You have thirty (30) days from the date of purchase to request a refund. If
received on or before the 30th day, you will receive a full refund. If the
request is received on or after the 31st day of purchase, no refund will be
issued.
You may reach out to our support team at support@1800bitcoin.com within
30 days of your purchase or the most recent payment to submit a written
email request for a refund.
When contacting our support team please provide the following information:
Contact us from your the email used at purchase.
The last 4 digits of the card that is on file.
The date of the payment.
The dollar amount of the payment.
Once received, we will process the refund within one week and your funds
should appear within 2 weeks of the return being processed.
PHYSICAL PRODUCTS
In addition, if you have purchased a “physical good” (for example, a book or
other tangible product) from 1-800-Bitcoin or any related brands, you may
receive a limited refund if you comply with the following conditions (unless
otherwise specified):
Contact our support team within the stated refund period;
You must return the physical goods to 1-800-Bitcoin immediately,
according to the shipping and other instructions you will receive by email
after requesting a refund;
The physical goods must be returned to 1-800-Bitcoin in like-new, or re-
sellable condition, as determined in 1-800-Bitcoin’s sole, reasonable
discretion.
For international customers returning physical goods from outside the United
States, you are responsible for all shipping costs and other costs incurred for
returning your item (unless otherwise specified). Original shipping costs are
non-refundable and your refund will be on the product cost only. The time it
will take for your returned item to arrive to us and be processed will vary
depending on the shipping method you select. If you are shipping an item
over $75, we recommend adding tracking and insurance to the shipment. We
cannot guarantee that we will receive your returned item. Additionally,
shipping charges do not include any potential tariffs, duties, custom or other
fees or taxes that an individual country may impose upon import. You are
responsible for any additional fees that may be levied by the country where
the product is being imported.
INTRODUCTION
Welcome to www.1800bitcoin.com (the “Website”). The Website is owned
and operated by 1800Bitcoin LLC (“Company”, “we”, “us”, “our”), a
subsidiary of Immutable Holdings Inc. The Website and any application,
content, materials, tools, features and functionality offered on or through our
Website (collectively referred to as the “Services”), are subject to the terms
and conditions described in this Terms of Use (“Terms”) and any other
guidelines, rules or licenses posted in connection with the Services.
These Terms govern your access to and use of the Services. Please read
these Terms carefully, as they include important information about your
legal rights. By accessing and/or using the Services, you are agreeing to
these Terms, whether you are: (i) a “Visitor” (you simply browse the Website,
including, without limitation, through a mobile or other wireless device, or
otherwise use the Website without being a paid registered subscriber), or (ii)
a “Subscriber” (meaning that you have registered for Services and have a
User ID and User Password (defined below), and have enrolled in and paid for
access to Services. The term “User” refers to a Visitor or a Subscriber. If you
do not understand or agree to these Terms, please do not use the Services.
We will notify you of any material changes to the terms and conditions of
these Terms or to any service or other feature of the Services. Any change or
modification to these Terms will be effective immediately upon posting to the
Website.
WEBSITE USE
You must be thirteen (13) years of age or older and reside in the United
States, Canada, or any of
their respective territories to use the Services. If you access the Website
from outside the United
States or Canada, we make no assurances that you will be able to use the
Services as intended and your use of the Services is at your own risk. Minors
under the age of majority in their jurisdiction but that are at least thirteen
(13) years of age are only permitted to use the Services if the minor’s parent
or guardian accepts these Terms on the minor’s behalf prior to use of the
Services. Children under the age of thirteen (13) are not permitted to use the
Services. By using the Services, you represent and warrant that you meet
these requirements.
USER COMMUNICATIONS
You expressly indicate your consent to receive electronically all
communications, agreements, documents, notices and disclosures
(collectively, “Notices”) that we provide in connection with your User
Account and your use of the Services. Notices may include, without
limitation, email, in-app messages and in-website chat communications. In
addition, Notices may be emails with promotional, marketing, and
advertising information and recommendations that we believe may be of
interest to you. If you do not wish to receive commercial emails, you may
unsubscribe following the instructions on any email. By providing your phone
number, you expressly consent to receive phone calls, faxes, and text
messages relating to the Services. If you do not wish to receive phone calls,
faxes, or text messages, you may opt-out by saying or replying “STOP” or
unsubscribing.
USER ACCOUNTS AND USER REGISTRATION
While any Visitor can view the Website, in order to use the Website and take
part in the Services, you must select a login identification (“User ID”) and a
user password (“User Password”) that is unique and entirely different from
your User ID (collectively, a “User Account”). You agree that you will never
divulge or share access or access information to your User Account with any
third party for any reason.
In setting up your User Account, you may be prompted to enter additional
information, including but not limited to your name and email address.
Additional information may be needed to confirm your identity. You
understand and agree that all information provided by you is accurate,
current and complete and that you will maintain and update your information
to keep it accurate, current and complete. You acknowledge that if any
information provided by you is untrue, inaccurate, not current or incomplete,
we reserve the right to terminate your use of the Services, to the extent
applicable.
In addition to the registration process, as part of your use of the Services, we
may obtain certain information about you. Some of this information may be
personally identifiable information. We may use, maintain, and store this
information to provide certain services to you now and in the future and may
share such information with third parties in conjunction with such services.
