Last updated: January 7, 2018
PLEASE READ THESE BITCOIN GURU TERMS OF USE (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THE BITCOIN GURU WEBSITE (DEFINED BELOW) YOU AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS OF USE BETWEEN YOU AND BITCOIN GURU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
These Terms of Use apply to https://www.bitcoingurutrading.com and the other Bitcoin Guru web sites, features, applications, online services and functionality made available on or through https://www.bitcoingurutrading.com, whether accessed via computer, mobile device or otherwise (collectively, the “Bitcoin Guru Website”). The Bitcoin Guru Website includes, without limitation: the Bitcoin Guru Member Portal; the Bitcoin Guru Trading Academy; the Bitcoin Guru Discord Channel; individual items within databases or services that may constitute independent works of authorship; documentation, including user manuals, operations manuals and the like provided to you by or for Bitcoin Guru, for use in connection with the BitcoinGuru Website; and courses, video presentations, audio presentations, slideshows, software, products, services, data or information provided by Bitcoin Guru or obtained through the Bitcoin Guru Website.
The Bitcoin Guru Website is owned or controlled by Bitcoin Guru Inc. (“Bitcoin Guru”), although software, hosting and other functions and content may be provided by Bitcoin Guru’s service providers or other companies affiliated with Bitcoin Guru or by companies that are merely in a business relationship with Bitcoin Guru.
These Terms of Use constitute a binding agreement between Bitcoin Guru and you governing your use of the Bitcoin Guru Website. By using and/or visiting the Bitcoin Guru Website, you signify your assent to both these Terms of Use and the Online Privacy Policy for Bitcoin Guru Inc. (“Privacy Policy”), which is specifically incorporated into these Terms of Use by reference.
Bitcoin Guru and its licensors reserve the right to amend or replace any portion of these Terms of Use, or change, suspend or discontinue the Bitcoin Guru Website, at any time in its sole discretion without any notice to you. You agree that Bitcoin Guru may notify you of any updated Terms of Use by posting them and making them accessible on the Bitcoin Guru Website. It is your responsibility to review these Terms of Use periodically for any changes before using the Bitcoin Guru Website. Your use of the Bitcoin Guru Website (or other conduct as we may reasonably specify) following the posting of any updated Terms of Use will signify your assent to and acceptance of the updated Terms of Use. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use, and will apply to your use of the Bitcoin Guru Website from that point forward.
I. Permission to Use Bitcoin Guru Website
Bitcoin Guru hereby grants you permission to use the Bitcoin Guru Website as set forth in these Terms of Use.
If Bitcoin Guru provides you with an access identification number, you may not allow concurrent use of the Bitcoin Guru Website by multiple users utilizing identical user identification numbers, or allow another person or entity to use your user identification number to access the Bitcoin Guru Website.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Bitcoin Guru Website in a manner that sends more request messages to the Bitcoin Guru servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Bitcoin Guru grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bitcoin Guru reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information (“Personal Information”) from the Bitcoin Guru Website, nor use the communication systems provided by the Bitcoin Guru Website for any commercial solicitation purposes, including without limitation to solicit any users of the Bitcoin Guru Website.
You agree not to (a) interfere with or disrupt the Bitcoin Guru Website or any Bitcoin Guru Website servers or networks or (b) intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law.
You agree that you will not access or otherwise use the Bitcoin Guru Website in any unlawful manner, for any unlawful purpose or in violation of these Terms of Use.
II. Ownership and Intellectual Property Rights
The Bitcoin Guru Website, including without limitation, the text, graphics, and photos created by or for Bitcoin Guru, interactive features, past, present and future versions, content available for download or use, domain names, source and object code and the “look and feel” of the Bitcoin Guru Website (“Content”) and the trademarks, service marks, trade names, designs, symbols, and other designations and combinations of the preceding items, used to identify or distinguish Bitcoin Guru, its business, services, community and/or products, including without limitation all logos and all product and designs and features (collectively, the “Marks”), are the valuable, exclusive property of Bitcoin Guru or its licensors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Nothing in these Terms of Use will be construed as transferring or assigning any ownership rights in such property to you or any other person or entity.
You have a license to use the Bitcoin Guru Website as long as you comply with the terms of these Terms of Use or until Bitcoin Guru terminates these Terms of Use or your access rights. Content on the Website is provided to you “AS IS” for your information and personal use only. You may not use, copy, alter, adapt, reproduce, display, distribute, transmit, broadcast, sell, license, publish, rent, lease, sublicense, transfer or otherwise exploit the Content or the Marks for any purpose whatsoever without the prior written consent of Bitcoin Guru or as expressly provided herein. Bitcoin Guru reserves all rights not expressly granted in and to the Website, Marks and the Content contained therein.
