Term of Service
The Alt Thirty Six platform (the “Platform” or the “Services”) is operated by Alternate36, Inc. ("Alt Thirty Six”, “our,” “us,” or “we”). The following terms of service comprise the legal terms and conditions which all visitors and users agree to upon accessing or using any facet of the Platform and/or Services provided by Alt Thirty Six through the platform, mobile applications, or any other means.
For the purposes of this document, “you” and “your” mean either you, individually as a natural person, or, if applicable, the organization or entity on whose behalf, either knowingly or unknowingly, you are accessing or using the Platform or Services provided by Alt Thirty Six.
By accessing or using the Platform or Services provided by the Platform through any means, you agree to be bound by the terms contained herein. This is a binding agreement (the “Agreement”) between Alt Thirty Six and you.
SECTION A: TERMS APPLICABLE TO REGISTERED USERS OF THE PLATFORM AND SERVICES
If you are a natural person, you represent and truthfully assert that you are of legal age to form a binding contract. If you are using or accessing the Platform or Services on behalf of an organization or entity, you represent and warrant that you have full authority to do so and to bind such organization or entity to these Terms. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration form (such information being the “User Data”) and (b) maintain and promptly update the User Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Alt Thirty Six maintains the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any part thereof). If you fail to meet or qualify for the requirements set forth in this paragraph, do not register with or use the Platform or Services.
Alt Thirty Six grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Platform and Services. This license is limited to you alone. You may not sublicense the use of the Platform or Services in any way. Alt Thirty Six expressly holds all ownership rights, title and interest in and to all aspects of the Services and the Platform and any software made available in connection therewith, including but not limited to all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Platform. You may not alter or modify the Platform, create derivative works of the Platform, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Platform that would reveal any source code, trade secrets, know-how or other proprietary information. The license granted to you shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Platform. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Platform or displayed by, on, or in the Platform. You may use the Platform and Services only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Platform after any termination or expiration of your agreement to these Terms for any reason.
A3 State Compliance.
Transactions that violate state or local laws or any of these Terms may result in immediate suspension or termination of user account(s) at Alt Thirty Six's sole discretion and may be reported to the local and/or state regulatory and licensing authority as may be required by law.
A4 Alt Thirty Six DISCLAIMER.
USERS ACKNOWLEDGE THAT ALT THIRTY SIX IS MERELY A SOFTWARE PLATFORM CONNECTING YOU TO A DIGITAL CURRENCY AND ACTING AS A PAYMENT PROCESSOR. ALT THIRTY SIX IN NO WAY ACCEPTS OWNERSHIP OR AT ANY TIME EXERCISES CONTROL OVER YOUR DIGITAL WALLET, NOR DOES ALT THIRTY SIX CONSTITUTE AN ACCOUNT WHERE WE OR OTHER THIRD PARTIES SERVE AS FINANCIAL INTERMEDIARIES OR CUSTODIANS OF YOUR DIGITAL CURRENCY ACCOUNT(S).
A5. Pricing and Payment for the Services.
The fees for the Services are posted on the Alt Thirty Six Platform under merchant / company info section. Users will be notified to changes in the Services fees (if any) via email and notification sent to the users Alt Thirty Six account. Fees are subject to change at any time and, once such changes are posted on the Platform, new internal and external rates will become effective immediately for transactions. You agree to pay Alt Thirty Six the applicable fees for the Services provided by Alt Thirty Six under these Terms and you agree that Alt Thirty Six reserves the right to process your payment directly or through such other payment processing service as indicated on the Platform. Alt Thirty Six will bill you for all fees or, when you provide payment details directly to Alt Thirty Six, Alt Thirty Six may automatically charge you for each subsequent month of service fees provided as long as you are a subscriber. You may cancel your account by simply requesting to close account from the merchant section in your online portal or by contacting customer service at email@example.com. You will provide Alt Thirty Six with accurate and complete billing information, including legal name, address and telephone number. If such information is false or fraudulent, Alt Thirty Six reserves the right to terminate the Services and your access to the Platform in addition to seeking any other legal remedies. Alt Thirty SIx is not responsible for any charges or expenses (e.g., for overdrawn accounts, etc.) resulting from charges billed by Alt Thirty Six. All charges and fees paid are non-refundable unless otherwise agreed in advance in writing by Alt Thirty Six. All fees will be paid in U.S. dollars and are due as set forth on the Platform or in an applicable invoice. Alt Thirty Six’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Alt Thirty Six’s income.
A6. Monitoring of Content.
You acknowledge, consent and agree that Alt Thirty Six may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of thirdparties; (d) respond to your requests for customer service and or technical support; or (e) protect the rights, property, or personal safety of Alt Thirty Six, its users, or the public.
A7. Suspension and Termination of Access and Membership.
Alt Thirty Six reserves the right to suspend or terminate your account and use of the Platform or Services either temporarily or permanently, at any time, without notice, for the following reasons: (a) breach of these Terms, including policies or guidelines set forth by Alt Thirty Six; (b) conduct that Alt Thirty Six believes is harmful to other users of the Services or the business of Alt Thirty Six or other third parties; or (c) Alt Thirty Six discontinues the Services (temporarily or permanently) to its customers.
A8. Disclaimer of Warranty.
