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Lockbox means the electronic hardware key management device supported by the Wallet but provided by a third party as set forth in Section 7.
5.3.1 In order to be completed, any Virtual Currency transaction created with the Wallet must be confirmed and recorded in the Virtual Currency ledger associated with the relevant Virtual Currency network. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which are not owned, controlled or operated by Hazelcoin.net.
5.3.2 Hazelcoin.net has no control over any Virtual Currency network and therefore cannot and does not ensure that any transaction details you submit via our Services will be confirmed on the relevant Virtual Currency network. The transaction details you submit via our Services may not be completed, or may be substantially delayed, by the Virtual Currency network used to process the transaction. We do not guarantee that the Wallet can transfer title or right in any Virtual Currency or make any warranties whatsoever with regards to title.
5.3.3 Once transaction details have been submitted to a Virtual Currency network, we cannot assist you to cancel or otherwise modify your transaction or transaction details. Hazelcoin.net has no control over any Virtual Currency network and does not have the ability to facilitate any cancellation or modification requests.
5.5.1 With respect to the Wallet, Hazelcoin.net does not receive or store your Wallet password, nor any keys, network addresses or transaction history. We cannot assist you with Wallet password retrieval. You are solely responsible for remembering, storing and keeping secret your Wallet password. Any Virtual Currency you have associated with such Wallet may become inaccessible if you do not know or keep secret your Wallet password. Any third party with knowledge of one or more of your credentials (including, without limitation, a backup phrase, wallet identifier or password) can dispose of Virtual Currency in your Wallet
5.5.2 When you create a Wallet, you must: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) protect and keep secret all credentials for the Wallet; (d) protect access to your device and your Wallet; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Wallet; and (f) use the backup functionality provided through the Wallet and safeguard your backup files. You agree to take responsibility for all activities that occur with your Wallet and accept all risks of any authorised or unauthorised access to your Wallet, to the maximum extent permitted by law.
We may provide Swap to you using the Wallet interface. Swap is provided to you exclusively by Hazel Capital Holdings. Through Swap, Hazelcoin.net shall display to you a conversion rate that may include a fee, which you agree to pay. Swap works in connection with the Wallet, by which we shall deliver to you the requested Virtual Currency, less any applicable fees, by executing a transaction from a Virtual Currency address we control to one associated with your Wallet.
We may, at our sole discretion and from time-to-time, require you to satisfy our Compliance Program before participating in Swap or receiving funds. In order to use Swap, you agree to cooperate with any such request and pay any associated fees, which may be modified or supplemented at any time.
You may not cancel, reverse or change any Swap transaction. We may suspend, delay, redirect, reverse or cancel any Swap transaction at any time and for any reason. For example, and without limitation, we may do so if we suspect any risk of fraud, crime, breach of this User Agreement, or illicit activity.
We may implement Swap transaction limits. These may vary based on a variety of factors, including, without limitation, the time of your transaction, your location, the Virtual Currency purchased, and the Virtual Currency sold. We implement, raise and lower Swap transaction limits in our sole discretion.
We may advertise to you a Hazelcoin.net Lockbox hardware device to be used in connection with the Wallet or other Services. A Lockbox is manufactured, offered, sold, and supported (if applicable) by third parties, not Hazelcoin.net. You have no relationship, contractual or otherwise, with Hazelcoin.net in connection with your purchase of a Lockbox from such third party. We do not act as a reseller. We may, from time-to-time, include features permitting you to use a Lockbox in connection with the Wallet. We do not guarantee support for, or access to, any Lockbox as part of the Services. We shall not be responsible for any damages caused in whole or in part, directly or indirectly, by a Lockbox or any use of a Lockbox, whether or not it was used in connection with the services.
7.2.1 Hazelcoin.net does not receive or store passwords, keys, network addresses, transaction history, personal identification numbers (PINs) or other credentials associated with a Lockbox. We cannot assist you with Lockbox credential retrieval. You are solely responsible for remembering, storing, and keeping secret any Lockbox credentials. Any Virtual Currency you have associated with a Lockbox may become inaccessible if you do not know or keep secret your credentials. Any third party with knowledge of one or more of your credentials (including, without limitation, a backup phrase or PIN) can dispose of Virtual Currency in your Lockbox.
