1. Your Acceptance.
2. Website Disclaimer.
All content found on and within the Website is intended for informational and educational purposes only and offered “as is” without warranty. Occasionally, the materials appearing on the Website could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its Website are accurate, complete, or current. Company may make changes to the materials contained on its Website at any time without notice. Company does not, however, make any commitment to update the materials.
3. No Reliance on Website Information.
The general content on our Website is provided for general information only. It is not intended to amount to advice – and certainly not professional advice – on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
4. Access and License Grant to You.
Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable, license to access and use the Website. This license is not a sale of any of our rights as the sole intellectual property owner. The Website may be used only by you and you may not rent, lease, lend, sub- license, or transfer any of your rights under this Agreement to anyone else. Except as otherwise expressly provided herein or with our prior express written consent, you may not modify, copy, distribute, transmit, broadcast, publish, upload, share, publicly display, “mirror,” perform, reproduce, use, publish, license, create derivative works from, make representations or warranties regarding, transfer or sell any Website content or user content contained in the Website in any other computer, server, website, or other medium or for any commercial enterprise. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Website. You may not transfer to or store any data residing or exchanged using the Website in any electronic network for use by more than one user unless you obtain prior written permission from us, which may be unreasonably withheld. Please contact us to request any required permission.
As a Website user, you do not receive any ownership interest in any portion of the Website; you merely receive the aforementioned revocable license or access listed above. Your license or access to the Website is subject to the following requirements:
a. You may not decompile, reverse engineer, disassemble, modify, rent, sell, translate, lease, loan, distribute, or create derivative works or improvements to the Website or any portion of it for any reason whatsoever.
c. You may not violate or infringe the intellectual property, privacy, or other rights
d. You may not violate any laws, rules or procedures of the United States while using the Website.
e. You may not violate any of Company’s additional policies.
f. You may not use our Website except through specific channels provided by us.
g. You may not use the Website on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
h. You may not sell, lease, loan, distribute, transfer, or sublicense the Website or access to it or derive income from the use or provision of the Website unless enabled through the functionality of our Website.
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license or your access to use our Website at our discretion. Additionally, we may revoke your license or restrict your access to our Website if we believe that your actions may harm us or any of our users.
Failure by us to revoke your license or restrict access does not act as a waiver of your conduct.
The information provided to you via the Website and all materials therein or transferred thereby, including, without limitation, images, text, graphics, illustrations, logos, trademarks, service marks, copyrights, photographs, audio, video, data, third party data, web services, and all intellectual property rights related thereto, are the exclusive property of Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible from the Website. Use of the Website or materials therein for any purpose not expressly permitted by this Agreement is strictly prohibited.
5. Use of the Website.
When using our Website, you are solely responsible for your use of the Website, including any content that create with the Website’s assistance. When using our Website you agree to the following:
a. You will not use the Website in furtherance of any unlawful, fraudulent, or
b. You way not copy, distribute or disclose any part of the Website in any medium, including without limitation by any automated or non-automated “scraping;”
c. You may not use the Website in any ways that are unlawful;
d. You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
e. You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
f. You may not use automated bots or other software to send more messages through our Website than humanly possible;
g. You may not access our Website in an attempt to build a similar or other competitive product or service;
h. You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
i. You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
j. You may not use the Website in any way that is: misleading, unlawful, defamatory, obscene, invasive, or threatening;
k. You may not use the Website to stalk, harass, bully, or harm another individual;
l. You may not violate any requirements, procedures, policies or regulations of networks connected to the Website and/or Company;
m. You may not interfere with or disrupt the Website;
n. You agree that you will not hold Company responsible for your use of our Website; and
o. You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Website, including the de-indexing or de-caching of any portion of our Website from a thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Website may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Website, but Company reserves the right to suspend or terminate Website access at any time without notice or explanation.
6. User Content.
Your ability to submit or transmit any information through the Website, including but not limited to links, data, information, images, references, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We provide industry standard security for our Website but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Website may be modified, edited, or removed at our discretion. Furthermore, you represent and warrant that you have the right to submit any User Content, all User Content is legal, and the User Content does not interfere with any third party rights or obligations. When you submit any User Content to us, you grant Company, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty- free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Website. Additionally, you grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Website any suggestion, enhancement request, recommendation, correction, or other feedback provided by you relating to the operation of our Website.
