1. GENERAL TERMS AND CONDITIONS
All use of the Website is subject to the ToU. By clicking/checking off the “I accept” button, you acknowledge, accept, and agree to all the terms, conditions, and privacy policies described or incorporated by reference below. The ToU represent a binding contract between you and BCI, and are in addition to any other agreements between you and BCI, if any, and any other agreements that govern your use of products, services, content, tools, and information available on the Website. If you do not agree with anything contained in the ToU, please do not click/check off the “I accept” button, submit information to, access information from, or otherwise utilize the Website.
You agree that we may modify the ToU at any time. We will have no further obligation to notify you of any modifications. It is your responsibility to review the ToU from time to time, to see if modifications have been made. Any modification is effective immediately upon posting on the Website. Your continued use of the Website following modification of the ToU will be conclusively deemed to signify your acceptance of the modification. Notwithstanding the aforesaid, for any material changes, we will seek your consent to the extent required by law. BCI reserves the right, at any time, to modify or discontinue, temporarily or permanently the Website (or any part thereof) without notice.
You agree to keep business information and trade secrets of BCI, including, but not limited to, terms and pricing which are not publicly disclosed, and any user account information confidential until such information becomes known to the public generally and except to the extent that disclosure may be required by law, regulation or legal process.
YOU MAY NOT SEND UNSOLICITED E-MAILS OR E-MAIL THAT INCLUDES FALSE OR MISLEADING INFORMATION IN THE RETURN ADDRESS OR IN THE SUBJECT LINE TO ANYONE WHOSE E-MAIL ADDRESS INCLUDES THE DOMAIN NAME BITCOINIRA.COM. YOU MAY NOT USE OUR DOMAIN NAME AS A PSEUDONYMOUS RETURN E-MAIL ADDRESS FOR ANY COMMUNICATIONS THAT YOU TRANSMIT FROM ANOTHER LOCATION OR THROUGH ANOTHER SERVICE. YOU MAY NOT PRETEND TO BE SOMEONE ELSE – OR SPOOF THEIR IDENTITY – WHEN USING THE WEBSITE.
4. INTELLECTUAL PROPERTY; COPYRIGHT
The contents of the website and any products or services provided or sold by BCI, including the website’s 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 it otherwise has the right to use them as part of the Website, and are subject to the copyright or other intellectual property rights of BCI and/or to the terms of licenses held by BCI. Such intellectual property is protected by federal and state law. Without BCI’s prior written consent you may not reproduce, modify, distribute, transmit, republish, display or perform the content and software on the Website, or of any products or services sold by BCI. You may copy information from the website only as may be strictly necessary for your own use to view, save, print, or transmit it. The commercial use or public dissemination of any information and data gathered from BCI is strictly prohibited, unless specifically authorized in writing. Any violation of the foregoing clause may subject you to compensatory and punitive damages, and shall specifically also entitle BCI to equitable relief, in addition to any other available remedies.
By submitting information or other material to us, you grant BCI a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of the terms of the ToU and the actions and transactions contemplated hereby. Nothing in the Website or elsewhere shall be construed as granting any license or right to use, implied or otherwise, any mark displayed on the Website without the written permission of BCI or the third party owner of the mark. You agree that you will not and will not allow 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 limited to use the Website to submit loan applications under the Merchant’s account and you shall use the Website solely for your own use and shall not allow others to use the Website under or through your account.
5. DIGITAL MILLENNIUM COPYRIGHT ACT
BCI expects its users to respect the intellectual property rights of others. We may remove Materials that appear in our sole discretion to infringe upon the intellectual property rights of others and it is our policy to restrict the access rights of repeat infringers. If you believe a work protected by a U.S. copyright you own has been posted without authorization, you may notify the BCI copyright agent, and provide 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 or works claimed to have been infringed,
A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears,
Your address, telephone number and e-mail address,
A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that 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.
The BCI copyright agent can be reached at:
333 South Grand Ave Suite 1700
Los Angeles, CA 90071
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.
6. ELECTRONIC COMMUNICATION
The communications between you and BCI are electronic. You consent to receive communications from BCI in an electronic form, including email. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. BCI will use reasonable efforts to honor any request you may have to opt out from receiving emails. You hereby confirm and agree that your sole remedy in connection with any email sent by BCI to you shall be stopping the use of the Website.
7. HYPERLINK POLICY
YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE THIRD PARTY WEBSITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY.
