BuyBitcoinACH reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Site, at any time and at its sole discretion. We will provide notice of these changes by posting the revised Terms to the Site and changing the "Last Revised" date at the top of the Terms, or by emailing Users at their provided email addresses, or by any other means as determined by BuyBitcoinACH. Method of notification will be left to BuyBitcoinACH's sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that BuyBitcoinACH transmits the information to the Users (e.g. via email). These changes will apply at that instant to all then current and subsequent uses of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site.BuyBitcoinACH operates as a money exchange and is not a trading platform.
By accessing or using the Site, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Site. You also represent and warrant that you are not a resident of a Restricted State. The list of Restricted States is subject to change at any time. In the event a state becomes a Restricted State, BuyBitcoinACH will provide Users residing in that state with notice via email, a notification on our Site, or other means as we deem necessary, regarding their access to the Services.
You represent and warrant that you are not: (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, (b) identified as a "Specially Designated National,” or (c) placed on the Commerce Department's Denied Persons List. You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms.
Finally, you represent and warrant that you will not be using this site for any illegal activity, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, or other violent activities.
Notwithstanding the foregoing, BuyBitcoinACH may not make the Services, in whole or in part, available in every market, either in its sole discretion or due to legal or regulatory requirements, depending on the User’s location.
2. ACCOUNT AND INITIAL FUNDING; THIRD PARTY TRANSFERS
In order to access and use the Services, you must create an account with BuyBitcoinACH (an “Account”). You agree to: (a) provide accurate, current and complete information when creating the Account; (b) maintain and promptly update your Account information to keep it accurate, complete, and current; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer, tablet, or mobile device; (d) promptly notify BuyBitcoinACH if you discover or otherwise suspect any security breaches related to the Site or your Account; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
You must provide BuyBitcoinACH with a valid email address to create an Account. You agree to keep your email address on file with us updated. You may withdraw your consent to receive emails by sending a withdrawal notice to BuyBitcoinACH, understanding that BuyBitcoinACH may suspend or terminate your ability to use the Services. You understand and agree that if BuyBitcoinACH sends you an electronic communication but you do not receive it because your email address on file is incorrect or out of date, or because our email is blocked by your service provider or intercepted by your spam filter, or you are otherwise unable to receive electronic communications, BuyBitcoinACH will be deemed to have provided the communication to you regardless.
When you elect to transfer coins from your Account to a third party wallet or other location, it is always possible the party administering the new location may reject your transfer or that the transfer may fail due to technical or other issues affecting our platform. You agree that you shall not hold BuyBitcoinACH liable for any damages arising from a rejected transfer.
BuyBitcoinACH reserves the right to limit the number of Accounts that any User or such User’s affiliates can open or hold.
4. CONFIDENTIALITY OF THE TRANSMISSION OF INFORMATION OVER THE INTERNET
5. RISK DISCLOSURE STATEMENT
BuyBitcoinACH provides an execution-only service and does not advise on the merits of any particular transactions or their tax consequences. As a general matter, Users should be aware of the following prior to utilizing our Services.
Each particular coin has a unique feature set that makes it more or less likely to fluctuate in value. In addition, factors beyond BuyBitcoinACH’s control may affect market liquidity for a particular coin, such as regulatory activity, market manipulation, or unexplainable price volatility. Blockchain networks may go offline as a result of bugs, hard forks, or a number of other unforeseeable reasons. BuyBitcoinACH does not assume the risk of losses due to trading or due to factors beyond its control regarding the viability of specific blockchain networks. As a general matter, we advise Users with limited experience buying digital currency.
Understanding coins requires advanced technical knowledge. Coins are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks. Listing of a coin on BuyBitcoinACH does not indicate approval or disapproval of the underlying technology regarding any coin, and should not be used as a substitute for your own understanding of the risks specific to each coin. We give you no warranty as to the suitability of the coins exchanged under these Terms and assume no fiduciary duty in our relations with you.
You accept the risk of exchanging coins. In entering into any transaction on the Platform, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of the transaction and the underlying coins. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction or any underlying coin.
You are responsible for complying with applicable law. You agree that BuyBitcoinACH is not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your use of the Services.
You are aware of and accept the risk of operational challenges. BuyBitcoinACH may experience sophisticated cyber attacks, API, outages, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions in the Service. You understand that the Service may experience operational issues that lead to delays on our platform. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold BuyBitcoinACH accountable for any related losses.
