Coinbook® User Agreement
Updated March 10, 2020

Coinbook® is a software company that programs trading bots. This user agreement is a contract between you and Coinbook. By registering for an account through coinbook.com, or any associated websites or applications, you agree that you have read, understood, and accept all of the terms and conditions contained in this agreement, as well as our Privacy Policy. Coinbook may modify or change the terms and conditions of the agreement at any time and will post notification of all changes on the Terms and Conditions webpage.

You can terminate this Agreement at any time by canceling all trade bots or other obligations and deleting your account.

1 - GENERAL TERMS
1.1 Eligibility

To be eligible to use Coinbook Services, you must be at least 18 years old. Any prospective users who are denied entities (including, but not restricted to, individuals and corporate entities who are convicted or suspected money launderers, terrorists, or on the United Nations Security Council Sanctions List, etc.) will be denied access to Coinbook services. Coinbook also reserves the right to revoke access to its services if at any time Coinbook discovers that a previously approved user belongs to a denied category.

1.2 Description of Services

Coinbook is a platform that creates, tests, and allows users to subscribe to trading strategies hosted at Coinbook, its owners, subsidiaries, or affiliates (collectively “Coinbook”). Coinbook is not a exchange. All transactions involve Coinbook generating buy and sell signals as agreed upon, which are then executed through a trade API on approved exchanges. Note: The risk of loss in trading or holding Digital Currency can be substantial. You should therefore carefully consider whether trading or holding Digital Currency is suitable for you. All trading strategies have been tested and are presumed profitable, however, past performance does not guarantee future results. Trade fees, possible market manipulation, and other factors may reduce profitability and performance. All trading is subject to loss up to complete loss of original capital in the case of risky trade strategies or hacking, bankruptcy, or closure of the third-party exchange.

2 - YOUR COINBOOK ACCOUNT

2.1 Registration

In order to use Coinbook Services, you must register for a Coinbook account. During the registration process, we will ask you for necessary personal and/or financial information to create a unique, personal account. We may, in our sole discretion, refuse to issue a Coinbook account or limit the number of Coinbook accounts you may hold.

2.2 Trade API Keys

During the subscription signup process, Coinbook must collect trade keys to allow trades to be completed. All collected information will be retained consistent with global data retention standards and in compliance with Coinbook’s Security Policy and Privacy Policy. This data will be stored in an encrypted state. Users who provide this information agree to allow Coinbook to use and retain trade keys for purposes related to: making additional inquiries necessary to confirm your eligibility and ensure sufficient funds; executing transactions under this Agreement; improving Coinbook services; and complying with all applicable laws. In providing this required information, you confirm that the information is truthful, correct, and belongs to an account owned by you.

2.3 Account Usage

Only the registered user may use an account. As the registered user, you shall be solely responsible for the safekeeping of your Coinbook account. That includes maintaining sole control over your Coinbook account and password; strictly observing security and authentication protocols; fully logging out of the website at the end of every visit; and using two factor authentication. You hereby agree that you will notify Coinbook immediately if you are aware of any unauthorized use of your account.
Company accounts may be used only by the person by whom it was registered. Company accounts are not allowed to be shared with or used by other individuals or entities

2.4 Account Limitation, Suspension, and Termination

Occasionally situations arise where we may need to limit, suspend, or terminate your account (hereafter “restrict” or “restriction”). Account limitation results in a temporary or permanent loss of access to a certain specific part or parts of the services Coinbook offers. Suspension results in a temporary loss of access to most of the services we offer, but does not terminate this Agreement. Termination results in permanent loss of access to all services we offer as well as termination of this Agreement.
We have the right to, limit, suspend, or terminate your account or access to the services that we provide to you if required to do so under any applicable law, regulation, government subpoena, or lawful order. Furthermore, we have the right to limit, suspend, or terminate your account if we have reason to believe:

1. that you have acted in violation of this Agreement or applicable laws or regulations, or if we have a reason to believe that any content or material submitted or shared by you in or through the services violates this Agreement or applicable laws or regulations or third-party rights;

