the User’s Bank Account facilitated by BitRail’s service provider Envestnet | Yodlee.
- SITE AND SERVICES FOR USE BY U.S. RESIDENT INDIVIDUALS OVER 18 YEARS OF AGE ONLY
The Site and Services are hosted on servers located in the United States and are intended only for individuals resident in the United States or one of its territories who are over the age of 18. If you are not resident in the United States (or one of its territories) or under the age of 18, please do not use the Site or Services. If you are not a U.S. resident (or resident of one of its territories) or under the age of 18, BitRail hereby rejects any registration for an account that you submit (though this Agreement shall govern any dispute between you and us, to the maximum extent permitted by Applicable Law).
At this time, BitRail does not permit the registration or use of corporate accounts. Even if you are using the Site and Services in support of a corporation or other entity that you represent or control, your BitRail Account is personal to you (and you agree not to assert otherwise in any dispute with us). You must be a natural person to establish a BitRail Account and the identity of all applicants for an account is verified on an individual basis only, and you must supply an individual name and address of residence in order to obtain an account. Please see the BitRail Account Terms for a description of how you may associate the name of a corporation or other business with your individual BitRail Account and/or Vaults, which we allow solely for your convenience.
- BITRAIL ACCOUNTS – IDENTITY VERIFICATION, ACCOUNT OPENING, SUSPENSION AND TERMINATION
Opening and Funding Accounts
The BitRail Account Terms describe how you may open, fund and begin using your BitRail Account.
You acknowledge and agree that to the fullest extent permissible under applicable law:
- even if your identity is successfully verified, depending on the actions and speed of the your Bankfinancial institutions and/or coin or other digital currency providers you link to your account, it normally takes up to three (3) business days from the date you first register until the first date you may use your account to purchase items on a Host Site, though longer delays are possible, depending on your Third Party BankFinancial Institution’s policies and operations and/or any necessary Holds on the BitRail Account or the specific Transfer. This may be the case even if you opt to use the Yodlee Interface described below.
- BitRail is not responsible for any such delays.
- You will not seek to hold responsible or assert any claim against the host site in connection with any such delays, or for any other dispute between you and BitRailbitrail.
If you choose to use the Yodlee Interface, you will input your login and password to your Bank Account to our Site as if you were logging into your Bank Account over the Internet. Please note that BitRail does not receive, and has no access to, your login and/or password to your Bank Account at any time.
The Yodlee Interface allows BitRail visibility into your Bank Account, but is not involved in the actual Transfers between your BitRail Account and your Bank Account. Having visibility into your Bank Account allows BitRail to avoid the time-consuming process of verifying your Bank Account through micro-Transfers (though funding your BitRail Account through Transfers may still be subject to the delays described above).
Suspension and Termination
Subject to your rights to obtain amounts belonging to you held on deposit in a BitRail Account under these BitRail Account Terms (or under any non-waivable rights you may have under Applicable Laws), BitRail reserves the right in its discretion to: (i) reject any registration for a BitRail Account by any person; (ii) suspend the right of any User or accountholder to access and/or use the Site and Services, with or without notice and for any length of time; or (iii) terminate the BitRail Account of any of your Authorized Users upon notice to you. While BitRail need not provide you with a reason for such actions, these actions may be taken if for example BitRail’s anti-fraud or legal compliance programs or monitoring detect possible fraud or other violations of this Agreement. If we believe your actions may cause us or other Users legal liability, harm, or loss, we reserve the right to notify other Users, Third Parties, government authorities and other third parties of your actions.
Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Site or the Services in any way, your only recourse is to immediately: (i) discontinue use of the Site and Services; (ii) terminate your BitRail Account; and (iii) notify us of such termination. You may terminate your agreement with us and your account only if you do not have active transactions on the Site and if your BitRail Account is paid in full. At any such time, you may terminate your agreement with us and your BitRail Account by notifying us in accordance with the “Notices” section below.
In addition, your BitRail Account may be deemed inactive and/or closed if there is no activity on your BitRail Account for a period of (1) year. In the event your BitRail Account is closed or terminated, it will be marked inactive in our systems, during which time we may retain your User Information or transaction history except where prohibited by Applicable Laws. We will also make reasonable efforts to return any balance in your BitRail Account to your bank account, as further described in the BitRail Account Terms.
