The following Terms of Service (“ToS”) govern the use of the Bitcoin IRA website, located at www.BitcoinIRA.com (the “Website”), which is managed by Alternative IRA Services, LLC, a Nevada Limited Liability Company, with a principal place of business at 7336 W. Post Road, Suite 111, Las Vegas, NV 89113. For purposes of this Agreement, “BCI”, “we” or “us” refers to Alternative IRA Services, LLC and its subsidiaries, affiliates, successors, assignees and their respective officers, directors, employees and agents.  “You”, “Your” or “yours” refers to the individual accessing or using the Website. We encourage you to review these ToS regularly, as they are subject to change.

1. GENERAL TERMS AND CONDITIONS

These Terms of Service govern your access to and use of the Website and all related platform services (collectively, the “Services”). By accessing or using this Website, you confirm that you have read, understood, and agreed to comply with these ToS. These ToS form a binding legal agreement between you and BCI and apply in addition to any other agreements you may have with BCI related to products, services, content, tools, or information provided on the Website. If you do not agree with any part of these ToS, you must immediately discontinue use of the Website.

BCI reserves the right to modify the ToS at any time. We have no obligation to notify you of any modifications. We will post any modification on this page, and the revised ToS will be effective immediately upon posting. Your continued use of the Website following any modifications constitute acceptance of the updated terms. For significant changes, BCI will seek your consent as required by law. We recommend that you review these ToS regularly to stay informed about any updates.

BCI may, at any time and without notice, modify, suspend, or discontinue, any part of the Website or Services, temporarily or permanently, without notice.

By using the website, you agree to keep all proprietary and confidential information and trade secrets of BCI, including, non-public terms, pricing, and user account information, secure and confidential. You may disclose such information only as required by law or legal process, or if it becomes publicly known through authorized means.

2. NO INVESTMENT ADVICE OR SOLICITATION

BCI is not an investment firm and does not provide investment, financial, legal, tax, or other professional advice. All information contained on the Website is for informational and educational purposes only and should not be considered as advice or recommendation to make any specific financial decision. Information contained on the Website is not a substitute for the advice or services of a financial advisor.

You agree that all decisions you make on investment matters are your full responsibility, and you agree to consult with your own financial or other qualified advisor prior to making any investment decisions. You agree to accept full responsibility for any investment you make. You understand that the purchase of investment assets through the Website involves the risk of loss, including the potential loss of principal. BCI is not liable for any investment losses you may incur.

Except where expressly noted, all information and communication on this Website are for informational purposes only and do not constitute an offer, solicitation, or recommendation to buy or sell any investments, securities, or other financial instruments. BCI does not endorse, recommend, or promote any specific investments or financial products.  Additionally, BCI disclaims any responsibility for the accuracy, completeness, or reliability of any third-party information or links provided on the Website.

Further, the information contained on the Website does not constitute, and may not be used for or in connection with any offer or solicitation in any state or jurisdiction where such an offer or solicitation would be unauthorized, or to any person to whom it would be unlawful to make such offer or solicitation.

3. NOT A DEPOSIT ACCOUNT

You acknowledge and agree that BCI is not a bank, financial institution, or depository institution. BCI is a technology platform designed to facilitate access to cryptocurrency investment options.

BCI does not custody client funds or assets directly. Instead, BCI partners with a regulated custodian to securely hold and safeguard client funds and digital assets. This custodial relationship ensures compliance with applicable regulations and provides the necessary framework for asset protection.

BCI makes no representations or warranties about the performance, security, or functionality of the custodian but ensures partnerships are established with regulated entities to provide reliable custody services. Users are encouraged to review the terms and agreements of the custodian to understand how their funds and assets are managed.

4. PRIVACY

Your privacy is important to us. BCI’s Privacy Policy describes how we collect, use, and protect your personal information when you use the website. By accessing or using the Website, you acknowledge and agree to the collection and use of your information as outlined in the Privacy Policy. Our Privacy Policy provides important disclosures regarding how you may use the Website to share with others and how BCI collects, uses, and safeguards your content and information. The BCI Privacy Policy is incorporated into these Terms, by reference and is available on the Legal Information page.