You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of the Bitcoin Guru Website. You agree to not circumvent, disable or otherwise interfere with security related features of the Bitcoin Guru Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Bitcoin Guru Website or the Content therein. You will not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Bitcoin Guru Website or reverse engineer, modify or attempt to discover any source code associated with the Bitcoin Guru Website.
III. Rules of Conduct
The Bitcoin Guru Website is designed to help you get insight, exchange ideas and connect online with other beginning and advanced investors. We want the Bitcoin Guru Website to be a friendly, informative and safe place for all of our users.
By using the Bitcoin Guru Website, you are responsible for conducting yourself in compliance with all applicable laws, rules and regulations, and agree to abide by the following Rules of Conduct:
- Do not make comments that contain harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, hateful, racist, sexist, or homophobic language or content, or are otherwise objectionable, such as by using profanity;
- Do not use or post any content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- Do not imply or state, directly or indirectly, that you are affiliated with or endorsed by Bitcoin Guru or any of its parent, affiliate or subsidiary companies.
- Do not use the Bitcoin Guru Website to harass or stalk any person;
- Do not disrupt other users’ enjoyment of the Bitcoin Guru Website;
- Do not post under another person’s name or impersonate another person or entity on the Bitcoin Guru Website or otherwise misrepresent yourself;
- Do not make postings that contain personal details or private information about any other person, including Bitcoin Guru employees (or otherwise violates our Privacy Policy);
- Do not make postings that infringe any patent, trademark, copyright, trade secret, privacy right, right of publicity, or other proprietary or intellectual property right of another person or entity;
- Do not make postings that may be considered spamming or contain chain letters or any other form of unauthorized solicitation, including the solicitation of lawsuits;
- Do not make postings that contain viruses, Trojan horses, worms, time bombs, cancel-bots or any other computer code or files that are designed to disrupt, damage or limit the functioning of any software or hardware;
- Do not make postings that interfere with the operation of the Bitcoin Guru Website, such as broadcast attacks, or attempt to overload the system;
- Do not make postings that contain trade secrets, inside information, proprietary information, or other confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement;
- Do not make postings that violate U.S. export laws;
- Do not use the Bitcoin Guru Website to discuss how to commit illegal acts or encourage illegal activity of any kind, including any matters that would violate securities or antitrust laws. For example, you must not discuss pricing or post any recommendations about investments. If someone could go to jail for taking action suggested by you, don’t upload or post it; and
- Do not post pictures, videos or images that contain individuals other than you. If you choose to upload a photo or video to the Bitcoin Guru Website, make sure they contain only you. Any photos or videos must be appropriate for this Bitcoin Guru Website and must not depict anyone or any entity in an unflattering manner.
Your use of the Bitcoin Guru Website is permitted solely for your personal, noncommercial use. The Bitcoin Guru Website may not be used to solicit business or promote your business ventures or to promote the businesses of any third party, or to allow competitors of Bitcoin Guru or its affiliates to solicit for their businesses. Specifically:
- Do not use the Bitcoin Guru Website for a commercial purpose. You may not advertise or promote a product or service. You may not use the Bitcoin Guru Website to raise money for anyone or for a pyramid or other multi-tiered marketing scheme. You agree that you will not monetize any portion of the Bitcoin Guru Website;
- Do not post any job solicitation or offer;
- Do not make or solicit any endorsement of another person or product or company;
- Do not make postings that contain commercial advertising or promotions or junk mail of any kind;
- Do no post any charitable solicitation. The Bitcoin Guru Website is not the place to advertise charitable activity or solicit funds or pledges in connection with any charity, fundraiser or other charitable purpose; and
- Do not offer your own promotions, sweepstakes, contests, etc. on the Bitcoin Guru Website.
IV. Access to the Bitcoin Guru Website
In order to participate in certain features of the Bitcoin Guru Website, you will need to register for an account. You agree to: (a) create only one (1) account, which you may not share with anyone else; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Bitcoin Guru if you discover or otherwise suspect any security breaches relating to the Bitcoin Guru Website; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
By creating an account and participating on the Bitcoin Guru Website, you affirm that you are at least 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If any of your information changes, you agree to update your registration information as soon as possible. If Bitcoin Guru suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Bitcoin Guru Website.
