YOU (“YOU” OR “YOUR”) AGREE THAT BY USING WWW.CRACKINGCRYPTOCURRENCY.COM (“WEBSITE”), SUCH USE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW (“AGREEMENT”) ON BEHALF OF YOURSELF OR ANY LEGAL ENTITY YOU ARE REPRESENTING. THIS AGREEMENT GOVERNS YOUR USE OF THIS WEBSITE AND ALL CONTENT CONTAINED ON THIS WEBSITE MADE AVAILABLE BY K&W STRATEGIES, LLC (CRACKING CRYPTOCURRENCY), AN IOWA LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND/OR ASSIGNS (“WE” OR “US”).
Prohibited Access for Persons Under the Age of 18.
Limited License to Use this Website
You are granted a single, non-exclusive and revocable license to view and access the content contained on this Website, any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings, podcasts and similar recordings, applications, files or any other separate website element made available to You (collectively referred to as “Materials”). You agree that no joint venture, partnership, employment or agency relationship exists between You and us as a result of this agreement or your use of this Website. You are responsible for obtaining and maintaining all equipment and services needed for your access to and use of this Website and are responsible for all related charges.
General Use Restrictions
As a condition of your access and use of this Website, You agree that: i) You will only use this Website and/or any of the Materials for personal, non-commercial purposes; ii) You will not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with another person’s use and enjoyment of the Website, including uploading or introducing files that contain viruses, corrupted files, or any other similar software or other applications or programs that cause damage or interference with any computer, server or network; iii) You will not engage in any unauthorized use of any Materials in a manner that violates copyright laws, trademark laws or the laws of privacy and publicity of another; iv) You will not to use any data mining, robots, engage in any “harvesting or similar data gathering or extraction methods in connection with this Website; v) You will not otherwise engage in any hacking or attempt to gain unauthorized access to any portion of this Website; and vi) You agree to comply with all applicable laws and regulations of the United States and any other applicable International treaty, law or regulation governing your use of this Website. Use of this Website for any of the foregoing reasons is strictly prohibited. Additional use restrictions are contained elsewhere in this Agreement.
Compliance with Applicable Laws
We make no representation that the Materials available on this Website are appropriate or available for use in your jurisdiction. You are solely responsible for compliance with local laws in your jurisdiction or territory, to the extent applicable. Access and use of this Website from any jurisdictions where the Materials are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.
Our Intellectual Property
All Materials are either owned or licensed by us and are protected under our proprietary rights. Commercial use of any of the Materials contained on this Website is strictly prohibited. Except as otherwise stated, none of the Materials may be saved, downloaded, copied, reproduced in any electronic, digital or mechanical format or medium or by way of photocopying or otherwise, and may not be disseminated, distributed, re-published or used for any public display or performance, in any form or manner whatsoever without our prior written consent. We reserve the right to limit the amount of Materials displayed on this Website. You are restricted from, modifying or altering any copyright or other proprietary notice, or trademarks from any of the Materials found on this Website. In addition, the “look and feel” of this Website (including the unique combination of Website colors, page headers, graphics, icons, images and scripts, etc.) is considered by us to be valuable and protectable trade dress and may not be copied, imitated, or used (in whole or in part) by You without our prior written permission. This Website and all separate Website elements are protected under United States copyright laws. You may not engage in any “framing” of any page of this Website or otherwise of any of the Materials on this Website. Some of the Materials on this Website include embedded video and/or audio recordings and may include podcasts and other similar downloadable video or audio files from time to time. All video and audio recordings and files are owned by us unless otherwise stated in those Materials. Additionally, this Website may contain embedded video or audio recordings from external servers and third party websites including, but not limited to, YouTube.com, Google Video, etc. All such embedded recordings are owned by us regardless of whether they are hosted by any such third party websites and/or external servers.
Our External Links Policy
We grant You permission to link to this Website, including “deep linking” to web pages within this Website. However, at all times You agree that: (1) You will only use a text link to link to this Website as it appears on your website and You will not use any trademark or logo or incorporate any type of “image link on your website using any of the Materials; (2) You will not engage in any “scraping” of the Materials by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete and original format); (3) You will not engage in any “framing” of any pages of this Website or any of the Materials by copying any displaying any portions thereof through use of any in-line links or by any other manner; and (4) You agree to display any web page within this Website in full including all trademarks, advertising, banner ads and all other promotional materials, unaltered and without any additional content not included on the original webpage, including any frame, border, margin, design, logo, branding, third party trademark or any other advertising or promotional materials not displayed on the original webpage. We reserve the right at any time, in our sole discretion, to revoke your right to link to any webpage on this Website. Any other use by You of any external links to this Website made in any manner other than according to these terms is strictly prohibited. Notwithstanding the foregoing, You, or any of your employees, agents, affiliates or any other person or entity under your control, are restricted from placing any type of external link to this Website on any website that has been penalized or de-indexed by Google or any other major search engine due to the website’s content, spam practices, any malware/viruses contained on the website(s) or due to any other activities whatsoever in violation of the terms or policies of such search engine. In addition, You agree that You will immediately cause the removal of any links to this Website from any such third-party website(s) which has/have in fact been penalized or de-indexed by Google or any other major search engine, or which otherwise has/have caused us to suffer a decrease in search engine rankings, incur any search engine penalties or suffer any other damages due to the existence of any links to our Website.
We may provide products and/or certain services through this Website under the terms of a separate agreement with You (each additional agreement is referred to as an “Other Agreement”). The terms and conditions governing your purchase and use of any product or service we provide through this Website are contained exclusively in such Other Agreements and this Agreement shall not be deemed or construed to alter the terms of any such Other Agreements.
Registration And Termination of Access
We may require at times that you register and/or create an account in order to access and use certain portions of this Website. Once you register and create your user account, it is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. You agree to provide truthful, accurate, current, and complete information and to update such information for the duration of your use of this Website. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account information, including your log-on information. You are expressly prohibited from sub-licensing, transferring, selling or assigning any rights of use and/or access of your account to any third party and you represent and warrant to us that You shall not allow the same.