- FEES, HOLDS AND LIMITS; OVERDUE ACCOUNTS AND TAXES
Fees, Holds and Limits
You agree to pay the applicable Fees for using the Site and Services, and you understand that except to the extent prohibited under Applicable Law, ALL FEES PAID TO US ARE NON-REFUNDABLE. A complete description of the applicable Fees , as well as the holds and limits applicable to BitRail Accounts, are set forth in the BitRail Account Terms.
Maximum Transfer Amounts:
Maximum value allowed per transaction: $5,000
Maximum ACH transfer allowed per transaction: $5,000
Maximum ACH transfer allowed per day: $9,500
Overdue Accounts and Offsets
By opening a BitRail Account, you hereby authorize us to charge your account for any Fees you accrue as a result of using the Site and Services. You authorize us to consolidate balances from any duplicate BitRail Accounts you may have created on our Site. You may revoke your authorization by sending us a written request as set forth under the “Notices” Section below.
If the balance in your BitRail Account becomes negative for any reason, that negative balance represents an amount that you owe to BitRail and the use of your BitRail Account may be suspended until you pay the balance to us. BitRail may deduct these amounts from funds that are added to your BitRail Account later, either by you or from payments you receive. If you have more than one BitRail Account, we may offset or credit a negative balance in one BitRail Account by debiting the funds in another BitRail Account. If you continue using your BitRail Account when it has a negative balance, you hereby authorize BitRail to apply funds to the negative balance with by debiting or accessing funds from any transaction sent from such other BitRail Account provided that we will disclose such debit or transaction prior to initiating it.
As security for the performance of your obligations under this Agreement, you grant us a security interest in and to your BitRail Account, including with respect to the balance of all deposits and transactions conducted through such account.
Our Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. We are not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.
- LICENSE AND OWNERSHIP
- RESTRICTIONS ON THE USE OF THE SITE
In addition to the other restrictions set out in this Agreement, you agree that you shall not:
Register for an account under any name but your own legal name, or otherwise provide false or misleading information during the registration process, in interactions with BitRail representatives or otherwise via the Site;
Register for or use the Site or Services if you are not resident in the United States or one of its territories;
Register for or use the Site if you are under the age of 18;
Register for or use the Site or Services if you are on the Excluded Parties List System, the Specially Designated Nationals List, or the Denied Persons List, or any other lists maintained by the U.S. federal government which prohibits or restricts participating in commercial or other transactions, nor access the Site on behalf of a party who is on any such lists;
Input or upload via the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site, Services, Content or Site Data or that infringes the Intellectual Property rights of another person; or
Use or access the Site, Services, Content or Site Data in any way that may adversely affect their performance or function, or interferes with the ability of authorized parties to access them.
- THIRD PARTY LINKS
Inbound Links. Linking to any page other than to https://www.bitrail.io through a plain text link shall be strictly prohibited in the absence of a separate linking agreement with us. Except by separate written agreement with us, any website or other device linking to https://www.bitrail.io or any page available therein is prohibited from (i) replicating Content or Site Data, (ii) using a browser or border environment around the Content, any Site Data or the Site itself, (iii) implying in any fashion that BitRail or any of its Affiliates are endorsing it or its products, (iv) misrepresentation in any statement of fact, including its relationship with BitRail or any of its Affiliates, (v) presenting false information about the products or services of BitRail or its Affiliates, and (vi) using any logo or mark of BitRail or any of its Affiliates without our express written permission.
- AUTHORIZATION OF IDENTITY VERIFICATION
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number, your physical address and other User Information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. If you use certain BitRail services, U.S. federal law requires that BitRail verify the required identifying information. We reserve the right to close, suspend, or limit access to your BitRail account and/or the Services in the event we are unable to obtain or verify this information.
- DISPUTES WITH THIRD PARTIES; RELEASE
You acknowledge and agree that you will be using the Site and Services to facilitate your Transfers, including payment or receipt of payment for goods and services of Third Parties and/or the purchase and exchange of cryptocurrencies sold by Coin Providers. In each such case, we are not your agent or an agent of any Third Party, nor do we have any duty towards you other than as independent contractors under this Agreement. Because we are not and cannot be involved in dealings between you and Third Parties with respect to any matter other than our Services, in the event that you have a dispute with a Third Party including another User (whether a Payor or Payee) other than with respect to our Services, you hereby release us, our Affiliates (including GunBroker.com), and our respective directors, officers, employees and agents from and against any and all claims, demands and damages (actual, special, incidental and consequential, and including attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- DISCLAIMER OF WARRANTIES
THE SITE, THE SERVICES, THE CONTENT AND THE INFORMATION ARE PROVIDED ON AN “AS IS” BASIS. THE BITRAIL PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE BITRAIL PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE, SERVICES OR THE CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE USE OF THE SITE OR SERVICES. NO INFORMATION OBTAINED BY YOU VIA THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY US IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. YOUR STATUTORY RIGHTS AS A CONSUMER POTENTIALLY CANNOT BE WAIVED AND MAY NOT BE AFFECTED BY THESE PROVISIONS. YOU HEREBY AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THIS AGREEMENT ARE FAIR AND REASONABLE.
- LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE BITRAIL PARTIES OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY OF THE BITRAIL PARTIES FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED US$100.00 (ONE HUNDRED UNITED STATES DOLLARS). TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU UNDER THIS AGREEMENT SHALL BE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU AGAINST US RELATING TO THE SITE, SERVICES, CONTENT OR INFORMATION NOT ASSERTED WITHIN ONE (1) YEAR OF THE EVENT FIRST GIVING RISE TO THE CLAIM IS HEREBY WAIVED BY YOU.
You hereby agree to indemnify, defend and hold BitRail and its Affiliates harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by a BitRail or its Affiliates in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by another person using your log-in: (i) any breach or violation of this Agreement, (ii) any use of the Site or Services, (iii) a dispute with a Third Party or another User (other than to the extent arising out of our Services), or (iv) any violation of any Applicable Law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
- GOVERNING LAW AND DISPUTE RESOLUTION
International Users. The Site is controlled, operated and administered by BitRail, which is based within the United States. We make no representation that functions or information found at the Site are appropriate or available for use by persons at other locations outside of the United States and access to them from territories where their functionality or content are not permitted under Applicable Law. You may not use the Site or export the Site Data in violation of U.S. or other Applicable Laws regarding export or import. If you access this Site from a location outside of the U.S., you are responsible for compliance with all Applicable Laws that apply to you in your use of the Site.
Governing Law. Except as may not be permitted under Applicable Law, this Agreement, all matters arising from or relating to the your use of the Site, and any and all claims arising out of your relationship with BitRail or its Affiliates shall be governed by and in accordance with the laws of the State of Georgia, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.
Mandatory Arbitration. ALL PARTIES AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RESOLVE ANY DISPUTES ARISING OUT OF THIS AGREEMENT OR THE ANY USE OF THE SITE VIA BINDING ARBITRATION CONDUCTED UNDER COMMERCIAL RULES FOR ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION. THE ATLANTA METROPOLITAN AREA SHALL BE THE SITE FOR ANY SUCH ARBITRATION PROCESS. THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
IF FOR ANY REASON THESE ARBITRATION REQUIREMENTS ARE HELD INAPPLICABLE OR VOID OR HELD NOT TO APPLY, OR A CLAIM PROCEEDS IN SMALL CLAIMS COURT, BITRAIL AND YOU EACH WAIVE TRIAL BY JURY.
BY GIVING YOUR AUTHORIZATION BELOW, YOU AGREE TO BE BOUND BY THIS ARBITARATION AGREEMENT. YOUR AUTHORIZATION MEANS THAT BY AGREEING TO THIS USER AGREEMENT, YOU UNDERSTAND THAT YOU ARE ALSO AGREEING TO THIS ARBITRATION AGREEMENT, WHICH ENTAILS GIVING UP THE RIGHT TO A TRIAL BY A STATE TRIBUNAL AND TRIAL BY JURY.
Dispute Resolution; Attorneys’ Fees. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE SHALL BE RESOLVED THROUGH MANDATORY ARBITRATION, AS PROVIDED ABOVE. HOWEVER, IF MANDATORY ARBITRATION IS UNAVAILABLE FOR ANY REASON, SUIT TO RESOLVE DISPUTES MUST BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE. Notwithstanding the foregoing, BitRail reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under this Agreement or under an award of the court described above. You may not bring any action arising out of this Agreement or your use of the Website or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, BitRail shall be entitled to recover from you its reasonable attorneys’ fees in responding to such action.
Exclusion of Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT (A) ANY DISPUTE SHALL BE RESOLVED BY MANDATORY ARBITRATION; (B) THAT SHOULD MANDATORY ARBITRATION NOT BE AVAILABLE, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, (C) WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (D) UNLESS BOTH YOU AND BITRAIL AGREE TO THE CONTRARY, MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT, AND (E) ANY RELIEF AWARDED TO YOU CANNOT AFFECT OTHER USERS, AND VICE VERSA.