If you register with us to use the Bitcoin Guru Website, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights, and you hereby release Bitcoin Guru from any and all liability that may arise in connection with your use of the Bitcoin Guru Website. We may refuse to grant to you, and you may not use, a screen name or email address that is already being used by someone else, impersonates another person, belongs to another person (without that person’s prior consent), violates the intellectual property or other rights of any person, is offensive for any reason, or that we reject for any other reason at our sole discretion. You may have only one screen name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your screen name. You will notify Bitcoin Guru if your member name or password has been lost, stolen, or used by another person. If you become aware of any unauthorized use of your password or of your account, you agree to notify Bitcoin Guru immediately at support@bitcoingurutrading.com.
The Bitcoin Guru Website should not be deemed a confidential community. Therefore, do not post or otherwise make available anything you would not want others to see in public.
V. Postings on the Bitcoin Guru Website
Due to the interactive nature of postings on the Bitcoin Guru Website, we are unable to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by users, and any text, data, files, avatars, designs, contest submissions, photographs, images, likenesses, video, music, sound, voice recordings, chat, messages, files, biographical information or other material posted (all of which are referred to as “Postings”) are not endorsed by Bitcoin Guru, and we make no guarantee regarding the reliability, accuracy, or quality of any Posting. Your Posting may be available for all other users to view and download.
You acknowledge that you will evaluate and bear any risks related to your use of any Posting, including any reliance on the accuracy, completeness, or usefulness of such Posting. All Postings are the sole responsibility of the person who originally posted the Posting, and your sole recourse for any damage you may suffer as a result of Postings shall be to such individual. Bitcoin Guru expressly disclaims any and all liability in connection with Postings.
You shall be solely responsible for your own Postings and the consequences of posting or publishing them. You acknowledge that the Internet may be subject to breaches of security and you are aware that submissions of Postings or other information may not be secure, and you should consider this before submitting any information to Bitcoin Guru or the Bitcoin Guru Website. You also understand and acknowledge that: (a) Bitcoin Guru has wide access to ideas and other materials and that many ideas may be similar or identical to your submission (your Posting) and/or each other; (b) you will not be entitled to any compensation as a result of Bitcoin Guru’ use of any such similar or identical material, except as specifically set forth in rules or other documents that govern certain aspects of your use of the Bitcoin Guru Website; and (c) Bitcoin Guru does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright in and to your Posting. You agree that your Posting be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the Posting you submit and the right to grant all of the rights and licenses in these Terms of Use; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant Bitcoin Guru the license above. Upon Bitcoin Guru’ request, you will furnish Bitcoin Guru any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.
By submitting the Postings to the Bitcoin Guru Website, you hereby grant Bitcoin Guru a worldwide, irrevocable, non-exclusive, perpetual, royalty-free, sub licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the Postings in connection with the Bitcoin Guru Website and Bitcoin Guru’ (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Bitcoin Guru Website (and derivative works thereof) in any media now known or hereafter developed, and may grant additional ownership or other rights as set forth in additional rules or other documents that govern certain aspects of your use of the Bitcoin Guru Website. You authorize Bitcoin Guru to publish your Posting in a searchable format that may be accessed by users of the Bitcoin Guru Website. Except as prohibited by law, you waive any moral rights you may have in any Posting you submit, even if such Posting is altered or changed in a manner not agreeable to you.
You further perpetually and irrevocably grant Bitcoin Guru the unconditional right to use, disseminate and display your name, persona and likeness included in any Posting and in connection with any Posting without any obligation or payment to you.
You agree that Bitcoin Guru has no obligation to monitor or enforce your intellectual property rights to your Postings but has the right to protect and enforce its rights to use your Postings. You further acknowledge and agree that Bitcoin Guru will not have any obligation to you with regard to Postings and that Bitcoin Guru may or may not monitor, display or accept your Postings and may delete them at any time and you may have no right to access or control any Postings that you provide once you provide it.
VI. Monitoring and Enforcement
You are solely responsible for your interaction with other users of the Bitcoin Guru Website, whether online or offline. We are not responsible or liable for the conduct of any user. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
Bitcoin Guru reserves the right, but has no obligation, to monitor any and all use of and information transmitted or received through the Bitcoin Guru Website. Bitcoin Guru, in its sole discretion and without further notice to you, may review, censor or prohibit any activities that Bitcoin Guru determines violates any term or condition of these Terms of Use, including by revoking user access.
Bitcoin Guru may record and monitor any telephone or electronic communication for quality assurance purposes.
Bitcoin Guru does not pre-screen, verify or edit Postings on the Bitcoin Guru Website. However, Bitcoin Guru and its agents reserve the right to investigate any violation of the terms of these Terms of Use and to take such remedial action as it deems appropriate. Bitcoin Guru has the sole discretion to enforce the terms of these Terms of Use, including, but not limited to warning users of violations, disabling or suspending privileges and access, deleting, screening or editing any content or prohibiting any behavior that does not comply with these Terms of Use. If Bitcoin Guru decides it is necessary to remove any content, Bitcoin Guru may remove the entire thread and any accompanying material.
