Terms of Service

Last Updated: March 1, 2020


PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. ANY CHANGES WILL BE FULLY INCORPORATED INTO THE TERMS OF SERVICE POSTED TO THIS WEBSITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS WEBSITE.

These Terms of Service (“Agreement”) are a contract between you and SandP Solutions, Inc. a/k/a Bitcoin of America (hereinafter referred to as “BCOA,” “we,” “us,” or “our”), a S-Corporation incorporated in Illinois, and binds you to our Terms of Service and applies to your use or access of any or all of the following: the Bitcoin of America website (“Website,” or www.bitcoinofamerica.com), Bitcoin of America Bitcoin Teller Machines (“BTM”), Bitcoin of America Mobile App for Android and iOS (collectively, “Mobile App”), API’s, and all services described herein (collectively, “BCOA Services”). In addition, by accessing or using BCOA Services, you agree to be legally bound by BCOA’s Privacy Policy, and any additional terms and conditions referenced below, and any additional terms and conditions that otherwise may apply to specific areas of this site.

To be eligible to use BCOA Services, you must satisfy the requirements of these Terms of Service. By accessing BCOA Services you represent and warrant that you are legally able to accept these Terms of Service. If you do not agree to these Terms of Use, you may not use this site.

Introduction

Welcome to Bitcoin of America! Due to the nature of Bitcoin and Cryptocurrency (“Virtual Currency”), the risk of loss in trading, exchanging, holding, and/or transferring Virtual Currency may be significant. The price of Virtual Currency may suddenly change, decrease, increase, and in some instances, lose all value. By using our services, you acknowledge and agree that we are not responsible for the loss in value of your Virtual Currency. We are not responsible for any loss of Virtual Currency resulting from theft, loss, or mishandling, including but not limited to, entering wallet addresses incorrectly into our system. In addition to the Terms of Service listed below, you agree and understand that certain BCOA Services require us to positively verify your identity.

By registering to use a BCOA Account, you agree to comply with and be legally bound by this Agreement. If you do not agree to any of the terms in this Agreement, or any subsequent change, modification, or amendment to this Agreement, you may not use any BCOA Services, and you must cancel your BCOA Account immediately, as set forth below. BCOA reserves the right to change these Terms of Service at any time without notice. Such changes will be effective when posted. By continuing to use this site, and/or any BCOA Services after the revised terms are effective, you agree to be legally bound by this Agreement. BCOA reserves the right to amend, modify, or change this Agreement by posting a revised Agreement on the website at any time, without notice.

Account Setup

1.0 – Eligibility. To be eligible to use Bitcoin of America Services, you must be at least 18 years old, reside in the United States of America, and be willing to verify your identity. You must reside in a state in which BCOA operates (list of states wherein we operate). We may, in our sole discretion, refuse to allow you to create an Account, and we may terminate your account at any time for any reason, or for no reason at all.

1.1 – Terms. BCOA may amend, modify, or change this Agreement at any time by submitting a revised agreement on the BCOA website, and/or by providing you with a copy. The amended agreement shall be effective as of the time it is posted, and may apply retroactively. Your continued use of BCOA services after posting an amended agreement signifies your acceptance and indirect approval of any such amended agreement. If you do not agree with any such amendment, your sole remedy is to discontinue your use of BCOA services and terminate your account.

1.2 -- Registration. In order to use BCOA Services, you must first register an account with us. To register, you must either use a Virtual Currency Kiosk (“VCK”), or online by providing us with your name, phone number, e-mail address, and any additional documents required to verify your identity, including, but not limited to, date of birth, tax documents, answers to our questionnaire, social security number, government issued identification documents, and bank account information. By using your Account, you represent and warrant that you will use the Account only for yourself, and not on behalf of any third party. You are solely responsible for all activity that occurs under your Account. You may not create duplicate accounts with multiple e-mail addresses. We reserve the right to terminate your Account with or without notice if you engage in any prohibited activity, or attempt to establish multiple accounts. The information you submit must describe you (i.e., you may not create an Account on another individual’s behalf, and you may not impersonate another person or entity), and you may not sell, share, or otherwise transfer your account information.