7.2.2 When you set up a Lockbox, you must: (a) create strong credentials (like PINs) that you do not use for any other service; (b) protect and keep secret all credentials; (c) protect access to your Lockbox; (d) promptly notify us if you discover or otherwise suspect any security breaches related to your Lockbox; and (e) use the backup functionality provided with the Lockbox, keeping all backup information secure and confidential. You agree to take responsibility for all activities that occur in connection with your Lockbox and accept all risks of any authorized or unauthorized access to your Lockbox, to the maximum extent permitted by law.
7.3.1 At no point will Hazelcoin.net ever take custody or control over any Virtual Currency stored using a Lockbox, nor will we have access to any credentials associated with your Lockbox or the ability to recover any Virtual Currency used in connection with a Lockbox.
7.3.2 Information relating to Virtual Currency, like balances, availability, or value, may not reflect the actual balance in real-time. You must independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.
7.4.1 Any Services offered in connection with the Lockbox are provided on an “AS IS” basis without any representation or warranty, whether express, implied or statutory. To the maximum extent permitted by applicable law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non- infringement.
7.4.2 We make no warranty that any Lockbox will be free from viruses, malware, or other related harmful material and make no representation that your ability to access any Lockbox will be uninterrupted. Any defects or malfunction in the product should be directed to the third party offering the Lockbox and not Hazelcoin.net. We shall not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on or through the Lockbox.
We may offer you the opportunity to receive Virtual Currency at no cost (“Airdrop”), subject to the terms described in this section. The Airdrop Program is provided to you exclusively by Hazelcoin.net. The Virtual Currency is delivered by us to you, but is manufactured, offered, and supported by the network creator or developer, if any, and not by Hazelcoin.net.
There is no purchase necessary to receive Virtual Currency in an Airdrop. However, you must have a Wallet and a User Account. Although Hazelcoin.net does not charge a fee for participation in the Airdrop Program, we reserve the right to do so in the future and shall provide prior notice to you in such case.
Each Airdrop shall be subject to any terms displayed in the Services and marked with an asterisk (*) or other similar notation.
An offer to receive Virtual Currency in an Airdrop is only available to you while supplies last. Once the amount of Virtual Currency offered by Hazel Coin in an Airdrop is exhausted, any party who has either been placed on a waitlist, or has completed certain additional steps, but not yet received notice of award of Virtual Currency in such Airdrop, shall no longer be eligible to receive Virtual Currency in that Airdrop. Hazelcoin.net reserves the right, in our sole discretion, to modify or suspend any Airdrop requirements at any time without notice, including the amount previously advertised as available.
You may not be eligible to receive Virtual Currency from an Airdrop in your jurisdiction. In the event that you have multiple Wallets with Hazelcoin.net, you are only eligible to receive Virtual Currency from an Airdrop in one Wallet and for one User Account.
In the event you are selected to receive Virtual Currency in an Airdrop, we shall provide you with written notice of the pending delivery of such Virtual Currency. Eligibility may be limited as to time. We are not liable to you for failure to receive any notice associated with the Airdrop Program due to change in your contact information that was not updated by you prior to such time as the notice was delivered by us to you.
8.3.1 You are solely responsible for researching and understanding the Virtual Currency network subject to the Airdrop. You may not rely on any of our statements concerning the foregoing.
We may offer you the ability to purchase and sell Virtual Currency for other Virtual Currency or fiat currency via Hazelcoin.net Exchange subject to the terms of this Agreement. Hazelcoin.net Exchange is provided to you exclusively by Hazelcoin.net. Use of Hazelcoin.net Exchange requires a User Account, which may require you to complete certain actions pursuant to our Compliance Program. Your use of Hazelcoin.net Exchange is subject to the terms of the Trading Principles as amended from time to time. In the event of any inconsistency between this Agreement and the Trading Principles, this Agreement shall apply with respect to matters relating to this Section.
Hazelcoin.net Exchange may not be available in all markets and jurisdictions. We may restrict or prohibit use of Hazelcoin.net Exchange in certain jurisdictions (Restricted Locations), and change such restrictions or prohibitions at any time.
We may, in our sole discretion, limit the number of User Accounts that you may create or maintain. We may terminate or suspend any User Account that exceeds such limit, and liquidate, freeze or refund positions and funds associated with such User Account.
We may limit use of Hazelcoin.net Exchange to certain hardware devices and/or supported software. We do not guarantee that Hazelcoin.net Exchange will be accessible through all manufacturers of electronic devices or software developers. Access to the PIT may also require certain hardware, software and security protocols, which could result in your inability to access Hazelcoin.net Exchange.
