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Terms of Service

Last Modified:  August 31, 2023

 

These Terms of Service (“Terms”) apply to and govern your access and use of any or all of the following:  the RockItCoin website https://rockitcoin.com (the “Site”), the RockItCoin Wallet mobile application (the “RockItCoin mobile app” or “wallet”), RockItCoin kiosks (“Bitcoin Transaction Machine”, “BTM”, or “kiosk”) and all other goods or services (collectively, the “Services”) described herein or otherwise offered or provided by RockitCoin LLC, or its subsidiaries, divisions, and affiliates (“RockItCoin”, “we”, “our”, or “us”).

 

RockItCoin offers the Services, including all information, tools, services, goods, and products available through the Services, to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before using our Services or making any transaction, order, or purchase. By making any transaction, order, or purchase or by visiting or otherwise using our Services, you acknowledge, accept, and agree to be bound and abide by these Terms. You also acknowledge, agree, and consent to our Privacy Policy which is incorporated herein by reference. Protecting your privacy is very important to RockItCoin. Accordingly, please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. If you do not agree to these Terms or our Privacy Policy, then accessing the Services is strictly prohibited, and you must immediately exit.

 

By using the Services, you agree that you are at least the legal age of majority in the jurisdiction in which you reside. The Services are only offered and available to users who are at least eighteen (18) years of age or older. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

 

We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Services. It is your responsibility to check periodically for any changes we may make to these Terms.

 

At our sole discretion we may modify or discontinue any or all of the Services or limit your access to the Services at any time, without notice to you.  RockItCoin shall not be liable to you or any third party for any modification, limitation, or termination of Services to you.

 

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICES, ARE LEGALLY BINDING, LIMIT ROCKITCOIN’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY ROCKITCOIN AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICES AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICES.

 

This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version shall control.

 

Identity Verification

By using our Services, you acknowledge and agree that we may be required to positively verify your identity.  Accordingly, you agree that to use certain Services you will provide the requested personal information including, but not limited to, any or all of the following: your name, address, telephone number, email 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 identity or take actions at our discretion, including but not limited to engaging third parties, to verify your identity. Any information you provide to us to verify your identity will be handled in accordance with our Privacy Policy. You authorize such third parties to which such inquiries may be directed to fully respond to such inquiries.

 

You further represent and warrant that any information you provide to RockItCoin is accurate and authentic and agree to update any information as necessary. It is a condition of your use of the Services that all the information you provide on the Services are correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

RockItCoin Services

RockItCoin Account.  The RockItCoin Account (the “account”) represents our relationship with you.  You understand we do not hold funds or cryptocurrencies 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 responsible for your funds.  The account is our way of identifying you as a customer.  In order to use the RockItCoin mobile app, the kiosk or private party transactions, you must have an account.  Registering for an account requires proper identification and validation.  Upon successful completion of the registration process, we will assign a customer number, which will identify you within our customer lists.  We may, in our sole discretion, refuse to allow you to establish a RockItCoin Account.

 

RockItCoin Crypto Purchase and Sale.  When buying or selling cryptocurrency at RockItCoin, subject to applicable limits, you are buying from or selling to RockItCoin directly.  You further represent and warrant that RockItCoin is buying from or selling to you directly.  You understand RockItCoin does not act as an intermediary or exchange between buyers and sellers of cryptocurrency and does not facilitate third party transfers.  You warrant the cryptocurrency wallet you utilize in a transaction with us is under your ownership and control.  You understand and agree that RockItCoin cannot accept any transfer instructions from you except in connection with the OTC program described below.

 

RockItCoin Wallet.  The RockItCoin Wallet mobile app provides a way for you to hold, track, transfer, and manage your cryptocurrency and interact with our kiosks.  You understand this wallet is not a requirement for our Services and you may, at your own choosing, use any compatible wallet available.  If you utilize the RockItCoin wallet, you understand RockItCoin is not holding your cryptocurrencies on your behalf.  You understand that RockItCoin will not have access to your “private keys” that contain the encryption codes necessary to access your account, and you should not provide such private keys to RockItCoin (RockItCoin will never ask you for your private keys).  You understand you alone have complete control over the wallet and its contents and that RockItCoin will never be able to help recover, obtain, or otherwise control any part of the wallet.

