Last Updated: March 1, 2022

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 OR OUR SERVICES.

These Terms of Service (“Agreement”) are a contract between you and SandP Solutions, LLC a/k/a Bitcoin of America (hereinafter referred to as “BCOA,” “we,” “us,” or “our”), a Limited Liability Company 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 BCOA website (“Website,” or www.bitcoinofamerica.com), BCOA cryptocurrency Teller Machines (“BTMs”), BCOA’s tablet and point of sale system, API’s, and all services described herein or which may be offered to you from BCOA (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 or any BCOA Services.

Introduction

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 BCOA Services you acknowledge and agree that we are not responsible for the loss in value of your Virtual Currency. By using our products or services which allow you to access and hold Virtual Currency private keys, you agree and acknowledge that BCOA is not responsible for safeguarding such keys and that BCOA is not responsible for any loss of Virtual Currency resulting from theft, scams, fraud, loss, or mishandling. 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. BCOA reserves the right to change these Terms of Use at any time. 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 BCOA 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. BCOA may, in its 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 Bitcoin Teller Machine (“BTM”), a BCOA tablet, 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 the 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. BCOA reserves the right to terminate your Account, with or without notice, if you engage in any prohibited activity, or attempt to establish multiple accounts.

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. Your failure to provide BCOA documents or information when requested may result in the termination of your Account.

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, warrant, 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 authorize and accept BCOA 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 – Access. To access BCOA services, you must have use either a smartphone, computer, or laptop with active access to the internet. You may access BCOA services by using the website, or any one of the BTM’s or tablets 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 Someperiod 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.

1.6 – Creating a Bitcoin of America Account. Your BCOA 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 held responsible for your funds or at any time. The Account is our way of identifying you as a customer. The Account may encompass the following Bitcoin of America features, including, but not limited to:

  • One Virtual Currency wallet, provided by a third-party, that allows users to store Bitcoin private keys, and to track, transfer, and manage their Bitcoin and account information, and through which Bitcoin of America can facilitate Virtual Currency transactions pursuant to instructions submitted by a user or authorized entity to BCOA (“Wallet”).
  • A Virtual Currency conversion service through which users can buy Virtual Currency from, and sell Virtual Currency to, BCOA. Each of these services is described in detail below.

 

2.0 – Wallet Services. Although we provide access to a third-party wallet application on our web site, we do not provide any services for users to access, maintain, or support digital currency wallets. Nor do we hold any digital currency in wallets for or on behalf of any user. BCOA does not store or have access to any private key for any digital wallet you choose to create.

Virtual Currency Transactions

3.1 – Purchase Transactions. 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, (2) a BCOA tablet; or, (3) BCOA’s website. The BTM’s provide for a one-way deposit of fiat currency in exchange for Virtual Currency sent to the wallet address provided by you. The BTM’s have a limit of $15,000.00 per user, per day. 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 responsible or held liable for any wallet addresses you provide incorrectly or inaccurately. Furthermore, BCOA cannot be responsible or held liable if you tell us to send cryptocurrency to a wallet address you do not own or control or to which you do not have the private key. Tablet transactions are limited to $500.

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 rate and fees related to that purchase will be set at the time your wire transfer is posted to our bank account and coins are sent to the wallet address you provide. After a user’s first trade, you may be placed on a locked rate. Locked rates signify that your transaction rate and fees for that transaction will be set at the time 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. 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.

3.4 – Fees. By using BCOA services you agree to pay all applicable fees associated with website trades, the tablet and BTM transactions. BCOA makes a profit from each trade completed by a user. Our fees 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. 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.

3.5 – Irreversible Transactions. All completed transactions on the website, tablets 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.

3.6 – 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.

3.7 – Refunds and Cancellations. We do not provide refunds for any transaction that you have initiated and completed by sending Bitcoin to the digital wallet address designated by you. We may, in our sole discretion, provide a refund if we determine that the circumstances of your transaction warrant a refund, and we will deduct up to twenty percent (20%) of the overall transaction as a processing fee.

3.8 – Paypal & Gift Card. We may use a third-party processor to process coin buy orders.

