GENERAL TERMS & CONDITIONS
By executing this Agreement you confirm that you have read and understand the entirety of this agreement and that you agree to be bound by the complete terms and conditions of this Agreement, including without limitation, limitations of use, disclaimer of warranty, limitation of liability, binding arbitration provisions, non-disclosure, non-disparagement, waiver of chargeback rights, and class action waivers. If you do not agree to these terms and conditions, do not execute this Agreement.
You understand and agree that:
1.1 DigitalCurrencyIndex.io Agreement.
1.1.1 Agreement Terms. The DigitalCurrencyIndex.io Agreement (“Agreement”) between you consists of (i) the specific terms of the product plan(s) to which you have purchased or subscribed to at any given time (including the plan’s pricing and the terms and conditions applicable to the particular product and its associated services, all as described in the applicable plan) (collectively, “Product Plan”), (ii) these General Terms and Conditions (“General Terms”), and (iii) any other writings or documents that the applicable Product Plans or these General Terms state is part of the Agreement, all of which are incorporated herein by this reference.
1.1.2 Acceptance of Agreement. Acceptance by you of the Agreement occurs upon earlier of: (i) your acceptance of the Agreement electronically when selecting and ordering a Product Plan online, or (ii) your physical execution of this Agreement.
1.1.3 Changes to Agreement.
- a) The current version of these General Terms and other applicable policies shall be available on the DigitalCurrencyIndex.io website. The “DigitalCurrencyIndex.io website” means the website located at totallycrypto.com, which is comprised of various web pages, tools, information, content, and features operated by DigitalCurrencyIndex.io. DigitalCurrencyIndex.ioCurrency may change the General Terms or other parts of the Agreement from time to time, provided that DigitalCurrencyIndex.io will not increase the pricing for the Services (as defined in Section 2) that you have fully paid for as set forth in a Product Plan unless you consent. When DigitalCurrencyIndex.io makes such changes to the Agreement (other than rate increases for the Services), DigitalCurrencyIndex.io will give notice to you by posting the revised General Terms or other parts of the Agreement, including any applicable policies, on the DigitalCurrencyIndex.io website. DigitalCurrencyIndex.io may also notify you directly of a change, but DigitalCurrencyIndex.io is not obligated to do so unless the change is a rate increase for the Services set forth in your Product Plan. You agree to visit the DigitalCurrencyIndex.io website periodically and accept ongoing responsibility for being fully informed of the changing content of the DigitalCurrencyIndex.io website, including, without limitation, changes in these General Terms and other parts of the Agreement. The earliest any rate increases for the Services shall be effective is immediately following the Initial Plan Term, provided DigitalCurrencyIndex.io has given notice of the rate increases; thereafter, DigitalCurrencyIndex.io may make further rate increases which will be effective after DigitalCurrencyIndex.io notifies you of same. Changes to any other terms and conditions, made at any time, shall be effective on the date of posting on the DigitalCurrencyIndex.io website. If DigitalCurrencyIndex.io changes these General Terms or any other part of the Agreement in a way that is not acceptable to you, your sole recourse is to notify DigitalCurrencyIndex.io by giving written notice via email of your lack of consent to DigitalCurrencyIndex.io within thirty (30) days after the date the unacceptable change was posted to the DigitalCurrencyIndex.io website. If proper notice of your lack of consent is received, you agree to continue being bound under the most recent version of this Agreement to which you accepted. Unless you give written notice within such thirty (30) day period, you accept the changes and agree to abide by them by continuing to use the Services.
- b) You agree that you cannot change this Agreement and that no statement or representation (oral or written) of any sales agent, distributor, representative or employee of DigitalCurrencyIndex.io made to you can change this Agreement.
1.2 Connectivity Limitations. Services may require the use of internet connections, including but not limited to interconnecting wireline or wireless networks. Your ability to access the Services is limited by the technology, environmental conditions and other factors. Services may become limited or temporarily unavailable without notice from time to time. DigitalCurrencyIndex.io does not own or control the service providers and systems that operate internet connections and cannot be responsible for any Service interruptions or interference that are associated with those systems or ground stations and the interconnecting networks.