- CHANGES TO AGREEMENT
Consent to Use Your Phone Number. You hereby agree that the following provisions apply between us with respect to our use of telephone numbers you provide to us:
Carrier Charges Are Your Responsibility. There is no fee to receive automated telephone calls or text messages from us. However, you may incur a charge for these calls or text messages from your mobile carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details.
Electronic Communications with You. By using the Site and Services, you consent to receiving certain communications with us electronically, as set forth in the BitRail Electronic Communications Policy. This policy also states how you may withdraw your consent for certain types of communications.
- INTELLECTUAL PROPERTY
Unless otherwise noted, all Content is subject to protection under copyright, trademark, service mark, trade dress and/or other intellectual property rights, is owned, controlled or licensed by us or by third parties who have licensed their materials to us and is protected by U.S. and international intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Content is the exclusive property of BitRail, or its Affiliates, and is also protected by U.S. and international copyright laws. ”BitRail®”, “FreedomCoin®”, and other BitRail names and logos and all related product and service names, design marks and slogans used on the Site are the trademarks or service marks of BitRail or its Affiliates. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner. You may not use meta tags or other hidden text utilizing BitRail’s name or trademarks without the express prior written consent of BitRail.
Submissions. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or this Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the “Comments”) shall be and remain BitRail property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property in the Comments. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any Comments.
Copyrights and Copyright Agent. BitRail respects the rights of all copyright owners and has adopted and implemented a policy that provides for the termination in appropriate circumstances of the use of the Site for account holders who infringe the copyright rights of others. If you believe that your work has been copied or used in a way that constitutes copyright infringement, please contact BitRail’s Copyright Agent as described in the BitRail DMCA Notice, which is incorporated into this Agreement.
- ABUSE OF SITE
You are prohibited from violating or attempting to violate the security of the Site, or otherwise abusing the Site, including, without limitation, by (i) using the site for any illegal purpose; (ii) accessing data not intended for you or logging onto a server or an account which you are not authorized to access or with respect to which you have exceeded your authorized access; (iii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempting to download, extract or distribute any portion of the code making up any portion of the Site; (v) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” participating in a distributed denial of service attack, “spamming,” “mailbombing” or “crashing”; (vi) sending unsolicited email, including promotions and/or advertising of products or services via the Site, or using any Site Data about other Users obtained from the Site in order to do so; (vii) forging any TCP/IP packet header or any part of the header information in any email or other transmission; (viii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site or bypass any measures used to restrict access to the Site; (ix) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from BitRail on the Site and other than generally available third party web browsers; (x) transmitting or posting any unlawful, harassing, libelous, abusive or otherwise objectional material of any kind to any person; (xi) collecting information about other Users without their consent; (xii) interfering with another’s use of the Site or with the proper functioning of the Site, or (xiii) engaging in any systematic extraction of data or data fields, including, without limitation, email addresses, from the Site or its Users, by use of any automated mechanism, such as web robots, crawlers, spiders or otherwise.
- REWARDS PROGRAM
Users of the Site are automatically enrolled in the BitRail Rewards Program, subject to the BitRail Rewards Program Terms and Conditions.
- GENERAL PROVISIONS
Notices. Notices under Section 13 (Dispute Resolution by Arbitration) above shall be given exclusively by written mail to us at BitRail, LLC, 800 Battery Ave. SE, Suite 3090, Atlanta, Georgia 30339, and to you at the address listed in your User Information in your account. Otherwise, notices to us Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic Support System located at https://www.bitrail.io/Support/ or by mail to BitRail, LLC, 800 Battery Ave. SE, Suite 3090, Atlanta, Georgia 30339, or, in the case notices we send to you, to the email address or street address listed in your User Information in your account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.
Electronic Execution. Your electronic acceptance of this Agreement on the Site on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed this Agreement. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.
No Waivers. The failure by either party to exercise or enforce any rights or provisions of this Agreement (including the BitRail Account Terms or other document incorporated by reference herein) shall not constitute a waiver of such right or provision, whether for a current violation or for future violations. No waiver granted by BitRail with respect to this Agreement’s provisions shall be deemed to have created a “course of conduct” or “usage of trade” for purposes of Applicable Law.
Miscellaneous. The term of this Agreement shall be deemed to have commenced as of the date of your use of the Site or any of the Services and shall remain in effect until terminated by a party in accordance with its terms. BitRail shall have the right to terminate this Agreement for convenience by written or electronic notice to the User. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign any of your rights or obligations under this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. This Agreement is solely for the benefit of BitRail, its Affiliates, and you, and shall not be construed for the benefit of any third party.
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