The Company may terminate, change, suspend or discontinue any aspect of this Website or the Services at any time without notice. Without limiting the generality of the foregoing, the Company may change the availability of any features, institute new, or amend existing fees or charges for the use of the Website, the Services, or any features included in the Website or the Services, add, remove, modify or otherwise change any content on this Website, and impose limits on certain features or restrict access to parts or all of this Website. The Company reserves the right, but not the duty, to correct any errors or omissions in any portion of this Website at any time and without notice.
DIGITAL ASSET MANAGEMENT
Among the Services made available by the Company through the Website, the Company shall provide certain digital asset management and digital currency exchange and trading services (collectively, the “Digital Asset Management Services”) to users that have created a CoinField Account (defined below). Using the CoinField Account and the payment processing services provided by Select Software, users shall be entitled to deposit Canadian dollars, or such other currencies as are made available on the Services from time to time, into their CoinField Account and convert those funds into various digital assets, including virtual currencies, digital currencies, digital commodities, and cryptocurrencies based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange or store of value (including but not limited to Bitcoin, Bitcoin Cash, Litecoin, XRP, Dash and Bitcoin Gold), and such other digital assets as the Company may make available on the Website from time to time (each, a “Digital Asset”).
COINFIELD ACCOUNT AND DIGITAL ASSET MANAGEMENT SERVICES
You must create a user account (a “CoinField Account”) in order to access and use many of the Services made available through the Website, including the Digital Asset Management Services. In order to create your CoinField Account, you must follow the account registration process set out on the Website and provide accurate and complete information to the Company and Select Software, as required, together with a unique secret password necessary for you to access your CoinField Account.
USER’S ACKNOWLEDGMENTS, REPRESENTATIONS, WARRANTIES AND COVENANTS
By creating a CoinField Account or using the Services, including the Digital Asset Management Services, you acknowledge, represent, warrant and covenant to the Company and Select Software as follows:
Eligibility to Use Services
The Company and Select Software do not make the Services available in all jurisdictions. You may view a current list of all jurisdictions in which the use of the Services is prohibited at CoinField Restricted Locations (the “CoinField Restricted Locations”). You represent and warrant that you are not located in, under the control of, or a citizen or resident of any of the CoinField Restricted Locations.
Notwithstanding the omission of any country or jurisdiction from the CoinField Restricted Locations, any use of the Services from a location where the Website or Services are illegal or otherwise unauthorized by the competent authorities located therein is expressly prohibited. The Website and Services may be used only for lawful purposes and in a lawful manner. Any user that uses the Website or the Services in a manner that is unauthorized or in contravention of the law in their jurisdiction of residence or nationality shall be liable to and responsible for any losses or damages incurred by the Company and Select Software in connection with such unauthorized or unlawful action.
In order to register for a CoinField Account and use the Services, you must provide us with any identify verification and other information that we request to comply with our AML & KYC Policy. You may be required to provide additional information from time to time, in order to continue using the Services. You hereby authorize us to verify your identity and other information you provide to us, at any time as required by the Company, including to query for information held by third parties, and to take such action as we determine is necessary or prudent based on the results of such inquiries or otherwise in connection with our AML & KYC Policy. CoinField reserves the right to determine in its sole discretion whether any information supplied by you or obtained from third parties is sufficient to comply with our AML & KYC Policy.
You agree to the terms of all CoinField programs, policies and guildelines, including without limitation, the AML & KYC Policy, the CoinField Referral Program, and any other programs or policies published by CoinField from time to time (collectively, the “CoinField Programs and Policies”). CoinField reserves the right to modify the terms of any CoinField Programs and Policies at any time in its sole discretion, including without limitation, by ending or implementing new CoinField Programs and Policies.
Any user that uses the Website or the Services in a manner that is unauthorized or in contravention of the law in their jurisdiction of residence or nationality may have their CoinField Account revoked and be required to forfeit some or all of the Digital Assets and funds held therein. Without limiting the generality of the foregoing, in the event the Company or Select Software incurs any losses or damages as a result of a user’s unlawful or unauthorized use of the Website or Services, the Company and Select Software shall have the right to freeze such user’s CoinField Account and, upon notice to the user, recover such losses or damages by withdrawing the Digital Assets and funds maintained therein and applying same toward remedying the losses and damages.
You have obtained such legal and tax advice as you consider necessary and appropriate in connection with your trading of Digital Assets and use of the Digital Asset Management Services. It is your responsibility to determine what, if any, taxes apply to the transactions you complete using Digital Asset Management Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority.