1.3 – Consent to Collect Personal Data. By submitting these documents and any other personal information requested, you verify that the information is accurate and true. In addition, you agree to provide BCOA with any updated documents if your information changes. You hereby authorize BCOA to, directly or indirectly, make reasonably necessary inquiries to verify your identity and/or to protect against fraud or misrepresentation.

1.4 – Identity Verification. In order to use your Account, your face, facial structure, facial geometry, and facial expressions will be collected and stored by us for the purpose of verifying your identity. This information will not be shared with any third parties outside of authorized BCOA employees without your consent, unless disclosure is required by applicable law, subpoena, or national security letter. You agree to provide us with any and all information we request for the purpose of verifying your identity, and for the purposes of detecting any money laundering, terrorist financing, fraud, misrepresentation, scam, or any other financial crimes, and you permit us to store records of same. Any access to your Account, and any limitations thereof, may be changed as a result of any information collected about you at any time with or without notice to you. You further authorized and accept your mobile telephone carrier (i.e., Verizon Wireless, Sprint, T-Mobile, AT&T, etc.) to use your mobile phone number, name, network status, billing type, mobile device identifiers (i.e., IMEI, etc.) and any other data, if available, to verify your identity.

1.5 – Tier Verification. In order to use your Account on our website, before initiating a trade, you will be required to apply for Tier Verification. To be verified, you must submit the following three documents: (1) Picture of Government Issued Identification (Front and Back); (2) Selfie with your Government Issued Identification; and (3) Proof of your residency (e.g., phone bills, utilities bills, water bills, etc.). Each Tier on our website corresponds to a maximum daily and monthly limit that you may trade on our website.

1.6 – Access. To access BCOA services, you must use either a smartphone or laptop with active access to the internet. You may access BCOA services by using the website, or any one of the BTM’s at our various locations. At any time, with or without notice, due to increased activity on our website, or technical updates, BCOA services may be slower than usual, or become unavailable for any period of time. We do not warrant that BCOA services will be available at all times without interruption. In addition, BCOA is not liable for any losses resulting from or arising out of any delays due to technical difficulties, updates, or increased activity.

1.7 – Creating a Bitcoin of America Account. Your Bitcoin of America Account (the “Account”) represents our relationship with you. You agree and understand that we do not hold funds or Virtual Currency on your behalf, and that the Account does not create, infer, or otherwise acknowledge a fiduciary relationship. We do not act as custodian of your funds at any time and will not hold, transfer, secure, or be otherwise be held responsible for your funds at any time. The Account is our way of identifying you as a customer.

1.8 Cancellation or Termination. We reserve the right to deny access to, and to suspend or terminate your access to, the site, or to any features or portions of the site, and to remove and discard any content or materials you have submitted to the site, at any time and for any reason, including for any violation by you of these Terms of Use. In addition, we have a policy of terminating the site usage privileges of users who are repeat infringers of intellectual property rights. In the event your access to and/or use of this site is suspended or terminated, you will continue to be bound by the Terms of Use that were in effect as of the date of such suspension or termination. We reserve the right to take any steps we believe are necessary or appropriate to enforce and/or verify your compliance with these Terms of Use.

Rules of Conduct

2.0 – Site Rules. By using our services, you agree, acknowledge, and understand that you may never engage in any of the following prohibited conduct listed below. You must adhere to the following Rules of Conduct when using our services:

  • You must not "harvest" (or collect) information from the site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the site and information about the offerings, products, services and promotions available on the site;
  • You must not convert or attempt to convert money received from illicit or illegal purposes;
  • You must not use automated means to access the site, or gain unauthorized access to the site or to any account or computer system connected to the site;
  • You must not "stream catch" (download, store or transmit copies of streamed content);
  • You must not obtain, or attempt to obtain, access to areas of the site or our systems that are not intended for access by you;
  • You must "flood" the site with requests or otherwise overburden, disrupt or harm the site or its systems;
  • You must not circumvent or reverse engineer the site or its systems; and
  • You must not restrict or inhibit another user or users from using and enjoying this site.