In the normal course of business, we will require you to provide login credentials (“Credentials”) to access your User Account. We may impose additional security measures to be used when you access Hazelcoin.net Exchange, including but not limited to two-factor authentication (“2FA”). This 2FA may include security passcodes sent via mobile text message or electronic mail or an application designed to provide 2FA by other means. If prompted to install any such 2FA application, you are solely responsible for ensuring the security of any password or login credentials. We may provide data through such 2FA application in order to authenticate your use of Hazelcoin.net Exchange. We cannot be held responsible for any damage caused by a 2FA device, software or method.
Hazelcoin.net may offer a “chat” or “messaging” feature in connection with Hazelcoin.net Exchange, use of which will allow you to communicate with other Hazelcoin.net Exchange Participants (as such term is defined in the Trading Principles). Use of any such feature is subject to both the terms of this Agreement and the Trading Principles. Hazelcoin.net may suspend or terminate your use of any such messaging feature, in our sole discretion, for any reason, with or without notice. All communications made on any such feature are subject to surveillance and retention by Hazelcoin.net and may be produced by us in response to a request for information from law enforcement, a governmental agency or regulatory authority. Any such feature is not a method of execution, and any communications relating to transactions are for discussion purposes only. All orders must be executed via the Hazelcoin.net Exchange’s order process.
You will be able to view certain details of your account history as determined by Hazelcoin.net, up to a specific period of time as determined by Hazelcoin.net in our sole discretion. This account history may include information such as: (a) your fiat balance; (b) your Virtual Currency balance; (c) executed transaction details; (d) unexecuted transaction details; and (e) deposit and withdrawal information.
In order to complete a Virtual Currency transaction, you will need sufficient funds in your User Account, either in the form of Virtual Currency or fiat currency, depending upon the order type you select. Hazelcoin.net may not support all funding methods at all times. You are solely responsible for your use of any external account, provider, or service used to transfer funds to your User Account. The timing associated with any deposit will vary and may depend in part upon the performance of third parties unrelated to Hazelcoin.net. We shall not be responsible for damages resulting from failed or delayed funding.
We shall hold fiat currency deposited by you in your User Account for your benefit and on your behalf in a third bank account. Each such account is separate from Hazel Coin operating bank account(s).
Any Virtual Currency held in your User Account on Hazelcoin.net Exchange will be custodial assets held by Hazelcoin.net on trust for your benefit on a custodial basis. Among other things, this means that:
a. Title to Virtual Currency shall at all times remain with you and shall not transfer to any company in the Hazelcoin.net Group. As the owner of Virtual Currency in your User Account, you shall bear all risk of loss of such Virtual Currency. No company within the Hazelcoin.net Group shall have any liability for fluctuations in the fiat currency value of Virtual Currency held in your User Account Wallet. As the owner of Virtual Currency in such User Account, you shall bear all risk of loss of such Virtual Currency. Hazelcoin.net shall not have any liability for fluctuations in the fiat currency value of Virtual Currency held in such User Account.
b. None of the Virtual Currencies in your User Account are the property of, or shall or may be loaned to, Hazelcoin.net; Hazelcoin.net does not represent or treat assets in a User Account as belonging to Hazelcoin.net. Hazelcoin.net may not grant a security interest in the Virtual Currency held in your Virtual Currency Wallet. Except as required by a facially valid court order, or except as provided herein, Hazelcoin.net will not sell, transfer, loan, hypothecate, pledge, or otherwise alienate Virtual Currency in your User Account unless instructed by you or compelled by a court of competent jurisdiction to do so.
c. You control the Virtual Currency held in such User Account. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Virtual Currency by sending it to a different blockchain address controlled by you or a third party.
d. In order to more securely custody assets, Hazelcoin.net may use shared blockchain addresses, controlled by a member of the Hazelcoin.net Group, to hold Virtual Currencies held on behalf of customers and/or held on behalf of Hazelcoin.net. Your Virtual Currency is segregated from the Hazelcoin.net Group’s own Virtual Currency or funds by way of separate ledger accounting entries for customer and Hazelcoin.net Group accounts. Notwithstanding the foregoing, Although we maintain separate ledger accounting entries for customer and Hazelcoin.net accounts, no member of the Hazelcoin.net Group shall have any obligation to segregate by blockchain address Virtual Currencies owned by you from Virtual Currencies owned by other customers or by any member of the Hazelcoin.net Group.
e. We may store any Virtual Currency you deposit for use on Hazelcoin.net Exchange in a “hot wallet”, “cold wallet” or other storage method in our sole discretion.