Our Privacy Policy further explains how we treat information collected and
received from you when you use the Services. Our Privacy Policy is hereby
incorporated into these Terms by reference. Please read this policy carefully
for disclosures relating to the collection, use, and disclosure of your personal
information. By accepting these Terms you are accepting our Privacy Policy.
USER CONDUCT POLICY
As a condition of accessing the Website and/or using the Services, you agree
not to (a) reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes any portion of the Services other than as expressly
allowed under these Terms; (b) use the Company’s name, trademarks,
service marks, or other materials in connection with, or to transmit, any
unsolicited communications or emails; (c) use any high volume, automated,
or electronic means to access the Website (including without limitation
robots, spiders or scripts); (d) frame the Website, place pop-up windows over
its pages, or otherwise affect the display of its pages; (e) falsely state,
impersonate, or otherwise misrepresent your identity, including but not
limited to the use of a pseudonym or misrepresenting your affiliations with a
person or entity, past or present; (f) force headers or otherwise manipulate
identifiers in order to disguise the origin of any communication transmitted
through the Services; or (g) interfere with or disrupt the Services or servers
or networks connected to the Services, or disobey any procedures, policies
or regulations of networks connected to the Services.
In addition, you may not post, upload, or transmit to or otherwise make
available through the Website any content, communications, or other
information (collectively, “Unauthorized Content”): that is obscene,
fraudulent, indecent, or libelous or that defames, abuses, harasses,
discriminates against or threatens others; that is trade libelous, unlawfully
threatening, unlawfully harassing, impersonate or intimidate any person
(including our staff or other Users), or falsely state or otherwise misrepresent
your affiliation with any person, through for example, the use of similar email
address, nicknames, or creation of false account(s) or any other method or
device; that interferes with a User’s business or services; that takes any
action that may undermine online reviews or feedback; that contains any
viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling
devices or other harmful components intended to or that may damage,
detrimentally interfere with, surreptitiously intercept, or expropriate any
system, data, or personal information; that you do not have the right to
disclose or make available under any law or under contractual or fiduciary
relationships (such as insider information, or proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements); that consists of any high volume,
automated, or electronic means to access the Website (including without
limitation robots, spiders or scripts); that infringes the copyright, patent,
trademark, trade secret, right of publicity, or other intellectual property or
proprietary right of any third party; that violates the rights of other Users of
the Website; or that violates any applicable local, state, national or
international law or otherwise advocates or encourages any illegal activity.
INTELLECTUAL PROPERTY RIGHTS
The Services are owned and operated by the Company and its licensors. The
Company reserves the right at any time and from time to time to modify,
discontinue, temporarily or permanently, the Services or any part or portion
thereof, with or without notice to you. You agree that the Company shall not
be liable to you or to any third party for any modifications, suspensions or
discontinuance of the Services, or any portion thereof. Nothing in these
Terms shall be construed to obligate the Company to maintain and support
the Services or any part or portion thereof, during the term of these Terms.
All content or other material available on the Website or through the
Services, including but not limited to on-line lectures, speeches, video
lessons, presentation materials, assignments, programs, code, and other
images, text, layouts, arrangements, displays, illustrations, documents,
materials, audio and video clips, HTML and files (collectively, the “Content”),
are the property of the Company and/or its affiliates or licensors and are
protected by copyright, patent and/or other proprietary intellectual property
rights under United States and international law.
The Company logos, trademarks and service marks which may appear on the
Website (“Marks”), are the property of the Company and are protected under
United States and international law. All other trademarks, service marks and
logos used on the Services, with or without attribution, are the trademarks,
service marks or logos of their respective owners. In addition, elements of
the Website are protected by trade dress and other federal and state
intellectual property laws and may not be copied, reproduced, downloaded
or distributed in any way in whole or in part without the express written
consent of the Company.
Except as otherwise expressly permitted in these Terms, you may not copy,
sell, resell, display, reproduce, publish, modify, create derivative works from,
transfer, distribute or otherwise commercially exploit in any manner the
Services or any Content. You may not reverse-engineer, decompile,
disassemble or otherwise access the source code for any software that may
be used to operate the Services. From time to time, the Company may use
software, code, instructions, or other such information in the Content or
materials for the Services; any such information is provided on an “as-is”
basis for instructional purposes only and is subject to the Disclaimer of
Warranties and Limitation of Liabilities sections below and other terms
herein. Any use of such information for commercial purposes is strictly
prohibited. The Company and/or its affiliates and licensors reserve all rights
not expressly granted herein to the Services, Content, and Marks.
LICENSE TO USE THE WEBSITE AND SERVICES
Subject to your compliance with these Terms, the Company hereby grants
you a freely revocable, worldwide, non-exclusive, non- transferable, non-
sublicensable limited right and license (a) to access, internally use and
display the Services, including the Content, at your location solely as
necessary to participate in the Services as permitted hereunder, and (b) to
download and utilize the Content for your personal internal use only. You
must abide by all copyright notices or restrictions contained on the Website
or the Content. You may not delete any attributions, legal or proprietary
notices on the Website or the Content.