 

RockItCoin Go. RockItCoin Go is a service within the RockItCoin Wallet mobile app that allows you to purchase cryptocurrency and pay for the purchase with a cash load via the Green Dot Network. After agreeing to purchase the cryptocurrency within the RockItCoin Wallet mobile app, you can choose one of 16,000 participating retailers on the Green Dot Network and receive a barcode to scan at your selected retail location. Upon scanning the barcode at the location, you can then make a cash payment that will load to the RockItCoin Wallet mobile app and pay for the cryptocurrency purchased. Daily and monthly transaction limits will apply.

 

RockItCoin Mobile Messaging Program.  When you use RockItCoin mobile app or other Services, you may be required to receive SMS messages related to transactions you are performing (“Essential Messages”). Because these messages are a required part of providing the Services to you, you cannot opt out of receiving them.

 

When you use RockItCoin mobile app or other Services, you may also have the option to sign up to receive SMS messages for informational, marketing, and other purposes (“Optional Messages”). You can cancel the SMS service for Optional Messages at any time. Just text “STOP” or “Stop2End” to the short code. After you send the SMS message “STOP” or “Stop2End” to us, we will send you an SMS message to confirm that you have been unsubscribed.  After this, you will no longer receive Optional SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending Optional SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].

 

By opting-in to receive Optional Messages, you agree to receive autodialed or prerecorded mobile messages at the phone number associated with your opt-in. However, while you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of RockItCoin’s mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. Messages are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with your use of the Services. RockItCoin and the carriers are not liable for delayed or undelivered mobile messages.

 

We endeavor to comply with all applicable telemarketing laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”), Florida Telemarketing Act, and Florida Do Not Call Act. For purposes of compliance, you agree that we may assume that you are a resident of a certain state if, for example, a mailing address provided by you is located in that state or the area code for your phone number is an area code for that state. You agree that the requirements of a state’s telemarketing laws do not apply to you, and you shall not assert that you are resident of that state, if you do not meet either of the foregoing criteria or, in the alternative, do not affirmatively advise us in writing that you are a resident of the state by sending written notice to us. You further agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” (e.g., for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616)), “telephone solicitation” (e.g., for purposes of the TCPA and state laws such as the Utah Telephone and Facsimile Solicitation Act and Washington Commercial Telephone Solicitation Act), or an otherwise unsolicited call or message that is subject to a telemarketing law, to the extent such laws are relevant and applicable.

 

If you have any questions about your text plan or data plan, it is best to contact your wireless provider.  If you have any questions regarding privacy, please read our Privacy Policy.

 

Buying and Selling Crypto.  A RockItCoin Account is required to transact.  When buying or selling cryptocurrency at RockItCoin, a “buy price” or a “sell price” will be displayed.  This is the price, quoted in local currency, that RockItCoin is willing to either buy cryptocurrency from you or sell cryptocurrency to you. You understand that this price is determined solely by RockItCoin, may include certain markups or fees imposed by RockItCoin, and may differ from the price for the same cryptocurrency offered on alternative exchanges.  You understand the price of cryptocurrency is dynamic and can fluctuate up until a transaction has occurred.  You understand and agree to accept the final displayed price as the sole conversion metric, and that your election to complete a transaction constitutes your consent to such price.  You understand once you agree to a transaction, you cannot cancel, reverse, or change the instructions. For more information about RockItCoin’s pricing of crypto assets, see our Pricing and Fee Disclosures.