2.1 – Comment/Content Rules. If you post something to this site, such as comments or other content, you must not post anything:

  • Which infringes any third-party’s intellectual property rights (such as copyrights);
  • Which is defamatory (i.e., something that is negative and untrue about another person or entity);
  • Which divulges another person's or entity's confidential or private information or trade secret,
  • Is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
  • Encourages criminal conduct,
  • Advertises or solicits business for products or services other than those that are offered and promoted on this site, or
  • Contains any virus, malware, spyware or other harmful content or code;
  • You also must comply with all applicable laws and contractual obligations when you use this site.

This site may include features that allow users to post content and materials to public posting areas of the site. Responsibility for what is posted in public areas of our website lies with each user. You alone are responsible for the material you post or otherwise make available in public areas of our site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We do not publish user posts, and we are not responsible for their accuracy or legality.

2.2 – Prohibited Use. By creating a Bitcoin of America Account, you confirm that you will not use your Account to do any of the following:

  • Violate or assist any party in violating any law, statute, ordinance, regulation, or any rule of any self-regulatory or similar organization of which you are or are required to be a member (e.g., laws, rules, or regulations governing financial services, controlled substances, or consumer protections);
  • Partake in a transaction which involves the proceeds of any unlawful activity;
  • Partake in any transaction involving online gambling;
  • Defraud or attempt to defraud Bitcoin of America or other Bitcoin of America users;
  • Infringe upon Bitcoin of America’s or any third party’s copyright, patent, trademark, or intellectual property rights;
  • Provide false, inaccurate, or misleading information;
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system data, or information;
  • Interfere with another individual’s or entity’s access to or use of any of Bitcoin of America’s Services;
  • Defame, abuse, harass, stalk, threaten, or otherwise violates or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
  • Publish, distribute, or disseminate any unlawful materials or information;
  • Transmit or upload any material to the Bitcoin of America website that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
  • Harvest or otherwise collect information from the Bitcoin of America Website about others, including without limitation e-mail addresses, without proper consent;
  • Act as a payment intermediary or aggregator or otherwise resell any of the Bitcoin of America Services, unless expressly authorized by Bitcoin of America in writing;
  • Transfer any rights granted to you under this Agreement;
  • Use the Bitcoin of America Account information of another party to access or use the Bitcoin of America Website, except in the case of specific Merchants and/applications which are specifically authorized by a user to access such user’s Bitcoin of America Account and information;
  • Otherwise attempt to gain unauthorized access to the Bitcoin of America Website, other Bitcoin of America Accounts, computer systems or networks connect to the Bitcoin of America Website, through password mining or any other means;
  • Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity, or privacy, or any other proprietary right under the law; or
  • You must not operate as an unlicensed money services business, money transmitter, payment processor, payment service provider, or any other financial services business requiring state or federal licensing, including but not limited to exchanges and over the counter services of virtual currency, money orders, checks, traveler’s check, PayPal, or other money transfers.

Bitcoin of America Wallet

3.0 -- Bitcoin of America Wallet. The Bitcoin of America Wallet Mobile Application (“the Wallet”), provides you with a method of holding, tracking, managing, and/or transferring your Virtual Currency for the purpose of interacting with our VCK’s and website. You agree, acknowledge, and accept that the Wallet is not a requirement for our services in any way, and you may choose to utilize this application at your own risk. You agree, acknowledge, and accept that Bitcoin of America does not provide any custodial services, and that BCOA is not responsible for your cryptocurrency. You may alternatively use any other wallet provider available on the market. You agree, acknowledge, and accept that if you use the Wallet, Bitcoin of America is not holding your Virtual Currency on your behalf, and you understand that Bitcoin of America has no access or control to your wallet. You understand that Bitcoin of America will never have access to the private key necessary to access the Wallet. You understand that only you have access and control to the Wallet and its contents, and Bitcoin of America will never have access or control to your private key or the Wallet. You agree and acknowledge that Bitcoin of America cannot be held liable for the loss of your private keys, Virtual Currency, or any other losses associated with using the Wallet.