When you hold Algos in your User Account on the Hazelcoin.net Exchange, you will not receive any Algo staking rewards in respect of your User Account balance. You may receive awards in the future.
In the event that the balance of available funds in your User Account is greater than any minimum balance requirement needed to satisfy all open orders, you may request a withdrawal of Virtual Currency or fiat currency, as applicable. You are solely responsible for losses resulting in whole or in part from any external account, provider, or service. We cannot guarantee the timing of any withdrawal request. Requests may be delayed or canceled as part of our Compliance Program.
We may, at our discretion, use a third party payment service provider to process deposit and withdrawal requests in fiat currencies. Upon making a deposit or withdrawal request for fiat currency, you may be directed away from Hazelcoin.net Exchange or Hazelcoin.net Site to a third party website. In such case, you are solely responsible for any actions taken on such website and we shall not be liable for any loss resulting in whole or in part from such website or provider.
We may, in our sole discretion, impose daily, weekly, monthly, or other periodic limits on deposits and withdrawals, which we may implement, eliminate, increase or decrease without advance notice.
If you reverse a payment instruction initiated with your bank, payment services provider or equivalent or part of a transaction fails for any reason which results in your User Account having a negative balance, we may liquidate any assets held in any account you hold with us (including the User Account) to offset and reduce the negative balance. You remain fully responsible for settling the balance and we may engage debt collectors to pursue any outstanding debt on our behalf.
In the event that any amount of fiat currency or Virtual Currency is deposited into your account in error (an “erroneous deposit”), you must notify Hazelcoin.net immediately and return the erroneous deposit as soon as possible. In the event you do not return the erroneous deposit to Hazelcoin.net, you shall be indebted to Hazelcoin.net in the amount of the erroneous deposit and Hazelcoin.net shall have the right to debit this amount from your User Account in whole or in part until such time as the full amount has been returned. In addition, Hazelcoin.net may, but be under no obligation to, take whatever further action it considers necessary in order to recover the erroneous deposit.
We shall, from time-to-time, offer you different types of orders that may be placed on Hazelcoin.net Exchange. The Trading Principles contain more additional information on order types. We do not guarantee any order you place on Hazelcoin.net Exchange will be executed or executed at any particular time.
Hazelcoin.net Exchange is an active and live marketplace. By entering any order, you are bound to its terms and may not be able to cancel such order. You must review all of the details prior to entering an order on Hazelcoin.net Exchange, including the quantity and price of the Virtual Currency to be bought or sold, as well as the amount of funds, either Virtual Currency or fiat currency, that will be required in connection with your trade request. Please see the Trading Principles for additional information on Hazel Coin cancellation practices.
Any member of the Hazelcoin.net Group may be actively participating on the Hazelcoin.net Exchange and placing its own orders. This means that the counterparty to an order you place on the Hazelcoin.net Exchange may be Hazelcoin.net acting in such a capacity.
You must pay any fees associated with your use of the PIT. Generally, Hazelcoin.net will debit fees for orders from the total cost of your order. Hazelcoin.net may charge other fees, or process fees in an alternative manner, but only with prior written notice to you. On the Hazelcoin.net Site, we shall post a fee schedule that we may amend at any time in our sole discretion, with prior written notice to you. In the event you are found to owe us any amount of fiat currency or Virtual Currency, we may offset such amount against any funds we hold for you, whether in Virtual Currency or fiat currency.
Your use of the Services requires you to bear risks for which we cannot be held responsible. We list some, but not all of these risks below:
a. Hardware, software, or connections required to interact with a Virtual Currency network might fail, succumb to malware, unauthorized access or malicious attacks. Third parties may obtain unauthorized access to the Services, including, but not limited to your public and private keys. Hazelcoin.net shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
b. Forks, unknown vulnerabilities in or unanticipated changes to the network protocol may cause losses to you or others. Hazelcoin.net has no control over any cryptocurrency network and shall not be responsible for any harm occurring as a result of the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
c. The risk of loss of value in using Services involving Virtual Currencies may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable.
d. Virtual Currencies are not legal tender and are not backed by any sovereign government. In addition, the legislative and regulatory landscape around Virtual Currencies is constantly changing and may affect your ability to use, transfer, or exchange Virtual Currencies.
