We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers,
resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically
renew unless canceled. You consent to our charging your
payment method on a recurring basis without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.
Cancellation
You can cancel your subscription at any time by logging into
your account. Your cancellation will take effect at the end
of the current paid term. If you have any questions or are unsatisfied with our Services, please
email us at hello@coindive.app.
Fee Changes
We may, from time to time, make
changes to the subscription fee and will communicate any price changes to you in
accordance with applicable law.
You may
not access or use the Services for any purpose other than that for which we make
the Services available. The Services may not be used in connection with any
commercial endeavors except those that are
specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services
to create or compile, directly or indirectly, a
collection, compilation, database, or directory
without written permission from
us.
- Trick,
defraud, or mislead us
and other users,
especially in any
attempt to learn
sensitive account
information such as user
passwords.
- Circumvent,
disable, or otherwise
interfere with
security-related
features of the
Services, including
features that prevent or
restrict the use or
copying of any Content
or enforce limitations
on the use of the
Services and/or the
Content contained
therein.
- Disparage,
tarnish, or otherwise
harm, in our opinion, us
and/or the
Services.
- Use
any information obtained
from the Services in
order to harass, abuse,
or harm another
person.
- Make
improper use of our
support services or
submit false reports of
abuse or
misconduct.
- Use
the Services in a manner
inconsistent with any
applicable laws or
regulations.
- Engage
in
unauthorized
framing of or
linking to the
Services.
- Upload
or transmit (or attempt
to upload or to
transmit) viruses,
Trojan horses, or other
material, including
excessive use of capital
letters and spamming
(continuous posting of
repetitive text), that
interferes with any
party’s uninterrupted
use and enjoyment of the
Services or modifies,
impairs, disrupts,
alters, or interferes
with the use, features,
functions, operation, or
maintenance of the
Services.
- Engage
in any automated use of
the system, such as
using scripts to send
comments or messages, or
using any data mining,
robots, or similar data
gathering and extraction
tools.
- Delete
the copyright or other
proprietary rights
notice from any
Content.
- Attempt
to impersonate another
user or person or use
the username of another
user.
- Upload
or transmit (or attempt
to upload or to
transmit) any material
that acts as a passive
or active information
collection or
transmission mechanism,
including without
limitation, clear
graphics interchange
formats (
"gifs"
), 1×1 pixels, web
bugs, cookies, or other
similar devices
(sometimes referred to
as
"spyware" or
"passive collection
mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create
an undue burden on the
Services or the networks
or services connected to
the
Services.
- Harass,
annoy, intimidate, or
threaten any of our
employees or agents
engaged in providing any
portion of the Services
to
you.
- Attempt
to bypass any measures
of the Services designed
to prevent or restrict
access to the Services,
or any portion of the
Services.
- Copy
or adapt the Services'
software, including but
not limited to Flash,
PHP, HTML, JavaScript,
or other
code.
- Except
as permitted by
applicable law,
decipher, decompile,
disassemble, or reverse
engineer any of the
software comprising or
in any way making up a
part of the
Services.
- Except
as may be the result of
standard search engine
or Internet browser
usage, use, launch,
develop, or distribute
any automated system,
including without
limitation, any spider,
robot, cheat utility,
scraper, or offline
reader that accesses the
Services, or use or
launch any
unauthorized
script or other
software.
- Use
a buying agent or
purchasing agent to make
purchases on the
Services.
- Make
any
unauthorized
use of the
Services, including
collecting usernames
and/or email addresses
of users by electronic
or other means for the
purpose of sending
unsolicited email, or
creating user accounts
by automated means or
under false
pretenses
.
- Use
the Services as part of
any effort to compete
with us or otherwise use
the Services and/or the
Content for any
revenue-generating
endeavor
or commercial
enterprise.
-
Use the Services to advertise or
offer to sell goods and services.
-
Sell or otherwise transfer your
profile.
-
Use automated systems or software
to extract data from the Service for commercial
purposes ('scraping').
-
Use information obtained from the
Service to harass, abuse, or harm another person
or to promote illegal activities.
-
Create a false identity on the
Service, impersonate another person, or
misrepresent authorization to act on behalf of
others or the Service.
-
Use profile fields (email, name,
profile image) to publish or link to
objectionable material, including offensive,
obscene, or hate-related content.