Your Product Plan may include, or you may have the option to purchase, certain additional services from DigitalCurrencyIndex.io, as purchased and agreed to by you and identified on the DigitalCurrencyIndex.io website. The services included in the DigitalCurrencyIndex.io Product Plan you select and the additional bundled and/or optional services available to you, may including additional terms and conditions applicable to each. Collectively, the DigitalCurrencyIndex.io Product Plans and all of the additional and/or optional products and services included in your Product Plan are referred to throughout this Agreement as “Services”. Any Services referenced but not defined in these General Terms shall have the meaning set forth in the Product Plan.
2.1 Responsibility for Data and Content. You are solely responsible for any data or content that you submit to DigitalCurrencyIndex.io in any fashion, including any consequences of such submissions. You shall not send any content in violation of applicable law or the restrictions in Section 8.
2.2 Results May Vary. The results of all training contained in or embodied by the Services is in no way guaranteed. You are solely responsible for the success of your implementation of the program, product or any other Services. Examples of individual success stories based on use of concepts and strategy contained in any Services are not representative and there can be no guarantee that they will be achieved by you or any other individual purchasing Services. Actual results may vary substantially.
Your SERVICES consist of the Services selected by you when you execute this Agreement or purchase from time to time thereafter. All SERVICES are pre-paid non-refundable plans with charges for the Services to be paid in full and in advance.
3.1 Term. You agree to remain as a subscriber for the minimum period stated in your Services.
3.2 Fees Non-Refundable. Pre-paid Service fees are non-refundable. Pre-paid Services may not be transferred to a third party to this agreement. Permitting another to access DigitalCurrencyIndex.io Services through the use of your login information or passwords is not permitted and a breach of this Agreement.
3.3 Changes to Services by DigitalCurrencyIndex.io. You agree that DigitalCurrencyIndex.io may make changes to the Services in order to comply with applicable laws, to maintain or improve the Services or for other business reasons, including but not limited to policy changes by other companies, in their complete discretion, without notice to you and without liability for any changes in your ability to use the Services, including compatibility issues with the DigitalCurrencyIndex.io Services, as a result of such changes. DigitalCurrencyIndex.io is not responsible for changes to the Services resulting from third party policy changes, including but not limited to, changes in advertising platforms, etc.
3.4 Suspension or Termination by DigitalCurrencyIndex.io.
3.4.1 DigitalCurrencyIndex.io may suspend this Agreement and the provision of Services to you without notice and without terminating this Agreement if DigitalCurrencyIndex.io determines that your usage endangers people or property, your usage is in violation of applicable law or this Agreement or if your payment is returned or rejected.
3.4.2 If you fail to pay any sum due for any Services or violate the terms, conditions, laws, rules or regulations governing the Services, DigitalCurrencyIndex.io may reduce, suspend, or permanently terminate your Services, which reduction, suspension or termination may be without prior notice. DigitalCurrencyIndex.io may also terminate your Services at any time without notice if:
- a) DigitalCurrencyIndex.io has not received full payment when due;
- b) DigitalCurrencyIndex.io has reason to believe you have used an DigitalCurrencyIndex.io Product or Service in a way that DigitalCurrencyIndex.io believes violates this Agreement or any terms and conditions of your Services;
- c) you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives;
- d) you provided inaccurate credit information;
- e) DigitalCurrencyIndex.io determines that you are using Services in a manner which might adversely affect DigitalCurrencyIndex.io service to others;
- f) DigitalCurrencyIndex.io determines that your application for Services included information that was fraudulent, false or materially incomplete.
3.4.3 If DigitalCurrencyIndex.io suspends this Agreement and the provision of Services for non-payment, DigitalCurrencyIndex.io may, at its sole option, reactivate Services under a Product Plan upon payment by you in full of the past due amount, including any interest associated with the late payment, and DigitalCurrencyIndex.io then-current reactivation fee.
4.1 Timely Payments. You agree to pay, on time and in advance, any applicable rates and charges, including, without limitation, activation, usage, and cancellation fees, plus any applicable taxes, as provided in your Product Plan. Payments shall be made in US dollars. All fees paid under this Agreement are strictly non-refundable.