VII. Content is for Informational Purposes; Not Investment Advice
The information shared on the Bitcoin Guru Website is for informational purposes ONLY. Such information is not meant to be financial or investment advice of any kind.
The results described in any testimonials are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results.
NEITHER BITCOIN GURU NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN THESE TESTIMONIALS.
Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Investment related information provided by any user of the Bitcoin Guru Website may not be appropriate for many investors, and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. None of such information is meant to constitute financial or investment advice.
VIII. Links to Third Party Sites
The Bitcoin Guru Website, or communications you receive from the Bitcoin Guru Website, may contain links to third party websites or online features that are not owned, controlled, or endorsed by Bitcoin Guru. Bitcoin Guru has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE BITCOIN GURU WEBSITE 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. By using the Bitcoin Guru Website, you specifically release Bitcoin Guru from any and all liability arising from your use of any third-party website.
IX. Procedure for Reporting Violations of these Terms of Use
Constructive feedback regarding Bitcoin Guru services can be submitted to support@bitcoingurutrading.com.
Feedback regarding the Bitcoin Guru website, its use or application can be submitted to support@bitcoingurutrading.com.
The Bitcoin Guru Website is not an appropriate environment to express concerns about Bitcoin Guru, its partners, affiliates or services. Postings on a message board or in comment areas do not constitute notice to Bitcoin Guru for any purpose.
Your complaint must:
- identify the posting in issue and include a copy of the posting and the location of the posting or if not about a posting;
- describe with reasonable detail the offending behavior; and
- provide information sufficient to permit Bitcoin Guru to contact you (e.g., email address, postal address and fax number).
X. Your Personal Information
By registering, using the services (including submitting Postings), or emailing us, you will be supplying us with “personal information.” We collect this to administer and help you use the services, send you a password, contact you about Postings, and keep in touch with you.
By registering, using the services (including submitting Postings), or emailing us, you will be supplying us with “personal information.” We collect this to administer and help you use the services, send you a password, contact you about Postings, and keep in touch with you.
Any information that you post on the Bitcoin Guru Website is public. If you do not want information to be public, do not post it. Any personal information you post can be obtained and used by others. Your use of the Website is also subject to the Bitcoin Guru Privacy Policy. Bitcoin Guru shall not be liable for any claims or damages arising from your Postings or from your posting of your personal information.
Bitcoin Guru may release information concerning your use of the Bitcoin Guru Website or disclosure of your personal information when Bitcoin Guru believes such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), to enforce these Terms of Use, to protect Bitcoin Guru’ rights or property, or to protect other users of the Bitcoin Guru Website from fraudulent, abusive, or unlawful use of the Bitcoin Guru Website or if Bitcoin Guru believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records immediately.
XI. Delays in Services; Outages.
Any delays in or failure of performance by Bitcoin Guru or any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond Bitcoin Guru’ control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. Bitcoin Guru shall have no responsibility to provide you access to the Bitcoin Guru Website while interruption of the Bitcoin Guru Website due to any such or similar cause shall continue.
XII. Equipment and Operation
You are responsible for providing and maintaining all telephone and other equipment necessary to access the Bitcoin Guru Website, and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You shall pay Bitcoin Guru for your use of the Bitcoin Guru Website, and be billed in accordance with your access to the Bitcoin Guru Website. You are responsible for operating your own equipment and for familiarity with the information (e.g., calculations and reports) used with or available through the Bitcoin Guru Website. Bitcoin Guru reserves the right to refuse assistance or to charge additional fees if you seek assistance from Bitcoin Guru with respect to such basic background information or any other matters not directly relating to the operation of the Bitcoin Guru Website. Neither Bitcoin Guru nor its licensors shall have any responsibility to provide you with alternate access to the Bitcoin Guru Website if your access is interrupted due to a breakdown or failure of your equipment.
XIII. Linking Policy
Bitcoin Guru grants you the revocable permission to link to publicly available (i.e., non-password protected) portions of the Bitcoin Guru Website; provided, however, that any link to the Bitcoin Guru Website: (a) must not frame or create a browser or border environment around any of the content on the Bitcoin Guru Website or otherwise mirror any part of the Bitcoin Guru Website; (b) must not imply that Bitcoin Guru or the Bitcoin Guru Website is endorsing or sponsoring it or its products, unless Bitcoin Guru has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Bitcoin Guru’ sole opinion, harm Bitcoin Guru or its products or services; (d) must not use any Marks without the prior written permission from Bitcoin Guru; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Bitcoin Guru’ sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to the Bitcoin Guru Website, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms of Use, Bitcoin Guru reserves the right to prohibit linking to the Bitcoin Guru Website for any reason in our sole and absolute discretion.