 

Private Party (OTC).  A RockItCoin Account is required to facilitate a private party transaction.  You will be required to disclose source of funds and the originating bank account of the funds.  You understand and agree RockItCoin is under no obligation to accept or execute a private party transaction and can at its sole discretion decline to facilitate one.  Upon agreeing on a conversion price, you understand and agree to accept price as the sole conversion metric and promptly transmit funds to RockItCoin via bank wire or ACH transfer.  You acknowledge and agree that RockItCoin may impose transaction fees on any private party transfer, and you agree that your election to complete a private party transfer constitutes your consent to pay such fees. You understand once you agree to a transaction, you cannot cancel, reverse, or change the instructions.

 

Refunds.  Cryptocurrency transactions are irreversible.  You understand and agree that RockItCoin is not responsible for issuing refunds of any kind or amount regardless of whether you were the victim of a fraud, the loss of a private key, or any other mistake. You agree to assume sole responsibility for any losses you incur as a result of fraud or mistake.

 

Taxes.  You are aware transactions may be subject to taxation by federal, state, or local authorities.  You understand and agree it is your sole responsibility to determine whether and to what extent taxes may or may not apply to your transactions. You agree that RockItCoin is not responsible for calculation, withholding, or payment of any taxes which may be owed by you as a result of using the Services.

 

Transaction Confirmations.  You are aware each cryptocurrency transaction must be confirmed on its own network or blockchain.  You understand and agree RockItCoin is not responsible for any confirmation delays and is not liable for any damages this may cause.

 

Risks.  Crypto assets are not insured by the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC) or any other public or private insurer, including against cyber theft or theft by other means. Cryptocurrency activity is not a regulated activity in many states, and where the activity is regulated, such regulations are subject to change by government authorities and regulators at any time. You are solely responsible for ensuring that you comply with any such laws and regulations that may apply to you. You understand trading or holding cryptocurrencies can cause substantial losses.  You understand the value of cryptocurrencies can fluctuate rapidly, fall significantly, or become worthless and that RockItCoin has no control over the loss of value of any cryptocurrency.  You understand the loss of a wallet private key can prevent you from ever accessing your cryptocurrencies and you further understand and agree it is your sole responsibility for protecting any private keys in your control.  By using the Services, you agree that you have reviewed the risks inherent in cryptocurrency transactions (including the State Disclosures section below), and otherwise have informed yourself regarding the activity you intend to engage in on the Services. You agree RockItCoin is not responsible for any cryptocurrency loss you may suffer, including changes in valuation, theft, or loss of wallet control.

 

Right to Amend the Services and Suspend Use. We reserve the right to withdraw or amend our Services at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. We further reserve the right to suspend or cancel any purchases or sales of cryptocurrency or any other use of the Services where we have reason to believe the transaction involves prohibited uses, including but not limited to money laundering, terrorist financing, fraud, financial crimes, or any other Prohibited Business or Prohibited Use (defined herein) or in compliance with an injunction, court order, or any governmental order.  You understand and agree RockItCoin is not responsible for any alleged damages that might arise from a suspended or cancelled purchase or sale of cryptocurrency.

 

Unauthorized Transactions and Errors. You are solely responsible for ensuring the security of your RockItCoin account and wallet and for verifying the accuracy of any transactions engaged in using the RockItCoin mobile app or our Services. You agree that RockItCoin will not monitor the use of your wallet for unauthorized or inaccurate transactions and agree that you assume full responsibility for any loss arising from any transaction involving your wallet which you allege is unauthorized or inaccurate.

 

General Use

Ownership of the Services and Limited License. The Services and their entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by RockItCoin, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible. We grant you a limited, revocable, nonexclusive, nontransferable license, subject to the terms of these Terms, to access and use the Services and the Content solely for informational, transactional, or other approved purposes as permitted by RockItCoin from time to time. You understand and agree that any other use of the Services or Content is expressly prohibited.

 

All other rights in the Services or Content are reserved by us and our licensors, if applicable. We reserve all rights in the Services and Content and you agree that, except for the foregoing express, limited license, these Terms do not otherwise transfer any title, right, or interest in, or grant you any license to, the Services or the Content. Accordingly, you will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the Services or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Services or Content (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. If you violate any portion of these Terms, your permission to access and use the Services may be terminated at our sole and absolute discretion. In addition, we reserve the right to all remedies available at law and in equity for any such violation.