4.2 Taxes. Your Product Plan price for the Services does not include sales, usage, excise, goods and services, harmonized sales, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service. You are required to pay these taxes.
4.3 Credit Card Authorization. BY AUTHORIZING DigitalCurrencyIndex.io TO DEBIT YOUR CREDIT CARD, YOU REPRESENT THAT YOU ARE THE AUTHORIZED OWNER OR USER OF YOUR CREDIT CARD AND THAT YOU ARE A RESPONSIBLE PARTY FOR THAT CARD. YOU GRANT DigitalCurrencyIndex.io ACCESS TO AND THE RIGHT TO REVIEW THE INFORMATION IN, AND YOUR REFERENCES SUBMITTED WITH, THE PRODUCT PLAN, AND OBTAIN YOUR CREDIT REPORTS AND CREDIT HISTORY, AND/OR ALL OTHER RELEVANT INFORMATION AND MATERIALS THAT DigitalCurrencyIndex.io REASONABLY BELIEVES IS DESIRABLE FOR THE PURPOSE OF IDENTIFYING YOUR FINANCIAL STATUS AND CREDITWORTHINESS. DigitalCurrencyIndex.io SHALL HAVE THE RIGHT TO CONTINUE TO MONITOR YOUR CREDIT RATING AND CREDIT HISTORY DURING THE TERM. FURTHER, YOU AUTHORIZE DigitalCurrencyIndex.io OR AN AFFILIATE COMPANY TO DEBIT YOUR CREDIT CARD.
4.4 E-commerce Purchases. If you purchased your DigitalCurrencyIndex.io Product and/or service certificates on the DigitalCurrencyIndex.io website, the DigitalCurrencyIndex.io e-commerce cart provided you with an estimate of the approximate charges based on the DigitalCurrencyIndex.io Services purchased. However, the taxes you will be/have been charged are the actual taxes applicable for your location based on the DigitalCurrencyIndex.io Services and/or accessories purchased. DigitalCurrencyIndex.io will post this actual tax amount, which may be more or less than the estimated taxes, to your total amount due, and you are responsible for payment of such additional amount.
4.9 ACKNOWLEDGEMENT OF WAIVER OF CHARGEBACK RIGHTS. You acknowledge that DigitalCurrencyIndex.io offers a pre-paid service with no long term contracts. By accepting this agreement, you are agreeing not to charge back any fees paid to DigitalCurrencyIndex.io by your credit card issuer. If you do attempt to charge back, you accept that DigitalCurrencyIndex.io reserves the right to report any unpaid service to the credit bureau and reserves the right to have a collection agency recover monies for the prepaid service which you purchased. You also agree that DigitalCurrencyIndex.io reserves the right to pull your credit report in an attempt to obtain information to recover monies due to DigitalCurrencyIndex.io as a result of such a chargeback. You expressly agree to waive all right to any charge back as a method of dispute resolution. By accepting these terms, you have authorized DigitalCurrencyIndex.io to report you to a credit reporting agency should you attempt to charge back any fees paid under this Agreement.
4.10 Fee for Services. Upon execution of this Agreement, you agree that you shall be charged and immediately pay to DigitalCurrencyIndex.io the fees set forth in the fees identified on the DigitalCurrencyIndex.io website corresponding to the Product Plan you have purchased which is hereby incorporated into the terms of this Agreement by reference. The contracted fee for the DigitalCurrencyIndex.io services shall be that fee identified for those Services on the DigitalCurrencyIndex.io Website or the fee of $5,000.00, whichever is greater. You understand and agree to pay this amount to DigitalCurrencyIndex.io and authorize DigitalCurrencyIndex.io to charge your credit card for the foregoing fees and amounts. You further agree to maintain appropriate credit limits in order to effectuate the foregoing. In the event the credit card you have on file with DigitalCurrencyIndex.io becomes invalid, you agree to provide DigitalCurrencyIndex.io with new credit card information immediately. You understand and agree that all fees under this Agreement are non-refundable and there are no full or partial refunds once a payment is made or becomes due.
- LIMITED WARRANTY; DISCLAIMER OF WARRANTIES.