Cryptocurrency Trades

3.1 – Trading on Bitcoin of America. When buying, selling, or exchanging Virtual Currency through BCOA, you are buying from, or selling to us directly, and this is solely intended to initiate an exchange of Virtual Currency. You may purchase Virtual Currency by using (1) a BTM, or the (2) website. The VCK’s provide for a one-way deposit of Fiat Currency in exchange for Virtual Currency sent to the wallet address provided by you. The VCK’s have a limit of $1,999.00 per user, per transaction, with an aggregated limit of $7,500.00 per day for each user. The website provides you the option of purchasing Virtual Currency via wire transfer from your bank to ours with a minimum order of $2,500.00. Any purchased Virtual Currency will be deposited into the wallet address that you provide. You hereby authorize and agree that BCOA cannot be held liable for any wallet addresses provided incorrectly or inaccurately.

3.2 – Locked and Floating Rates. When buying, selling, or exchanging Virtual Currency through BCOA for the first time through the website, all users will be placed on a floating rate. Floating rates signify that your transaction and rate of Virtual Currency purchase will reflect the time that your wire is posted to our bank account and coins are sent to the wallet address you provide. After a user’s first trade, the user will be placed on locked rates. Locked rates signify that your transaction and the rate of Virtual Currency will reflect the time that your trade is initiated. After a user’s first trade, any user that initiates and subsequently deletes a trade without providing us with a compelling reason shall be placed on floating rates. The user must then complete five (5) successful trades, without deleting trades, to be placed back on locked rates. In addition, the customer’s very next trade will be charged a higher transaction fee due to the previously deleted trade. BCOA reserves the right, in its sole discretion, to place a user on floating or locked rates based on the user’s activity on our website.

3.3 – Inactive Trades. When initiating a trade, you have forty-eight (48) hours to send a wire to us. If we do not receive your wire within the required timeframe, or if we do not receive a response from you explaining any delays, your trade will be deleted, and you will be placed on floating rates for your next five (5) transactions. Any customer who has previously transacted on our platform will be charged up to a twenty-five percent (25%) processing fee for initiating a trade without completing the same. Any repeat customer’s new trade is automatically purchased by our system, and the volatility in the cryptocurrency market may cause significant disruption to the company if a trade is not completed, and thus a processing fee must be charged.

3.4 – Scam Victims. Bitcoin of America takes all legal and compliance matters very seriously, and we make every attempt to prevent our users from being scammed. If you have initiated a trade, and sent a wire, and then realized you are a victim of a scam, you need to provide a written explanation of all the information related to the scam. Once a written explanation is provided, we may fully refund your wire to you, minus up to a twenty-five percent (25%) processing fee.

3.5 – Fees. By using BCOA services you agree to pay all applicable fees associated with website trades, and BTM transactions. We make a profit from each trade completed by a user. Our fees for the website are reflected in the current price of the cryptocurrency we offer, and may be subject to change at any time with or without notice to you. A full list of our fees for BTM’s can be found on our BTM Transaction Fees Disclosure Guide. You will be responsible for all banking and wire fees. In the event that any wire or trade is canceled, deleted, or refunded by your bank, you will be responsible for all banking fees.

3.6 -- Irreversible Transactions. All transactions on the website and BTM’s are irreversible and non-refundable. When you initiate a trade, you authorize and consent to all applicable fees, and further acknowledge the irreversible nature of cryptocurrency transactions. We reserve the right, in our sole discretion, to provide you with a refund depending on the circumstances of your transaction. Any user initiating and deleting trades to receive favorable rates may be placed on floating rates, and we reserve the right to bind you to any transaction you have initiated.

3.7 – Inaccurate and Unauthorized Transactions. All transactions initiated using your credentials will be assumed to be authorized by you. If you did not authorize a transaction, or if you initiated your transaction inaccurately, you may contact us at helpdesk@bitcoinofamerica.org as soon as feasible. Please be sure review any initiated trades regularly to check for accuracy. We are not responsible for any inaccurate or unauthorized transactions.