You agree that You shall be the only user of the account and will not allow others to use or access restricted portions of this Website, if any, using your account information. You assume liability for and are solely responsible at all times for all use and all actions made under or through your account including, but not limited to, unauthorized use by any third parties. Any theft or other breach of the security of your account information must be promptly addressed by You once You become aware of the same and You agree to change your account information or cancel your account. We reserve the right to require You to change your password if we believe that your password is not secure. We may terminate, suspend, or modify your account and access to all or part of this Website, with or without notice, at any time and for any reason in our sole discretion. You may discontinue your registration and/or use and access to the Website at any time. If You breach any of the terms of this Agreement, all rights to access and use this Website or any portion thereof or any of the Materials shall be immediately terminated with or without notice to You. Additionally, if You breach any of these terms, You must immediately destroy any downloaded or printed Materials (and any copies thereof). When you register and create a user account on this Website, we may collect certain personally identifiable information about You including, but not limited to, your email address. How we use this information is controlled by our Privacy and Communications Policy contained on this Website. Any person using your account and log-in information is conclusively deemed to have actual authority to engage in any transactions on this Website and, accordingly, You agree and acknowledge that all transactions made by an person(s) using your account and log-in information are hereby authorized and approved by You, and You hereby agree to indemnify, defend and hold us harmless from any claims or damages arising from or relating to any such transactions.
Trademarks And Service Marks Notice
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law. Additionally, any use of any metatags or any other tags or text not openly visible on this Website which utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without the our prior written permission is strictly prohibited. You are restricted from “co-branding this Website with any third party website, product or business. This means You are restricted from copying any trademark, logo, service mark, trade name or any other Materials on this Website and displaying the same on any other website in any manner that would provide any viewer to reasonably conclude that such website is or could be affiliated with this Website and/or the Website operator and/or has permission to display the contents of this Website or any Materials.
Intellectual Property Disclaimer
Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.
User Content Policy
The following Policy contains important restrictions, notices and disclaimers that govern your uploading/posting of any and all materials on this Website including, but not limited to, posts and comments, images, graphics, photos, videos, audio recordings, text, ideas, all written materials and/or any other written or electronic materials (“Content”). In consideration for your access and use of the services offered by us through this Website, You agree to comply with the following terms and conditions at all times during your use of this Website.
User Representations And Warranties: You represent that You are the owner, authorized licensee or authorized user of all Content You agree that You will not post, upload, publish, link to or otherwise distribute any Content that:
- i) promotes, solicits, comprises or contains abusive, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, pornographic, profane, threatening, vulgar or otherwise inappropriate, objectionable or unlawful material or that is harmful to minors; or
- ii) encourages conduct that would violate any law or Content that violates any applicable statute, ordinance, regulation or rule; or
iii) contains personal information about any individual without that persons consent or otherwise violates the privacy of any other individual or entity or Content You are not authorized to disclose; or
- iv) misrepresents an affiliation with another person or organization or posting any Content that infringes any copyright, trademark, service mark, patent, trade secret or other intellectual property right of any third party; or
- v) contains viruses, corrupted files, worms, Trojan horses or any other similar malicious software or programs that may expropriate, intercept or interfere with any data, information, property or system of another person or that may damage interfere or adversely affect the operation of our Website or any computer or other device of any user of our Website; or
- vi) is materially false, misleading or inaccurate.
User Indemnification: You agree that You shall indemnify, defend, hold harmless and pay any judgment or settlement of, any claims or actions asserted by any third party against any of the operators of this Website, including any officer, member or manager, employee, agent or representative or any of our attorneys, as may be applicable, arising from or in connection with any Content You upload through your use of this Website or in any way related to this Agreement, regardless of the nature or type of any such claim. You agree to pay all expenses, court costs and attorneys’ fees incurred by us in connection with any of the foregoing claims or actions.
You are solely responsible for all Content including, if desired by you, the making and keeping of back-up copies of any or all Content. We shall not have any responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit or receive transmission of any Content or the security, privacy, storage or transmission of other communications involving your use of our Website.
Content Disclaimers We shall not be responsible for any of the Content and we do not warrant the accuracy of the Content. We assume no responsibility to investigate or verify the accuracy of the Content or that the Content does not violate any law or the rights of some third party or is otherwise injurious or causes some third party to suffer any damages. Under no circumstances shall we be liable for any damages occurring or arising from any Content posted or transmitted on this Website by You that is defamatory, libelous or slanderous, contains any omissions, falsehoods, obscenities, is pornographic or sexually explicit or profane or otherwise violates any law or right of some third party. We do not represent or endorse the accuracy or reliability of any Content. You acknowledge that any reliance by you upon any Content (whether yours or others) shall be at your sole risk. Any Content placed on our Website represents solely the views of the user posting/uploading the Content and does not represent our views. We shall not have any responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit or receive transmission of any Content or the security, privacy, storage or transmission of other communications involving your use of our Website.
DMCA and Trademark/Service Mark Policy We will, in appropriate circumstances as determined in our sole discretion, terminate your rights to submit, upload or post any Content if you infringe the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). We also have procedures in place for You to protest any notices of alleged infringement of any Content You have submitted, uploaded or posted to this Website. Please see our DMCA Policy on this Website for more details.
Irrevocable License to Use Content: Any Content you submit, upload or post on this Website by any means will be treated as non-confidential and non-proprietary and may be edited or restricted from being displayed on this Website, at our sole discretion. All Content may be used by us for any purpose and in any manner whatsoever including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting for commercial or non-commercial purposes. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any Content posted or transmitted to this Website for any purpose whatsoever and without any compensation to the provider of the Content. You hereby grant to us, our employees, agents, officers, directors, managers, members and/or contractors, an irrevocable, non-exclusive, royalty-free perpetual license to use the Content for any purpose whatsoever, commercial or otherwise, in any and all manner and media throughout the world. You hereby acknowledge and agree that: i) we shall have the right to edit, alter or arrange the Content in any way we desire, in our sole discretion; and ii) we shall not have any obligation to provide You with any credit as the creator or provider of such Content or provide You with any kind of compensation or consideration for such use and exploitation; and iii) You waive any “moral rights that you may have in any of the Content. You acknowledge and agree that we will be acting in reliance upon the grant of rights contained herein and may incur substantial expense in reliance upon the same should we elect use the Content in any way.