5.1 Limited Warranty for the DigitalCurrencyIndex.io Product. THE LIMITED WARRANTY ACCOMPANYING YOUR DigitalCurrencyIndex.io SERVICES IS THE ONLY WARRANTY PROVIDED IN RELATION TO YOUR DigitalCurrencyIndex.io SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DigitalCurrencyIndex.io SERVICES IS AT YOUR SOLE RISK OTHER THAN SUCH LIMITED WARRANTY. EXCEPT AS SPECIFIED IN THE LIMITED WARRANTY, DigitalCurrencyIndex.io DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES FOR YOUR DigitalCurrencyIndex.io SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING THE CONDITION, DESIGN, SPECIFICATIONS, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF YOUR DigitalCurrencyIndex.io SERVICES, OR ANY WARRANTIES YOUR DigitalCurrencyIndex.io SERVICES ARE FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT YOUR DigitalCurrencyIndex.io SERVICES ARE FREE FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DigitalCurrencyIndex.io OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LIMITED WARRANTY. THE PRODUCT DOCUMENTATION, INCLUDING ALL DOCUMENTATION INCORPORATED BY REFERENCE HEREIN, SUCH AS DOCUMENTATION PROVIDED OR MADE AVAILABLE AT THE DigitalCurrencyIndex.io WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITION, ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND BY DigitalCurrencyIndex.io OR ITS AFFILIATES. DigitalCurrencyIndex.io ASSUMES NO RESPONSIBILITY FOR ANY TYPOGRAPHICAL, TECHNICAL, OR OTHER INACCURACIES, ERRORS OR OMISSIONS IN THIS DOCUMENTATION.
DigitalCurrencyIndex.io is not liable to you for changes in operation, equipment, SOFTWARE, or technology that cause your DigitalCurrencyIndex.io SERVICES or any related software to be rendered obsolete or require modification.
THE TERMS AND CONDITIONS OF THE APPLICABLE LIMITED WARRANTY FOR YOUR DigitalCurrencyIndex.io SERVICES MAY BE UPDATED BY DigitalCurrencyIndex.io AT ANY TIME AND WITHOUT NOTICE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS CONTAINED IN THIS AGREEMENT AND THE TERMS CONTAINED AT WWW.TOTALLYCRYPTO.COM, THEN THE TERMS CONTAINED AT WWW.TOTALLYCRYPTO.COM SHALL SUPERSEDE AND REPLACE THE TERMS CONTAINED IN THIS AGREEMENT.
THE APPLICABILITY OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/OR FROM COUNTRY TO COUNTRY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, DigitalCurrencyIndex.io LIMITS THE DURATION OF ANY IMPLIED WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY FOR THE APPLICABLE DigitalCurrencyIndex.io SERVICES.
5.2. Earnings Disclaimer- No Warranty of Success. The information presented in this Website is intended to be for your educational and entertainment purposes only. DigitalCurrencyIndex.io is not presenting you with a business opportunity, distributorship, or guarantee of success. DigitalCurrencyIndex.io is not making any claims as to income you may earn. Prior to executing this Agreement, use caution and seek the independent financial and legal advice regarding the Services. All testimonials, income figures, or statements of individuals, if any, are anecdotal, have not been independently verified by DigitalCurrencyIndex.io, and should not be relied upon.
No statement by DigitalCurrencyIndex.io related to the Services constitutes a claim or representation of average earnings, as no such calculations exist. Success in any endeavor relies on a multitude of factors and cannot be guaranteed. Past performance cannot be an indication of possible future results. Please perform your own due diligence prior to executing this Agreement and making in any financial decision. DigitalCurrencyIndex.io does not guarantee or represent that you will earn any money using any of the ideas presented in the Services. You agree that DigitalCurrencyIndex.io will not share in your success, nor will DigitalCurrencyIndex.io be responsible for your failure or for your actions in any way whatsoever.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements in our materials are intended to express our opinion of earnings potential. They are opinions only and should not be relied upon as fact.