USER CONTENT
The Website and Services may provide you with the ability to upload forum
posts, chat with other Users, contribute to User discussions and other
content and media for social interaction, prepare written, photographic,
and/or video testimonials and/or comments, or create certain information
and materials for use with the Website or Services, e.g., questions,
hypotheticals, examples, etc. (collectively, “User Content”). Subject to the
license granted to the Company below, User will be the sole and exclusive
owner of any and all rights, title and interest in and to the User Content. You
hereby assign to the Company, your entire right, title and interest (including,
without limitation, all patent rights, design rights, copyrights and trade
secrets) in any feedback, test results, or modifications or improvements to
the Company’s Content or Services which you may propose or make or which
User and the Company may jointly make. To the extent such rights cannot
be assigned, you hereby waive such rights to the Company, its affiliates, and
its customers and business partners.
With respect to any User Content, including without limitation any
testimonials relating to the Company, the Website, or Services, you hereby
grant the Company an irrevocable, worldwide, perpetual, royalty-free,
sublicensable, and non-exclusive license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such User Content on
the Website, in the Services, and through any medium now existing or later
devised, or to otherwise exploit the User Content, with the right to sublicense
such rights (to multiple tiers), for any purpose, including without limitation
for any commercial, advertising, and/or publicity purpose(s). You further
agree that the Company may publish or otherwise disclose your personal
information in connection with the exercise of the license granted under this
section. You agree to waive, and waive, any claims arising from or relating to
the exercise by the Company of the rights granted under this section,
including without limitation any claims relating to your rights of personal
privacy and publicity. You will not be compensated for any exercise of the
license granted under this section. The Company is and shall be under no
obligation (1) to maintain any User Content in confidence; (2) to pay
compensation for any User Content; or (3) to respond to any User Content.
The Company reserves the right to remove any User Content at any time and
for any reason. To the extent that you provide any User Content, you
represent and warrant that (a) you have all necessary rights, licenses and/or
clearances to provide such User Content and permit the Company to use
such User Content as provided above, (b) such User Content is accurate and
reasonably complete, (c) as between you and the Company, you shall be
responsible for the payment of any third party fees related to the provision
and use of such User Content, and (d) such User Content does not and will
not infringe or misappropriate any third party rights or constitute a
fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with
all applicable local rules including but not limited to rules regarding online
conduct and acceptable content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from
the United States or the country in which you reside.
USE OF COMMUNICATION TOOLS AND RELATED SERVICES
The Services may provide you with the ability to post messages to User
forums or User review pages, enter chat rooms or send similar messages and
communications to third party service providers, other Users and/or the
Company. You agree to use communication tools available on the Services
only to send communications and materials related to the subject matter for
which the Company provided the communication method, and you further
agree that all such communications by you shall be subject to and governed
by these Terms.
By using any of the communications tools available on the Services, you
acknowledge and agree that (a) all communications tools constitute public,
and not private, means of communication between you and the other party
or parties, (b) communications sent to or received from third party service
providers or other third parties are not endorsed, sponsored or approved by
the Company in any manner (unless expressly stated otherwise by the
Company) and (c) communications are not pre-reviewed, post- reviewed,
screened, archived or otherwise monitored by the Company in any manner,
though the Company reserves the right to do so at any time at its sole
discretion in accordance with these Terms. Additionally, through such
communication tools, the Company may make certain types of services
available to you.
You acknowledge and agree that such services (e.g., chat room services)
may be monitored or recorded for quality control purposes and that the
information or material provided as part of the services is considered
“Content” under these Terms and is provided for educational purposes only.
SERVICES AVAILABILITY
You acknowledge and agree that the Company’s Services, including paid
services and products, may not be available at all times, and that certain
usage limits may apply (for instance, for Website maintenance). You also
understand that the Company, at its sole discretion, may limit, suspend, or
terminate your use of all the Company-provided Services related to the
Company's Services and may modify or discontinue all Services related to its
programs at its sole discretion.
WARRANTIES
You expressly acknowledge and agree that your use of the Website, the
Services and all Content and Services available on the Website is at your sole
risk and responsibility. THE SERVICES (INCLUDING ANY CONTENT), WEBSITE,
AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS,
IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY
OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET
ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING,
COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE
WEBSITE, CONTENT, OR THE SERVICES WILL MEET YOUR MENTS OR
EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITE OR
THE SERVICES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION
OR CONTENT OBTAINED THROUGH THE WEBSITE OR THE SERVICES, SUCH
AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT,
ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN
OR ON THE WEBSITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL
RISK OF INJURY, INCLUDING DAMAGE TO PERSONAL PROPERTY OR LOST
DATA, SUSTAINED FROM USE OF THE SERVICES AND CONTENT.
LIMITATION OF LIABILITY AND CONSEQUENTIAL DAMAGES WAIVER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF
THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR
OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND
SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER THIS AGREEMENT OR
OTHERWISE HOWSOEVER ARISING SHALL BE LIMITED TO THE GREATER OF
(I) THE MONEY PAID TO THE COMPANY FOR SERVICS UNDER THIS
AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR
CIRCUMSTANCES FIRST GIVING RISE TO SUCH LIABILITY OR (II) TEN DOLLARS
($10) THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT
(I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS
LIMIT).
IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND
EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES,
AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS,
DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED
DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF
USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM
WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE
POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS
OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
BINDING ARBITRATION AND NO CLASS ACTIONS
The parties agree that any dispute arising out of or relating to these Terms,
the Website, and/or the Services shall be resolved through binding
arbitration. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA"), as modified by this Agreement, available at the AAA website
www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration may
be conducted in person, through document submission, through telephone,
or online. The arbitrator will issue a decision in writing, but need only provide
a statement of reasons if requested by a party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails to do
so. The parties may not consolidate or join more than one person’s or party’s
claims and may not otherwise preside over any form of a consolidated,
representative, or class proceeding. In addition, such dispute resolution
decider may award relief (including monetary, injunctive, and declaratory
relief) only in favor of the individual party seeking relief and only to the
extent necessary to provide relief necessitated by that party's individual
claim(s). Any relief awarded cannot affect other Users.
Any arbitration shall be limited to each claim individually. You and the
Company agree that each may only bring claims against the other in your or
the Company’s individual capacity and not as a plaintiff or class member in
any purported class or representative proceeding. You acknowledge that
without this provision, you would have the right to sue in court with a jury
trial or to participate in a class action.
This agreement to arbitrate will not preclude you or the Company from
seeking provisional remedies in aid of arbitration, including without limitation
orders to stay a court action, compel arbitration, or confirm an arbitral
award, from a Court of Competent Jurisdiction. Furthermore, this agreement
to arbitrate will not preclude you or the Company from applying to a Court of
Competent Jurisdiction for a temporary restraining order, preliminary
injunction, or other interim or conservatory relief, as necessary, including to
protect intellectual and proprietary rights. "Court of Competent Jurisdiction"
means any federal or state court: (1) that has jurisdiction over the subject
matter; and (2) that is located in the state of New York. The proper venue for
any judicial action arising out of, relating to, or in connection with this
Agreement will be the state and federal courts located in or nearest to New
York, New York. The parties stipulate to, and agree to waive any objection to,
the personal jurisdiction and venue of such courts.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its
subsidiaries and affiliates, and each of their officers, directors, agents,
employees, and assignees from any and all claims, liabilities, expenses and
damages, including reasonable attorneys’ fees and costs, made by any third
party relating to or arising out of (a) your use or attempted use of the
Website or Services in violation of these Terms, (b) your use or attempted
use of any code, program, data, information or any other Content provided
on the Website or through the Services in a manner inconsistent with these
Terms, (c) your use or your violation of any law or rights of any third party, or
(d) your information you post or otherwise make available on the Website or
through the Services, including without limitation your User Content and any
claim of infringement of intellectual property or other proprietary rights.
TERMINATION OF RIGHTS
You agree that the Company, in its sole discretion, may deactivate your
account or otherwise terminate your use of the Website or Services for any
reason or no reason, including, without limitation, if the Company believes
that you have (a) breached these Terms; (b) infringed the intellectual
property rights of a third party; (c) posted, uploaded or transmitted
Unauthorized Content to the Website; or (d) violated or acted inconsistently
with the letter or spirit of these Terms. You agree that any deactivation or
termination of your access to the Website or Services may be effected
without prior notice to you and that the Company shall not be liable to you
nor any third party for any termination of your account or the Services. You
also acknowledge that the Company may retain and store your information
on the Company’s systems notwithstanding any termination of your account
or the Services.
DISPUTE PROCEDURE AND CLAIMS OF COPYRIGHT INFRINGEMENT[ Annotation][ Annotation]
If you believe that your product or other work has been misrepresented or
used in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide the Company’s
Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf
of the owner of the product, copyright or other intellectual property interest;
- a description of the product, work or other intellectual property that you
claim has been misrepresented or infringed;
- a description of where the material that you claim is misrepresenting or
infringing your product, work or other intellectual property is located on the
Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use
is not authorized by the owner of the product, work, copyright or intellectual
property, or its agent, or applicable law; and a statement by you, made
under penalty of perjury, that the above information in your notice is
accurate and that you are the product, work, copyright or intellectual
property owner or authorized to act on such owner’s behalf.
- The Company’s Copyright Agent for notices of disputes or claims of
copyright or other intellectual property infringement can be reached as
follows:
- Copyright Agent: 1800Bitcoin LLC. Email: support@1800bitcoin.com.
GOVERNING LAW
These Terms shall be governed by, construed and enforced in accordance
with the laws of the state of New York of the United States of America, as it is
applied to agreements entered into and to be performed entirely within the
United States and without giving effect to any principles of conflict of laws.
The Company makes no representations that the Website operates (or are
legally permitted to operate) in all geographic areas, or that the Website, or
information, services or products offered through the Website are
appropriate or available for use in other locations. Accessing the Website
from territories where the Website, or any content or functionality of the
Website or portions thereof, including but not limited to functionality
discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose
to access the Website, you agree and acknowledge that you do so on your
own initiative and at your own risk and that you are solely responsible for
compliance with all applicable laws.