Limited Editorial Control: We may from time to time monitor or review any Content posted or transmitted to our Website to ensure compliance with this Policy. However, we are under no obligation to do so. We reserve the right, in our sole discretion, to terminate your account, remove any Content and/or remove your ability to upload any Content if we believe that You have violated any of the terms or conditions contained in this policy. We are a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230 (“CDA”). We intend to comply with the requirements of the CDA and shall exercise any editorial control over any of the Content in a limited fashion in order to carry out the terms of this policy and/or protect its interest or rights or those of any third parties. Our liability for defamation and other claims arising out of or in any way related to the Content shall be limited as described in the CDA. We shall not have any legal obligation to assume any editorial control over the Content.
External links Disclaimer
This Website may contain links to third party web sites not owned by us. Any external links are provided as a matter of convenience to You. This means that we do not endorse the content contained on any website linked to this Website or claim any affiliation or sponsorship with such third party website. By clicking on any external link, You understand you will be leaving this Website and will no longer be viewing any of the Materials. We have no control over the content contained in these other websites and have no obligation to review this content or information. If you decide to click on any of the links contained on this Website, You agree that You are doing so do entirely at your own risk. You agree that we are in no way responsible for the availability, reliability or performance of any websites linked to this Website. Additionally, we shall not be held responsible or liable, directly or indirectly, for any claim in connection with your use of such third party websites including, but not limited to, any computer viruses, data loss or any claims relating to any products or services sold on any third party websites.
USE AND ACCESS OF THIS WEBSITE AND OF ANY OF THE MATERIALS IS DONE AT YOUR SOLE RISK. THIS WEBSITE AND ALL MATERIALS ARE BEING PROVIDED “AS IS” AND “WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF THIS WEBSITE OR RELATING TO YOUR USE OF ANY OF THE MATERIALS IN ANY MANNER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, PERFORMANCE OR RELIABILITY OF THIS WEBSITE OR OF ANY MATERIALS OR THAT THIS WEBSITE OR ANY MATERIALS WILL MEET YOUR EXPECTATIONS OF USE OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED IN A TIMELY MANNER BY US. WE ARE UNDER NO OBLIGATION TO UPDATE ANY OF THE MATERIALS OR OTHER INFORMATION CONTAINED ON THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE OR ANY OF THE MATERIALS ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION OR THAT THIS WEBSITE OR ANY OF THE MATERIALS WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE, APPLICATION OR PROGRAM THAT MAY CONTAIN HARMFUL ELEMENTS.
LIMITATIONS ON LIABILITY
YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS WEBSITE IN ANY MANNER WHATSOEVER INCLUDING YOUR USE OR RELIANCE ON ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE OR CONTAINED ON ANY THIRD PARTY WEBSITE YOU ACCESS THROUGH THIS WEBSITE. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CASUE OF ANY DAMAGE YOU MAY INCUR, INCLUDING ANY DAMAGES NOT FORSEEABLE BY US AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR FOR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE $1542.
Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
Indemnification by You
You agree to indemnify and hold us harmless, including our directors, officers, shareholders, members, managers, employees, agents or attorneys, to the extent applicable, from any and all claims, liabilities, legal proceedings, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to: i) Your use of and interaction with this Website in any way whatsoever; or ii) any violation of the terms and conditions of this Agreement; or iii) violation of any law; or iv) violation of the rights of any third party for which any suit or legal proceeding is brought against us related to such violation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim and agree that we shall be entitled to exercise sole discretion over the control and manner of such defense.
Testimonials And Endorsements
Some individuals who provide any endorsements or testimonials appearing on this website may receive certain consideration by us, including coupons, free merchandise, cash or other gifts in exchange for the effort and time of providing an endorsement. However, we do not intend to, nor have we attempted to induce any type of positive review from any endorser that is not reflective of his or her true opinions and beliefs about the products or services being endorsed. We have only provided such consideration strictly in exchange for the endorsers’ time and efforts. Additionally, we require that anyone who provides a positive review about any of our products or services does so in good faith and based upon his/her honest experiences and beliefs. We do not independently verify, nor do we ask for proof of verification of any claims made by any of our endorsers.
Privacy And Communications Policy Consent
By using this Website, You consent to our use of any personal information provided by You through your use of this Website pursuant to the terms contained in our Privacy and Communications Policy. You also acknowledge that You have read and understand these terms before You submit any personal information on this Website for any reason.
We intend to comply with the requirements of the CAN-SPAM Act (15 U.S.C. $ 7701 et. seq.) at all times. We do not engage in sending any unsolicited SPAM or junk mail of any kind including sending out any email communications in bulk or by a single mailing to anyone. However, if You have registered to this Website or subscribed to receive any materials from us and provided your email, You may receive promotional emails regarding upcoming product offers, sales, contests, etc. We do not consider such communications to be unsolicited SPAM. You will always have an option to opt-out of receiving any such communications from us. Please see our Privacy and Communications Policy for more information on how we use any information we collect from You.
No person who accesses or uses this Website, including any registered users, may use any information collected from this Website to send any unsolicited email communications or email communications otherwise in violation of the CAN-SPAM Act. Such activities are strictly prohibited and a violation of these terms. We will immediately terminate the user account of any registered user (to the extent applicable) who has violated this provision. If You would like to opt-out from receiving any promotional emails from us, or if You would like to contact us for any other reason relating to this policy, including making any complaints regarding any emails sent to you or our email policy in general, please contact us at firstname.lastname@example.org. Please provide the reason why you are contacting us in the body of your email and a brief subject line description.