5.3 Disclaimer of Warranty for the Services and Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY ASSOCIATED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES REGARDING CONDITION, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES AND/OR ANY ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT AND DISCLAIMED BY DigitalCurrencyIndex.io AND ALL SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. DigitalCurrencyIndex.io AND SUCH SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICES, ANY ASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SYSTEMS USED BY THE DigitalCurrencyIndex.io PRODUCT TO TRANSMIT DATA TRANSMISSIONS, THE SERVICE PROVIDERS MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PRODUCT, OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE.
- LIMITATION OF LIABILITY.
6.1 TO THE FULLEST EXTENT PERMITTED BY LAW, DigitalCurrencyIndex.io AND ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE AND DISCLAIM ANY LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, BUSINESS LOSS, BANKRUPTCY, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE DigitalCurrencyIndex.io SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICES) OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SERVICES. DigitalCurrencyIndex.io AND ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES CAUSED BY:
6.1.1 MATTERS OUTSIDE OF DigitalCurrencyIndex.io OR ITS AFFILIATES’ REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, OUTBREAK OF HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OF TELECOMMUNICATIONS OR SATELLITE SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS OR CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND; OR
6.1.2 FAILURE OF OR DELAY ON BEHALF OF THE DigitalCurrencyIndex.io SERVICE PROVIDERS TO PERFORM THE APPLICABLE SERVICES FOR WHICH EACH IS CONTRACTED.
6.2 IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF DigitalCurrencyIndex.io AND ITS SERVICE PROVIDERS FOR ALL CLAIMS UNDER A PRODUCT PLAN ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES UNDER A PRODUCT PLAN DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
6.3 THE LIMITATIONS IN THIS SECTION 6 SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.
- INTELLECTUAL PROPERTY AND NON-DISCLOSURE.
7.1 Your DigitalCurrencyIndex.io Services. All DigitalCurrencyIndex.io Services are manufactured for DigitalCurrencyIndex.io Marketing, Inc., headquartered at 526 S Main St Suite 801F Akron, OH 44311.
7.2 Intellectual Property and Non-Disclosure. All DigitalCurrencyIndex.io Services, and all content (including software, photographs, graphs, videos, graphics and music or sounds) included with the DigitalCurrencyIndex.io Services, or referenced in Services documentation, are protected by copyright, trademark, patent or other proprietary rights (“Intellectual Property”) of DigitalCurrencyIndex.io or other parties. As between you and DigitalCurrencyIndex.io, you agree that DigitalCurrencyIndex.io owns all Intellectual Property in your DigitalCurrencyIndex.io Services and DigitalCurrencyIndex.io content, and you shall not attempt to challenge the validity or enforceability of any such rights. Additional information concerning the Intellectual Property and the applicable Intellectual Property policies applicable to the DigitalCurrencyIndex.io Services can be found at the DigitalCurrencyIndex.io website. THE TERMS AND CONDITIONS OF THE DigitalCurrencyIndex.io WEBSITE’S INTELLECTUAL PROPERTY POLICY FORMS PART OF THIS AGREEMENT AND MAY BE UPDATED BY DigitalCurrencyIndex.io AT ANY TIME AND WITHOUT NOTICE. You may not copy, modify, remove, delete, monetize, augment, reproduce, reverse engineer, publish, transmit, or create derivative works, from, or in any way exploit, any of the DigitalCurrencyIndex.io content, in whole or in part, without DigitalCurrencyIndex.io express written permission. DigitalCurrencyIndex.io Services, and the Services documentation may reference various trademarks, names or brands, owned by DigitalCurrencyIndex.io or other parties. These trademarks are the valuable property of the trademark owner, and may be used only with permission of the respective trademark owner. All DigitalCurrencyIndex.io Products described herein are the products of DigitalCurrencyIndex.io Marketing, Inc.
7.3 Non-Disparagement. You agree that you shall not disparage the Services or otherwise take any action which could reasonably be expected to adversely affect DigitalCurrencyIndex.io, its personal, or its professional reputation, in any manner and in any forum, including but not limited to statements made on the internet or via social media. Similarly, you agree that you will not take any action or make or publish any statements which could reasonably be expected to adversely affect the personal or professional reputation of the DigitalCurrencyIndex.io or any of its directors, officers, agents or employees.