5. E-MAIL

You are prohibited from sending unsolicited e-mails or any e-mail containing false or misleading information in the return address or subject line to any recipient with an e-mail address that includes the domain name “bitcoinira.com”. Additionally, you may not use our domain name as a pseudonymous return e-mail address for any communications sent from another location or service. Impersonating others or misrepresenting your identity (“spoofing”) in connection with your use of the Website is strictly prohibited.  

6. INTELLECTUAL PROPERTY AND COPYRIGHT

The contents of the Website and any products or services provided or sold by BCI, including the Website’s design, likeness, text, graphics, logos, button icons, images, audio and video clips (if any) and software, as well as the compilation of businesses, lenders and opportunities listed on the Website, are the property of BCI or are used with permission. These materials are protected by copyright, trademark and other intellectual property laws and are subject to the terms of licenses held by BCI.

Without BCI’s prior written consent, you may not reproduce, modify, distribute, transmit, republish, display, or perform any content or software on the Website, or of any products or services offered by BCI. You are permitted to copy information from the Website only to the extent strictly necessary for personal use, such as viewing, saving, printing or transmitting it.   Any commercial use or public dissemination of information or data gathered from BCI is strictly prohibited unless specifically authorized in writing. Violation of these restrictions may result in compensatory and punitive damages, and BCI is entitled to seek equitable relief in addition to other available remedies.

By submitting information or other material to BCI, you grant BCI a perpetual, worldwide, royalty-free, irrevocable, and non-exclusive license  to use, reproduce, modify, adapt, publish, create derivative works from, and distribute such materials or portions of such materials, in any form or medium, now known or later developed, as necessary to fulfill the terms of the ToS and the actions and transactions contemplated hereby.

Nothing on the Website grants, by implication or otherwise, any license or right to use any trademark displayed on the Website without the written permission of BCI or the applicable third-party owner. You agree not to, and will not permit others to, decompile, disassemble, reverse engineer, copy, use, merge, disclose, sell, or transfer the underlying source code or structure or sequence of BCI’s technology or delete or alter author attributes or copyright notices.

You are authorized to use the Website solely for your own purposes and agree not to allow others to access the Website through your account.

7. DIGITAL MILLENNIUM COPYRIGHT ACT

BCI respects the intellectual property rights of others and expects its users to do the same. We may remove materials that, in our sole discretion, appear to infringe upon the intellectual property rights of others, and we reserve the right to restrict access for repeat infringers.

If you believe that material protected by a U.S. copyright that you own has been posted on the Website without authorization, you may submit a notification to BCI’s legal team via email at [email protected]. Your notification must include the following information:

·      A physical or electronic signature of the person authorized to act on behalf of the copyright owner;

·      Identification of the copyrighted work(s) claimed to have been infringed;

·      A detailed description of the infringing material, along with information sufficient for   us to locate it, including the URL where the infringing material appears;

·      Your address, telephone number, and e-mail address;

·      A statement by you, made in good faith, that you believe the use of the material is not authorized by the copyright owner, its agent or the law; and,

·      A statement by you that the above information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING BCI THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

8. COMMUNICATION

The Website complies with the Telephone Consumer Protection Act, 47 U.S.C. § 227. By submitting your personal information through the Website, you establish a business relationship with BCI and consent to receive communications via email, phone calls, and text messages from or on behalf of BCI, its subsidiaries, and partnering agents and carriers at the contact information provided. Additional charges may apply for SMS, calls or internet usage depending on your provider.

You will have the option to opt out of receiving future communications from us. Please see the Marketing Communication Policy for more information and note that your consent to receive communications is not a condition for purchasing any services, and you are under no obligation to use our services.

9. HYPERLINK POLICY

The Website may contain links to third-party websites for your convenience.

The inclusion of any link does not constitute or imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by BCI of any information available on the linked third-party website. BCI is not responsible for the information, products, services, or use of any third-party website, nor for your inability to use such website. The terms and conditions, as well as the website’s privacy policy may be different from those applicable to your use of the BCI Website. We encourage you to review the terms and conditions and privacy policies of any third-party websites carefully before using them.