Contests And Promotions
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
- Entire Agreement
Except for the Privacy and Communications Policy or the terms of any Other Agreement, these terms supersede any and all prior and existing agreements, whether oral or in writing, between You and us with respect to your use and access of this Website and constitutes the entire agreement between the parties. This Agreement will be expressly incorporated by reference in each and every agreement between You and us regarding your use and access of this Website, including the terms of any Other Agreement.
YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard exclusively in Des Moines, Iowa. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and You shall be forever barred from asserting that claim (or those claims) in the future.
- Venue and Choice of Law
Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in either the United States District Court for the Southern District of Iowa or the Iowa District Court for Polk County, in each case located in the city of Des Moines and County of Polk, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Iowa, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You. Any non-enforcement of this agreement by us shall not be considered a waiver of our rights to enforce the terms hereunder.
- F. Termination of Website Services
We reserve the right at any time, in our absolute sole discretion, to modify or terminate, either temporarily or permanently, this Website, any of the Materials or any services or functions offered by or through this Website, with or without notice. You agree that we shall not be liable to You or to any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of this website.
- G. Headings/Construction
The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against You or us.
- H. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.
Terms Of Sale
BY CLICKING ON OR NEXT TO THE “ACCEPT,” “I AGREE” OR SIMILAR BUTTON OR CHECK BOX OR BY PURCHASING ANY PRODUCT SOLD ON WWW.CRACKINGCRYPTOCURRENCY.COM (“WEBSITE”) YOU (“YOU”) AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”), WHICH APPLY TO THIS SALE. YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING AGREEMENT BETWEEN YOU AND CRACKING CRYPTOCURRENCY, AN IOWA LIMITED LIABILITY COMPANY (“US” OR “WE”). YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT YOU UNDERSTAND THIS AGREEMENT.
Sale Authorization And Payment Terms
By providing your credit card, debit card, PayPal, bank account information or any other billing information through our check-out process and submitting payment, You hereby authorize us to deduct the total purchase price stated on our Website at the time of purchase for all goods You purchase, and all other stated shipping costs, taxes or other charges applicable to the sale from such method of payment. You agree that we shall be authorized to charge all such amounts immediately after You have clicked the submit button or otherwise have authorized the payment.
We are not responsible for pricing, typographical, or other errors in any price stated on our Website. We reserve the right to cancel any orders arising from such errors. We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any product description or information contained on this Website regarding such product. All pricing is in United States currency (USD) unless otherwise stated. All listed prices do not include shipping and handling charges unless otherwise indicated. You agree to pay all charges that may be incurred by you or on your behalf through this Website, at the actual price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. If a product’s actual price is lower than the price stated on this Website, we will charge the lower amount and ship the product to You. If a product’s correct price is higher than the price stated on this Website, we will notify You via email and we will cancel your order.
All sales are subject to product availability and we may revise and discontinue any product at any time without notice to You (which may affect any information saved in any saved searches or your shopping cart). We also reserve the right, with or without prior notice to You, to: i) limit the available quantity of or discontinue any product; ii) bar any Website user from making any or all transaction(s); iii) refuse to provide any Website user with any product we sell; and iv) limit quantities on orders placed by the same user (or account), the same credit card, or orders that use the same billing and/or shipping address.
If an item you’ve ordered is unavailable, your order will be placed on backorder and we will e-mail you the estimated arrival time. After receipt of our email, You can elect to wait for the item, or You may cancel your order by responding and requesting that the order be cancelled. We will not charge your credit card until the item is shipped.
Accuracy of Materials
We make every effort to describe and display our products accurately on this Website. However, a small number of the items may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout this Website or other delays beyond our control. ACCORDINGLY, WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THIS WEBSITE RELATING TO PRODUCT PRICES, EXACT PRODUCT COLORS, SHAPES OR SIZES AS DEPICTED ON THIS WEBSITE OR REGARDING PRODUCT AVAILABILITY. WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION AND TO CORRECT ERRORS, INACCURACIES OR OMISSIONS AT ANY TIME WITHOUT PRIOR NOTICE. Product dimensions including weight and/or other size measurements may not be exact and are provided for illustrative purposes only. Please review any important information or disclaimers specific to any given product we sell referenced in the product description. By accepting the terms of this Agreement, You acknowledge and agree that You have read any such specific product disclaimer or other important information relating to your purchase.
Title to Products And Risk of Loss
Risk of loss or damage and title to any products You purchase under these terms will not pass to You until delivery of the product to You and your acceptance. Acceptance will occur upon delivery to the “ship to” address You provide or, if special shipping arrangements are agreed to, upon delivery to your carrier or designee. If any damage has occurred to any of the products You receive or if there are any missing or lost items, please refer to our Returns Policy below. You agree that your failure to notify us within this time period stated in our Returns Policy shall result in a waiver by You of your right to notify us and seek correction of any lost or damaged products You purchase.
We will ship any items you purchase within days from the date ordered. All costs of Shipping, handling and any sales or value added tax required to be collected by us will be additional costs to You unless otherwise expressly indicated at the time of sale. All shipping times listed on this Website are only estimates of the expected number of business days it will take for in-stock merchandise to be shipped from our facilities and delivered to You (“Business days” means Monday-Friday, excluding holidays). In some cases, merchandise may actually ship earlier than expected. An initial confirmation email may be sent to You after successfully placing an order. However, any confirmation you receive from us does NOT mean your order request has been received or that your order has been accepted or shipped as this is an automated email confirmation. Once your order request has been successfully received and your item has been shipped, You will receive an email confirmation of the shipment.
Taxes And Other Charges
Unless otherwise indicated, You are responsible to pay any applicable sales (use) taxes or any other similar tax required to be paid by the state in which You reside or any custom duties or VAT taxes required to be paid by You due to your purchase of any product(s) from this Website. If we are required to collect any taxes at the point of sale, then all applicable taxes will be added to the purchase price and You agree to pay the same, unless You provide us with a valid and correct tax exemption certificate applicable to your purchase.