7.4 Non-Dissemination Non-Competition. The intellectual Property and all content disclosed to you related to the Services constitutes Confidential Information (‘Confidential Information”) Each party agrees not to reproduce or disseminate the Confidential Information for any purpose whatsoever except for the purposes of self-education. You agree not to disclose the Confidential Information to any third person. You agree that you shall protect the confidentiality of, and take reasonable steps to prevent disclosure or unauthorized use of, the Confidential Information in order to prevent it from falling into the public domain or the possession of persons not legally bound to maintain its confidentiality. You agree not to engage in any business competitive to DigitalCurrencyIndex.io using any of the Confidential Information for three (3) years following the last disclosure of Confidential Information to you by DigitalCurrencyIndex.io related to the Services. You acknowledge that your obligations hereunder survive in accordance with the terms hereof, notwithstanding the termination of the business relationship of the parties or this Agreement.
7.5 Infringement and Attorney’s Fees. Nothing in this Agreement shall obligate either party to disclose any information to the other party or enter into any other agreement with the other party. You agree that any reproduction, dissemination, or commercial sale of DigitalCurrencyIndex.io Confidential Information, including all content provided to you in the Services constitutes infringement. You acknowledge that if DigitalCurrencyIndex.io is required to bring an action to enforce the provisions of this Agreement, the damages will be irreparable and difficult to measure and that the other party shall be entitled to equitable relief including a preliminary injunction in addition to any other relief available. Should litigation arise concerning this Agreement, the prevailing party shall be entitled to its attorneys’ fees and court costs in addition to any other relief which may be awarded.
7.6 Software License. The software (including firmware) included in your DigitalCurrencyIndex.io Services is licensed to you, not sold. You are granted a limited, non-transferable, non-exclusive license to use the software in connection with your use of your DigitalCurrencyIndex.io Services in accordance with the Agreement. If your DigitalCurrencyIndex.io Product requires that you agree to a separate End User License Agreement, then you agree to be bound by the terms of the End User License Agreement.
7.7 Support and Customer Service. You can find more information about your DigitalCurrencyIndex.io Services at the DigitalCurrencyIndex.io website, in your Product Plan or by contacting DigitalCurrencyIndex.io Customer Service at email@example.com or 888-722-7926.
- DigitalCurrencyIndex.io USER ACCOUNT, WEBSITES.
9.1 DigitalCurrencyIndex.io Websites. Your use of the DigitalCurrencyIndex.io websites, including all associated pages, and your DigitalCurrencyIndex.io user account, is governed by the terms and conditions of use contained on each such website.
9.2 Complete and Accurate Information. You acknowledge and accept that the information required in your DigitalCurrencyIndex.io user account, including your Registration Data, contact information, designated contacts, social connectivity settings, and supported service options, is essential for proper provision of the Services. You accordingly certify that the information supplied by you is accurate in all respects. It is your responsibility to ensure that the information supplied by you remains accurate, complete and up to date. Please contact customer care for assistance.
9.3 Content License from You. You agree that you are solely responsible for (and that DigitalCurrencyIndex.io has no responsibility to you or to any third party for) any content that you create, transmit, distribute, publish, or display while using the Services or in association with any DigitalCurrencyIndex.io Service and any associated software and for the consequences of your actions by doing so. You acknowledge and agree that by submitting, transmitting to, posting or displaying any content to any software or device controlled by DigitalCurrencyIndex.io you give DigitalCurrencyIndex.io a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, create derivative works of, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Services and any associated software. Furthermore, you agree that this license includes a right for DigitalCurrencyIndex.io to make such content available to other companies, organizations or individuals as required for the provision of the Services and/or any social connectivity sites designated by you. In order to provide the Services, DigitalCurrencyIndex.io may be required to transmit or distribute your content over various public networks and in various media. DigitalCurrencyIndex.io may also be required to make changes to your content if so required by the technical requirements of connecting networks, devices, services or media.
9.4 Web Browsers. You must have a compatible web browser to access your DigitalCurrencyIndex.io user account via the internet. Check the FAQ section of the DigitalCurrencyIndex.io website or contact DigitalCurrencyIndex.io Customer Service for the most recent list of compatible web browsers.