-
Share your account credentials
with others or allow multiple individuals to
access the Service using a single account.
-
Create more than one account per
individual user to circumvent limitations or
restrictions imposed by the Service.
8. USER
GENERATED
CONTRIBUTIONS
The
Services does
not offer users
to submit or
post content.
We may
provide you with
the opportunity
to create,
submit, post,
display,
transmit,
perform,
publish,
distribute, or
broadcast
content and
materials to us
or on the
Services,
including but
not limited to
text, writings,
video, audio,
photographs,
graphics,
comments,
suggestions, or
personal
information or
other material
(collectively,
"Contributions"
).
Contributions
may be viewable
by other users
of the Services
and through
third-party
websites.
When you
create or make
available any
Contributions,
you thereby
represent and
warrant
that:
- The creation,
distribution, transmission, public display, or
performance, and the accessing, downloading, or
copying of your Contributions do not and will
not infringe the proprietary rights, including
but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any
third party.
- You are the
creator and owner of or have the necessary licenses
,
rights, consents, releases, and permissions to
use and to
authorize
us, the Services, and other users of the
Services to use your Contributions in any manner
contemplated by the Services and these Legal
Terms.
- You have the
written consent, release, and/or permission of
each and every identifiable individual person in
your Contributions to use the name or likeness
of each and every such identifiable individual
person to enable inclusion and use of your
Contributions in any manner contemplated by the
Services and these Legal
Terms.
- Your Contributions
are not false, inaccurate, or
misleading.
- Your Contributions
are not unsolicited or
unauthorized
advertising, promotional materials,
pyramid schemes, chain letters, spam, mass
mailings, or other forms of
solicitation.
- Your Contributions
are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous
,
slanderous, or otherwise objectionable (as
determined by us).
- Your Contributions
do not ridicule, mock, disparage, intimidate, or
abuse anyone.
- Your Contributions
are not used to harass or threaten (in the legal
sense of those terms) any other person and to
promote violence against a specific person or
class of people.
- Your Contributions
do not violate any applicable law, regulation,
or rule.
- Your Contributions
do not violate the privacy or publicity rights
of any third party.
- Your Contributions
do not violate any applicable law concerning
child pornography, or otherwise intended to
protect the health or well-being of
minors.
- Your Contributions
do not include any offensive comments that are
connected to race, national origin, gender,
sexual preference, or physical
handicap.
- Your Contributions
do not otherwise violate, or link to material
that violates, any provision of these Legal
Terms, or any applicable law or
regulation.
Any
use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among
other things, termination or suspension of your rights
to use the Services.
You and
Services agree that we may access, store, process, and use any information and
personal data that you provide and your
choices (including settings).
By submitting
suggestions or other feedback regarding the Services, you agree that we can use and
share such feedback for any purpose without compensation to you.
We do not
assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services. You
are solely responsible for your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
10. MOBILE
APPLICATION LICENSE
Use License
If you access
the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic
devices owned or controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this mobile application license
contained in these Legal Terms. You shall not: (1) except as permitted by
applicable law, decompile, reverse engineer, disassemble, attempt to derive the source
code of, or decrypt the App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3) violate any applicable
laws, rules, or regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any
revenue-generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make the App available over a
network or other environment permitting access or use by multiple devices or users at
the same time; (7) use the App for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute for the App; (8) use
the App to send automated queries to any website or to send any unsolicited commercial
email; or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the App.
Apple
and Android Devices
The following
terms apply when you use the App obtained from either the Apple Store or Google Play
(each an "App Distributor") to access the Services: (1) the license
granted to you for our App is limited to a non-transferable license
to use the application on a device that
utilizes the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set forth in
the applicable App Distributor’s terms of service; (2) we are responsible for providing
any maintenance and support services with respect to the App as specified in the terms
and conditions of this mobile application license contained in these Legal Terms or as
otherwise required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services with
respect to the App; (3) in the event of any failure of the App to conform to any
applicable warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase price,
if any, paid for the App, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to the App;
(4) you represent and warrant that (i) you are not located in a country that is subject
to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on
any US government list of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the App, e.g., if
you have a VoIP application, then you must not be in violation of their wireless data
service agreement when using the App; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Legal Terms, and
that each App Distributor will have the right (and will be deemed to have accepted the
right) to enforce the terms and conditions in this mobile application license
contained in these Legal Terms against you as a third-party beneficiary
thereof.