e. When placing a “market order” in a Virtual Currency, your order will be executed immediately at the current market price. Market orders do not carry a limit price and will trade with anything on the order book. During periods of high volume, fast market conditions, illiquidity, or volatility in the marketplace, the actual price that a market order is executed at may be different from the best price indicated at the time of your order, and in some cases significantly so.
f. Under certain market conditions you may find it difficult to liquidate a position. In such circumstances, Hazelcoin.net Exchange may not have sufficient demand to meet your request to execute such a transaction. Placing contingent orders, such as a “stop” or “limit” order does not guarantee your potential loss will be limited to an intended amount, as market conditions may make it difficult to execute such orders. You may suffer losses due to orders executing at lower or higher values than anticipated or requested.
g. Virtual Currency transactions may not be reversible. Once you send Virtual Currency to an address, you may lose access to your Virtual Currency temporarily or indefinitely. For example, an address may have been entered incorrectly, or an address may belong to an entity that will not return your Virtual Currency. Virtual Currency mistakenly sent to an address we control may not be recoverable.
By using the Services, you agree that the data sources that maintain your accounts and any third parties that interact with your Credentials or account data in connection with our service are not liable for any loss, theft, compromise, or misuse whatsoever in connection with our services (including negligence), except to the extent such liability cannot be limited under applicable law.
Data sources make no warranties of any kind related to the data provided by our services–whether express, implied, statutory, or otherwise. No data provided by us is an official record of any of your accounts.
11.1.1 Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with the Hazelcoin.net Site or the Services, are the property of Hazelcoin.net or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Hazelcoin.net Site or the Services.
11.1.2 You accept and acknowledge that the material and content contained in or delivered by the Hazelcoin.net Site or the Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Hazelcoin.net Site or the Services as set forth in this Agreement.
11.1.3 You further acknowledge that any other use of content from the Hazelcoin.net Site or the Services is strictly prohibited, and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via the Hazelcoin.net Site or the Services on any copy you make of the material but failing to do so shall not prejudice Hazel Coin intellectual property rights therein.
11.1.4 You may not sell or modify materials derived or created from the Hazelcoin.net Site or the Services or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose. Your use of such materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from the Hazelcoin.net Site or the Services without our express, written permission.
11.1.5 Any rights not expressly granted herein to use the materials contained on or through the Hazelcoin.net Site or the Services are reserved by Hazelcoin.net in full.
The Services may be connected by Envestnet | Hazel Capital Holdings. When you request data from a source connected to the Services, Hazel Capital Holdings collects that data and provides it to us. Hazel Capital Holdings acts on our behalf in this process, which means we share your data with Hazel Capital Holdings as one of our service providers. For more information on how Hazel Capital Holdings collects, uses, stores, and handles your data, please see Envestnet | Hazel Capital Holdings Commitment to its Clients and their Users (www.Hazel Capital Holdingse.com/clients-consumers). If there is any inconsistency between Hazel Capital Holdings’ Commitment and this Agreement regarding Hazel Capital Holdings activities, then Hazel Capital Holdings’ Commitment is correct.
11.3.1 We endeavor to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.
11.3.2 We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services.
11.4.1 In using the Services, you may view content or services provided by third parties, including links to web pages and services of such parties (Third Party Content). We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party.
11.4.2 We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.
Hazelcoin.net may, from time-to-time, respond to requests from third parties, courts, law enforcement, regulators, and policymakers by producing certain information about or relating to your use of the Services.
Depending on the Services used by you, Hazelcoin.net reserves the right, in our sole discretion, to create and maintain certain records of your activity and communications relating to your User Account.
11.7.1 For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your User Account and during this time, no transactions may be completed until: (i) your designated fiduciary has opened a new User Account, as further described below, and the entirety of your User Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died.
11.7.2 Upon receipt by us of proof satisfactory to us that you have died, the fiduciary you have designated in a valid will or similar testamentary document will be required to open a new User Account. If you have not designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person entitled to inherit your User Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a will, a living trust or a small estate affidavit, or (ii) require an order designating a fiduciary from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your User Account.
11.7.3 Pursuant to the above, the opening of a new User Account by a designated fiduciary is mandatory following the death of a User Account owner, and you hereby agree that your fiduciary will be required to open a new User Account and provide any requisite information under this Agreement in order to gain access to the contents of your User Account.
