PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES OR THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE BINDING ARBITRATION AGREEMENT BELOW. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICES OR SITE.
These terms of use, together with any documents and additional terms or policies that expressly incorporate these Terms of Use by reference, including the Privacy Policies (these “Terms of Use”), govern your access to and use of all products, website (including any sub domains), content, functionality, features and services (the “Services”) available on or through, exclusively or non-exclusively, on https://cifdaq.io/, and any other website, web application or mobile application operated by us (collectively, the “Site”), and is a binding agreement between Us (together with its affiliates, (“CIFDAQ” or “We: and its derivatives) and You (and its derivatives). The term “You” refers to you individually or the legal entity on whose behalf the services are used, as applicable.
PLEASE NOTE THAT YOUR PURCHASE OF ANY $CIFD VIA THE WEBSITE MAY BE GOVERNED BY SEPARATE TERMS AND AGREEMENT. IN CASE OF A CONLICT BETWEEN THESE TERMS AND THE COIN PURCHASE AGREEMENT, THE TERMS OF THE LATTER SHALL PREVAIL.
By clicking on the “I Accept” button, completing the registration process, and/or browsing and/using the site and or services, you represent that:
(1) You have read, understood, and agree to be bound by the terms,
(2) You are of legal age to form a binding contract with CIFDAQ, and
(3) You have the authority to enter into the terms personally or on behalf of the legal entity for whom you are using the services.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
We may modify these Terms at any time and in our sole discretion. The modified terms will become effective upon posting. By continuing to use the Site after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the Site regularly for modifications to these Terms.
For information regarding our collection, use and disclosure of personal data and certain other data, please see our Privacy Policies on the App and on the Website (the “Privacy Policies”). By using the Site, you consent to our collection, use and disclosure of personal data and other data as outlined in the Privacy Policy.
When using certain Services or Products, you may be subject to additional terms applicable to such Services that may be posted on or within the Product or Services or the Site associated with such Services. By Continuing to use the Product or Site or Services following the release of updated Terms you consent to the updated Terms. We invite you to check this page regularly for updates to these Terms.
1. Use Of The Services
1.1. The Site, the Products, the Services, and the information and content available therein (“CIFDAQ Content”) are protected worldwide by copyright laws. Subject to the Terms, CIFDAQ grants you a limited license to reproduce portions of CIFDAQ Content solely as required to use the Services for your personal or internal business purposes. Unless otherwise specified by CIFDAQ in a separate license, your right to use any CIFDAQ Content is subject to these Terms. 2. Authorised Users
2.1. The Services, Product and the Site are intended for users who are 18 years of age or older. If you are entering into these Terms of Use for an entity, such as the company you work for, you represent to us that you have the legal authority to bind such an entity. If you do not meet these requirements, you must not access or use the Products, Services or the Site. 3. Ownership.
3.1. CIFDAQ and its suppliers own all right, title, and interest in and to the CIFDAQ content contained within the Site, Product and Services. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the CIFDAQ Content.
3.2. CIFDAQ and other related graphics, logos, service marks and trade names used on or in connection with the Product, Site or Services are the trademarks of CIFDAQ and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Site or Services are the property of their respective owners.
3.3. You own your User Content. By posting, displaying, sharing or distributing User Content on or through the Product, Site, or Services, you grant us, and any Third-Party Provider used in connection with the Services, a nonexclusive license to use the User Content solely for the purpose of operating the Services. Except as prohibited by applicable law, we may disclose any information in our possession (including User Content) in connection with your use of the Services, to: (a) comply with legal process;
(b) enforce these Terms,
(c) respond to your requests for customer service, or
(d) protect the rights, property, or personal safety of CIFDAQ, our employees, directors or officers, partners and agents, or members of the public.
3.4. You may provide ideas, suggestions, documents, and/or proposals about the Services to CIFDAQ through any means (“Feedback”), and you grant CIFDAQ a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable right and license to use Feedback for any legitimate purpose.
4. User Conduct
4.1. You may not use the Site, Product or Services for any purpose that is prohibited by the Terms or applicable law. You will not (and will not permit any third party to) take any action or make available any content on or through the Site, Product, or Services that:
(a) Violates any applicable laws or regulations through your access to or use of the Services or the Site;
(b) Violates these Terms of Use;
(c) Exploits the Services or the Site for any unauthorised commercial purpose;
(d) Harvests or otherwise collect information from the Services or the Site for any unauthorized purpose;
(e) Uses the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use or enjoyment of the Site;
(f) Reverse engineers, disassembles, or decompiles the Services or the Site or applies any other process or procedure to derive the source code of any software included in the Services or the Site except to the extent applicable law does not allow this restriction or such rights have been expressly granted to you under a separate license;
(g) Sublicenses, sells, or otherwise distributes the Services or the Site, or any portion thereof;
(h) Uses any data mining tools, robots, crawlers, or similar data gathering and extraction tools to scrape or otherwise remove data from the Services or the Site;
(i) Uses any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
(j) Introduces any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to the Services or the Site;
(k) Attempts to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Site, the server(s) on which the Site is stored, or any server, computer or database connected to the Site; or
(l) Attacks the Services or the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site.
4.2. If CIFDAQ becomes aware of any possible violations by you of any provision of the Terms, CIFDAQ may investigate such violations, and at its sole discretion may take any of the actions set forth in Section 8 below.
5. Indemnification.
5.1. You agree to indemnify and hold CIFDAQ harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of:
(a) your use of, or inability to use, the Site, the Product, or Services;
(b) your violation of the Terms;
(c) your violation of any rights of another party, including any other users of the Product, Site, or Services; or
(d) your violation of any applicable laws, rules, or regulations.