YOUR INTERACTIONS, CORRESPONDENCE, AND BUSINESS DEALINGS WITH ANY THIRD PARTIES ACCESSED THROUGH LINKS ON THE WEBSITE — INCLUDING, BUT NOT LIMITED TO, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY.

BY USING THE WEBSITE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHTS AND RELEASE BCI AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES ARISING FROM OR RELATED TO YOUR USE OF THE THIRD-PARTY WEBSITE AND THEIR CONTENT.

10. THIRD-PARTY SERVICE PROVIDERS

BCI utilizes third-party service providers to enhance the user experience on the BCI platform. These third parties may only use your personal information to perform tasks and duties related to a legitimate purpose that has been duly authorized by BCI and the user through use of our Site. By accessing and using this Website, you acknowledge, accept, and agree to all the Third-Party terms, conditions, and privacy policies described or incorporated by reference below.

·      Balto AI, Plaid, Inc., Google Analytics, Veriff, and/or Firebase

·      Dwolla, Inc.: To use the payment functionality of Bitcoin IRA’s application, you must open a “Dwolla Account” provided by Dwolla, Inc. and accept the Dwolla Terms of Service and Privacy Policy.  Funds held in or transferred through your Dwolla Account are held or transferred by Dwolla’s financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at bitcoinira.com, [email protected] and/or 877-681-9614.

·      Other Third-Party Service Providers: BCI may also engage additional third-party providers to support various business operations. These providers may access your information only as needed to perform essential tasks and are prohibited from selling your information to any other party.  These service providers may include third parties involved in transaction and payment processing, transaction monitoring, data analytics, identity verification, data storage, etc.

11. THIRD-PARTY CONTENT

The materials provided or distributed by BCI, and its affiliates may include data, commentary, quotes, research, analysis, tools, news, and other information supplied by companies not affiliated with BCI (“Third-Party Content”). By accessing and using this Website, you acknowledge, accept, and agree to all the Third-Party terms, conditions, and privacy policies described or incorporated by reference below.

Third-Party Content is generally identified as such and is provided solely for informational purposes only. Although BCI considers these sources to be reliable, you acknowledge that Third-Party Content may contain information that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive, or otherwise objectionable. BCI makes no representations or warranties regarding the accuracy, timeliness, completeness, or usefulness of Third-Party Content and does not guarantee its reliability. All Third-Party Content is provided “AS IS,” and neither the Third-Party Content providers nor BCI shall have any liability, whether online or offline, related to the use or misuse of the Third-Party Content provided.

The inclusion of Third-Party Content does not imply an endorsement or affiliation between BCI and any Third-Party Content Providers. Third-Party Content may be protected by United States or international copyright law and may not be copied, used, or distributed without the permission from the prospective Third-Party Content Provider. All trademarks and service marks identifying Third-Party Providers are property of their respective owners.

Third-Party Content does not constitute legal, financial, or investment advice and should replace independent legal counsel or financial due diligence. Users are encouraged to independently evaluate and verify all Third-Party Content.

12. ACCOUNT REGISTRATION

To access and use certain features of the Website and Services, you must create an account by completing the sign-up process. By creating an account, you agree to provide accurate, current, and complete information about yourself as prompted by the sign-up form, including a valid email address and other information as required. The email address must be an actual address that belongs exclusively to you. You may not use an email address that is used by or shared with someone else, and the email address cannot be indecent, or otherwise offensive, or be used in any way that violates the ToS. You further agree to maintain and promptly update your information to keep it accurate, current, and complete. BCI reserves the right to refuse sign-up or limit access to the Website at its sole discretion, including but not limited to cases where registration requirements are not met.

Maintaining the security and confidentiality of your account is critical. You are responsible for safeguarding your account credentials, including your password, and for any activities or actions that occur under your account. BCI recommends that you use strong, unique passwords and enable two-factor authorization if available to enhance account security. You agree to notify BCI immediately of any unauthorized use of your account or any other breach of security by contacting our support team. 