BuyBitcoinACH does not advise on trading risk. If at any point BuyBitcoinACH or its representatives do provide market commentary, blogs, research, opinion or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of truth or due diligence on behalf of BuyBitcoinACH or its representatives.
BuyBitcoinACH is a regulated entity and must comply with applicable law. Applicable law, regulation, and executive orders may require BuyBitcoinACH to, upon request by government agencies, freeze withdrawals or exchanges (or both), or provide information regarding your account. Further, our record-keeping and customer verification procedures are subject to change at any time as required by law or industry practices. We must comply with the law and you accept any inconveniences to you or other consequences resulting from our compliance.
Users accept all consequences of sending coins to an address off our platform. Coin transactions may not be reversible. Once you send coins to an address, you accept the risk that you may lose access to your coins indefinitely. For example, an address may have been entered incorrectly and the true owner of the address may never be discovered, or an address may belong to an entity that will not return your coins, or an address belongs to an entity that may return your coins but first requires action on your part, such as verification of your identity.
6. ATTACKS ON BLOCKCHAIN NETWORKS
BuyBitcoinACH does not have any ability to prevent or mitigate attacks on blockchain networks. With respect to its platform, BuyBitcoinACH reserves the right to take the following commercially reasonable actions in the event of an attack: (i) If BuyBitcoinACH is able to confirm that a coin active on the Platform has been compromised or is under attack, BuyBitcoinACH may immediately halt exchanging, deposits, and withdrawals for such coin; (ii) if it is determined that such an attack caused the coin to greatly decrease in value, BuyBitcoinACH may discontinue exchange activity on such coin entirely. BuyBitcoinACH does not have any obligation to engage in activity in relation to attacks on blockchain networks.
Resolutions concerning deposits, withdrawals, and User balances for an attacked coin will be determined on a case-by-case basis by BuyBitcoinACH in its sole discretion. BuyBitcoinACH makes no representation and does not warrant the safety of the Platform and is not liable for any lost value or stolen property, whether or not BuyBitcoinACH was negligent in providing the proper security.
7. Anti-Money Laundering (AML) & Know Your Customer (KYC) Policy
BuyBitcoinACH protects itself from involvement in any activity that facilitates money laundering or other criminal activities by following the FinCEN guidance for MSBs operating in the United States. BuyBitcoinACH aims to reasonably identify each User by cross-checking User data against governmental watch lists such as the Specially Designated Nationals and Blocked Persons List (“SDN”) maintained by the Office of Foreign Assets Control
(“OFAC”) within the U.S. Department of Treasury, as well as through the utilization of 3rd party identity verification and authentication services. If a User or a User’s transaction is flagged as suspicious through our internal controls, BuyBitcoinACH will require additional proof of identification from the User and has the right to not permit any exchanges, deposits, and/or withdrawals until additional and verifiable proof of identity satisfactory to BuyBitcoinACH in its sole discretion is received and BuyBitcoinACH has approved the User for use of the Platform.
By agreeing to our Terms, you acknowledge and understand that BuyBitcoinACH maintains verification levels which require User participation and verification in order to obtain, with leveled permissions based on User-supplied information, our ability to verify it, and our internal policies. You accept that you may not be able to achieve a desired level of verification, and BuyBitcoinACH reserves the right to determine, at its sole discretion, the appropriate verification level and criteria for any User, as well as the right to downgrade Users without prior notice. BuyBitcoinACH may, from time to time, implement policies restricting verification levels and criteria by nationality, country of residence, or any other factor. This may affect your ability to withdraw coins and you agree to indemnify, defend and hold harmless BuyBitcoinACH against any losses associated with an inability to deposit and/or withdraw coins based on the verification level assigned by BuyBitcoinACH to your Account.
8. THIRD PARTY CONTENT
BuyBitcoinACH and its Users may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by BuyBitcoinACH (collectively the "Third Party Content") as a service to those interested in this information. BuyBitcoinACH does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that BuyBitcoinACH is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. BuyBitcoinACH is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
9. NO TRANSFERABILITY OF ACCOUNT
While the Account and the Services provided to a User are not transferable under any circumstance and shall be used only by the User, BuyBitcoinACH shall have the right to transfer, assign, or sell all the rights, benefits, or obligations to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of BuyBitcoinACH or its lenders, if any.