5.2. CIFDAQ may, at its own cost, assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CIFDAQ in asserting any available defences.
6. Disclaimer of Warranties.
6.1. As Is Basis
The software, site, services, and any information displayed therein are provided on an “AS IS” and “AS AVAILABLE” basis, with all faults, and CIFDAQ expressly disclaims all warranties, representations, and conditions of any kind arising from or related to these terms or your use of the site, services, software, or any information displayed therein, including the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that, to the extent allowed by applicable law, all risk of use of the site, services, and product rests entirely with you.
6.2. Beta Releases
From time to time, CIFDAQ may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes, without any warranty of any kind, and may be modified or discontinued at CIFDAQ’ sole discretion.
6.3. Third Party Conduct
CIFDAQ products or site may include links to third party sites, products or services. You agree not to hold CIFDAQ liable for the conduct of third parties on or accessed via the Product, Site, Or Services, including the use of Third Party APIs and or services. The risk of injury from use of such third-party software and services rests entirely with you.
7. Limitation of Liability. 7.1. In no event will CIFDAQ be liable for any lost profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services arising out of or in connection with the services, whether or not CIFDAQ has been advised of the possibility of such damages, and regardless of the theory of liability asserted.
7.2. Under the maximum extent permitted by law, the maximum liability of CIFDAQ shall be One Thousand American dollars ($1,000.00).
8. Term and Termination.
8.1. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for so long as you access or use the Site, Product or Services, unless terminated earlier in accordance with this Section.
8.2. CIFDAQ may, at any time and for any reason, cease providing any or all of the Software, Site, or Services, and/or terminate the Terms. Without limiting the foregoing, we may also terminate your access to any or all of the CIFDAQ content.
8.3. Except as set forth in the following, these Terms will be of no further force and effect with respect to you if you cease all use of the Services and Software and no longer visit the Site.
8.4. Upon termination of any Service, your right to use the Site, the Products and Service will automatically terminate immediately. CIFDAQ will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms which by their nature should survive termination of Services will do so.
9. Dispute Resolution. Please read this Section (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with CIFDAQ and limits the manner in which you can seek relief.
9.1. You agree that any dispute or claim relating in any way to your access or use of the Site, Services, or Product, or to any aspect of your relationship with CIFDAQ, will be resolved by binding arbitration, rather than in court, except that:
(a) You may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and
(b) CIFDAQ may seek any relief (including but not limited to injunctive orders) in any appropriate court for infringement or other misuse of the services or intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
9.2. To the fullest extent permitted by applicable law, the parties each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted only in the respective party’s individual capacity and not as part of any class (or purported class), consolidated, multiple plaintiffs, or representative action or proceeding (“class action”). The parties agree to waive the right to participate as a plaintiff or class member in any class action. The parties expressly waive any ability to maintain a class action in any forum. If the dispute, claim, or controversy is subject to Arbitration, the Arbitrator will not have the authority to combine or aggregate claims, conduct a class action, or make an award to any person or entity not a party to the arbitration. Further, the parties agree that the Arbitrator may not consolidate proceedings for more than one person’s claims, and it may not otherwise preside over any form of a class action. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law. If this class action waiver is limited, voided, or found unenforceable, then, unless the parties mutually agree otherwise, the parties’ Agreement to Arbitrate will be deemed null and void with respect to such proceeding so long as the proceeding is permitted to proceed as a class action. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in Arbitration.
9.3. This Agreement and all claims arising under and in connection with this Agreement shall be governed by the substantive laws of British Virgin Islands.
9.4. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof brought by you, shall be settled by arbitration in accordance with the London Court of International Arbitration (the “LCIA”) in accordance with the LCIA rules in force at the time of the commencement of the arbitration. The seat of arbitration shall be London. The language of the arbitration shall be English. The number of arbitrators shall be one (1). We retain the right to bring any Dispute against you in any venue or court of competent jurisdiction, including the obtaining of injunctive relief in the courts of any jurisdiction, as determined in its sole discretion.
9.5. The arbitrator, and not any federal, state or local court or agency will have exclusive authority to:
(a) Determine the scope and enforceability of this Arbitration Agreement; and
(b) Resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and CIFDAQ. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
9.6. You and CIFDAQ hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and CIFDAQ are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
9.7. This Arbitration Agreement will survive the termination of your relationship with CIFDAQ.
9.8. If any part of this Arbitration Agreement is found under the law to be invalid or unenforceable, then such part will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
10. General Provisions.
10.1. Electronic Communications. Communications between you and CIFDAQ use electronic means, whether made via the Site or Services or sent via e-mail, or whether CIFDAQ posts notices on the Site or Services. For contractual purposes, you (1) consent to receive communications from CIFDAQ in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CIFDAQ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
10.2. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CIFDAQ’ prior written consent.
10.3. Force Majeure. CIFDAQ will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour, or materials.
10.4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Site, Services or Product, please contact us at: legal@cifdaq.com. We will do our best to address your concerns.
10.5. Notice. Where CIFDAQ requires that you provide an e-mail address, you are responsible for providing CIFDAQ with your most current e-mail address. In the event that the last e-mail address you provided to CIFDAQ is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, CIFDAQ’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to CIFDAQ at the following address: Skelton Bay Lot, Fish Bay, Tortola, VG 1110, British Virgin Islands or at legal@cifdaq.com. Such notice will be deemed given when received by CIFDAQ by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
10.6. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
10.7. Severability. If any portion of these Terms is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the rema