In the event that one or more terms of these Terms becomes or is declared
to be illegal or otherwise unenforceable by any court or arbitrator with
competent jurisdiction, each such term shall be null and void and shall be
deemed deleted from these Terms. All remaining terms of these Terms shall
remain in full force and effect. The Company shall have no liability under
these Terms to the extent arising from any failure of the Company to[ Annotation]
perform any of its obligations under these Terms due to any fire, flood,
earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures,
governmental act or court order, national emergency, strikes or labor
disputes or any other event beyond the Company’s reasonable control.
The Company shall not be responsible for damage or other problems caused
by any unauthorized change to these Terms made by way of hacking or
cracking this page.
ENFORCEMENT; NON-WAIVER; NON-ASSIGNMENT
If any part of these Terms is held to be invalid or unenforceable, that part will
no longer apply to the parties and will be replaced by an enforceable
provision that most closely reflects the original intent of the parties, but all
other parts of these Terms will remain in effect unless otherwise provided
herein. Our failure to insist upon or enforce your strict compliance with these
Terms will not constitute a waiver of any of our rights.
The Company may freely transfer or assign any portion of its rights or
delegate its obligations under these Terms. You shall not transfer or assign,
by operation of law or otherwise, any portion of your rights or delegate your
obligations under these Terms without the prior written consent of The
Company.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and the Company
relating to the matters set forth herein, and shall not be modified except in
writing, as posted on the Website by the Company or through a specific
writing between you and the Company.
NOTICES
To contact us regarding these Terms, you may (1) send an email to
support@1800bitcoin.com ; or (2) send a letter to: 1800Bitcoin, LLC, Attn:
Legal Dept., 151 Calle de San Francisco, STE 200 PMB 0024, San Juan, PR
00901. Your communications with us will not constitute legal notice where
required by these Terms or by law.
This Privacy Policy for 1800Bitcoin LLC (“Company”, “we”, “us”, “our”), a
subsidiary of Immutable Holdings Inc., describes how we collect, use and
disclose information about users of the website (www.1800bitcoin.com),
together with application, content, materials, tools, features and functionality
offered on or through our website (collectively, the “Website”). For the
purposes of this Privacy Policy, “you” and “your” means you as the user of
the Website.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING OR ACCESSING
THE WEBSITE, YOU AGREE TO THE USE OF YOUR INFORMATION IT
DESCRIBES AND TO THE OTHER TERMS OF THIS PRIVACY POLICY. IF YOU DO
NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE THE
WEBSITE.
1. UPDATING THIS PRIVACY POLICY
We may modify this Privacy Policy from time to time in which case we will
update the “Last Revised” date at the top of this Privacy Policy. If we make
changes that are material, we will use reasonable efforts to attempt to
provide notice to you and, where required by applicable law or otherwise in
our discretion, we will obtain your consent. Notice may be by email to you at
the last email address you provided us, by posting notice of such changes on
the Website, or by other means, consistent with applicable law. However, it
is your sole responsibility to review the Privacy Policy from time to time to
view any such changes. The updated Privacy Policy will be effective as of the
time of posting, or such later date as may be specified in the updated
Privacy Policy. IF YOU DO NOT AGREE TO ANY UPDATES TO THIS PRIVACY
POLICY PLEASE DO NOT ACCESS OR CONTINUE TO USE THE WEBSITE.
2. WHO WE COLLECT PERSONAL INFORMATION FROM
We may collect personal information from the following groups of data
subjects: visitors to, and users of, our Website; our customers; current
members of our workforce and those who apply for posted jobs; and third-
party vendors and business partners.
Personal information generally means information that can be used to
identify you or that can be easily linked to you (for example, your name,
address, telephone number, email address, social security number and date
of birth). The privacy laws in some jurisdictions include unique elements in
what they consider to be the personal information of the consumers or data
subjects they protect. If those laws apply to us, as in the case of the
California Consumer Privacy Act (“CCPA”) or European General Data
Protection Regulation (“GDPR”), our use of the phrase “personal information”
includes the unique elements required by such laws.
The categories of information we collect from each of these groups, and the
ways in which we use it, differs. As you may have noticed, it’s possible that
the same person could fall into more than one group. Most of this Privacy
Policy addresses our processing and sharing of personal information
collected from visitors to and users of our Website and our customers.
Nonetheless, we collect and retain the types of professional or employment
related personal information you would expect an employer to have about its
existing and former workforce and new job applicants. We provide legally
required notices of collection and describe our use and sharing of the
personal information of our workforce and applicants in greater detail in
confidential internal human resource manuals and documents accessible to
members of our workforce, or by publication on the proprietary
workforce/applicant portals and apps we operate. In some cases, such
portals and apps may be operated by third parties who transfer the personal
information to us. In those situations, the legal responsibility to provide
notice usually rests with the third party, not us.
In addition, like all corporate enterprises, we buy goods and services, lease
equipment and office space and attend industry events. In doing so, we
interact with many existing and potential vendors and business partners
from whom we necessarily collect certain personal information in connection
with our contractual and business relationships. As with our customers, this
information is typically limited to minimum business contact information. We
use and share personal information collected from our vendors and business
partners to manage, administer, and perform under our contracts with them,
or share information about our products. We describe our use of vendor and
business partner personal information in greater detail in our confidential
contracts with those parties or on the internal vendor management portals
we operate.