12.1.1 Hazelcoin.net strives to improve its Services to address feedback. If you have ideas or suggestions regarding improvements or additions to the Services, we would like to hear them; however, any submission shall be subject to this User Agreement.
12.1.2 Under no circumstances shall disclosure of any idea or feedback, or any related material to Hazelcoin.net be subject to any obligation of confidentiality or expectation of compensation.
12.1.3 By submitting an idea or feedback or any related material that would be subject to intellectual property rights (the Work) to Hazelcoin.net, you grant to Hazelcoin.net, with respect to the Work submitted, a non-exclusive, perpetual, global, royalty-free license to use all of the content of such ideas and feedback, for any purpose whatsoever.
12.1.4 By submitting Work, you are waiving any moral rights to the fullest extent permitted under law that you may have in the Work and are representing and warranting to Hazelcoin.net that the Work originated with you, no one else has any rights in the Work, and that Hazelcoin.net is free of any royalty to implement the Work and to use the related material if so desired, as provided or modified by Hazelcoin.net, without obtaining permission or license from any third party.
12.1.5 Hazelcoin.net may sub-license in any way all Work and material you have submitted to Hazelcoin.net.
We shall use commercially-reasonable efforts to supply email-based technical support services, but cannot guarantee immediate responses, especially during times of high volume.
You represent and warrant to us that you: (a) are not located in, under the control of, or a resident of any Restricted Location or any country to which the United States has embargoed goods and services; (b) are not identified as a “Specially Designated National” by the United States Treasury Department; and (c) shall not use the Services if you are prohibited by any applicable law, regulation, or rule from doing so.
When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the foregoing, you agree that you shall not:
a. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
b. use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
c. use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
d. use or attempt to use another person’s User Account, or credentials without authorisation;
e. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorised to access;
f. introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
g. develop any third-party applications that interact with our Services without our prior written consent;
h. provide false, inaccurate, or misleading information; or
i. encourage or induce any other person to engage in any of the activities prohibited under this Section.
HAZELCOIN.NET DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE,
NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, AND ANY SERVICES PROVIDED BY HAZELCOIN.NET ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ACKNOWLEDGE THAT HAZELCOIN.NET MAKES NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND THAT HAZELCOIN.NET’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF HAZELCOIN.NET OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
IN NO EVENT SHALL HAZELCOIN.NET, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR: (A) ANY AMOUNT GREATER THAN THE VALUE OF THE VIRTUAL CURRENCY ACTUALLY DELIVERED TO US BY YOU OR BY YOU TO US IN CONNECTION WITH A SUPPORTED VIRTUAL CURRENCY TRANSACTION COMPLETED ON ITS DISPLAYED TERMS OVER THE LAST SIX MONTHS, VALUED IN GREAT BRITISH POUNDS AT THE TIME OF THE TRANSACTION; OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF HAZELCOIN.NET HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, MAKE SPECIFIC PERFORMANCE OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF VIRTUAL CURRENCY, YOU AND WE AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCY DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; (C) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
You agree to indemnify and hold harmless Hazelcoin.net, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person’s use of your credentials or User Account in connection with: (a) use of the Hazelcoin.net Site or Services; (b) a reversal of payment instructions by you which results in a negative account balance (c) breach of this User Agreement or any other policy; (d) feedback or submissions you provide; (e) false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; or (f) violation of any rights of any other person or entity; provided however, that you shall not indemnify Hazelcoin.net for claims or losses arising out of Hazelcoin.net’s gross negligence or willful misconduct. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this User Agreement.
13.6 Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein. Nothing in this User Agreement excludes or limits liability which may not be limited or excluded under applicable law.
If by reason in whole or in part of any Force Majeure Event, either you or Hazelcoin.net is delayed or prevented from complying with this User Agreement, then such delay or non-compliance shall not be deemed to be a breach of this User Agreement and no loss or damage shall be claimed by you or Hazelcoin.net by reason thereof. “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.
It is your responsibility to determine what, if any, taxes apply due to your use of Hazelcoin.net Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. Hazelcoin.net is not responsible for determining whether taxes apply to your Virtual Currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any virtual currency transactions.
In the event that any provision of this User Agreement is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this User Agreement is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of this User Agreement will, where possible, be interpreted so as to sustain its legality and enforceability.