Your use of the Website and the Services will conform with all applicable laws, including all laws relating to intellectual property rights, data privacy, international communications and the transmission of technical or personal data.
Information and Privacy
All information that you submit to the Company and Select Software, in connection with the creation of your CoinField Account or otherwise, is true, complete and correct in all material respects. Should any information change after the date of submission (for example, your phone number or home address), you will update the information submitted to the Company and Select Software no later than 15 days after the date of such change. Neither the Company nor Select Software accepts any responsibility or liability whatsoever for any losses or damages incurred by you or any other person arising from or in connection with your failure to maintain current and accurate information with the Company and Select Software.
You are solely responsible for the activity that occurs on your CoinField Account, and you must keep your account password secure and not disclose it to any person or permit any other person to use it.
You will immediately notify the Company of any breach of security or unauthorized use of your CoinField Account. Neither the Company nor Select Software will be liable to you or any other person for any losses or damages caused by the unauthorized use of your CoinField Account, and you may be held liable for any losses or damages suffered by the Company, Select Software or others arising from such unauthorized use.
Pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “Proceeds of Crime Act”) or any other laws or regulations in Canada or elsewhere which takes legislative measures against terrorists and other listed and sanctioned individuals and entities (collectively, “AML Legislation”), the Company and Select Software may be required, from time to time, to disclose to the Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”) or other governmental authorities certain information about users and CoinField Accounts that the Company, Select Software, FINTRAC or other governmental authorities believe may be linked to money laundering or terrorist financing or a violation of AML legislation. Neither the Company nor Select Software accepts any responsibility or liability whatsoever for any losses or damages incurred by you or any other person arising from or in connection with any disclosure by the Company or Select Software that is compelled by a governmental authority, legislative body, or pursuant to any AML Legislation or any other applicable law.
The Digital Assets do not grant to the holders thereof any rights commonly associated with securities ownership, such as voting rights and rights to participate in the equity of an issuing company.
The Digital Assets have no inherent or underlying monetary or other value and may, at any time and without warning or notice, have no such value whatsoever.
The Services and all Digital Assets made available using the Services are provided on an “as is” and “as available” basis. The Company makes no representations or warranties with respect to the Services or the Digital Assets available for purchase and sale using the Services and you are solely responsible for informing yourself as to the nature and value of your Digital Assets prior to engaging in a transaction with them.
The Services, including the Digital Asset Management Services, do not constitute an offer or solicitation in any jurisdiction in which such offer or solicitation is unauthorized or unlawful.
Through the Website, the Company offers a marketplace for the buying and selling of Digital Assets. Digital Assets and the markets in which such Digital Assets are traded are listed at the sole discretion of the Company. The Company reserves the exclusive right to add and remove Digital Assets and markets from the Services at any time.
In the event the market for a Digital Asset is closed or removed from the Services, your open orders will be cancelled and your CoinField Account will be credited an amount equal to the value of the cancelled orders. If a Digital Asset is scheduled for removal from the Services, you will be notified and granted 25 days to withdraw your funds from your CoinField Account if permitted by the applicable Digital Asset or its blockchain. Neither the Company nor Select Software bears any responsibility or liability to you or any other person whatsoever for any losses or gains incurred in connection with the removal of a Digital Asset or market from the Services.
While we strive to ensure that the marketplace is both fair and free, the Company cannot be held accountable for any form of market manipulation that may occur, whether it be within the marketplace made available through the Digital Asset Management Services, or in the worldwide marketplace for Digital Assets, including cryptocurrencies, as a whole.
The purchase and sale of Digital Assets, particularly digital and virtual currencies and cryptocurrencies, involves high levels of speculation and risk. Due to the constant and frequent fluctuations in value and exchange rates, the value of your Digital Assets may increase or decrease at any time. The Company does not and cannot control the value of any Digital Assets. By creating a CoinField Account or using the Website or the Services, including the Digital Asset Management Services, you acknowledge and agree that neither the Company nor Select Software bears any responsibility or liability to you or any other person whatsoever for any losses or gains incurred in connection with your use of the Website or the Services, including the Digital Asset Management Services.
The prices of Digital Assets, including digital and virtual currencies and cryptocurrencies, are often unpredictable and experience swings due to a variety of reasons, including government interference, market conditions and speculation. Neither the Company nor Select Software set the current market price for any of the Digital Assets. The price of Digital Assets, including cryptocurrency units traded using the Digital Asset Management Services platform, results directly from buy and sell orders placed by users.
While the Company endeavors to provide current, accurate and complete information relating to the Digital Assets and Services, including prices and market data, the Company provides such information exclusively on an “as is” and “as available” basis. The Company makes no representations or warranties with respect to such information.