3.9 – Taxes. You will be solely responsible for all taxes related to any transactions completed using BCOA services.

Transaction Terms

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 – Website Accuracy. BCOA makes every effort to insure the accuracy of the information included within these Terms of Service and on its website, BTMs and tablets. Nevertheless, BCOA is not responsible for any errors, oversights, or inaccuracies in that information and reserves the right to amend, alter, correct, revise, or otherwise change that information at any time and without notice to you.

4.4 – Accounts and Access. Your continued ability to access your account with BCOA depends upon your full compliance with these Terms of Service. BCOA reserves the right, in its sole discretion, to terminate your access to your account for any violation of these Terms of Service, or for any other reason, or no reason at all.

4.5 – Prohibited Uses. By opening a Bitcoin of America Account, you confirm that you will not use your Account to do any of the following:

  1. 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);
  2. Partake in a transaction which involves the proceeds of any unlawful activity;
  3. Partake in any transaction involving illegal gambling;
  4. Defraud or attempt to defraud Bitcoin of America or other Bitcoin of America users;
  5. Infringe upon Bitcoin of America’s or any third party’s copyright, patent, trademark, or intellectual property rights;
  6. Provide false, inaccurate, or misleading information;
  7. 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;
  8. Interfere with another individual’s or entity’s access to or use of any of Bitcoin of America’s Services;
  9. 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;
  10. Publish, distribute, or disseminate any unlawful materials or information;
  11. Transmit or upload any material to the Bitcoin of America website that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
  12. Harvest or otherwise collect information from the Bitcoin of America Website about others, including without limitation e-mail addresses, without proper consent;
  13. 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;
  14. Transfer any rights granted to you under this Agreement;
  15. 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;
  16. 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;
  17. 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;
  18. Deposit or transmit funds into any BTM or by way of a wire transfer that do not belong to you.
  19. Buy cryptocurrency on behalf of another person.
  20. Use another person’s login information, account number, telephone number, or PIN.
  21. Send cryptocurrency to a digital wallet address that you don’t own or control unless you have a specific intention to do so. Completed transactions to any wallet cannot be reversed.

 

4.6 – Transaction Suspension. In an effort to secure your account and to help prevent scams and frauds, a transaction you initiate, or that someone initiates by using your account, may be suspended. What this means is that you may not receive cryptocurrency into one of BCOA’s BTMs. Instead, the transaction may be “suspended” pending further investigation. If this happens to you, please contact our Help Desk immediately. You will be asked to complete a form within 24/48 hours. Within 2 business days of receiving your receipt, BCOA’s Compliance Department will review your information, along with other data and information to determine whether the transaction should be completed or whether a refund should be issued, less a service fee.

Other Terms and Services

5.1 – “VIP” Program. BCOA has a “VIP” program that lowers the rate for certain customers who apply for the program and are accepted into the program by BCOA. The VIP program generally charges lower fees for purchasing cryptocurrency through BCOA’s website. BCOA reserves the right to alter the terms of the VIP program, including the amount of the discounted rate, or to terminate the VIP program, at any time and without notice to you.

5.2 – Understanding Digital Wallet. The digital wallet obtained from a third-party through the BCOA website (the “Wallet”) provides a way for you to hold, track, transfer, and manage your cryptocurrency. The Wallet is provided by a third-party. You understand the wallet is not a requirement for our services and you may, at your own choosing, use any compatible wallet available. By using the Wallet you further understand that BCOA is not holding your virtual currency on your behalf. You understand that BCOA will not ever have access to any wallets or private keys. You understand you alone have complete control and authority over the Wallet and its contents, and that BCOA will never be able to help recover, obtain, or otherwise control any part of the wallet. You should never give your private key to anyone you don’t know or have not met in person. Doing so will jeopardize all the cryptocurrency in your wallet by making it accessible to someone other than you.

