Agreement between User and CoinTracker
The CoinTracker mobile applications and website (collectively the "CoinTracker Properties") are owned and operated by CoinTracker (the “Company”). The CoinTracker Properties offer cryptocurrency portfolio management, with easy to use mobile applications to keep track of cryptocurrency investments. The CoinTracker Properties also offer real-time cryptocurrency market data, latest cryptocurrency news updates, and additional information related to cryptocurrencies such as initial coin offerings. Use of the CoinTracker Properties is offered to you ("you" or "User"), conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms" or "Agreement"). Your use of the CoinTracker Properties constitutes your agreement to all such Terms. Please read this Agreement carefully.
If you use the CoinTracker Properties, you are responsible for maintaining the confidentiality of your portfolio(s) on the CoinTracker Properties and restricting access to your mobile device and computer. You further agree to accept responsibility for all activities that occur in connection with your portfolio(s). Company reserve the right to refuse or terminate your portfolio(s), or remove content on the CoinTracker Properties at its sole discretion.
If you choose to register for an account, you are responsible for maintaining the confidentiality of your account and password and restricting access to your mobile device and computer. You further agree to accept responsibility for all activities that occur using your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Company is not responsible for third party access to your account that results from theft or misappropriation of your account. Company reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at its sole discretion. Company reserves the right to disallow a username that is or may be illegal, protected by trademark or other proprietary rights law, is vulgar or offensive, or for any other reason.
If you choose not to register for an account, you acknowledge that your portfolio(s) and all Portfolio Data is connected to your specific mobile device. Use of the CoinTracker Properties with any new device will require you to recreate your portfolio.
Links to Third Party Sites
The CoinTracker Properties may contain links to other websites ("Linked Sites"), including links posted by other Users. The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the CoinTracker Properties, you warrant to Company that you will not use the CoinTracker Properties for any purpose that is unlawful or prohibited by these Terms. You may not use the CoinTracker Properties in any manner which could damage, disable, overburden, or impair the CoinTracker Properties or interfere with any other party's use and enjoyment of the CoinTracker Properties. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CoinTracker Properties.
You are not to submit, post, upload or grant Company access to any information or material that infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.
As a User of the CoinTracker Properties, you may choose to enter the details of your cryptocurrency transactions into your portfolio(s) on the CoinTracker Properties (the “User Portfolio Entries”). You hereby certify to the Company that any information in your Portfolio Data is owned by you or that you are validly authorized to carry out transactions regarding such Portfolio Data. The Company does not verify the accuracy of Portfolio Data. The CoinTracker Properties provide a summary of the Portfolio Data for you to manage your portfolio(s) in one location within the CoinTracker Properties.
You retain all your ownership rights in any other content submitted to the CoinTracker Properties, including but not limited to text (collectively, the “User Content”). However, by submitting User Content to Company, you hereby grant Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with providing the CoinTracker Properties services to you and for Company (and its successors’ and affiliates’) business purposes, including without limitation for promoting and redistributing part or all of the CoinTracker Properties, in any media formats and through any media channels. You understand and agree that, Company may retain, but not display, distribute or perform, server copies of your User Content that have been removed or deleted.
You affirm, represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you license to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such material for publication on the CoinTracker Properties pursuant to these Terms. You further agree that material you submit to Company will not contain third party copyrighted material unless you have permission from the owner. Company will remove User Content if properly notified that such content infringes on another’s intellectual property rights. Company reserves the right to move User Content without prior notice.
Users may also share a link to the CoinTracker Properties via email, or other social media platforms, as applicable. The link to the CoinTracker Properties is to let others know that you are using the CoinTracker Properties and to invite them to use the CoinTracker Properties as well. The link will not post any information about your portfolio(s) or your Portfolio Data unless you choose to include a screenshot image, as applicable from your mobile device, of the CoinTracker Properties at the time you share the link. You acknowledge and agree that any sharing of your portfolio(s) and/or Portfolio Data is optional and solely at your election. The Company shall not be responsible or liable for any information about your portfolio(s) or Portfolio Data that may become public as a result of your use of the sharing feature.
Company does not provide investment advice
The Company is a cryptocurrency portfolio management service only and does not advise Users on the merits of any particular transactions or their taxation consequences. By using the CoinTracker Properties, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of any transaction and the underlying currencies involved in such transactions. 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 currency. The Company gives you no warranty as to the suitability of the cryptocurrency transactions in your portfolio(s) and assumes no fiduciary duty in its relations with you. You agree that the Company is not responsible for determining whether or which taxes apply to your transactions. You further agree that you are solely responsible for reporting and paying any taxes arising from your cryptocurrency transactions listed in your portfolio(s) on the CoinTracker Properties.
If at any point the Company or its representatives do provide information on cryptocurrency pricing, trading recommendations, market commentary, news updates on particular cryptocurrency coins, advertisements about new cryptocurrencies, or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of due diligence on behalf of the Company or its representatives. All such information is provided to you for informational purposes only and is not intended for trading or investment purposes. The Company does not endorse or promote any particular cryptocurrency and gives no representation, warranty, or guarantee as to the accuracy or completeness of any such information or as to the tax consequences of any transaction you may enter into based on such information. The Company shall not be responsible or liable for any trading or investment decisions you make based on such information. You are solely responsible for determining whether any investment or transaction is appropriate for you based on your own independent research, your personal investment objectives, your financial situation, and risk tolerance.
The Company trademarks, names, logos and service marks (collectively “Trademarks”) displayed on the CoinTracker Properties are unregistered Trademarks of Company. Nothing on the CoinTracker Properties should be construed as granting any license or right to use any Trademark without the prior written permission of Company.
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of or in any way connected with User Content, your use of or inability to use the CoinTracker Properties, your interaction with other Users, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
THE INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIALS INCLUDED IN OR AVAILABLE THROUGH THE COINTRACKER PROPERTIES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE COINTRACKER PROPERTIES AT ANY TIME.
COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIAL CONTAINED ON THE COINTRACKER PROPERTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIAL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIALS CONTAINED HEREIN, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE COINTRACKER PROPERTIES, WITH THE DELAY OR INABILITY TO USE THE COINTRACKER PROPERTIES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES, CONTENT AND RELATED MATERIALS OBTAINED THROUGH THE COINTRACKER PROPERTIES, OR OTHERWISE ARISING OUT OF THE USE OF THE COINTRACKER PROPERTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COINTRACKER PROPERTIES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COINTRACKER PROPERTIES.
Visiting the CoinTracker Properties or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically, via email (if a Registered User) and on the CoinTracker Properties, satisfy any legal requirement that such communications be in writing.
Mobile Device Data Charges
Each User is responsible for all mobile device usage charges (including but not limited to data and text messaging charges) that such User may incur while using the CoinTracker Properties.
Scope of Agreement
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and Company with respect to the CoinTracker Properties and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Company with respect to the CoinTracker Properties. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
If a dispute arises out of or relates to this Agreement, or the breach hereof, and if the dispute cannot be settled through negotiation, the Company and User agree first to try in good faith to settle the dispute by non-binding mediation. For such purpose the Company and User shall select an experienced and impartial mediator who has no business or personal relationship with either the Company and User. The Company and User shall equitably share the fees of the mediator based upon their alignment on the issues to be resolved.
Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which the CoinTracker Properties and Company Content are offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of any updates.
Email Address: email@example.com
Effective as of January 20, 2018