To ensure compliance with applicable laws and the security of all users, BCI may monitor access to and activity on the Website and may suspend or terminate access to your account if unauthorized use is detected, if you fail to comply with the ToS, or for other lawful reasons, in BCI’s sole discretion. As part of the registration process and ongoing account management, you may be required to verify your identity by providing additional information or documentation, as required by applicable laws or regulations (e.g., Know Your Customer and Anti-Money Laundering requirements). BCI may, at its discretion, suspend or restrict your account if verification requirements are not met.

You are solely responsible for maintaining the security of your account and all activities conducted under your account, even if such activities were not authorized by you. BCI disclaims any liability for losses or damages resulting from unauthorized access to your account due to your failure to secure your account credentials (see Disclaimer of Warranties and Limitation of Liability below).

13. ACCOUNT TERMINATION

BCI reserves the right, in its sole discretion and without prior notice, to suspend or terminate your account, and remove any associated content from the Website and/or Services. Grounds for such termination may include but are not limited to: (i) Extended periods of inactivity, (ii) Violation of the ToS, (iii) Fraudulent, harassing, or abusive behavior, (iv) Actions that harm or pose a risk to other users, third-parties, or the business interests of BCI, or (v) Infringement of intellectual property rights.

If BCI determines, in its sole discretion, that a violation of the ToS or any illegal or inappropriate behavior has occurred, BCI may take corrective action, including account suspension, content removal, or permanent termination. BCI reserves the right to cooperate fully with law enforcement authorities or comply with any court orders requesting or directing BCI to disclose the identity or activities of anyone believed to have violated these ToS or engaged in unlawful conduct while using the Services.

If your account has no funds, you may terminate it at any time by contacting us at [email protected]. Upon termination, certain provisions of these ToS will continue to apply, including those related to Intellectual Property, Disclaimer of Warranties and Limitation of Liability, Indemnification, Data Storage and Access Outside the United States, and Reservation of Rights shall survive any termination.

14. DISCLAIMER

Use of any aspect of the Website and Services is at your own risk. The Website, Services, and all content provided by BCI are offered “as is” and “as available,” without any representations or warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. BCI makes no guarantee that the Website will be uninterrupted, error-free, or free from viruses or other harmful components.

In no event shall BCI, its affiliates, or their respective owners, officers, directors, employees, contractors, or agents be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special, or other damages of any kind. This includes, without limitation, damages for loss of profits, data, or other intangibles, even if BCI has been advised of the possibility of such damage. This limitation of liability applies to all claims arising out or in connection with the Website, Services, or any content made available through the Website, whether based on contract, tort (including negligence), strict liability, or any other legal theory.

15. USE RESTRICTIONS

The software and technology underlying the Website are the property of BCI, and your access and use of the Website are subject to these ToS. You may not connect to or use the Website in any way that is not expressly permitted by the ToS. Specifically, you may not do, or attempt to do, any of the following: (i) Attempt to decipher, decompile, disassemble, or reverse-engineer any  software used to provide the Services (including without limitation, for the purpose of obtaining unauthorized access to the Website) without Company’s prior written authorization, including framing or mirroring any part of the Website; (ii) Circumvent, disable, or otherwise interfere with security-related features of the Services, the Website, or features that prevent or restrict use or copying of any content; (iii) Use the Website or Services for any  commercial purpose  except as explicitly permitted in the ToS; (iv) Sell, resell or otherwise monetize any content provided by the Website , except as specifically set forth in by the ToS; (v) Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine the Website, or to  circumvent the navigational structure or presentation of the Website; (vi) Harvest, collect or mine information about other users of the Website; (vii) Create a database by systematically downloading and storing all or any of the content on the Website; (viii) Remove, obscure, make illegible or alter any proprietary notices or labels or other indications of BCI’s rights in the Website; (ix) Use or access another user’s account or password for any reason; or (x) Use the Website or Services in any manner not expressly permitted by the ToS.

Violating these restrictions may result in suspension or termination of your access to the Website, as well as further legal action where applicable.