YOU HEREBY IRREVOCABLY WAIVE ALL RIGHTS RELATED TO, AND RELEASE THE RELEASED PARTIES FROM AND AGAINST, ANY LIABILITIES ARISING FROM OR RELATED TO THE CONTENTS OF ANY THIRD PARTY WEBSITE
8. THIRD PARTY CONTENT
Certain portions of the Website, may contain unedited or third party content. All postings, messages, text, images, links to third-party websites or other materials published or otherwise made available through this section (the “Content”) are the sole responsibility of the person(s) who originated such Content and BCI does not control such content, does not investigate or validate such Content and is under no obligation to monitor such content; provided that BCI reserves the right at all times (but will not have an obligation) to remove any Content in its sole discretion. By using this Content, you understand that you may be exposed to Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that BCI makes no representations or warranties regarding the Content and is not responsible or liable in any manner for the Content or the conduct, whether online or offline, of any user. The Content does not constitute legal or financial advice and must not be used in the place of legal counsel or financial due diligence. You should independently evaluate and verify all Content.
If you want to terminate your legal Agreement with BCI, you may do so by: (a) notifying BCI at 1-717-1130.
BCI may terminate your right to use the Website at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which BCI may exercise this right to terminate your right to use the Website include, without limitation: (a) you have breached any provision of the ToU; (b) you have engaged in conduct which BCI, in its sole discretion, considers to be unacceptable; (c) BCI is required by law to do so; or (d) BCI no longer provides the Website.
The provisions relating to Intellectual Property, Disclaimer of Warranties and Limitation of Liability, Indemnification, Data Storage, Access outside the United States and General shall survive any termination.
10. NO WARRANTY; LIMITATION OF LIABILITY
Any material you access, download, or otherwise obtain through the Website is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
BCI AND ALL OF ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE WEBSITE, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE ACCESS OR USE; (D) ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, 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 in or through the Website.
NEITHER BCI NOR ANY OF ITS AFFILIATES, SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING LOSS OF EARNINGS, GOODWILL OR 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 OUT OF (I) THE USE OR INABILITY TO USE THE WEBSITE, THE WEBSITE OR ANY PART THEREOF, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE OR OTHER INACCURACIES IN THE WEBSITE, THE WEBSITE OR ANY PART THEREOF OR (II) INFORMATION OR MATERIALS AVAILABLE OR ACCESSIBLE THROUGH THE WEBSITE, THE WEBSITE OR ANY PART THEREOF. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THE ABOVE DISCLAIMER OR THE LIMITATIONS SET FORTH HEREIN ARE PROHIBITED BY LAW, THEIR APPLICABILITY SHALL BE LIMITED TO THE MINIMUM PERMITTED BY LAW.
This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
YOU HEREBY AGREE THAT BCI’S TOTAL AGGREGATE LIABILITY AND YOUR SOLE REMEDY AGAINST BCI ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU (OR ANY OTHER USER) PAID TO BCI FOR THE WEBSITE FROM THE EFFECTIVE DATE OF THIS AGREEMENT DURING THE TERM OF THIS AGREEMENT.
12. CHOICE OF LAW; DISPUTES.
The construction, validity and performance of this Agreement and all non-contractual obligations arising from or connected with this Agreement shall be governed by the laws of the State of California without giving effect to conflict of laws principles thereof. Each party irrevocably agrees to submit to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles County any claim or matter arising under or in connection with this Agreement, provided that the limitation set forth in this Section above shall not prevent BCI from seeking injunctive relief in any other jurisdiction.
EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, UNCONDITIONALLY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
13. DATA STORAGE; ACCESS OUTSIDE OF THE UNITED STATES
Your personal information will be processed for BCI by TransUnion, Financing Institutions or similar 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. We make no claims that the Website or any of its contents are appropriate or may be downloaded or accessed outside of the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country. You may not use or export any content of the Website in violation of U.S. export laws and regulations.
All rights not otherwise expressly granted to you by the ToU are reserved to BCI. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BCI as a result of the ToU or any use of the Website. The failure of BCI to exercise or enforce any right or provision of the ToU shall not constitute a waiver of such right or provision. If any provision of the ToU is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should give effect to the parties’ intentions as reflected in such provision, and the other provisions of the ToU shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the ToU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the ToU are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and BCI, nor trade practice shall act to modify any provision of the ToU. The ToU are not assignable, transferable or sub licensable by you.
15. QUESTIONS OR COMMENTS
BCI welcomes questions and comments about the ToU. Questions or comments should be directed to the address or phone below:
15303 Ventura Blvd., Suite 1060
Sherman Oaks, CA 91403