No exchanges or returns will be accepted by us unless any item you purchase is damaged, defective, incorrect or contains missing components due to our error. Otherwise all sales are final. Please also see our policy on risk of loss regarding any damaged items delivered to You.
You must notify us within 7 days of the delivery date if any items (or components or accessories of any items) You have purchased are missing, incorrect or are damaged. Upon notification by You, we will send you an email with return instructions and You must follow those instructions, or we reserve the right to refuse to accept any return shipment by You. Upon reciept of any notification by You, we will send You a postage pre-paid box for you to return any incorrect or damaged item(s). Upon our receipt and inspection of the same, we will then promptly send You any missing or replacement item(s) or component(s). You agree that our correction of the same shall be your sole remedy in the event You receive any missing, damaged or incorrect items from us.
No cancellations of any existing orders shall be permitted under any circumstances, unless otherwise stated in this Agreement.
Changes To Existing Orders
No modifications to any existing orders will be permitted other than additions to any existing order. In the case of any requests for product additions, such additions shall be subject to product availability and may not be able to be shipped within the same time-frame as your original order in some cases. Any product additions will be shipped within the time-frame stated on this Website applicable to all shipments, measured from the date You make any modification request.
We may provide products and/or certain services through this Website under the terms of a separate agreement with You, such as license agreements or support services agreements, etc. (each hereinafter referred to as an “Other Agreement”). The terms and conditions governing your purchase and use of specific products not related to this transaction are contained exclusively in such Other Agreements. This Agreement shall not be deemed or construed to alter the terms of any such Other Agreements.
You may only use any products You purchase from us for your own internal use and not for resale or sub-licensing. Any resale or licensing or other distribution by You of any product(s) You purchase from us is strictly prohibited. You are solely responsible for compliance with any laws applicable to your purchase and use of any products made available through this Website. You agree to comply with all applicable laws and regulations of the United States and the various states. We make no representations or warranties to You that use of any product You purchase will be legal in your jurisdiction. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.
Our Intellectual Property
All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. This includes any product names appearing on this Website whether marked or unmarked by us. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law.
Intellectual Property Disclaimer
Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.
ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. ALL PRODUCTS ARE PROVIDED BY US “AS IS” AND “WITH ALL FAULTS” AND YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH YOUR USE OF ANY PRODUCT(S) PURCHASED BY YOU. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF ANY PRODUCT(S) YOU PURCHASE THE SUBJECT OF THESE TERMS INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY WARRANTY PROVIDED BY ANY MANUFACTURER, DISTRIBUTOR OR SUPPLIER OF ANY PRODUCT NOT MADE BY US WILL BE INCLUDED WITH THE PRODUCT.
LIMITATION OF LIABILITY
YOU AGREE THAT WE OR ANY OF OUR OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS ITS SUCCESSOR’S AND/OR ASSIGNS, IF APPLICABLE, SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT OUR LIABILITY SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, CALIFORNIA CIVIL CODE SECTION 1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER APPLICABLE STATE LAWS.
Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to You. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as is allowed under any applicable laws.
By entering into this Agreement, you agree to our collection, use, and disclosure of your personal information in accordance with the Privacy and Communications Policy contained on this Website. This includes certain personal identifying information and billing/shipping information you provide during the registration and/or check-out process.
Information Security Policy
We use reasonable, industry standard security measures to protect your personally identifiable and billing information during transmission to this Website. For instance, when you provide any credit card or other billing or shipping information through our checkout process, we encrypt that information using secure sockets layer (SSL) encryption technology. We make no guarantee, warranty or representation that your name or email address, or any other Identity Information you provide through this Website, will remain secure at all times from any illegal or unauthorized access of the information by third parties. We shall not, under any circumstances, be held responsible or liable for information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery, and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.
- Authority. If You are accepting these terms on behalf of another person or a company or other legal entity, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms of sale and otherwise have authority to enter into this Agreement.
- Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
- Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be exclusively brought and heard in the Des Moines, Iowa. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requisite one (1) year period, You agree that any such claim (or claims) shall be waived and are hereby released by You and You shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period.
- Venue/Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in either the United States District Court for the Southern District of Iowa or the Iowa District Court for Polk County, in each case located in the city of Des Moines and County of Polk, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of the sale the subject of these terms. This Agreement shall be construed and enforced in accordance with the laws of the internal laws of the State of Iowa, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods or any other uniform International trade laws.
- Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
- Force Majeure. Except for your payment of the purchase price or fees, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party’s control.
- Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
- Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
- Survival. Any provisions in these Terms which by their nature extend beyond the termination or expiration of any sale will remain in effect until fulfilled and will apply to both parties respective successors and permitted assigns.
- No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.
This Privacy and Communications Policy (“Policy”) is effective as of 11-16-2017 .
This Policy sets forth how K&W STRATEGIES, LLC (CRACKING CRYPTOCURRENCY), an Iowa limited liability company (“we” or “us”), collects and uses the information you provide to us and certain other information that we automatically collect through your access and use of CrackingCryptocurrency.com (“Website”), or through any communications with us. YOU ACKNOWLEDGE AND AGREE THAT BY USING ANY PORTION OF THIS WEBSITE OR ANY SERVICES OFFERED ON THIS WEBSITE, SUCH USE SHALL INDICATE THAT YOU HAVE READ, UNDERSTAND AND THAT YOU AGREE TO OUR COLLECTION AND USE OF THE INFORMATION PROVIDED BY YOU OR AUTOMATICALLY COLLECTED BY US, AS SET FORTH IN THIS POLICY.
If you have any general questions or concerns about this Policy, you may contact us by sending an email with your questions, comments or concerns to Contact@CrackingCryptocurrency.com.
Changes to this Policy
If we decide at any time to change this Policy, we will revise the effective revision date posted at the top of this Policy. If we make significant changes to this Policy, We may also notify you by other means, such as by posting a notice somewhere prominently on our home page and/or notifying you the next time you access this Website via a pop-up window, etc. Failure to opt-out after receiving notice and following the opt-out instructions contained in the notice shall be deemed to be your assent to any such changes.