Issuers of the Digital Assets may not be subject to ongoing public disclosure and reporting requirements and, therefore, it may be difficult or impossible to obtain accurate and current information relating to such issuers or the Digital Assets they make available. Due to the foregoing, there is a risk that others trading in Digital Assets may be doing so while in possession of material non-public information relating thereto.
Any trading decision based on information provided by the Company or Select Software or otherwise featured on the Website shall be the responsibility of the user alone. The Company and Select Software assume no responsibility and explicitly disclaim any and all liability for any action that you or any other user takes in the course of using the Website or the Services, including the Digital Asset Management Services.
The Company does not own or control any underlying technology of the Digital Assets, including any technology governing the use of cryptocurrencies. We disclaim all liability regarding such underlying technology and make no representations or warranties regarding its security, functionality or availability. Changes in the underlying technology of the Digital Assets may mean that we will no longer support such Digital Assets and may remove such Digital Assets from the Services. In particular, the underlying technology of cryptocurrencies may change such that they are subject to new rules governing their operation (a “Fork”), which may result in more than one version of the cryptocurrency. We are not responsible for any consequences arising from a Fork, including any losses you may suffer. In the event of a Fork, we may suspend trading or remove from the Services any of the cryptocurrencies subject to or resulting from the Fork.
In the event the Company is holding any Digital Assets on your behalf and the Company is unable to return such Digital Assets to you as contemplated in these Terms or otherwise following a period of your inactivity using the Services, then the Company may report and remit such Digital Assets in accordance with applicable unclaimed property laws.
The Company is not a financial institution, bank, credit union, trust, hedge fund, investment consultant or deposit business and is not subject to the same laws, regulations, directives or requirements applicable to such entities.
The Company is not protected by the Canadian Deposit Insurance Corporation (the “CDIC”) or any similar entity providing comparable insurance services. Funding to your CoinField Account, whether in a national currency or by means of a Digital Asset, are not protected by any governmental insurance policy. For added security and protection of your Digital Assets, we recommend you transfer all of your Digital Assets to offline cold wallets. More information on our security technology can be found at https://www.coinfield.com/support/most-secure-bitcoin-exchange-canada
All information, analyses, data, opinions and other content provided on the Website by or on behalf of the Company or Select Software is provided for informational purposes only and are not intended to constitute financial, legal, tax or investment advice. Neither the Company nor Select Software accepts any responsibility or liability whatsoever for any losses or damages incurred by you or any other person arising from or in connection with information or other content posted on the Website.
An open order for the purchase or sale of a Digital Asset may be cancelled at any time by a user prior to its confirmation, acceptance and final execution.
All payment deposits to and withdrawals from your CoinField Account are processed for the Company by Select Software and subject to transaction fees posted on the Website. Transaction fees are non-refundable and subject to change without notice from time to time. You authorize us, or our designated payment processor, to charge or deduct your CoinField Account for any transaction fees or other amounts owed to the Company. The user is solely responsible and liable for any taxes, fees and other expenses payable as a result of the user’s use of the Services.
The ability of the Company and Select Software to fulfil purchase and sale orders on a timely basis depends in part on the presence of a market for the relevant Digital Asset. It may not be possible to fulfil orders where there are insufficient corresponding purchase and sale orders. Neither the Company nor Select Software accepts any responsibility or liability whatsoever for any losses or damages incurred by you or any other person arising from or in connection with purchase or sale orders that are not fulfilled on a timely basis in this regard.
The Company may, in its sole discretion, match orders placed by users using a third party platform or, alternatively, within the Company’s own network of users.
The Company may, in its sole discretion, decline or delay the processing and fulfilment of any order for the purchase, sale or withdrawal of Digital Assets or fiat currency at any time and for any reason. Without limiting the generality of the foregoing, the Company reserves the right to cancel or delay any orders placed using the Services while system maintenance is ongoing, there is a shortage of liquidity in relation to a large volume of orders to be processed, or the Company determines.
The Company may, in its sole discretion, cancel, modify or delay the processing and fulfilment, and/or take any other measures it deems appropriate to correct or reverse, any order for the purchase, sale or withdrawal of Digital Assets or fiat currency, either in whole or part, if the Company determines that such order is erroneous. An erroneous order may include an order that is the result of or affected by: (i) a disruption or malfunction in the trading platform or other technology used to provide the Services or a cryptocurrency network; (ii) suspicious or improper trading activity; or (iii) an obvious error in a term of the order (such as price or quantity). Notwithstanding the foregoing, neither the Company nor Select Software shall be responsible or liable whatsoever for any losses or damages incurred by you or any other person arising from or in connection with any actions taken by the Company or Select Software in response to an erroneous order.