3.8 – Refunds and Cancellations. We do not provide refunds for any transaction that you have initiated. Once a transaction is initiated, you are legally bound to send us a wire. If you decide to cancel any trades after your first successful trade, for any reason other than falling victim to a scam, you must complete your wire. If you do not complete your wire, we will deduct a ten percent (25%) processing fee of the total amount of your trade. You agree that any transaction initiated by you and cancelled for any reason will bind you to your transaction, and our processing fee. Any user who does not pay the processing fee will be prosecuted to the fullest extent provided by law. Bitcoin of America does not provide refunds for any completed trades, since the nature of cryptocurrency transactions are irreversible.

3.9 – Paypal & Gift Card. We may use a third-party processor to process coin buy orders of $1,999.99 or less. You must provide documentation to evidence your ability to trade pursuant to the policies and requirements of our Compliance Department.

3.10 – Taxes. It is your sole responsibility to determine what, if any, taxes may be due as a result of your access to or use of our Service. It is entirely your responsibility to report and remit the appropriate tax to the proper taxing authority. We are not responsible for determining whether any tax is due or for collecting, reporting or remitting any tax arising from your access to or use of the Service.

3.11 – Paper Wallet. You accept any and all liability for printing a paper wallet. You accept, acknowledge, and understand that we do not have access to paper wallets, and that we are unable to alter your paper wallet after it has been issued to you. You agree and acknowledge to hold us harmless, and you accept all liability that results from sharing your paper wallet and private key with any and all third-parties.

General Terms and Conditions

4.1 – In General. After successfully verifying your identity, you may use any Digital Currency Wallet which allows you to send, receive, or otherwise transmit digital currency from our wallet to yours. BCOA does not provide any wallet services, and we cannot be held liable for any technical issues arising from a third-party wallet service. We cannot be held liable for any wallet addresses incorrectly provided to us.

4.2 – Limited License. Bitcoin of America grants you a limited, nonexclusive, nontransferable license, subject to these Terms of Service, to access our site, its content, materials, and information available in connection solely for informational and transactional purposes. Bitcoin of America reserves all rights in our website and BTM’s content and materials, and you accept that this limited license does not permit you to sell, license, publish, or otherwise exploit any of our material, information, or content.

4.3 – Ownership of Site Content and Submissions. We or our licensors or partners own the intellectual property rights in the content and materials displayed on this website. You may use this site (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this site unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you submit or post any materials or content to this site, you grant us and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the site is original to you and that you have the right to grant us these rights. To avoid any disputes between us relating to ideas that you have submitted to us, you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

4.4 – Copyright and Legal Notices. If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending an e-mail to legal@bitcoinofamerica.org. All Subpoenas and legal inquiries should be directed to legal@bitcoinofamerica.org. Please include the following in your written submission: (1) a detailed description of the copyrighted work allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

4.5 – Electronic Communications. The communications between you and us via this site use electronic means, whether you visit this site or send us an email, or whether we post notices on this site or communicate with you via email. You consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

4.6 – Changes to This Site. We may, at any time and without notice, modify, suspend or discontinue (temporarily or permanently) all or part of this website or the Content; charge, modify or waive fees required to use this website; or offer special opportunities to some or all users of this site, subject to applicable law. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance. Any description of how this website (or the services offered via this site) works should not be considered a representation or obligation with respect to how the site will always work.

4.7 – Indemnification. You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, members, managers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of this site, your submissions to this site, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of this site.

4.8 – Jurisdictional Issues, Applicable Law, Severability, and Waiver. We control and operate this website from our facilities in the United States of America, and the materials displayed on this website are presented solely for use within the United States, its territories, possessions, and protectorates. You waive any and all claims of personal jurisdiction and all jurisdictional issues, and further accept and agree to Illinois as the law governing any potential disputes that may arise from your use of our services. These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of Illinois, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.

4.9 – Binding Arbitration. Unless You Opt-out, you are agreeing to resolve certain disputes through legally binding arbitration. THE BINDING ARBITRATION CLAUSE BELOW SAYS THAT YOU AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS PART OF THESE TERMS OF USE. PLEASE READ THIS SECTION CAREFULLY TO UNDERSTAND OUR BINDING ARBITRATION AGREEMENT AND HOW YOU CAN OPT OUT OF IT.