16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

BCI, ITS AFFILIATES, AND THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, REGARDING ANY RETIREMENT ACCOUNTS, INVESTMENTS, SECURITIES, COMMODITIES, ASSETS, CRYPTOCURRENCIES OR THEIR PERFORMANCE. BCI AND ITS AFFILIATES BEAR NO LIABILITY FOR THE OUTCOMES OR RISKS ASSOCIATED WITH ANY INVESTMENT.

Investing in Bitcoin and other cryptocurrencies involves significant risk and is highly speculative. By investing, you acknowledge that you have the financial ability, experience, and willingness to bear the risks, including the potential for a total loss of your investment. For more details, please review BCI’s Risk Disclosures on the Legal Information page, which are incorporated into these Terms by reference.

Any material you access, download, or obtain through the Website is at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from such activities.

BCI AND ALL OF ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE REGARDING THE WEBSITE, INCLUDING ITS  INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (II) ANY WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF THE PLATFORM, AND (III) ANY WARRANTIES OR CONDITIONS OF UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE ACCESS OR USE OF THE WEBSITE, INCLUDING ANY PARTS THEREOF; AND (IV) ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING   THE WEBSITE, OR ANY PART THEREOF. THE WEBSITE AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

BCI makes no guarantees or warranties of any kind as to the adequacy, completeness, sufficiency, timeliness or accuracy of any material available on or through the Website.

BCI, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF EARNINGS, GOODWILL,DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, COMPUTER FAILURE, OR MALFUNCTION OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTIES ENUMERATED ABOVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM (I) THE USE OR INABILITY TO USE THE WEBSITE OR ANY PART THEREOF, INCLUDING ANY ERRORS, OMISSIONS, VIRUSES, MALICIOUS CODE, OR OTHER INACCURACIES IN THE WEBSITE (II) ANY INFORMATION OR MATERIALS AVAILABLE OR ACCESSIBLE THROUGH THE WEBSITE OR ANY PART THEREOF. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT ANY LIMITATIONS HEREIN ARE PROHIBITED BY LAW, THEIR APPLICABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

This limitation on liability also includes, without limitation, any transmission of viruses that may infect your equipment, mechanical or electronic equipment failures, communication line failures, telephone or other interconnect problems (e.g., you cannot access your internet provider), unauthorized access, theft, operator errors, strikes or labor disputes or any other force majeure events.

YOU HEREBY AGREE THAT BCI’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU (OR ANY OTHER USER) PAID TO BCI FOR USE OF THE WEBSITE AND/OR THE PLATFORM SERVICES DURING THE TERM OF THIS AGREEMENT.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BCI, its affiliates and their respective officers, directors, employees, agents, and representatives from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, brought by any third-party due to or arising out of: (i) your use of the Website or any materials contained in the Website, (ii)  your  breach of these ToS or any  materials they  incorporate by reference, including without limitation the BCI Privacy Policy, (iii) your violation of any applicable law, regulation, order, or other legal mandate, or (iv) your infringement of any  rights of a third-party.

This obligation to indemnify applies to all liabilities, losses, damages, and expenses incurred by BCI or its affiliates because of the claims described above.

18. FORWARD LOOKING STATEMENTS

Certain statements on the Website and in its content may constitute “forward-looking” statements, which involve known and unknown risks, uncertainties and other factors that could cause actual investment returns to differ materially from those expressed or implied in such statements. Forward-looking statements often include terms such as “may,” “will,” “expect,” “believe,” “plan,” “expect,” “anticipate,” “intend” and similar language, reflecting current expectations about future events as of the date they are posted on the Website. 

These statements involve significant risks and uncertainties and should not be regarded as guarantees of future performance or returns.  Actual investment outcomes may differ, and users of the Website, including any individuals investing through the BCI platform, are advised not to place undue reliance on these forward-looking statements.

Multiple factors could cause actual results or developments to differ significantly from those anticipated in forward- looking statements. Although BCI and its advisors base these statements on assumptions deemed reasonable, BCI cannot ensure that actual results, returns or events will align with these forward-looking statements.

Forward-looking statements are made as of their date of posting on the Website, and BCI and its affiliates expressly disclaim any obligation to update or revises these statements or any related content to reflect new information, future events, or changed circumstances.

