These Terms do not apply to any other web page operated and/or owned by anyone other than CryptoIRA and its affiliates, including, but not limited to, any website, mobile application, blog, social media site, or other material. When visiting these third party websites and other properties, you should refer to the terms and conditions in effect for the applicable owner.
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE PROCEDURE, JURISDICTION AND VENUE OF ANY DISPUTES. BY ACCESSING OR USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING YOUR USE OF THE WEB PROPERTIES. YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEB PROPERTIES.
(a) USE OF THE WEB PROPERTIES. The Web Properties and all rights therein are and will remain with CryptoIRA. You may view, copy or print a single copy of any page from the Web Properties for personal, non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. YOU MAY NOT USE ANY PORTION OF THE WEB PROPERTIES FOR ANY COMMERCIAL PURPOSE. Any special rules for any software, audio files, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.
(b) RESTRICTIONS ON USE. You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Web Properties; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Web Properties, or any aspect of them, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Web Properties, or disassemble the Web Properties, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Web Properties, except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Web Properties; (v) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Web Properties, or unduly burdening or hindering the operation and/or functionality of any aspect of the Web Properties; (vi) attempt to gain unauthorized access to or impair any aspect of the Web Properties, or the related systems, servers, or networks; (vii) attempt to gain access to secured portions of the Web Properties to which you do not possess access rights; (viii) use the Web Properties to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (x) use any portion of the Web Properties or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
(a) USER ACCOUNT. We may require that you sign up using your email address and a password to create a User Account. If you do not create a User Account, you may not have access to certain functionality of the Web Properties. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to: (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form, or any other method of questioning we use to obtain information about you; and (ii) maintain and promptly update such information to keep it true, accurate, current, and complete.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with his or her username and password. You agree that you are solely responsible for activity that occurs under your User Account. We are entitled to act on all instructions received by anyone using your User Account, and we reserve the right to pursue any and all claims against any user of your User Account.
(d) ACCOUNT DEACTIVATION. We reserve the right to deactivate or cancel a User Account in our sole discretion and take any legal action we deem necessary, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account; (iv) you fail to make payments related to your User Account (if applicable); (v) you reside in or relocate to a state or country where use of a User Account is prohibited under applicable law; (vi) you act in a fraudulent or an inappropriate manner while using the User Account; or (vii) you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.
(e) DATA RETENTION POLICY; MANAGING YOUR INFORMATION. We may retain User Account information and some automatically collected information for as long as you use your User Account and for a reasonable time thereafter, and we may store it in the aggregate. If you would like us to delete your User Account information that you have provided, please contact us at help@CryptoIRA.com and we will respond in a reasonable time.
(a) NO WARRANTIES FOR WEB PROPERTIES. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content or any other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES, THE CONTENT, AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT, THE USER CONTENT, OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES. ALL WARRANTIES OR GUARANTEES GIVEN OR MADE BY US WITH RESPECT TO OUR SERVICES (1) ARE FOR THE BENEFIT OF THE REGISTERED USER OF THE USER ACCOUNT ONLY AND ARE NOT TRANSFERABLE, AND (2) SHALL BE NULL AND VOID IF YOU BREACH THESE TERMS.
(b) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless CryptoIRA and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms, including, but not limited to, providing untrue, inaccurate, not current, or incomplete information; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any claim that your User Content caused damage to or violated the rights of a third party.
(c) YOUR RESPONSIBILITIES. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data transmitted hereunder, and we will have no obligation to verify the accuracy of such data.
(d) NETWORK ACCESS AND DEVICES. You are responsible for obtaining the data network access necessary to use the Web Properties. If you are accessing the Web Properties on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Web Properties and any updates thereto. We do not guarantee that the Web Properties, or any portion thereof, will function on any particular hardware or devices. In addition, all Web Properties may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
(e) NO FINANCIAL ADVICE. You acknowledge and agree that by providing you with access to and use of the Web Properties, we are not providing financial opinions or advice, investment advice, or tax or legal advice on any of the matters discussed or included on the Web Properties, and we will not be liable to any party for any act or failure to act relating to any advice listed on the Web Properties. You further acknowledge that none of the information contained on the Web Properties constitutes a solicitation, offer, opinion, or recommendation by CryptoIRA to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment. You acknowledge that investments in cryptocurrency are highly speculative, and you acknowledge that you are aware of the risks of such investments.
If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Web Properties.
We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed on the Web Properties. All trademarks and service marks of CryptoIRA that may be referred to on the Web Properties are the property of CryptoIRA, or one of our subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission. Neither the name of CryptoIRA.com, Inc, nor any of our trademarks, service marks, logos, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Web Properties or otherwise, without our prior written permission, except that a third party website that desires to link to the Web Properties and that complies with the requirements of Section 10 (Third Party Content and Third Party Applications) above may use the name “CryptoIRA” or the title of any Content in or as part of that link.
When notifying us of potential infringement, you must include the following:
A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide the DMCA Agent with a written communication containing the following:
We will promptly provide the party that provided the notice of alleged infringement with a copy of the counter-notification, and inform the complaining party that we intend to restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled content. Until that time, your content will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent, Attn: Director of Finance, at help@CryptoIRA.com or by certified mail and marked “Copyright Infringement”, Attn: Director of Finance at the address set forth at the end of these Terms.
Before filing notice of copyright infringement, you must make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
(a) The Web Properties may now or in the future permit you to upload or post to the Web Properties or otherwise submit to CryptoIRA various forms of content, such as statements, identification documents, reviews, ratings, opinions, photos, video, text, graphics, music, sounds, questions, suggestions, messages, comments, feedback, ideas, notes, or any other content of any kind whatsoever (collectively, “User Content”).
(b) We do not claim ownership in your User Content. However, by submitting any User Content in any form to CryptoIRA, in addition to other provisions of these Terms, you automatically grant CryptoIRA, its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such User Content for the purpose of displaying and promoting such User Content on any website or other Web Properties owned or operated by, and in any related marketing materials produced by, CryptoIRA and/or its affiliates, successors and assigns without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else.
(c) Please remember that, even if we review your User Content, you will be solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed on or through the Web Properties, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that CryptoIRA, our site moderators and our agents reserve the right, in our sole discretion, to refuse, move, and/or remove User Content available on or through the Web Properties that, in our judgment, does not comply with these Terms and any other rules of user conduct applicable to our Web Properties, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You represent and warrant that neither your User Content nor your uploading, publishing or otherwise making available your User Content nor CryptoIRA’s use of your User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that you will not provide any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, invasive of another’s privacy, infringing of another’s intellectual property rights, unlawful, or otherwise offensive, as determined by CryptoIRA in its sole discretion.
Your Consent To This Agreement
By accessing and using the Web Properties, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of the revised Terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, please send your requests to:
10440 North Central Expressway, Suite 800
Dallas, Texas 75231
Phone: (888) 991-1049
Copyright © 2017. CryptoIRA.com, Inc. All Rights Reserved.
Effective as of: December 27, 2017
Last updated: December 27, 2017