 

RockItCoin owns and uses several trademarks on the Services, including but not limited to “rockitcoin.com” and “RockItCoin”, and all names, logos, product and service names, designs, and slogans related to the Services or displayed on the Site, RockItCoin mobile app, or kiosks. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners. You may not copy, imitate, or use such marks without RockItCoin’s prior written consent.

 

Accuracy.  We intend to provide accurate and timely information on our Site, RockItCoin mobile app, and the Services.  However, such information may not always be accurate, complete, or current and may also include technical inaccuracies or typographical errors. Information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and services. Accordingly, you should verify all information before relying on it. All decisions based on information contained within the Services are your sole responsibility, and we shall have no liability for such decisions or for any reliance placed on any inaccurate, incomplete, or outdated materials or information by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. The Services may include content provided by third parties. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the RockItCoin, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the RockItCoin. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Customer Accounts and Assets. You hereby certify to us that any funds or crypto assets used by you in connection with the Services are either owned by you or that you are validly authorized to use such funds. In particular, you acknowledge that RockItCoin may not be a qualified custodian under applicable law, and you represent and warrant that your use of our Services is in compliance with any applicable requirements governing the maintenance and use of fiduciary accounts and custodial assets.

 

Export Controls and Sanctions.  RockItCoin is based in the United States. Accordingly, Services are subject to United States laws and regulations, and we make no claims that the Services or any of its Content are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You further represent and warrant that your use of the Services will comport with any and all requirements of United States law. Without limiting the foregoing, you may not acquire or otherwise engage in cryptocurrency transactions using any of the Services if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime; or (2) you intend to supply the acquired cryptocurrency or any of our Services to Russia, Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.

 

Keeping Your Contact Information Current.  You understand and agree it is your responsibility to provide us with an e-mail address, telephone number, and any other contact information we request that is true, accurate, and complete and to keep such information up to date in your account profile.  You understand and agree that if RockItCoin sends you a communication based upon your contact information, we will have deemed to have provided you the communication regardless of whether or not you received it.  Information can be updated by sending an email to [email protected] or through your account.

 

Account Security. By using our Services, you understand and agree that you are solely and fully responsible for all activities that occur in connection with your account, wallet, or the Services, and for maintaining the confidentiality and adequate security and control of any IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes or information that you use to access the Services. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your account credentials or other security information and that RockItCoin may assume that any transaction, order, purchase, or communications it receives through your account have been made by you unless RockItCoin receives prior notice otherwise.

 

You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account, and who is of the age of majority.

 

We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. RockItCoin expressly disclaims any liability from misuse of your account, and we assume no responsibility for any loss due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you.

 

BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR PASSWORD, IDENTIFICATION, OR OTHER INFORMATION, WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICES ARE ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, ORDERS, PAYMENTS, FINANCIAL TRANSACTIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.

 

You also agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. In the event you believe your RockItCoin Account information has been compromised, contact RockItCoin Support immediately at [email protected].

Prohibited Business and Prohibited Use

In connection with your use of the Services, you agree and represent you will not engage in any Prohibited Business or Prohibited Use as defined herein. We reserve the right at all times to monitor, review, retain or disclose any information as necessary to satisfy any applicable rule, law, regulation, legal process or governmental request. We reserve the right to cancel or suspend your RockItCoin Account or access to RockItCoin mobile app immediately and without notice if we determine, in our sole discretion, that your account is associated with Prohibited Use or a Prohibited Business.