19. CHOICE OF LAW AND DISPUTES

These ToS, including all non-contractual obligations arising from or related to this Agreement, shall be governed by the laws of the State of Nevada, without regard to its conflict of laws principles.  Both parties irrevocably agree to submit to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada, for any claim or dispute arising from connected with this Agreement. This provision does not prevent BCI from seeking injunctive relief in other jurisdictions, as needed.

EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY AND INTENTIONALLY WAIVES THE RIGHTS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING FROM OR RELATED TO THIS AGREEMENT.

20. DATA STORAGE AND ACCESS OUTSIDE OF THE UNITED STATES

Your personal information may be processed by third-party providers, whose data protection and privacy protections may not afford the same level of protection as required by laws of certain countries, such as the member nations of the European Union.

BCI makes no representations that the Website or its contents are appropriate or available for use outside of the United States. Accessing the Website from outside the United States is at your own risk, and you are responsible for complying with the laws of your country.

You may not use or export any content from the Website in violation of U.S. export laws and regulations.

21. RESERVATION OF RIGHTS

All rights not expressly granted to you in these ToS are reserved by BCI. No joint venture, partnership, employment, or agency relationship is created between you and BCI because of the ToS or your use of the Website.

BCI’s failure to exercise or enforce any right or provision of the ToS does not constitute a waiver of that right or provision. If any provision of the ToS is deemed invalid or unenforceable by a court of competent jurisdiction, the parties agree that the court give effect to the parties’ intentions as closely as possible, and   all other provisions of the ToS will remain in full effect.

You agree that any claim or cause of action related to use of the Website or the ToS must be filed within one (1) year after the claim or cause of action arises; otherwise, it is permanently barred, The ToS are not assignable, transferable or sub licensable by you. Neither the course of conduct between you and BCI, nor trade practice shall act to modify any provision of the ToS.

22. REFERRALS AND PROMOTIONS

BCI may, from time to time, offer referral or promotional rewards to users. These rewards are governed by specific terms and conditions outlined in the promotional materials or within our website disclosures. Details on current incentive programs are available on the Legal Information page under Marketing Promotions.

Please note that referral incentives cannot be applied to any uninvested cash balance within an account. All referral and promotional programs are subject to applicable Department of Labor and Internal Revenue Service regulations and guidelines.

23. ARBITRATION

·      Agreement to Arbitrate: You and BCI agree to resolve any claims or disputes arising out of or relating to these Terms of Use, your use of the Site, or any products or services provided by BCI, through binding arbitration, rather than in court, except for matters that may be taken to small claims court if they qualify. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. The arbitration will be conducted on an individual basis, and class arbitrations or class actions are not permitted.

·      Arbitration Rules and Forum: The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You can review these rules at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall take place in the county where you reside or in another mutually agreed location. If the claim does not exceed $10,000, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

·      Opt-Out Procedure: You can choose to reject this Arbitration Agreement by mailing a written opt-out notice to Bitcoin IRA, Attention: Legal Department, 7336 W. Post Road, Suite 111, Las Vegas, NV 89113, within 30 days of accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of this Arbitration Agreement. Opting out will not affect any other provisions of these Terms.

·      Waiver of Jury Trial: By agreeing to arbitration, you and BitcoinIRA are each waiving the right to a trial by jury or to participate in a class action. All claims and disputes must be arbitrated on an individual basis and may not be consolidated in any arbitration with claims or disputes of other users.

·      Severability: If any part of this Arbitration Agreement is found to be invalid or unenforceable, the other parts will remain in full force and effect.

24. UPDATES TO THE ToS

We reserve the right to modify  or update this ToS as needed. When change are made, we will post the revised Policy on the Site to keep you informed about the information we collect, use and disclose. We encourage you to review the ToS periodically to stay up-to-date If you have any questions about the Policy, please contact us at [email protected].

25. QUESTIONS OR COMMENTS

BCI welcomes questions and comments regarding these ToS. For inquiries, please contact us at:

7336 W. Post Road, Suite 111

Las Vegas, NV 89113

877-936-7175

[email protected]