You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; and (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party. If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to bind it and act on its behalf.
You must verify your phone number and register your identity at a BitcoinNW kiosk in order to use the Services. It is a violation of our terms and conditions to: (a) register on behalf of another user; (b) allow another user to use a kiosk under your registration; and (c) use a kiosk under another user’s registration. By using this service, you agree to send cryptocurrency directly to or from your own personal wallet, as opposed to that of a third party. Funds sent incorrectly to a third-party wallet are ineligible for refunds, and BitcoinNW does not take responsibly for the users error.
DESCRIPTION OF THE BITCOINNW NETWORK
BitcoinNW Kiosks. BitcoinNW kiosks are designed to enable users to insert physical currency into the kiosk in order to purchase bitcoins, or in reverse to use bitcoin to purchase physical currency, which is dispensed from the kiosk.
BitcoinNW Operators. BitcoinNW operators are the owners of BitcoinNW kiosks, who may purchase and sell bitcoins through the BitcoinNW kiosks (“Operators”).
BitcoinNW Network. The BitcoinNW network is a shared customer identity verification and compliance network maintained by BitcoinNW and each Operator, which collects and stores certain information identifying each user the first time he or she establishes a Profile at a BitcoinNW kiosk. The BitcoinNW network shares Profile information with the applicable operator when the same user, or a person purporting to be such user, attempts to use another kiosk, so that the Operator can determine if the identifying information presented by the user matches their network Profile.
Wallets. BitcoinNW does not provide wallets, so it's the responsibility of each user to set up their own personal wallet before trading at a BitcoinNW kiosk. Users take responsibility for carefully choosing a personal wallet and adopting good security practices to protect their funds. BitcoinNW is not responsible for any user wallet issues, which include but are not limited to, loss of login credentials, loss of wallet access, or loss of stored coin.
DESCRIPTION OF SERVICES
As described in more detail below, our Services allow you to (a) sell your bitcoin to an Operator and withdraw cash from that Operator’s kiosk (“External Sale”), and (b) insert cash at any BitcoinNW kiosk and receive bitcoin, by purchasing bitcoin from its Operator, and sending it to your Wallet (“External Purchase”).
Blockchain Ledger. When you buy or sell with a BitcoinNW kiosk, the Company generates and stores a cryptographic public key pair associated with your Wallet. The public key may be disclosed to the Blockchain and to third parties in order to complete Bitcoin transactions.
External Sale and External Purchase transactions (“collectively, “External Transactions”) are invalid or incomplete unless and until confirmed by the Blockchain. Through the Services, you may broadcast External Transactions to the Blockchain for verification and confirmation. However, the Blockchain is operated by a decentralized network of independent third parties, over which Company has no control. Company therefore cannot and does not ensure, warrant, or guarantee that any External Transaction you submit via the Services will be completed or confirmed. You acknowledge and agree that the External Transactions you submit via the Services may not be completed, or may be substantially delayed, by the Blockchain.
External Send and Receive. In order to conduct an External Send transaction, you must provide your wallet's public key. The Service will process the transaction by sending bitcoin from the Wallet to the public key as-entered, and debiting the Ledger balance for your Wallet in the amount of bitcoin sent. In order to conduct an External Receive transaction, you must provide your public key to the sender, who must use his or her own Bitcoin wallet software or service to send bitcoin to your public address by broadcasting such transaction to the Blockchain.
External Sale and Purchase. Each External Sale and External Purchase is carried out via a BitcoinNW kiosk operator (“Operator”). External Sales and External Purchases are subject to the terms of sale and/or terms of service of the applicable Operator, including identity verification procedures as well as transaction amount, volume, velocity, and time limits.
External Sale. When you select a BitcoinNW kiosk to which to send a specified number of bitcoins from your Wallet, you are selling such bitcoins to the Operator of that kiosk. The Service will display the bitcoin to currency conversion rate then in effect for such Operator, and the amount of currency you will receive in exchange for your bitcoins at the kiosk. If you authorize the transaction, we send the number of bitcoins you authorized from either your Wallet or a Company wallet to the applicable Operator’s wallet via an internal send. Once the transaction has been recorded, the Operator will make available to you the agreed-upon amount of currency at the kiosk, after verifying your identity, and during a specified timeframe.