10. ELECTRONIC TRANSACTIONS
BuyBitcoinACH does not own or control any of the underlying software through which blockchain networks are formed and coins are created and transacted. In general, the underlying software for blockchain networks tends to be open source such that anyone can use, copy, modify, and distribute it. By using the Services, you acknowledge and agree (i) that BuyBitcoinACH is not responsible for operation of the underlying software and networks that support coins and that BuyBitcoinACH makes no guarantee of functionality, security, or availability of such software and networks; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “Forks”), and that such Forks may materially affect the value, function, and/or even the name of the coins you store in your Account. In the event of a Fork, you agree that BuyBitcoinACH may temporarily suspend the Services (with or without advance notice to you) and that BuyBitcoinACH may, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the Forked network entirely, provided, however, that you will have an opportunity to withdraw coins on at least one of still existent underlying networks. You acknowledge and agree that BuyBitcoinACH assumes absolutely no responsibility whatsoever in respect of any underlying software protocols, whether Forked or not.
BuyBitcoinACH may delist a coin at any time in its sole discretion based on a number of factors, one of which may include changes in a given coin’s characteristics after BuyBitcoinACH has listed the coin.
A transaction on the Platform may fail for several reasons, including but not limited to change in seller prices, insufficient margin, or unanticipated technical difficulties. We make no representation or warrant that any transaction will be executed properly. BuyBitcoinACH is under no circumstances liable for any loss or injury suffered by a failure of a transaction to complete properly or in a timely manner. Further, BuyBitcoinACH is in no way responsible for notifying you of a transaction failure. The User has full responsibility to determine and inquire into the failure of any transaction the User initiates.
In the event that you receive any data, information, or software through our Services other than that which you are entitled to receive pursuant to these Terms, you will immediately notify us and will not use, in any way whatsoever, such data, information, or software. If you request a withdrawal of coins and we cannot comply with it without closing some part of your open positions, we will not comply with the request until you have closed sufficient positions to allow you to make the withdrawal.
BuyBitcoinACH may refuse to execute a trade, impose trade amount limits or restrictions at any time in its sole discretion without notice. Specifically, BuyBitcoinACH reserves the right to refuse to process, or the right to cancel or reverse, any transaction or disable a User’s deposit address on the Platform where BuyBitcoinACH suspects the transaction involves money laundering, terrorist financing, fraud, or any other type of crime or if BuyBitcoinACH suspects the transaction relates to a prohibited use as stated in our Terms, including transactions involving the opening of an Account and subsequent closure without any actual exchanginging occurring. BuyBitcoinACH provides deposit Accounts to enable texchaging using the Services and does not allow Users to use such Accounts as a web wallet or address changing service. We reserve the right to halt deposit activity at our sole discretion. While BuyBitcoinACH may in its discretion reverse an exchange, a User may not change, withdraw, or cancel its authorization to make a transaction.
BuyBitcoinACH may correct, reverse, or cancel any exchange impacted by an error in processing your purchase or otherwise. Your remedy in the event of an error will be limited. You may seek to cancel your order or obtain a refund of any amounts charged to you, although we cannot guarantee such cancellations or refunds will always be possible.
BuyBitcoinACH provides its Users with a platform that allows their orders to be executed. BuyBitcoinACH may act as either a Market Maker or Agent for both buy and sell transactions.
The coins that are available for purchase through the Services may be subject to high or low transaction volume, liquidity, and volatility at any time for potentially extended periods. You acknowledge that while we are using commercially reasonable methods to provide exchange rate information to you through our Services, the exchange rate information we provide may differ from prevailing exchange rates made available by third parties. Similarly, the actual market rate at the time of your trade may be different from the indicated prevailing rate depending on the velocity of exchanging in the coins involved in your exchange. You agree that BuyBitcoinACH is not liable for price fluctuations or differences in actual versus indicated rates.
11. PERMANENT WITHDRAWAL OF SERVICE
BuyBitcoinACH may (a) suspend or terminate your access to the Services, and (b) deactivate or cancel your Account as required by a valid subpoena or court order, or if BuyBitcoinACH suspects you or others of using your Account in furtherance of illegal activity. You will be permitted to transfer coins associated with your Account for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order. If any transaction is in a pending state at the time your Account is canceled or suspended, such transaction may be canceled and/or refunded as appropriate. You may not cancel your Account if BuyBitcoinACH believes in its sole discretion that such cancellation is being performed in an effort to evade an investigation or avoid paying any amounts otherwise due to BuyBitcoinACH. Upon cancellation of your Account, you authorize BuyBitcoinACH to cancel or suspend pending transactions and, after providing electronic notice to you, return the coins associated with such transactions to the wallet address you provide to BuyBitcoinACH. In the event that you or BuyBitcoinACH terminates this agreement or your access to the Services, or deactivates or cancels your Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, BuyBitcoinACH may temporarily suspend access to your Account until the problem is resolved.