3. WHAT WE COLLECT
There are two types of information that we obtain from you online and then
store and use: (i) non-personal information that’s collected automatically
from each visitor, such as your device operating system; and (ii) personal
information that you voluntarily provide to us or that is collected
automatically.
By using our Website or purchasing our products or services, you are
signifying to us that you agree with this section of our Privacy Policy and that
we may use and disclose your information as described.
Voluntarily Submitted Information.
If you participate in certain activities via our Website, you may be asked to
provide us with information about yourself. The types of personal information
we collect in those situations includes identifiers (such as your name, email
address, physical address, and phone number), professional information
(such as the business you are in), and financial account information (such as
your credit card information). We do not sell, rent, or trade voluntarily
submitted personal information with third parties.
If you don’t want us to collect this type of personal information, please don’t
provide it. This means you shouldn’t participate in the activities on our
Website that request or require it and you may want to communicate with us
by phone or regular mail instead. Participation is strictly your choice. Not
participating may limit your ability to take full advantage of the online and
mobile resources, but it will not affect your ability to access certain
information available to the general public on the online and mobile
resources.
Some of the ways you voluntarily give us your personal information and how
we use it:
Emails and Online Forms – When you send us an email or fill out an online
form, such as to contact us, your email address and any other personal
information (e.g., home address or phone number) that may be in the
content of your message or attached to it, are retained by us and used to
respond back directly to you and to process your request. Depending on the
personal information provided, communications from us may be in the form
of emails, telephone calls, and/or text messages. We may also send you
information about any of our products or services we think may be of interest
to you.
Registering for an Account – When you register for an account or you register
your child for a sub-account, you submit personal information to us such as
your name and email address (or your child’s name and email address)
which we then retain. We use that information to create and manage your
account and, in some cases, establish a password and profile to
communicate with you and any sub-accounts you created via email.
Registering for Events – When you register for services, webinars, events,
conferences, or programs we ourselves may host (rather than outsource to a
third-party event manager with its own privacy policies), you will be
submitting the types of identifiers described above. If the event requires a
fee, we may also ask you to submit credit card or other financial information.
We use this information to register you for the event and send you
communications regarding the event.
Becoming a Subscriber to Our Service – We use any information provided
from our customers to perform our contractual obligations and provide the
products and services purchased to them, to manage their accounts and
communicate with them.
Social Media and Community Features – Some of our Website may offer
social media-like community features letting users post messages and
comments, and/or upload an image or other files and materials. If you
choose to make use of these features, the information you post, including
your screen name and any other personal information, will be in the public
domain and not covered/protected by this Privacy Policy.
Automatically Collected Information.
When you visit our Website, basic information is passively collected through
your web browser via use of tracking technologies, such as a “cookie” which
is a small text file that is downloaded onto your computer or mobile device
when you access the online and mobile resources. It allows us to recognize
your computer or mobile device and store some information about your
preferences or past actions.
We allow third party vendors to use cookies or similar technologies to collect
information about your browsing activities over time following your use of
the site. For example, we use Google Analytics, a web analytics service
provided by Google, Inc. ("Google"). Google Analytics uses cookies to help us
analyze how you use the online and mobile resources and enhance your
experience when you visit the online and mobile resources. For more
information on how Google uses this data, go to
www.google.com/policies/privacy/partners/. You can learn more about how to
opt out of Google Analytics by going to
https://tools.google.com/dlpage/gaoptout.
The internet activity information collected through cookies and other similar
means includes such things as: the domain name and IP address from which
you accessed our Website; the type of browser and operating system you
use; the date and time and length of your visit; the specific page visited,
graphics viewed and any documents downloaded; the specific links to other
sites you accessed from our Website; and the specific links from other sites
you used to access our Website.
Additionally, if you access our Website from a phone or other mobile device,
the mobile services provider may transmit to us uniquely identifiable mobile
device information which allows us to then collect mobile phone numbers
and associate them with the mobile device identification information. Some
mobile phone vendors also operate systems that pinpoint the physical
location of devices and we may receive this information as well if location
services are enabled on your device. If you do not want us to collect and use
geolocation data, disable location services through your device settings.
Regardless, we use both automatically collected information and mobile
device information to compile generic reports about popular pages on our
Website, and to see how our customers and followers are accessing our
Website. We then use that data to administer the online and mobile
resources and make them better, make your activities more convenient and
efficient and to enhance the functionality of our Website, such as by
remembering certain of your information in order to save you time.
We use and retain your personal information in accordance with applicable
law and as long as necessary to carry out the purposes described above in
accordance with our internal data retention procedures.
User Beware: External Sites, Apps, Links and Social Media.
We maintain a presence on one or more external social media platforms
such as Twitter, Facebook, YouTube and LinkedIn. We may further allow
features of our Website to connect with, or be viewable from, that external
social media presence. Similarly, our Website may contain links to other
websites or apps controlled by third parties.
We are not responsible for either the content on, or the privacy practices of,
social media platforms, or any third-party sites or apps to which we link.
Those apps, sites and platforms are not controlled by us and therefore have
their own privacy policies and terms of use. If you have questions about how
those apps, sites and platforms collect and use personal information, you
should carefully read their privacy policies and contact them using the
information they provide.