While the Company attempts to offer the best available exchange rates applicable to the Digital Assets and fiat currencies available on the Services, by using the Services (including the Digital Asset Management Services) you are deemed to accept and agree to all exchange rates posted on the Website and applicable to your transactions using your CoinField Account.
In the event a user places a stop-limit buy or sell order that results in profits that exceed the trigger price of such order, the Company may retain the difference between the total order amount and the resulting return provided the terms of the stop-limit order are fulfilled.
Neither the Company nor Select Software accepts any responsibility or liability whatsoever for any losses or damages incurred by you or any other person arising from or in connection with purchase or sale orders that are not fulfilled on a timely basis, or are cancelled, by reason of non-routine system maintenance or otherwise.
Accessing and using the Website and the Services requires an internet connection and the transmission of data by your internet service provider. You shall be solely responsible for complying with your internet service provider’s terms and conditions of use, together with all fees and expenses you incur in connection with your use of the Website or the Services. In no event shall the Company or Select Software be liable for any fees, expenses or other charges incurred by you or any other person in connection with your use of the Website or the Services.
The Company cannot guarantee that the Services or the Website will always be available or free of errors. The Website and the Services may be subject to limitations, delays, downtime and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures, or losses or damages resulting from such problems.
The Website and the Services may contain exploitable security flaws that, if subject to malicious cyberattack, may result in security breaches and the loss or theft of your data, Digital Assets or other funds in your CoinField Account. Neither the Company nor Select Software warrant the security of any information you transmit using the Services or any transactions involving Digital Assets or others funds. More information on our security features can be found at: https://www.coinfield.com/support/most-secure-bitcoin-exchange-canada
While the Company will endeavor to provide notice to users in advance of any scheduled maintenance to the Website or Services that results in delayed or halted availability, it shall not be responsible for any losses or damages incurred by you or any other person arising therefrom. However, the Company will undertake all reasonable efforts to provide stable and reliable Services, and will attempt to resolve any problems quickly and with minimal disruption.
When using the Website or the Services, you agree not to do any of the following:
Use or attempt to use another person’s CoinField Account.
Use the Website or the Services to distribute malware, viruses, trojan horses or other harmful, disruptive, or destructive files.
Use any device, software or other instrument to interfere or attempt to interfere with the proper functioning of the Website or the Services.
Take any action that imposes an unreasonable or disproportionately large load on equipment, software or data bandwidth used to operate the Website or the Services.
Use any robot, automatic device, or manual process to monitor or copy any content from the Website without the prior express consent from the Company, unless such use is by a search engine employed to direct internet users to the Website.
Use the Services to send spam, chain letters, junk mail, or any other type of unsolicited mass e-mail.
Reverse engineer or access the Website or the Services in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics from the Services, or copy any ideas, features, functions or graphics from the Services.
Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or any part thereof.
Use any libellous, hateful, abusive, harassing, or obscene language towards other users.
Post any material that infringes or violates the Company’s, Software Select’s, or any third party’s copyright, trade-mark, trade secret, privacy, or other proprietary or property right.
OWNERSHIP OF WEBSITE CONTENT
they must identify the Company as the source;
they must be used or reproduced accurately, without any modification; and
they must be used exclusively for non-commercial purposes.
The Company’s prior written consent is required for the use of Works for any purpose not expressly permitted above, such as for any commercial purpose whatsoever.
THIRD PARTY WEBSITES
This Website may include links to other websites or resources and businesses operated by third parties and persons other than the Company (collectively “Third Party Websites”). Third Party Websites are independent from the Company, and the Company has no responsibility or liability for or control over Third Party Websites, their business, goods, services, or content. Your use of Third Party Websites and your dealings with the owners or operators of Third Party Websites is at your own risk, and you will not make any claim against the Company arising from, connected with, or relating to your use of Third Party Websites or your dealings with the owners or operators of Third Party Websites. The Company makes no representations or warranties regarding, and does not endorse, any Third Party Websites, the contents thereof, the information appearing thereon or any of the products or services described thereon. Links to Third Party Websites do not imply that the Company sponsors, endorses or is affiliated or associated with the person that owns or is responsible for such Third Party Website. If you decide to visit any linked Third Party Websites, you will do so at your own risk.