12. OWNERSHIP OF COINS
You hereby certify to us that any coins used by you in connection with the Platform are either owned by you or that you are validly authorized to carry out transactions using such coins, and that all transactions initiated with your Account are for your own Account and not on behalf of any other person or entity.
You agree to indemnify, defend and hold BuyBitcoinACH, its affiliates and service providers, and each of their respective officers, directors, agents, joint ventures, employees, and representatives, harmless from any claim or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms, (ii) your use of Services, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.
14. DISCLAIMER OF WARRANTIES
BuyBitcoinACH PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BuyBitcoinACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. BuyBitcoinACH DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND THE INFORMATION CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BuyBitcoinACH WILL MAKE REASONABLE EFFORTS TO ENSURE THAT TRANSACTIONS ON THE PLATFORM ARE PROCESSED IN A TIMELY FASHION, BUT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AMOUNT OF TIME NEEDED TO PROCESS SUCH TRANSACTIONS. BECAUSE COINS TRANSFERS ON AND OFF THE PLATFORM ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL INCLUDING DENIAL OF SERVICE ATTACKS AND THE LIQUIDITY OF THE COINS EXCHANGED ON OUR PLATFORM, AMONG OTHER FACTORS, BuyBitcoinACH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUCCESS OF, OR THE AMOUNT OF TIME NEEDED FOR, COIN TRANSACTIONS. YOU ALSO ACKNOWLEDGE THAT ANY INFORMATION THAT YOU STORE OR TRANSFER USING THE SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, THIRD PARTY PROTOCOL CHANGES, INTERNET OUTAGES, THIRD PARTY DENIAL OF SERVICE ATTACKS, ACTS OF GOD OR UNSCHEDULED MAINTENANCE. YOU ARE ENCOURAGED TO BACK UP AND SAFEGUARD YOUR INFORMATION, INCLUDING LOGIN CREDENTIALS, AT ALL TIMES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Additionally, you acknowledge that BuyBitcoinACH does not act or serve as your broker, intermediary, agent, or adviser with respect to any transaction you make or propose to make using the Services and owes you no fiduciary duty.
15. LIMITATION OF LIABILITY
T THE MAXIMUM EXTENT PERMITTED BY LAW, BuyBitcoinACH SHALL HAVE NO LIABILITY FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR TORT DAMAGES, OR LOST PROFITS) IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF BuyBitcoinACH HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BuyBitcoinACH’S LIABILITY FOR MONEY DAMAGES UNDER THESE TERMS EXCEED THE AMOUNT OF FEES RECEIVED FROM YOU DURING THE PRECEDING SIX (6) MONTH PERIOD.
16. APPLICABLE LAW AND VENUE
If under Section 23 below a legal or equitable claim is subject to arbitration, you agree that the Federal Arbitration Act and federal arbitration law apply. If under Section 23 below a legal or equitable claim is not subject to arbitration, you agree that federal law and the laws of domiciled jurisdiction of BuyBitcoinACH, without resorts to domiciled juristion of BuyBitcoinACH’s conflict of law provisions, apply. You agree that any legal or equitable claim arising out of or relating to your use of the Services or these Terms that is not subject to arbitration will be filed only in thedomiciled jurisdiction of BuyBitcoinACH or the Federal Courts of the District of domiciled jurisdiction of BuyBitcoinACH. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
To expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating to your use of the Services or these Terms, including the formation, validity, enforceability, scope, or applicability of these Terms, including this Section 23 (referred to as a “Claim”) will be resolved as follows: except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under your use of the Services shall be finally settled on an individual basis through confidential, binding arbitration in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes, available at www.adr.org and you and BuyBitcoinACH hereby expressly waive trial by jury. This means that all claims other than intellectual property lawsuits, such as copyright or trademark infringement lawsuits, or claims seeking non-monetary relief would be subject to binding arbitration. This includes claims which may per-date this agreement. The arbitration shall take place in domiciled jurisdiction of BuyBitcoinACH, in the English language and the arbitrator decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees.
ADDITIONALLY, YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. If a court or federal regulator with oversight over BuyBitcoinACH decides that applicable law precludes enforcement of any of this section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and BuyBitcoinACH's right to appeal the court's decision. All other claims will be arbitrated.
All sections will survive any termination or expiration of these Terms.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
20. FORCE MAJEURE
In addition to applicable disclaimers stated above, BuyBitcoinACH's performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, snow storm, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.