4. WHEN/WITH WHOM DO WE SHARE PERSONAL INFORMATION
We use non-personal information to administer our Website, make them
better, and to make business decisions about what programs our customers
might like.
We use voluntarily provided personal information to respond to your inquiries
and provide you with the services you have requested, amongst other uses
as further described below. We do not sell or rent your personal information
to third party data vendors or marketing companies. As you might expect,
we disclose your information when required by law.
Affiliates
In addition to those third parties set forth above, we may share your
information, including personal information, within our family of companies.
Those companies will use such information in generally the same manner as
we do under this Privacy Policy which includes sending you information
about their products, services, or initiatives that may be of interest to you.
Legally Compelled Disclosures
We may disclose your information, including personal information, to
government authorities, and to other third parties when compelled to do so
by such government authorities, or at our discretion or otherwise as required
or permitted by law, including but not limited to responding to court orders
and subpoenas.
To Prevent Harm
We may disclose your information, including personal information, when we
have reason to believe that someone is causing injury to or interference with
our rights or property, other users of the online and mobile resources, or
anyone else that could be harmed by such activities.
Business Transfer
If we or any of our affiliates, or substantially all its or their assets, are
acquired by one or more third parties as a result of an acquisition, merger,
sale, reorganization, consolidation, or liquidation, personal information may
be one of the transferred assets.
Vendors and Business Partners
We may share your information, including personal information, with our
vendors and other third parties with whom we have a contractual
relationship. We may also share your information, including personal
information, with vendors who provide third party software services that you
have chosen to assist you with your sales funnels. We do our best to disclose
only the information each of those parties need.
We have adopted standards for those vendors and business partners who
receive personal information from us. We attempt to bind such vendors and
business partners to those standards via written contracts. We further
attempt to contractually restrict what our vendors and business partners can
do with the personal information we provide to them such that it is used only
to the extent necessary to carry out the business purpose for which it was
provided; is not disclosed to anyone else without our consent or under our
instruction; remains, as between us and the applicable vendor or business
partner, our property; and is not transferred out of the United States without
our consent.
Please note, however, that we cannot guarantee that all of our vendors and
business partners will agree to these contractual requirements; nor can we
ensure that, even when they do agree, they will always fully comply.
5. YOUR RIGHTS AND OPTIONS
You do not have to provide personal information to enjoy most of the
features of our Website. Moreover, you can opt out of certain activities like
newsletters and announcements. Residents of California and data subjects
whose personal information was obtained while they were in the GDPR
Jurisdictions have certain additional rights.
GDPR Jurisdictions means the countries composed of the European Economic
Area (including Iceland, Lichtenstein, and Norway) and the following
countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy,
Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal,
Romania, Slovakia, Slovenia, Spain, and Sweden.
Furthermore, Andorra, Argentina, Canada (only commercial organizations),
Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand,
Switzerland, Uruguay and Japan have received an “adequacy decision” from
the European Commission, adheres to the material terms of the GDPR.
Switzerland also has its own data protection via its Federal Act of Data
Protection (“DPA”).
GDPR no longer has jurisdiction over The United Kingdom. Since the United
Kingdom (“UK”) has now formally left the European Union, it is no longer
regulated domestically by the material terms of the GDPR. The United
Kingdom General Data Protection Regulation (“UK-GDPR”) is the UK's data
privacy law that governs the processing of personal data domestically.
If we are using personal information you provided to us in order to enable us
to send you materials, such as newsletters or product alerts via text or email,
and you decide you don’t want to receive such materials, you may opt out by
following the opt-out instructions in the email or other communication (e.g.,
by responding to the text with “STOP”), or by contacting us using the contact
information below. When we receive your request, we will take reasonable
steps to remove your name from our distribution lists. You need to
understand it may take a period to remove your name from our lists after
your request and due to such latency, you may still receive materials for a
period of time after you opt out. In addition to opting out, you have the
ability to access, amend, and delete your personal information by contacting
us using the contact information below.
Some browsers have a “do not track” feature that lets you tell websites that
you do not want to have your online activities tracked. At this time, we do
not specifically respond to browser “do not track” signals.
6. CHILDREN’S PRIVACY
Children under the age of thirteen (13) are not permitted to use the Website,
and we do not seek or knowingly collect any personal information about
children under thirteen (13) years of age. If we become aware that we have
unknowingly collected information about a child under thirteen (13) years of
age, we will make commercially reasonable efforts to delete such
information from our database.
If you are the parent or guardian of a child under thirteen (13) years of age
who has provided us with their personal information, you may contact us
using the information in Section 11 to request that it be deleted.
7. HOW WE PROTECT COLLECTED PERSONAL INFORMATION
We will take all reasonable security precautions to protect your personal
information provided to our Website. We have adopted a security program
that includes technical, organizational, administrative, and other security
measures designed to protect, in a manner consistent with accepted industry
standards and applicable law, against anticipated or actual threats to the
security of personal information (the “Security Program”). We cannot,
however, guarantee that your information, whether during transmission or
while stored on our systems or otherwise in our care, will be free from
unauthorized access or that loss, misuse, destruction, or alteration will not
occur. Except for our duty to maintain the Security Program under applicable
law, we disclaim any other liability for any such theft or loss of, unauthorized
access or damage to, or interception of any data or communications
including personal information. We have every reason to believe our Security
Program is reasonable and appropriate for our business and the nature of
foreseeable risks to the personal information we collect. We further
periodically review and update our Security Program, including as required
by applicable law.