THE SERVICES AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, ALT THIRTY SIX MAKES NO WARRANTY THAT THE PLATFORM, CONTENT OR SERVICES WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE PLATFORM OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE PLATFORM, INCLUDING THE SERVICES, WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. ALT THIRTY SIX MAKES NO WARRANTY REGARDING ANY CONTENT, SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE PLATFORM OR ADVERTISED THROUGH THE PLATFORM. NO ADVICE OR INFORMATION GIVEN BY ALT THRITY SIX, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY. IN ADDITION, ALT THIRTY SIX DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALT THIRTY SIX OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
Alt Thirty Six uses reasonable efforts to ensure that the Platform and Services are available 24 hours a day, 7 days a week. However, there may be occasions when service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications service and equipment that are beyond the control of Alt Thirty Six. Alt Thirty Six will use sensible commercial efforts to minimize such disruption where it is within the practical control of Alt Thirty Six. You agree that Alt Thirty Six shall not be liable to you for any modification, suspension or discontinuance of service. YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to the Platform and Services and acknowledge that such access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements (if any). In addition, you must provide and are responsible for all equipment necessary to access the Platform and Services.
A10. Rights and Obligations
Alt Thirty Six provides the Platform solely on the terms and conditions set forth in this Agreement and on the condition that you accept and comply with them. By using the Platform you (a) accept this Agreement and agree that you are legally bound by its terms; and (b) represent and warrant that: (i) you are of legal age to enter into a binding agreement; and (ii) if you are a corporation, governmental organization or other legal entity, you have the right, power and authority to enter into this Agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these terms.
You acknowledge that your use of this Platform is at your own discretion and in compliance with all applicable laws. You are responsible for safekeeping your passwords, private key pairs, 2- Factor Authentication, authorization code and any other codes you use to access the Platform.
All transaction requests are irreversible. The authors of the Platform, employees and affiliates of Alt Thirty Six, copyright holders, and Alternate36, Inc. cannot retrieve your private keys or passwords if you lose or forget them and cannot guarantee transaction confirmation as they do not have control over the digital currency network.
A11. User Acts and Omissions
A12. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ALT THIRTY SIX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF ALT THIRTY SIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE PLATFORM, CONTENT OR SERVICES, FROM ANY CHANGES TO THE SITE, CONTENT OR SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF SOFTWARE PRODUCTS AND THE INTERNET. ALT THIRTY SIX IS NOT RESPONSIBLE FOR ANY HARM OR DAMAGES THAT MAY ARISE FROM ACCESS TO OR USE OF THE INFORMATION, FACTS, AND OPINIONS PROVIDED IN CONNECTION WITH THE PLATFORM OR SERVICES. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE PLATFORM AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT OR THE RELEASE OF SUCH CONTENT BY AN AUTHORIZED OR UNAUTHORIZED USER OPERATING UNDER YOUR USER ACCOUNT AND/OR PASSWORD.
IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES OR WITH ANY OF THESE TERMS, OR FEEL ALT THIRTY SIX HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND THE SERVICES. THE TOTAL LIABILITY OF ALT THIRTY SIX TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE PLATFORM OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN CONNECTION WITH THE EVENT(S) GIVING RISE TO THE CLAIM. IT IS THE INTENTION OF YOU AND ALT THIRTY SIX THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
A13. Applicable Law and Jurisdiction.
These Terms shall be governed by the laws of the state in which you reside and/or do business without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. However, any disputes arising pursuant to this Agreement shall be controlled by the language contained in Section A14 herein.
A14. Dispute Resolution.
ALT THIRTY SIX and you agree to mediate any dispute or claim arising between them out of this agreement or any resulting transaction before resorting to arbitration or court action, subject to the following: Mediation fees, if any, shall be divided equally among the parties involved. If either party commences a court action or a demand for arbitration without first attempting to resolve the matter through mediation, or refuses to mediate after the other party makes a request to mediate, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. ALT THIRTY SIX and you agree that any dispute or claim in law or equity arising between them out of this agreement or any resulting transaction that is not settled through mediation shall be decided by neutral, binding arbitration. The arbitrator shall be a retired Arizona state court judge or justice, or an attorney with at least five years of transactional law experience, unless the parties both agree to a different arbitrator, who shall render an award in accordance with substantive the applicable state law as defined in Section A13. Both parties shall initially share the cost of arbitration, but the prevailing party may be awarded attorney fees, costs, and other expenses of arbitration, unless the prevailing party waived the right to such fees, costs, and other expenses by failing to seek or agree to mediation to resolve the dispute, as discussed above. Any and all mediations and/or arbitrations shall be heard in Maricopa County, Arizona.
A15. Statute of Limitations.
Both parties agree to a one-year statute of limitation for the filing of any requests for mediation or arbitration related to this agreement or any resulting transaction. If said claim is filed more than one year subsequent to termination of this agreement or end of any resulting transaction, it is precluded by this provision, regardless of whether the claim had accrued at that time or not.
If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party, unless otherwise limited in this Agreement.
A17. Casus Fortuitus.
Each party will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, Internet or telecommunication disruptions, failure of licensors or suppliers, material shortages or any other cause which is beyond its reasonable control.
The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing, or as otherwise expressly stated in this Agreement.
A19. Entire Agreement and Severability.
These Terms constitute the entire agreement between you and Alt Thirty Six and govern your use of the Platform and the Services, superseding any prior agreements between you and Alt Thirty Six. The failure of Alt Thirty Six to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severable and shall not affect the validity and enforceability of any other provision of these Terms which shall remain in full force and effect. In the case of inconsistencies between these Terms and any other information presented to you regarding the Platform (e.g., promotional materials and mailers), these Terms will always govern and take precedence. Alt Thirty Six rejects the inclusion of any terms contained in any purchase order or other such ordering document provided by you, and such terms shall be deemed null and void.
A20. Amendment of Terms.
We reserve the right to make changes to our site, policies and these conditions of use from time to time without notice. Your continued use of the Platform and/or Services constitutes acceptance of and the intent to be bound by any amendments, additions, or modifications to these Terms. You assume any and all risks associated with the use of the Platform and/or Services.