LINKING TO WEBSITE
You may link to the Website provided you comply with the linking conditions described below (collectively, the “Website Linking Terms”):
A link may be established to the following home page of this Website at <www.coinfield.com>;
If you link to this Website, your website:
may not imply that the Company or Select Software is endorsing you or your products or services;
may not imply an affiliation between you or any entity on whose behalf you may be acting without the prior written consent of the Company;
may not misrepresent your relationship with the Company or present false or misleading impressions about the Company or its services; and
may not contain content that is illegal or may be interpreted as distasteful or offensive;
the Company shall have no responsibility or liability for any content appearing on your website;
the Company may, at any time and in its sole discretion, immediately terminate your right to link to this Website, with or without cause. If the Company exercises this right, you will immediately remove all links to this Website; and
without limiting the generality of the foregoing, regardless of whether a link has been permitted by the Company, the Company is not responsible for the contents of any website that is linked to this Website. The Company makes no representations or warranties, and does not endorse, any website that is linked to this Website, the contents of any such website, the information appearing on any such website or any of the products or services described on any such website. The fact that a website is linked to this Website does not imply that the Company sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.
By linking to this Website, you will be deemed to have reviewed, understood and accepted, on your own behalf and on behalf of any person on whose behalf you may be acting, the Website Linking Terms and agreed with the Company to be bound hereunder.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ACTIONS AND COMMUNICATIONS UNDERTAKEN OR TRANSMITTED IN THE COURSE OF YOUR USAGE OF THE WEBSITE AND THE SERVICES, AND THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS IN RESPECT OF SAME.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY AND SOFTWARE SELECT MAY INVESTIGATE OCCURRENCES WHICH MAY INVOLVE VIOLATIONS OF SUCH LAWS, AND MAY INVOLVE, AND CO-OPERATE WITH, LAW ENFORCEMENT AUTHORITIES IN PROSECUTING USERS WHO ARE INVOLVED IN ANY SUCH VIOLATIONS. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION (INCLUDING YOUR PERSONAL INFORMATION) REGARDING YOUR USAGE OF THE SERVICES IN EACH CASE AS MAY BE PERMITTED OR REQUIRED BY APPLICABLE LAW, INCLUDING AS NECESSARY TO SATISFY ANY REQUEST AUTHORIZED BY APPLICABLE LAW.
YOUR USE OF THIS WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, SERVICES AND DIGITAL ASSETS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF (A) MERCHANTABILITY, (B) MERCHANTABLE QUALITY, (C) FITNESS FOR A PARTICULAR PURPOSE, (D) TITLE, OR (E) NON-INFRINGEMENT. FURTHER, NEITHER THE COMPANY NOR SELECT SOFTWARE WARRANTS OR REPRESENTS THAT THE WEBSITE, SERVICES, DIGITAL ASSETS OR ANY CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, SPYWARE OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE WEBSITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE, THE WORKS OR THE SERVICES AT ANY TIME. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE.
LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR SOFTWARE SELECT, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES, OR ANYONE FOR WHOM ANY OF THE FOREGOING IS RESPONSIBLE AT LAW, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES ARISING FROM OR IN CONNECTION WITH (A) THE WEBSITE, (B) THE SERVICES, (C) ANY ERRORS OR OMISSIONS IN CONTENT CONTAINED IN THE WEBSITE, THE SERVICES OR THE WORKS, (D) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE SERVICES, (F) ANY VIRUSES, TROJAN HORSES, MALWARE, SPYWARE, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICES BY ANY THIRD PARTY, OR (G) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF THE COMPANY OR SOFTWARE SELECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND SOFTWARE SELECT, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES, AND ANYONE FOR WHOM ANY OF THE FOREGOING IS RESPONSIBLE AT LAW, SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY EXPLICITLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR A CLASS-WIDE ARBITRATION AGAINST THE COMPANY, SELECT SOFTWARE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES, AND ANYONE FOR WHOM ANY OF THE FOREGOING IS RESPONSIBLE AT LAW.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND SELECT SOFTWARE, TOGETHER WITH THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES, AND ANYONE FOR WHOM ANY OF THE FOREGOING IS RESPONSIBLE AT LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL), OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, LEGAL FEES AND OTHER EXPENSES ARISING FROM OR IN CONNECTION WITH: (A) YOUR ACCESS TO AND USE OF THE WEBSITE, THE SERVICES OR YOUR COINFIELD ACCOUNT; (B) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (C) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE INDEFINITELY. IN THE FOREGOING CASE, THE COMPANY WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
APPLE APP STORE TERMS
GOOGLE PLAY TERMS
CHOICE OF LAW
SALE OF GOODS