Nonetheless, as part of our Security Program, we have specific incident
response and management procedures that are activated whenever we
become aware that your personal information was likely to have been
compromised. We further require, as part of our vendor and business partner
oversight procedures, that such parties notify us immediately if they have
any reason to believe that an incident adversely affecting personal
information, we provided to them has occurred.
8. THE CALIFORNIA CONSUMER PRIVACY ACT
When we collect personal information from California residents, we become
subject to, and those residents have rights under, the California Consumer
Privacy Act or “CCPA”. This section of our Privacy Policy is used to allow us to
fulfill our CCPA obligations and explain your CCPA rights. For purposes of this
section, the words “you” and “your” mean only such California residents.
What did we collect from California Residents?
We collect the following categories of personal information: identifiers such
as name, address, IP address, and other similar identifiers; personal
information described in subdivision (e) of Section 1798.80 (California
customer records statute) such as a name, address, telephone number,
credit card number; commercial information such as products or services
purchased; internet/electronic activity such as browsing history and search
history; geolocation data including geographic coordinates/physical location;
and audio, video, electronic or other similar information. We may disclose
this information for one or more business purposes permitted by the CCPA.
We do not sell, and within the last 12 months have not sold, personal
information to third parties.
Rights of California Residents
You have the following rights under the CCPA, in summary disclosure, access
and delete. It’s important to us that you know that if you exercise these
rights, we will not “discriminate” against you by treating you differently from
other California residents who use our sites and mobile resources or
purchase our services but did not exercise their rights.
You can exercise these rights up to two different times every 12 months. To
do so, you may contact us using the information in Section 11. We may ask
you to fill out a request form. The CCPA only allows us to act on your request
if we can verify your identity or your authority to make the request so you
will also need to follow our instructions for identity verification.
If you make a verifiable request per the above, we will confirm our receipt
and respond in the time frames prescribed by the CCPA.
9. THE EU GENERAL DATA PROTECTION REGULATION
We do collect or otherwise obtain personal information from data subjects
located in the GDPR Jurisdictions. We fulfill our GDPR obligations with respect
to our workforce/job applicants, our customers (and their own end-clients),
and our vendors and business partners through a series of separate notices,
contracts or other terms provided to them at the time, and in the manner
and form, GDPR and local law within each GDPR Jurisdiction requires.
We describe, in the immediately following section of this Privacy Policy, how
we comply with the GDPR for personal information collected from visitors to
and users of our Website while they were in a GDPR Jurisdiction. Thus, for
purposes of that section, the words “you” and “your” mean only such GDPR
Jurisdiction-based visitors and users.
What do we collect from you in the GDPR Jurisdictions and how do we use it?
We collect from you the categories of personal information already
described. The lawful basis on which we rely for such collection, later use
and disclosure, is what the GDPR refers to as legitimate interest. As stated
elsewhere in this Privacy Policy, we do not sell any of your personal
information to third parties nor do we use it for automated decision making.
Cross-border Data Transfers and Third-Party Processors
If we transfer personal information from the GDPR Jurisdictions to a location
that has not been deemed by the European Commission to have adequate
privacy protections, we do so in the manner the GDPR permits.
Rights of Data Subjects in the GDPR Jurisdictions
While we attempt to allow all visitors and users of our Website to exercise a
degree of control over their personal information, under the GDPR we have a
legal obligation to do so for you. More specifically, with respect to personal
information collected from you while you were in a GDPR Jurisdiction, you
have these rights: transparency, access, correction and deletion, portability,
who, what, why and where, and restriction/objection.
If you would like to exercise any of these rights, you may contact us using
the information in Section 11. Your ability to exercise these rights is subject
to certain conditions and exemptions that you can read about in Articles 12
through 23 of the GDPR. Among those conditions is our right to decline part
or all of a request if we cannot satisfy our reasonable doubts and concerns
about your identity in a manner that helps us minimize the risk that
unauthorized persons might use a GDPR right to access your personal
information. We will respond to all requests without undue delay, and in
accordance with the time frames, if any, prescribed by the GDPR. If you are
not satisfied with how we use your personal information or respond to your
requests, you have the right to complain to your data protection regulator.
10. RIGHTS OF DATA SUBJECTS IN OTHER JURISDICTIONS
In other jurisdictions, with similar data privacy regulations, we may collect
from you the categories of personal information already described. We
collect and manage (including disclose) such data in compliance with
applicable local law(s). As noted, we do not sell any of your personal
information to third parties nor do we use it for automated decision making.
11. CONTACTING US
If you have questions about our Privacy Policy or privacy practices, please
contact us at:
1800Bitcoin, LLC
Attn: Legal Dept.
151 Calle de San Francisco, STE 200 PMB 0024
San Juan, PR 00901
support@1800bitcoin.com
1800Bitcoin LLC
151 Calle de San Francisco
STE 200 PMB 0024
San Juan, PR 00901