How We Collect Personal (Personally Identifiable) Information From You
There are a variety of ways in which you may submit certain personal information (personally identifiable information) on this Website. We collect the following specific items of personal information (collectively “Identity Information”) that you submit through your use of this Website: your first and last name, your physical address, your date of birth, your phone number, your social security number, your online contact information, photographs, videos, or audio files containing your image or voice and your email address.
We may ask our visitors for their email addresses and sometimes for their first and last names in order to provide any newsletters or other materials they have signed up to receive through this Website from time to time. When you provide this information to us, we collect and store this information and use it as specifically set forth in this Policy.
When you register to access and use the services or features offered through our Website, you will be asked to provide your Identity Information. We collect this information and use it as set forth in the remainder of this Policy.
You will also be asked to create and provide a user name and password each time you log-in to access any restricted or members-only portions of this Website and we collect and store this information on our database.
We collect and store your email address and all Identity Information that you provide during the check-out process when you purchase any products or services sold through this Website. We use this information as set forth in the remainder of this Policy. All credit card or other billing information you submit is only used for payment processing or fraud prevention and we do not share or disclose your credit card or other billing information with third parties except with our third party payment processor. Any specific credit card or billing information will not be kept on our server logs longer than necessary in order to complete any single transaction, unless you elect that we retain your credit card information for future purchases, or pursuant to any recurring fees required to be paid pursuant to any product(s) we sell.
User Comments and Content
When you leave any comments on our Website, we collect and store this information in our database along with your email address and author name. We use any Identity Information we collect from you as described in this Policy. Comments, by their nature, are immediately and publicly visible to all visitors to this website and they are not private. When you share information publicly, it may be indexable by search engines. Do not post information you consider to be private in nature.
Personal Information from Children Under 13
Children under the age of 13 are expressly prohibited from submitting or posting any Identity Information on this Website. We do not knowingly collect information from children under the age of 13 and do not intend that any materials contained on this Website are directed to or targeted towards children under the age of 13. If it does come to our attention that any child under the age of 13 has submitted any personal information to this Website, we will delete all such information that we have collected immediately. If you are a parent or guardian and you discover that your child under the age of 13 has submitted any of his or her Identity Information without your permission or consent, we will remove the information immediately upon your request. All requests should be made by email and sent to Support@CrackingCryptocurrency.com. Please include your child’s name and a description of the type of information you think he or she may have submitted to this Website.
When you access and use the services offered through our Website, we collect any screen name(s) you use and display on this Website. We may collect any lists of contacts that you create or upload on this Website when you use any of our services, including the personal identifying information you provide about your contacts. The manner in which we use, share or disclose this information is expressly stated in this Policy and is referred to as "Covered Information".
We collect certain information from your mobile device through any mobile application offered through this website you may download to such device, which may include physical device location information such as your phones zip code, demographic information such as age and gender, the unique device ID number and/or any application use data which is used by our business for internal analysis and research purposes. We use and share this information as set forth in this Policy.We also collect and store use information regarding your use of any application you download to your mobile device, such as how frequently you use the application, how much time you spend on the application, where you spend time on the application, etc. We do this for internal analysis and research in order to enhance the application or offer additional applications.
Surveys, Contests and Sweepstakes
When you participate in any surveys, contests, drawings or similar offerings, we will ask you to provide certain Identity Information including your name and/or email address or your age in order to complete these actions. We store this information and may use it to notify you regarding important information or the results of any contest, drawing or offering or about any future surveys, contests or similar offerings. This information will be identified prominently in these various offerings. When you choose to enter a sweepstakes, contest or other promotion, your Identity Information may also be disclosed to sponsors or other third parties who help us design, administer and implement the sweepstake, contest, promotion, etc. Some of your Identity Information also may be disclosed as required by law. Terms and conditions specific to each sweepstakes, contest or promotion will be listed on our Website.
When you provide any Identity Information through any form contained on this Website, including in order to contact us, we collect and store this information. We may use your email or any other Identity Information you provide as expressly set forth in this Policy.
How We Automatically Collect Non-Personal Information
When you access our Website, we collect and store certain non-personally identifying information sent automatically by your browser using standard web server logs and automatic data collection tools such as direct and third-party cookies and web beacons. This information includes your IP address, which may tell us your general location information such as your country and sometimes your city, state and/or zip code, the domain name from which you access our Website, your browser type and language, the pages you access, the date and time you access pages on our Website and your operating system version. We also may determine what technology is available through your browser in order to provide you with the most appropriate version of any of our web pages. For example, we may determine that you have installed a version of Flash, and we will then send you the appropriate Flash version of the web page rather than an HTML page. We may also use this information to redirect you to a different version of our Website if you are accessing our Website through a mobile or similar device.
We may collect device-specific information about your mobile and other devices such as the type of device you are using, any unique device identifiers, mobile network information including phone numbers, device model, manufacturer, screen resolution, device capabilities, service provider, preferred user language and your page views. We do this to help us determine which aspects of the website work best for mobile traffic and which mobile marketing campaigns work best for the business, including mobile advertising, mobile search marketing, text campaigns, and desktop promotion of mobile sites and services.
Our Use of “Cookies” and Other Data Collection Tools
Both session cookies, which do not stay on your browser after you exit this Website, and persistent cookies, which remain on your computer until you delete them or they expire, are used by us. We reserve the right to monitor your use of this Website through the use of any automatic data collection tools at all times and you consent to our use of these tools when you use and access our Website. You can elect to turn off all cookies and web beacons through your browser settings. However, if you elect to do so, there may be some features of our Website that will not be available to you and some of our Website pages may not display properly. The cookies shall only be used to obtain non-personal information to improve your online experience. No other information is stored in these cookies.