11. SOCIAL
MEDIA
As
part of the functionality of the Services, you may link
your account with online accounts you have with
third-party service providers (each such account, a "Third-Party
Account")
by either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to
access your Third-Party
Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled
to disclose your Third-Party
Account login information to us and/or grant us access
to your Third-Party
Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by
the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that
you have provided to and stored in your Third-Party
Account (the "Social
Network Content"
) so that it is available on and through the
Services via your account, including without limitation
any friend lists and (2) we may submit to and receive
from your Third-Party
Account additional information to the extent you are
notified when you link your account with the Third-Party
Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings
that you have set in such Third-Party
Accounts, personally identifiable information that you
post to your Third-Party
Accounts may be available on and through your account on
the Services. Please note that if a Third-Party
Account or associated service becomes unavailable or our
access to such Third-Party
Account is terminated by the third-party service
provider, then Social Network Content may no longer be
available on and through the Services. You will have the
ability to disable the connection between your account
on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We
make no effort to review any Social Network Content for
any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not
responsible for any Social Network Content. You
acknowledge and agree that we may access your email
address book associated with a Third-Party
Account and your contacts list stored on your mobile
device or tablet computer solely for purposes of
identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate
the connection between the Services and your Third-Party
Account by contacting us using the contact information
below or through your account settings (if applicable).
We will attempt to delete any information stored on our
servers that was obtained through such Third-Party
Account, except the username and profile picture that
become associated with your account.
12. THIRD-PARTY
WEBSITES AND CONTENT
The Services
may contain (or you may be sent via the Site or App
) links to other websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third parties (
"Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available
through, or installed from the Services, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval
or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your
own risk, and you should be aware these Legal Terms no longer govern. You should review
the applicable terms and policies, including privacy and data gathering practices, of
any website to which you navigate from the Services or relating to any applications you
use or install from the Services. Any purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
13. ADVERTISERS
We allow
advertisers to display their advertisements and other information in certain areas of
the Services, such as sidebar advertisements or banner advertisements. We simply provide
the space to place such advertisements, and we have no other relationship with
advertisers.
14. SERVICES
MANAGEMENT
We reserve the right, but
not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability,
to remove from the Services or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
15. PRIVACY
POLICY
We care about
data privacy and security. By using the Services, you agree to be bound by our Privacy
Policy posted on the Services, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in
Germany
. If you access the Services from any other region of
the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
Germany
, then through your continued use of the Services,
you are transferring your data to
Germany
, and you expressly consent to have your data
transferred to and processed in
Germany
.
16. TERM
AND TERMINATION
These Legal
Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and creating
a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS
AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update
any information on our Services. We will not be
liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot
guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
18. GOVERNING
LAW
These Legal
Terms are governed by and interpreted following the laws of
Germany
, and the use of the United Nations Convention of Contracts for the International
Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you
are a consumer, you additionally possess the protection provided to you by obligatory
provisions of the law in your country to residence. ARPETO
Sachpazidis & Birk GbR and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of BW, which means
that you may make a claim to defend your consumer protection rights in regards to these
Legal Terms in
Germany
, or in the EU country in which you reside.
19. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes"
) brought by either you or us (individually, a
"Party" and collectively, the "Parties"),
the Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30)
days before initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding Arbitration
Any
dispute arising from the relationships between the Parties to these Legal Terms shall be
determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal
Rules of the European Court of Arbitration being part of the European Centre of Arbitration
having its seat in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of
arbitration shall be
Ulm,
Germany
. The language of the proceedings shall be
German. Applicable rules of substantive law shall be the law of
Germany
.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
20. CORRECTIONS
There
may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
21.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE
OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO
US
DURING
THE
six
(6)
mONTH
PERIOD
PRIOR
TO
ANY
CAUSE
OF
ACTION
ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms;
(3) any breach of your
representations and warranties set forth in these Legal Terms; (4) your violation of the rights of
a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
24. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services.
Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
26. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms will not be
construed against us by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.
28. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us
at:
ARPETO Sachpazidis & Birk GbR
Hauptstraße 50
Ehingen (Donau)
, BW
89584
Germany
hello@coindive.app