 

By opening a RockItCoin Account, you understand and agree that the following non-exhaustive list of businesses, business practices, and sale items are barred from the Services (each a “Prohibited Business”) and that you will not use our Services to facilitate or assist in the operation of any of the following or any similar activity:

 

  • Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler’s checks, and escrow services
  • Counterfeit products or any product or service that infringes upon the copyright, trademark, patent, or trade secrets of any third party
  • Stolen goods
  • Narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs
  • Gambling
  • Sports forecasting or odds making
  • Prostitution or illegal escort services
  • Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same
  • Funding any of the items included on this Prohibited Business list
  • Extortion, blackmail, or efforts to induce unearned payments
  • Unlicensed sale of firearms and certain weapons
  • Engaging in deceptive marketing practice
  • Any business that violates any law, statute, ordinance or regulation

 

You are further prohibited from using your RockItCoin Account to engage in any of the following categories of activity or any related or similar activity (each a “Prohibited Use”):

 

  • Violate or assist any party in violating any law, statute, ordinance, or regulation, including but not limited to any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, or consumer protections);
  • Partake in a transaction which involves the proceeds of any unlawful activity;
  • Defraud or attempt to defraud RockItCoin or other RockItCoin users;
  • Infringe upon RockItCoin’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 the RockItCoin Services;
  • Defame, abuse, harass, stalk, threaten, or otherwise violate 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 material or information;
  • Transmit or upload any material to the RockItCoin website that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
  • Harvest or otherwise collect information from the RockItCoin website about others, including without limitation email addresses, without proper consent;
  • Act as a payment intermediary or aggregator or otherwise resell any of the Services, unless expressly authorized by RockItCoin in writing;
  • Transfer any rights granted to you under these Terms;
  • Use the RockItCoin Account information of another party to access or use the Services, except when specifically authorized by a user to access such user’s RockItCoin Account and information;
  • Otherwise attempt to gain unauthorized access to the Services, other RockItCoin Accounts, computer systems or networks connected to the RockItCoin Site, through password mining or any other means;
  • Engage in transactions involving items that infringe or violate any copyright, patent, trademark, right of publicity or privacy or any other proprietary right under the law.

 

Linked Sites

The Services may provide links to other third-party websites (“Linked Sites”). RockItCoin has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. RockItCoin is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by RockItCoin of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of RockItCoin. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. RockItCoin makes no representation or warranty as to any Linked Site content, products, or services, and you agree that RockItCoin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.

 

AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

 

User Contributions

The Services may now or in the future contain interactive features that allow users to post, submit, publish, display, or transmit to RockItCoin, their own or other users’ or other persons’ content or materials (collectively, “User Contributions”) on or through the Services. Other than personally identifiable information, which is subject to our Privacy Policy, any such User Contributions, including but not limited to any creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit or post to or through this Services in any manner, is and will be considered non-confidential and non-proprietary. All User Contributions must comply with the Content Standards set out in these Terms.

 

Your User Contributions may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. All User Contributions may be retained by us indefinitely, even after you terminate your account. By submitting any User Contributions, you grant to RockItCoin a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Contributions in any manner, including to create derivative works, without any compensation or notice to you. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, transmit, publish, broadcast, develop, manufacture, market, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose whatsoever. RockItCoin will have no liability related to any User Contributions.

 

You further represent and warrant that:

 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the RockItCoin, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
  • We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

We have the right to:

 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the RockItCoin.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS ROCKITCOIN AND ITS AFFILIATES, LICENSEES, AND SERVICES PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

We cannot review all material before it is posted on or through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

 

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Be posted through a false email address, while pretending to be someone other than yourself, or under any other circumstances that could mislead us or third-parties as to the origin of any User Contribution.

 

Copyright Policy

RockItCoin complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

 

DMCA Takedown Notices

Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Site. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if RockItCoin has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for RockItCoin to determine the legitimacy of the signature and the identity of the signatory;
  2. Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RockItCoin to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
  4. Information reasonably sufficient to permit RockItCoin to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”

RockItCoin Copyright Agent

Losey PLLC

1420 Edgewater Drive

Orlando, FL 32804

407-906-1605

[email protected]

 

Please note if any notification of claimed infringement does not meet the above requirements, RockItCoin has no responsibility to respond to or act on any such defective notification of claimed infringement.