This User Agreement shall be binding on your successors, heirs, personal representatives, and assigns. You may not assign or transfer any of your rights or obligations under this User Agreement without prior written consent of Hazelcoin.net, which may be withheld in Hazelcoin.net’s sole discretion. We may assign rights or delegate duties under this User Agreement in our sole discretion
Nothing in this User Agreement is intended to, nor shall create any partnership, joint venture, agency, consultancy or trusteeship. You and Hazelcoin.net are independent contractors for purposes of this User Agreement.
This User Agreement constitutes the entire agreement among the Parties with respect to the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties. Subsequent discussions or negotiations between you and Hazelcoin.net or Hazelcoin.net personnel shall only amend or become part of this User Agreement by way of a written amendment specifically referencing the last updated date and name of this User Agreement.
For any purpose other than technical support requests, you may contact us by With an electronic copy to: legal@Hazelcoin.net.
You agree to indemnify and hold harmless Hazelcoin.net, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person’s use of your credentials or User Account in connection with: (a) use of the Hazelcoin.net Site or Services; (b) a reversal of payment instructions by you which results in a negative account balance (c) breach of this User Agreement or any other policy; (d) feedback or submissions you provide; (e) false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; or (f) violation of any rights of any other person or entity; provided however, that you shall not indemnify Hazelcoin.net for claims or losses arising out of Hazelcoin.net’s gross negligence or willful misconduct. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this User Agreement.
13.6 Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein. Nothing in this User Agreement excludes or limits liability which may not be limited or excluded under applicable law.
If by reason in whole or in part of any Force Majeure Event, either you or Hazelcoin.net is delayed or prevented from complying with this User Agreement, then such delay or non-compliance shall not be deemed to be a breach of this User Agreement and no loss or damage shall be claimed by you or Hazelcoin.net by reason thereof. “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.
It is your responsibility to determine what, if any, taxes apply due to your use of Hazelcoin.net Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. Hazelcoin.net is not responsible for determining whether taxes apply to your Virtual Currency transactions or for collecting, reporting, withholding, or remitting any taxes arising from any virtual currency transactions.
In the event that any provision of this User Agreement is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this User Agreement is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of this User Agreement will, where possible, be interpreted so as to sustain its legality and enforceability.
This User Agreement shall be binding on your successors, heirs, personal representatives, and assigns. You may not assign or transfer any of your rights or obligations under this User Agreement without prior written consent of Hazelcoin.net, which may be withheld in Hazel Coin sole discretion. We may assign rights or delegate duties under this User Agreement in our sole discretion.
Nothing in this User Agreement is intended to, nor shall create any partnership, joint venture, agency, consultancy, or trusteeship. You and Hazelcoin.net are independent contractors for purposes of this User Agreement.
This User Agreement constitutes the entire agreement among the Parties with respect to the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties. Subsequent discussions or negotiations between you and Hazelcoin.net or Hazelcoin.net personnel shall only amend or become part of this User Agreement by way of a written amendment specifically referencing the last updated date and name of this User Agreement.
For any purpose other than technical support requests, you may contact us by registered With an electronic copy to: legal@Hazelcoin.net.
For technical support requests only, you may submit a request via our Support tool at: https://support.Hazelcoin.net.
If you live in the United States (or, if you are a business, have your principal place of business in the United States), any dispute arising between you and us under this User Agreement or our relationship (whether arising out of contract, tort, statute or any other manner) shall be settled in binding arbitration, in accordance with the Federal Arbitration Act under the American Arbitration Association’s rules; provided, however, nothing in this Agreement will waive, preclude or otherwise limit your right to (i) bring an individual action in a U.S. small claims court or (ii) file a representative action solely to obtain a public injunction.
The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish of your billing address, or another mutually agreeable location, in the English language. The arbitrator shall apply the law of the state of New York, without regard to its conflict of laws principles. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitration decision may be enforced in any court. You agree that the arbitrator shall have the authority to order relief, and you agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to reasonable costs and attorneys’ fees.
If the arbitrator(s) or administrator imposes filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. If a court decides that any provision of this section concerning Arbitration is invalid or unenforceable, that provision shall be severed and resolved in accordance with English law exclusively and the other parts of this section concerning Arbitration shall still apply. In no case shall the remainder of this User Agreement be affected. If the invalidity or unenforceability of a provision causes a dispute to proceed in a court instead of arbitration, the Parties agree that such court must be located in North Carolina, applying United States law.
By entering into this User Agreement, you expressly waive your right to a trial by jury and right to participate in a class action lawsuit.