Our Use of Third-Party Cookies
We allow third parties advertisers, advertising services and ad agencies to collect certain Information (e.g., the pages you visit, and which links you click, which ads you see and click on, and the categories of search terms you enter, etc.) through cookies, web beacons, and other technologies. This is done in an effort to understand your interests and deliver you advertisements that are relevant to your interests. In addition, we may work with third parties to help us track the ads that are delivered to you and to analyze the effectiveness of advertising on our Website. The information practices of these third parties are not covered under this Policy.
We may place ads on third-party websites belonging to any of our cross-marketing partners, affiliates or advertising partners, etc. We collect and store information regarding which of these websites you visit by using cookies and similar detection tools that identify you uniquely. If you would like to opt out of targeted advertising from us that occurs when visiting our third party advertising partners, please email Contact@CrackingCryptocurrency.com. Please note that this will opt you out of targeted ads from us and any other participating advertising partners, affiliates, etc. If you opt out, you will continue to receive general advertising from us on our Website not targeted to you.
We may use third-party cookies and other tracking tools to track whether or not you have visited our website by clicking on any links contained on one or more of any Facebook fan pages/posts we operate. We collect and store this information for internal analysis only.
We may collect your actual location data when you access this Website or use any services we offer on this Website. This may include the GPS coordinates of your mobile device or other actual location information from other sources such as through a Bluetooth MAC address, RFID, Wi-Fi connection location, or through cell phone triangulation. Any actual location information we collect other then through detection of your IP addres is collectively referred to as “Location Information” throughout this policy. You may at any time disallow our application to use your location by turning this off at the device level.
Linking or Bundling Your Information
We also may combine or link certain Identity Information with certain Use Information or other information we collect about you. For example, we may link your email address with the length of time you spend on our website. (“Linked Information”). The manner in which we use and share Linked Information is set forth in this Policy.
How We Use and Share Your Personal Information
Promotional Use of Personal Information
We use your e-mail address to send periodic promotional e-mails to you about our services and products, any new or upcoming products or otherwise related to any products or services we sell, but only if you have elected to receive such email communications from us. You can opt-out of receiving any promotional emails or any newsletters/subscriptions at any time by following the opt-out procedure contained in the email, or by sending an email to Contact@CrackingCryptocurrency.com and requesting to opt-out of receiving such communications. Finally, we may send you text messages to any mobile number you provide to us for promotional or advertising purposes, in order to communicate certain necessary information to you or in order to facilitate some transaction with you though this Website. You can opt out of receiving text messages by texting the word “STOP” to any number that sends you text messages from us.
We use third party service providers to provide services and/or products to us necessary for hosting or operating this Website, and/or necessary for providing email services and similar services to our users. In the course of providing these services and/or products to us, such third parties may sometimes have limited access to information collected on this Website, including some of your Identity information. This limited access is incidental to the services being provided by such third parties and no permission or consent is granted by us for any third party provider to use or disclose this information in any manner whatsoever other than as necessary to provide the applicable service to us. We share our files and some Identity Information we collect through this Website directly with third party independent contractors that provide customer support and other administrative services on our behalf. We contract such third parties for the limited purpose of assisting us operate this Website and/or provide support or administrative services in conjunction with any products or services that we may offer through this Website from time to time. This limited access is incidental to the services being provided by such third party contractors and no permission or consent is granted by us to use or disclose this information in any manner whatsoever, other than as necessary to provide the applicable services to us. We require that our independent contractors commit to uphold the privacy of any Identity Information or other information regarding our Website visitors or customers that we may share with them. We require that each of our contractors agree not to use or disclose any Identity Information or any other information relating to the services we provide, which may be disclosed to or shared with these parties during the course of their duties to us, except as absolutely necessary to perform their duties to us.
Billing and Shipping Agents
When you purchase anything from this Website, we also share the Identity Information you provide, your credit/debit card or bank account information you provide and any shipping information with third party credit card and payment processors such as PayPal, authorize.net, Google, etc. (which may include fraud screening and/or automated data processors) and with shipping agents such as UPS or Fed Ex. Any disclosure of this information is necessary to facilitate the specific transaction and will only be used by us for that strict purpose, unless otherwise stated in this Policy. This limited access is incidental to the services being provided by such third parties and no permission or consent is granted by us to use or disclose this information in any manner other than as necessary to provide the applicable services to us and facilitate any transactions with you.
Marketing & Business Consultants
We may share Linked Information, Demographic Information in association with certain Identity Information, past purchase or order history information, such as the products you have purchased, in association with Identity Information, Location Information in association with Identity Information or certain Identity Information by itself that we collect through your use of this Website with our marketing and/or business consultants (or partners) and any other similar such parties. We do this strictly in order to improve upon any aspect of our marketing strategies, sales practices or upon some other business practice. We may also share this information with third-party website and SEO consultants in order to help improve the functionality or accessibility of this Website, search engine visibility or to help us increase our web traffic. This limited access is incidental to the services being provided by such third parties and no permission or consent is granted by us to use or disclose this information in any manner other than as necessary to provide the applicable services or responsibilities to us. In such instances, we require that all such third party consultants or partners are committed to securing your Identity Information or any other information that we may share or disclose to them. We require that all such third parties agree: (i) to protect the privacy of all Identity Information or other personal information shared with such parties; and (ii) not to use or disclose our website visitors Identity Information or any other personal information for any purpose other than as absolutely necessary in order to provide us with the services the subject of our relationship with them.
Affiliates And Resellers
We may disclose to our affiliates and authorized resellers some of your Identity Information, such as your name and/or email address, along with certain Use Information, including a history of which products/services you purchase from us, in order to promote any future or related products or product promotions. These affiliates and/or resellers may use your email address to notify you about products and services offered by us. No permission or consent is granted by us to any of our affiliates or resellers to use or disclose this information in any manner other than as set forth herein. In such instances, we require that all of our affiliates and resellers are committed to securing your Identity Information or any other information we may share with them. We require that our affiliates and resellers agree: (i) to protect the privacy of all Identity Information or other personal information of our website visitors that we share with them; and (ii) not to use or disclose our website visitor’s Identity Information or any other personal information for any purpose other than to send our website visitors emails promoting any of our products or services.