5.3 – Bitcoin of America Virtual Currency Purchase and Sale. When buying or selling Virtual Currency, where applicable, you are buying from or selling to Bitcoin of America directly. You warrant and represent that Bitcoin of America is buying from or selling to you directly. You understand Bitcoin of America does not act as an intermediary or exchange between buyers and sellers of Virtual Currency and does not facilitate third party transfers. You warrant the Virtual Currency wallet you utilize in a transaction with Bitcoin of America is under your ownership and control. You understand and agree that Bitcoin of America cannot any transfer instructions from you.

Site Registration and Log In

In order to access and use certain features of this site and any BCOA Services, you must first register with BCOA. Accordingly, you are required to provide your full legal name, phone number, government-issued identification, and confirm your acceptance of this Agreement. 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. Upon successfully completing the registration process, BCOA will create an account for you to use BCOA services. BCOA may, at any time, and in its sole discretion, refuse or prohibit you from creating a Bitcoin of America Account.

  • To access certain features of this site, you may be required to provide personal and/or demographic information as part of a site registration or log-in process.
  • You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
  • You are responsible for all activity occurring when this site is accessed through your account, whether authorized by you or not. We are not liable for any loss or damage arising from your failure to protect your username or password. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security related to your account, your username or this website.

 

Identity Verification

Pursuant to the terms of this Agreement, you agree that your use to certain BCOA Services is contingent upon providing specific personal information including, but not limited to, any or all of the following: your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government issued identification, and current photograph(s) of yourself. You also understand and agree that we may require you to answer additional questions to verify your identify or take actions, at our discretion, including, but not limited to engaging third parties to verify your identity. You authorize any such third parties to which such inquiries may be directed to fully respond to such inquiries. You further verify that any information you provide to BCOA is accurate and authentic, and agree to update any information as necessary.

Rules of Conduct

There are a few rules of conduct that you are required to follow when you use this website:

  • Do 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.
  • Do 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.
  • Do not “stream catch” (download, store or transmit copies of streamed content).
  • Do not obtain, or attempt to obtain, access to areas of the site or our systems that are not intended for access by you.
  • Do not “flood” the site with requests or otherwise overburden, disrupt or harm the site or its systems.
  • Do not circumvent or reverse engineer the site or its systems.
  • Do not restrict or inhibit another user or users from using and enjoying this site.

 

If you post something to this site, such as comments or other content, do not post anything that:

  • Infringes any third party intellectual property right (such as copyrights),
  • Is defamatory (i.e., something that is negative and untrue about another person or entity),
  • 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.

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.

Responsibility for Public Postings

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.

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. For contractual purposes, 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.

Copyright Infringement 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 a written notice by U.S. Mail or an email to support@bitcoinofamerica.org.

Please include the following information in your written notice:

  • A detailed description of the copyrighted work allegedly infringed upon;
  • A description of the location of the allegedly infringing material on the site;
  • Your contact information, including your address, telephone number, and, if available, email address;
  • 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;
  • 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
  • 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

 

Please note the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the site.

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.

Suspension or Termination of Access

We have 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.

Linking Policies

This site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

We welcome links to this site, so long as:

  • This site opens in a new browser window, which displays the full version of a page of this site (e.g., not merely one of its frames, and not an “in-line” link to a particular image or object on this site),
  • The link to this does not state or imply any sponsorship of your website or service by us or by this site; and
  • This site is not display framed within or obfuscated by other content. You may not use on your site any trademarks, service marks or copyrighted materials appearing on this site, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this site upon notice. If you receive such a notice from us, you agree to discontinue your link to the site.

 

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.

Jurisdictional and Dispute Terms

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.

Applicable Law; No Waiver; Severability

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.

Binding Arbitration

Unless You Opt Out, You Are Agreeing To Resolve Certain Disputes Through 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.

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.

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.)

Wire Transfers

Any wires that must be returned for any reason will be charged 5% fee for resending fee.

Other

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 unenforce­able, 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 (IN OTHER WORDS, GIVE UP) THE RIGHT TO COMMENCE ANY PROCEEDING AGAINST BCOA 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 IN WRITING OF THE EVENTS GIVING RISE TO THE PROCEEDING WITHIN ONE YEAR OF THEIR OCCURRENCE.