External Purchase. When you elect to have bitcoins sent from a BitcoinNW kiosk to your Wallet, you are purchasing such bitcoins from the Operator. The kiosk will display the currency to bitcoin conversion rate then in effect for such Operator, and the number of bitcoins you will receive in your Wallet. After you input the required amount of cash, the Operator will send the purchased bitcoins to your Wallet by carrying out an internal send. If the transaction is confirmed, we will record a Ledger credit to your Wallet for the number of bitcoins we received from the Operator.
We do not control, direct, or assume any responsibility for the actions of any Operator. Our involvement in External Sales and External Purchases is limited to broadcasting such transactions to the Blockchain and recording such transactions on our Ledger, as applicable. We cannot and do not guarantee performance of the remainder of the transaction by the Operator.
Unauthorized Access. We cannot and do not guarantee that unauthorized third parties will not access your Wallet information. You are solely responsible for implementing adequate security practices to protect against any unauthorized access to your Wallet, including, without limitation, by protecting your login credentials and Profile information, avoiding the introduction of viruses, key logging software, and other harmful software into any computer or device you use to access the Services, and protecting against any unauthorized access to the e-mail account associated with your Wallet or Profile. You acknowledge and agree that anyone with access to your Wallet or Profile information may be able to spend or transfer the bitcoins in your Wallet. You take responsibility for all activities that occur through your Wallet and accept all risks of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law
Relationship. Company is an independent contractor for all purposes, and is not your agent or trustee.
Accuracy of Information. You represent and warrant that any information you provide via the Services is accurate and complete. You acknowledge and agree that Company is not responsible for any errors or omissions that you make in connection with any Bitcoin transaction initiated via the Services. For instance, if you mistype a wallet address or otherwise provide incorrect information in connection with any transaction request to send bitcoins via the Service, the Bitcoins will be sent to whatever wallet address or information you provide. We strongly encourage you to review your transaction request details carefully before completing any transaction requests via the Services. We are not responsible for any errors or omissions you make in connection with conducting any transaction.
No Cancellations or Modifications. Once an External Transaction has been broadcast to the Blockchain via the Services, the Bitcoin distributed network will automatically complete or reject the request and you will not be able to cancel or otherwise modify the transaction. Company has no control over the Blockchain and does not have the ability to facilitate any cancellation or modification requests. As a result, all External Transactions submitted via the Services are irreversible.
Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you complete via the Services, and any profit or loss you obtain therefrom, and it is your responsibility to collect, report, withhold, and remit the correct taxes to the appropriate tax authorities.
Company Fees. Company may make available certain services for free and may charge fees for other service offerings. We will provide notice via our Services of any charges applicable to the use of any of our Services.
Miners Fees. The Blockchain is operated by a network of computers that have installed the Bitcoin network software. The persons or entities who operate those computers, called “miners,” voluntarily participate in the Blockchain confirmation process. Bitcoin miners compile a list of pending Bitcoin transactions, called “blocks,” verify that each transaction in the block is valid and does not involve an attempt to re-spend bitcoins, and solve a mathematical algorithm to confirm that the block should be added to the public ledger of confirmed blocks. Bitcoin mining is a competitive process. The first miner to verify the transactions in a block and solve the associated algorithms receives (i) an amount of bitcoins as a reward, which are generated automatically via the Bitcoin network, and (ii) any fees voluntarily included within the block by the individuals who initiated the proposed transactions (“Miners Fees”). Since miners verify Bitcoin transactions on a voluntary basis, it is customary to include a Miners Fee in order to provide an incentive to the miners to add a proposed transaction to the next block for confirmation via the Blockchain. You agree to pay any Miners Fees that Company includes in External Transactions that Company broadcasts to the Blockchain.
DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. In the event that we discontinue the Services[, we will send the number of bitcoins credited to your Wallet on the Ledger to the Bitcoin public address associated with your Wallet, and display/send your private key to you so that you may access your Wallet through third-party wallet services.
In the event of any Force Majeure Event (as defined in Section: Miscellaneous / Force Majeure Events), breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Wallet and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. Upon termination, we will discontinue your access to the Service as described above.
Once we provide you with the private key to your Wallet, you are solely responsible for storing, outside of the Services, a backup of such private key as well as its associated public key. If you do not maintain a backup of such information outside of the Services, you will be unable to access Bitcoins associated with your Wallet in the event that we discontinue the Services.
ASSUMPTION OF RISK
You acknowledge and agree that there are risks associated with utilizing an Internet-based, hosted wallet service including, but not limited to, the risk of failure of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored with your Wallet, including, but not limited to your bitcoins. You acknowledge and agree that Company will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Services, however caused.
Company takes no responsibility for and will not be liable for any losses, damages, or claims arising from the use of our Services, including, but not limited to, any losses, damages, or claims arising from (a) a Wallet being accessed by a third party guessing your credentials through luck or trial and error, (b) server failure or data loss, (c) compromised passwords or e-mail accounts, (d) incorrectly constructed transactions or mistyped Bitcoin addresses; (e) "phishing," viruses, third-party attacks, or any other unauthorized third-party activities, or (f) any unauthorized access to our Services via your Wallet or Profile.
THIRD-PARTY SERVICES AND CONTENT
In using our Services, you may view content or utilize services provided by third parties, including links to Web pages and services of such parties (“Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. You are solely responsible for determining whether the use of our Services or any Third-Party Content is permissible under the laws applicable to your jurisdiction. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
You hereby authorize us to obtain and use any information associated with your Profile from Operators. Such information may include your:
mobile phone number;
electronic scan of driver’s license (including photo) or other government ID;
biometric palm scan; and
BitcoinNW network identification number.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Company or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”). Any Feedback you submit is non-confidential and will become the sole property of Company. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in Section THIRD-PARTY SERVICES AND CONTENT. Further, you agree not to submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Company or Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Company Materials”) are the proprietary property of Company or our licensors or suppliers and are protected by copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Company Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Company Materials; (b) the distribution, public performance or public display of any Company Materials; (c) modifying or otherwise making any derivative uses of the Company Materials, or any portion thereof; or (d) any use of the Company Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
"BitcoinNW,” the Company logo, and any other Company product or service names, logos or slogans that may appear on our Services are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You will not use any trademark, product or service name of Company without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product, or service name of Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS, OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATION ON LIABILITY SHALL APPLY WHETHER SUCH LIABILITY ARISES IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, COMPANY OR TO THESE TERMS.
You agree to defend, indemnify, and hold harmless the Company Parties from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
APPLICABLE LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Company agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Company agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Company must be sent to firstname.lastname@example.org. You and Company further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Portland,Oregon; (c) that arbitration will be conducted confidentially, in the English language and by a single arbitrator in accordance with the Rules of the American Arbitration Association (the “AAARules”), and such AAA Rules are deemed to be incorporated by reference to these Terms; and (d) that the state and federal courts in Portland, Oregon have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Oregon, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Your arbitration fees and your share of arbitrator compensation shall be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND COMPANY WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING
Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Company for the Services or for any other Company product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the Services and updating the “Last Updated” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to the Services unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the Services after such changes become effective. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Services.
Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
Severability. The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
Force Majeure Events. Company will not be liable for any loss or damage arising from any event beyond Company’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction (each, a “Force Majeure Event”).
Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Company, including by operation of law or in connection with any change of control. Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Headings. Headings of sections are for convenience only and will not be used to limit or construe such sections.
Survival. Sections 20 (Disclaimer of Warranties), 21 (Limitation of Liability), 22 (Indemnity), 23 (Applicable Law; Arbitration) and this Section 25 (Miscellaneous) will survive any termination or expiration of these Terms.