Our goal is to resolve Disputes fairly and quickly. (A "Dispute" means any dispute, claim, or controversy between you and us regarding any aspect of your relationship with us.) However, if we cannot resolve a Dispute with you, then, except as described elsewhere below, each of us agrees to submit the Dispute to the American Arbitration Association for resolution under its Commercial Arbitration Rules or, by separate mutual agreement, to another arbitration institution. As an alternative, you may bring your claim in your local "small claims" court, if its rules permit it.

You may bring claims only on your own behalf, and not on behalf of any official or other person, or any class of people. Only claims for monetary damages may be submitted to arbitration; claims for injunctive orders or similar relief must be brought in a court. You may not combine a claim subject to arbitration under these terms and conditions with a claim that is not eligible for arbitration under these terms and conditions. The arbitrator will decide whether a dispute can be arbitrated.

The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or we request one. Any arbitration award over $75,000 may be appealed to a three-person panel appointed by the same arbitration institution that rendered the original award. Any such appeal must be filed within 30 days and the appeal will be decided, based on that institution's appeal rules, within 120 days of filing.

Before you initiate an arbitration proceeding, you may request that we advance on your behalf

(1) The arbitration filing fees (but only to the extent they exceed your local small claims court filing fees) and
(2) The portion of the arbitrator's costs for which you would normally be responsible.

If we win the arbitration, you will reimburse us for these advances. We will, of course, pay any fees or costs required under the law where you live.

You may opt out of this arbitration provision. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use one of these addresses to opt out:

Attn: Arbitration Opt-out

You must include your name, address, the URL of this arbitration provision, and a clear statement that you wish to opt out of this arbitration provision in these terms and conditions.

If the prohibition against class action and other claims brought on behalf of third parties contained in Section is found to be unenforceable, then all of this arbitration provision will be null and void. This arbitration provision will survive these Terms of Use and the termination of your use of this site.

4.10 – Disclaimer of Warranties. THIS SITE AND ITS CONTENT AND SERVICES ARE PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. WE PROVIDE THIS SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT: THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME, THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS, THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE, THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS, INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THIS SITE WILL REMAIN RETREIVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU), OR THE SITE WILL BE UNITERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS SITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY. IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON OUR SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD-PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS.

WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES. THESE DISCLAIMERS APPLY TO ANYONE AND ITS AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.

4.11 -- Limitations of Liability. IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THIS SITE, OR WITH ANY OF THE SITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THIS SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

Additional Services

5.1 – “VIP” Program. Any customer may apply for our VIP Program to receive 6% flat rates for all cryptocurrency purchases from our Virtual Currency Kiosks.

Complaints, Inquiries, and Feedback

6.1 – Complaints. We use a comprehensive and systematic strategy to ensure that your rights are protected and we follow all related legislation and regulatory requirements for the states in which we operate. BOA’s policy forbids all deceptive or unconscionable trade practices in the purchase or sale, or in the offering for sale of any virtual currency and/or services it provides. Customers are encouraged to make any suggestions or lodge complaints with BOA at the following email address: support@bitcoinofamerica.org.

Additional Terms

7.0 – Additional Terms. These Terms of Use, together with our Privacy Policy set forth below and any additional terms and conditions referenced herein or otherwise may apply to specific areas of this site, constitute the entire agreement between us and you with respect to our website. This agreement is personal to you and, except with our consent, you may not transfer or assign to any other person (in other words, make another person legally responsible for) the rights granted by, or your obligation to comply with, these Terms of Use. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If a court or similar body determines that a portion of these Terms of Use is invalid or unenforce¬able, the rest of the Terms of Use should stand. The invalid or unenforceable portion should be interpreted as closely as possible (consistent with the law in your area) so as to reflect the intention of the original.

These Terms of Use are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us. You agree that regardless of any STATUTE or LAW to the CONTRARY, you waive the right to commence any proceeding against us if the relevant events occurred more than one year earlier. This waiver is not enforceable, and the normal statute of limitations in your area will apply, if you notified us in writing of the events giving rise to the proceeding within one year of their occurrence.

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