9.5 Privacy, Data Protection. DigitalCurrencyIndex.io is committed to maintaining your private information. In order to access the Services, you will be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to DigitalCurrencyIndex.io will always be accurate, correct and up to date. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the software and the Services. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to immediately notify DigitalCurrencyIndex.io. DigitalCurrencyIndex.io will keep your personal data confidential, provided however that DigitalCurrencyIndex.io may provide such information, including your name, registration information, location and message history, as otherwise provided in this Agreement. DigitalCurrencyIndex.io may also share with third parties certain pieces of non-personal, aggregated information, meaning that information from many users is grouped together and is disclosed in such a way that it does not reveal the identity of any particular user, such as DigitalCurrencyIndex.io user demographic data or DigitalCurrencyIndex.io usage data for marketing, advertising or other business purposes. DigitalCurrencyIndex.io may provide your billing information to its subsidiaries if required for provision of the Services, or to a credit bureau in order to determine your credit-worthiness, or to a collection agency should your account become past due. With the exception of the foregoing, DigitalCurrencyIndex.io will not sell or otherwise pass your personal information to third parties, except if required by law or pertinent to judicial or governmental investigations or proceedings or if DigitalCurrencyIndex.io considers it necessary to do so to prevent risk of death or serious personal injury to you or others. You consent to the foregoing collection, use and disclosure of your personal information and to DigitalCurrencyIndex.io collection, use and disclosure of your personal information as set out in this Section. You also consent to the privacy policies listed at the DigitalCurrencyIndex.io website and pertaining to your use of those websites.
9.6 Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties and other users on DigitalCurrencyIndex.io website are those of the respective authors and not of DigitalCurrencyIndex.io. DigitalCurrencyIndex.io neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the DigitalCurrencyIndex.io website by anyone other than authorized DigitalCurrencyIndex.io employees acting in their official capacities. You understand and acknowledge that DigitalCurrencyIndex.io is not responsible for and does not monitor third party content for accuracy or reliability.
10.1 Governing Law, Venue, & Jury Waiver. Unless otherwise specified herein, this Agreement is governed by the laws of the State of Ohio without giving effect to conflicts of laws principles. The parties agree that the exclusive jurisdiction and venue for any Claim (as defined herein) shall be either the state civil courts located within Summit County, Ohio, or the United States District Court for the Akron District of Ohio, unless a different forum is expressly set forth herein. The parties expressly consent to, and irrevocably and unconditionally waive any objection to, exclusive jurisdiction and venue in either of said forums. IF THE CLAIM IS SUBMITTED TO LITIGATION UNDER THIS PARAGRAPH, THE PARTIES AGREE AND HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY SUCH PROCEEDING.
10.2 Class Action Waiver. You agree that, by entering into this Agreement, you and DigitalCurrencyIndex.io are each waiving the right to participate in a class action. This Section 10 shall survive termination of this Agreement.
10.3 Notices. Except as specified elsewhere herein, all legal notices to DigitalCurrencyIndex.io must be sent to: firstname.lastname@example.org or 526 S Main St Suite 801F Akron, OH 44311. For questions or concerns, please contact DigitalCurrencyIndex.io at email@example.com or 888-722-7926 or such other contact information as may be posted on DigitalCurrencyIndex.io website from time to time.
10.4 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any headings are provided for convenience only.
10.5 No Waiver, Survival. The failure of DigitalCurrencyIndex.io to exercise or enforce any right under this Agreement shall not constitute a waiver of such right. All rights and remedies granted to DigitalCurrencyIndex.io are cumulative and not alternate. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination. This Agreement shall not be deemed to create any rights in favor of any third parties or any obligations of DigitalCurrencyIndex.io to any third parties.
10.6 Assignment. You may not assign this Agreement or any of your rights or obligations hereunder without the express written consent of DigitalCurrencyIndex.io. DigitalCurrencyIndex.io may assign this Agreement and any of its rights and obligations hereunder without your notice or consent. This Agreement inures to the benefit of and is binding on the parties’ respective successors and permitted assigns.
10.7 Reformation, Severability. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement, as so modified, shall continue in full force and effect.