We reserve the right to provide your Identity Information and any other information we collect and store as described in this Policy to any of our subsidiaries or affiliated business entities. Affiliated entities are entities affiliated with us and that we legally control. Any such separate entity or subsidiary shall comply with this Policy at all times and your Identify Information will be used and protected in a manner consistent with this Policy.
Cross-Marketing Advertising Partners & Ad Networks
From time to time, we may decide to share Linked Information, past purchase or order history in association with certain Identity Information, Location Information (such as your city, state and/or zip code) in association with certain Identity Information or certain Identity Information by itself that we collect through your use of this Website with other businesses or organizations whose website content, products or services we think may appeal to our users. These third parties may include certain cross-marketing partners or advertising partners or may include ad networks and such third parties may send promotional emails to you from time to time about their products or services or display targeted ads when you visit our Website. If you do not want us to share and disclose any of this information to such third parties, you can send an email request to Contact@CrackingCryptocurrency.com with the words “Information Opt-out” in the subject line and specifically request to opt-out of our sharing of this information to these third parties. Please provide us with your exact name and email address when opting-out. Once we receive your request, we will immediately cease sharing your information in the manner stated above. No permission or consent is granted by us to any of these third parties to use or disclose this information in any manner other than as set forth herein. In such instances, we require that all of these third parties agree not to use or disclose your email address for any purpose other than to send emails promoting any of their related products or services.
We share any Demographic Information, device location information, mobile application use information and/or unique phone identifiers we collect from mobile devices through mobile applications we offer through this Website to various ad networks. Sometimes, we may share location data and/or application use data linked to visitors through their unique device ID numbers that we have collected through your use of any mobile applications we offer through this Website with ad networks. When we collect contacts lists from visitors mobile devices through mobile applications, this information may be shared by us with ad networks, including any names, numbers or email addresses of contained in such contacts lists.
Do We Sell Your Identity Information?
We make every effort to respect your privacy and we will never sell, license or disclose any of your Identity Information, by itself or bundled with any website use or other information you provide or that we collect to any third parties for any purpose not expressly set forth in this Policy, without your express written consent. We only share or disclose any Identity Information or other information collected from You as expressly set forth in this Policy.
We may disclose certain Identity information if: i) requested via a subpoena, court order, or local, state, federal or international law enforcement request to release any such information; or ii) in order to investigate and help prevent security threats, fraud or other malicious activity; or iii) to protect our rights or protect our property, or any or the rights of our customers or other third parties.
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you send us an email communication, call us or send a written correspondence for any reason, we may create a file and store your email and other Identity Information specific to you. We generally will maintain a record and keep notes of all communications with you. All messages transmitted by you on this Website or to us shall not be treated as confidential and shall be deemed to be accessible to the general public. You should not transmit any communications or correspondences to us that you intend only the intended recipient(s) read. Notice is hereby given that all messages or electronic data transmitted onto this Website can and may be read by us, regardless of whether we are the intended recipient of any such message(s).
External Links Disclaimer
Third-Party Advertisements Disclaimer
We do require that all such third parties are committed to securing your Identity Information or any other personal information that our website visitors may share with them. We require that these third party sellers agree: (i) to protect the privacy of all Identity Information or other personal information you share with them; and (ii) not to use or disclose your Identity Information or any other personal information for any purpose other than as necessary in order to provide you with any products or services you decide to purchase from those third parties. Notwithstanding, You agree that we shall not, under any circumstances, have any liability to you for any damages of any kind whatsoever for the manner in which any such third parties use or disclose any personal, billing or other information you provide voluntarily, or that is collected by those websites, through your access or use of this Website.
Social Media Features and Widgets
How We Protect Your Information
We use reasonable, industry standard security measures in place protecting all Information you provide through this Website. For instance, when you provide any credit card or other billing or shipping information through our checkout process, we encrypt that information during transmission using either Secure Sockets Layer (SSL) or Transport Layer Security (TSL) encryption. We also use reasonable and customary security measures in order to protect against the loss, misuse or alteration of any Identity Information or any other information we collect and store. This includes protecting your information by using A multi-layered firewall based security system. We make no guarantee, warranty or representation that any information you provide through your use of this Website will remain secure at all times from any illegal or unauthorized access of the information by third parties. You agree that we shall not, under any circumstances, be held responsible or liable to you for any damages of any kind whatsoever related to any information or transmissions that are accessed by third parties illegally or without authorization through this Website and/or network. We will report any unauthorized access of your information promptly upon discovery and we will use our best efforts to remedy any security vulnerability that contributed to the unauthorized access.
Information Storage And International Transfer
Any Identity information and all other information which we collect on this Website will be stored and processed in our servers located in the United States. If you reside outside the United States, you consent to the collection, transfer, storage and processing of any information from your country to the United States.
How to Update, Change or View Your Personally Identifiable Information
If you would like to request any changes or updates to any Identity Information you have provided to us, or if you would like to view any information we have collected from your use of this Website, please contact us and request the same by sending an email to: Contact@CrackingCryptocurrency.com. Please include the words “Personal Information Request.” If you make any information requests, we will require that you provide proof of your identity, which may include providing us with a copy of a driver’s license, social security card and/or birth certificate. We also reserve the right to require that you sign and provide us with a notarized affidavit verifying your identity before we update or release any information to you.
California Resident Privacy Rights
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of their personal information to third parties for their direct marketing purposes. California law also allows California residents to opt-out of having this information disclosed. If You are a California resident and desire to make such a request, please contact Contact@CrackingCryptocurrency.com. Please include the words “California Privacy Disclosure Request” in the subject line.
Upon any acquisition, merger, sale or other change of control of our business/organization, we reserve the right to transfer any Identity information you have submitted to this Website as part of the property owned by us to our successor resulting from such merger, acquisition, sale, etc. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, We reserve the right to transfer your Identity Information to protect any of the our rights or as required by law.