2. that you used the services to engage in, attempt to engage in, or in another way connect with fraudulent activity, money laundering, terrorist financing, or other financial crime;

3. that you have supplied false, misleading, or deceptive information in connection with your registration, identity verification, trade keys or any other use of our services, either to us or to another user;

4. that you make available content or behave in a way that libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, or threatening;

5. that you used the Services in a manner which may cause damage or interruption to the Services, that you attempted to bypass or degrade any of the Service’s security mechanisms, or if Coinbook believes in good faith that such action is reasonably necessary to protect the security of its own Services, property, or brand, or that of its users or third parties;

6. that you attempted any unauthorized access to user accounts or any component of the Service.

We will normally provide you with notice of any restrictive action taken against your account. However, we may limit or terminate your account without prior notice when it is reasonable to do so. You acknowledge that Coinbook’s decision to restrict your account may be based on confidential criteria that are essential to our risk-management and security protocols. Furthermore, we are under no obligation to disclose the details of those protocols to you.
In the event that we restrict your account we will remove the restriction as soon as possible once the reasons for restriction no longer exist.
In the event your account is terminated, you will be permitted to resolve or recieve any owed funds associated with your Coinbook account for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order.

2.5 Account Cancellation

You may cancel your Coinbook Account at any time by canceling any running bots and submitting a request for cancellation at support@coinbook.zendesk.com. You will not incur additional charges for cancelling your Coinbook Account, although you will be required to pay any outstanding amounts owed to Coinbook. You authorize us to cancel or suspend any pending transactions at the time of cancellation, though you may be liable under applicable law to execute a pending transaction in spite of your account cancellation. This Agreement will terminate once your request is processed.

3 – MISCELLANEOUS

3.1 Taxes

It is the User’s sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Coinbook Services.

3.2 Unclaimed Property

If Coinbook is holding funds in your account and is unable to contact you and has no record of your use of the Services for several years, applicable law may require Coinbook to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Coinbook will try to locate you at the address shown in our records. If Coinbook is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. Coinbook reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

3.3 Arbitration; Waiver of Class Action

If you have a dispute with Coinbook, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf). By so doing, you and Coinbook hereby expressly waive trial by jury and right to participate in a class-action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place at the location nearest to Coinbook’s principal place of business, or another mutually agreed upon location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law. The arbitral decision may be enforced in any court of competent jurisdiction. At your request, hearings may be conducted in person or by telephone, and the arbitrator may allow arbitration through the submission and determination of motions by brief, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees.

If the arbitrator(s) or arbitration administrator would impose 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. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this section 7.2 is invalid or unenforceable, that provision shall be severed and the other parts of this section 7.2 shall still apply. In any case, the remainder of this User Agreement will remain in force.

3.4 Indemnification

You agree to indemnify and hold Coinbook, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

3.5 Limitation of Liability; No Warranty

IN NO EVENT SHALL COINBOOK, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR COINBOOK ACCOUNT 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 COINBOOK SITE OR THE COINBOOK SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COINBOOK HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT COINBOOK FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE COINBOOK SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COINBOOK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. COINBOOK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE COINBOOK SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

3.6 Entire Agreement

This Agreement, the Privacy Policy, E-Sign Consent, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and Coinbook as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement) between you and Coinbook. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

3.7 Amendments

We may amend or modify this Agreement by posting on the Coinbook Site or by sending email to the address affiliated with your Account the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.

3.8 Assignment

You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Coinbook affiliates or subsidiaries, or to any successor in interest of any business associated with the Coinbook Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns

3.9 Severability

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

3.10 Change of Control

In the event that Coinbook is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

3.11 Survival

All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement (including sections pertaining to suspension, termination, or account cancellation; debts owed to Coinbook; disputes with Coinbook; etc.) shall survive the termination or expiration of this Agreement.

3.12. Governing Law

You agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Coinbook, except to the extent governed by federal law.

3.13 Force Majeure

We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

3.14. English Language Controls

Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English

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