7. Monitoring User Content.
Company shall have the right, but not the obligation, to monitor all User Content on the Website at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Company shall have the right, but not the obligation, to remove any User Content that Company within Company’s sole and complete discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.
8. Website Availability.
Although we try to provide continuous availability to you, we do not guarantee that the Website will always be available, work, or be accessible at any particular time.
Specifically, we do not guarantee any uptime or specific availability of the Website. You agree and acknowledge that the Website uses remote access and may not always be either 100% reliable or available. We cannot guarantee that the Website will work to the functionality desired by you or give you any desired results when using the Website independently or when paired with a third party product.
9. Modification of Website.
We reserve the right to alter, modify, update, or remove our Website at any time. We may conduct such modifications to our Website for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to modify Website features and functionalities, fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Website for security, legal, or other purposes.
You agree to pay for all costs, fees, and taxes listed when purchasing any product or service advertised on the Website credits, or upgrades for use with the Website. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current, all such information is collected, stored, secured, and processed by an applicable third-party payment processor. Where applicable, you must agree to such third party payment processor’s terms and conditions for processing payments.
11. Intellectual Property.
The Website, along with the design of the Website and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company reserves all rights not expressly granted in and to the Website. You agree to not engage in the use, copying, or distribution anything contained within the Website unless we have given express written permission. The Website may also contain service marks or trademarks of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
13. Idea Submission.
Company or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Company. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Company’s products might seem similar to ideas you submitted to Company. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Company, without any compensation to you; (2) Company may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Company to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, ASSIGNS, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE WEBSITE; (2) ANY INFORMATION PROVIDED VIA THE WEBSITE; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY, OR VIA THE WEBSITE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COMPANY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
15. Limitation of Liability.
IN NO EVENT SHALL COMPANY, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE WEBSITE, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE VIA A THIRD PARTY, (5) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, OR (6) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY COMPANY’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. SPECIFICALLY, FOR NEW JERSEY RESIDENTS OUR LIABILITY IS THE LOWEST PERMITTED UNDER NEW JERSEY LAW. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED ($100) US DOLLARS.
You hereby agree to defend, indemnify and hold harmless Company, its managers, members, officers, directors, employees, contractors, joint venturers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
a. your use of and access to the Website;
c. your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the Website. You also agree that you have a duty to defend Company against such claims and Company may require you to pay for an attorney(s) of Company’s choice in such cases. You agree that this indemnity extends to requiring you to pay for Company’s reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, Company may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
a. Your full legal name.
b. The name of the party whose copyright has been infringed, if different from your name.
c. The name and description of the work that is being infringed.
d. The location on our Website of the infringing content.
e. A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
f. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to us via our contact form.
18. Choice of Law.
This Agreement shall be governed by the laws in force in Malta. The offer and acceptance of this contract is deemed to have occurred in Malta.
Any dispute relating in any way to your use of the Website or your relationship with us shall be submitted to confidential arbitration in Santa Fe County, New Mexico. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where allowed by the Rules, Company may make any and all appearances telephonically or electronically.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or this Agreement must be filed within one year after such claim or cause of action arose or be forever banned (waiver does not apply to New Jersey residents). Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration.
20. Class Action.
You and Company agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. The foregoing class action waiver does not apply to residents of New Jersey.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Company are deemed to conflict with each other’s operation, Company shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Assignment and Survival.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.
24. Entire Agreement.
and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Website and we shall terminate our Agreement with you.
26. Electronic Communications.
The communications between you and Company use electronic means, whether you visit the Website or send Company e-mails, or whether Company posts notices on the Website or communications with you via mobile notifications or e-mail. For contractual purposes, you: (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
27. Export Controls.
The Website and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported: (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Website, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
28. Linking to Our Website.
29. Third Party Links and Content.
30. Company’s Compensation via Its Participation in Affiliate Programs.
Please be aware that Company is a professional review site that participates in various cryptocurrency-related affiliate advertising programs and accordingly receives compensation from the companies whose products and services are reviewed by and link to on Website. Company is independently owned and the opinions expressed on the Website are our own.
31. Website Issues and Support.
Where you have any questions, issues, or if you are having trouble accessing or using the Website, please contact us here.
32. Data Rates.
You will be able to access the Website through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cellphone carrier.
33. California Users.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be sent to our agent for notice via our contact form. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.