XIV. Warranty Disclaimer
You acknowledge that the information provided through the Bitcoin Guru Website is compiled from sources, which are beyond the control of Bitcoin Guru. Though such information is recognized by the parties to be generally reliable during the term of these Terms of Use, you acknowledge that inaccuracies may occur and Bitcoin Guru and its licensors do not warrant the accuracy, reliability or suitability of the information for any particular purpose. The information is provided by Bitcoin Guru and its licensors for your information only, and is not intended for trading purposes. Information on this site is does not constitute advice (investment, financial, tax, or legal) nor does such information include recommendations regarding particular financial instruments, investments or products. Neither Bitcoin Guru nor its licensors shall be liable for any errors, inaccuracies or delays in content, or for any actions taken by you in reliance thereon. Bitcoin Guru makes reasonable efforts to obtain reliable content from third parties, but Bitcoin Guru does not guarantee the accuracy of or endorse the views or opinions given by any third parties. The Bitcoin Guru Website may point to other Internet sites that may be of interest to you; however, Bitcoin Guru does not endorse or take responsibility for the content on such other sites. YOU ACKNOWLEDGE THAT THE BITCOIN GURU WEBSITE IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. BITCOIN GURU AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM, USAGE OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
FURTHER, BITCOIN GURU AND ITS LICENSORS DO NOT REPRESENT OR WARRANT:
1. THAT THE BITCOIN GURU WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS;
2. THAT THE ACCESS OR USE OF THE BITCOIN GURU WEBSITE WILL BE ERROR-FREE; OR
3. THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH THE BITCOIN GURU WEBSITE OR THE RESULTS OF ANY SUCH PROCESSING.
YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BY YOU IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
XV. Limitation of Liability; Disclaimer of Consequential Damages
NONE OF BITCOIN GURU NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF OR PARTICIPATION ON THE BITCOIN GURU WEBSITE OR ITS CONTENT.
YOU ALSO AGREE THAT BITCOIN GURU AND ITS AFFILIATES (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE BITCOIN GURU WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF BITCOIN GURU OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF BITCOIN GURU OR ITS AFFILIATES BY VIRTUE OF THESE TERMS OF USE OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF BITCOIN GURU OR ITS AFFILIATES OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO $100.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT BITCOIN GURU WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH THE BITCOIN GURU WEBSITE OR THE ACCESS SOFTWARE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD BITCOIN GURU HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.
THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.
XVI. Indemnification
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BITCOIN GURU, ITS AFFILIATES AND ITS LICENSORS (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FOR AND AGAINST ANY AND ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THESE TERMS OF USE ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE BITCOIN GURU WEBSITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE BITCOIN GURU WEBSITE.
XVII. Termination
Bitcoin Guru may, without liability or prior notice, immediately terminate your user account and access to the Bitcoin Guru Website in its sole discretion. Termination of your user account includes: (a) removal of access to all pages within the Bitcoin Guru Website; (b) deletion of your password and all related information, files and materials associated with or inside your account (or any part thereof); and (c) barring of further use of the Bitcoin Guru Website. Further, you agree that all terminations for cause shall be made in Bitcoin Guru’ sole discretion and that Bitcoin Guru shall not be liable to you or any third party for any termination of your user account, any associated email address, or access to the Bitcoin Guru Website. THE PROVISIONS CONTAINED IN SECTION XVI (LIMITATION OF LIABILITY) SHALL SURVIVE TERMINATION OF THESE TERMS OF USE. Termination, suspension, or cancellation of these Terms of Use or your access to the Bitcoin Guru Website will not affect any right or relief to which Bitcoin Guru may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to Bitcoin Guru and its licensors.
XVIII. No Conflicting Terms
If there is any conflict between these Terms of Use, any purchase order, any help text, manuals or other documents relating to the Bitcoin Guru Website, these Terms of Use shall govern, whether such order or other document is prior to or subsequent to these Terms of Use, or is signed or acknowledged by any director, officer, employee, representative or agent of Bitcoin Guru.
XIX. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Bitcoin Guru without restriction.
XX. Severability
If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce these Terms of Use.
XXI. Entire Agreement
These Terms of Use constitutes the entire agreement between the parties regarding the subject matter hereof, and no other agreement as to such subject matter, written or oral, exists.