 

DMCA Counter Notification

If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA.  It must include the following, which includes a certification made under penalty of perjury:

 

  1. Your physical or electronic signature, as well as information sufficient for RockItCoin to determine the legitimacy of the signature and the identity of the signatory;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the District of Delaware, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.

 

Any such counter notification must be sent to:

RockItCoin Copyright Agent

Losey PLLC

1420 Edgewater Drive

Orlando, FL 32804

407-906-1605

[email protected]

 

Termination of Services

RockItCoin may, at its sole discretion: (a) suspend, restrict, or terminate your access to any or all of the Services, or (b) deactivate or cancel your RockItCoin Account or RockItCoin mobile app if:

 

  • We are so required by a valid injunction, other court order, or order of a government authority;
  • We have reason to believe you are using your account or wallet in connection with Prohibited Business or Prohibited Use;
  • We are notified that your account or wallet is the subject of or subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity;
  • We unable to support your use; or
  • We have reason to believe that you are circumventing RockItCoin’s controls and regulatory requirements, including, but not limited to, structuring transactions to avoid reporting requirements, opening multiple accounts, wallets, or abusing promotions which RockItCoin may offer from time to time.

 

If you choose to terminate your account, wallet, or access to the Services, you will not be charged and will only be required to pay for those Services used that are subject to charges.  You understand and agree you will remain liable for any Services until we have reached a conclusion satisfactory to us.

 

Service Providers

From time to time, RockItCoin may engage third parties to assist RockItCoin in providing certain aspects of the Services (each, a “Service Provider”). Service Providers are engaged in accordance with our Privacy Policy and may include, but are not limited to, RockItCoin’s banking partners and technology or engineering service providers.

 

Disclaimers and Limitations of Liability.

IN NO EVENT SHALL ROCKITCOIN, ITS AFFILIATES  OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, SUCCESSORS, ASSIGNS, PARTNERS, REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY INFORMATION OR MATERIALS ON THE SERVICES, ANY LINKED SITES, OR THE MATERIALS, INFORMATION, OR SERVICESS CONTAINED AT ANY OR ALL SUCH LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES ARE TO STOP USING THE SERVICES. MOREOVER, IN THE EVENT OF ANY PROBLEM OR DISSATISFACTION WITH THE PRODUCT THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURN POLICY POSTED ON THE SERVICES. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICES.

 

ADDITIONALLY, IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE ROCKITCOIN SERVICES, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE ROCKITCOIN, ITS AFFILIATES  OR SERVICE PROVIDERS, AND ANY OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, SUCCESSORS, ASSIGNS, PARTNERS, REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. MOREOVER, TO THE EXTENT PERMITTED BY LAW, BY ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

 

YOUR USE OF THE SERVICES ARE AT YOUR RISK. THE ROCKITCOIN SERVICES AND ALL OTHER SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ROCKITCOIN SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICES AND ALL OTHER SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF TITLE, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED THROUGH THE SERVICES.

 

WE ARE NOT RESPONSIBLE FOR ANY CYRPTOCURRENCY MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF ANY CRYPTOCURRENCY AS DENOMINATED IN ANY QUOTED CURRENCY. ALTHOUGH WE MAY PROVIDE HISTORICAL OR REAL-TIME DATA REGARDING THE PRICE OF CRYPTOCURRENCIES, WE MAKE NO REPRESENTATIONS REGARDING THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF SUCH DATA, AND YOU SHOULD NOT RELY ON SUCH DATA FOR ANY REASON WHATSOEVER. YOU UNDERSTAND AND AGREE THAT THE VALUE OF CRYPTOCURRENCIES CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY HOLDING OR TRADING CRYPTOCURRENCIES, EVEN IF THE ROCKITCOIN SERVICES ARE DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON. FURTHER, ROCKITCOIN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICES (OR ANY PART THEREOF). ROCKITCOIN WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR BUYS AND SELLS ARE PROCESSED IN A TIMELY MANNER, BUT ROCKITCOIN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE THE ROCKITCOIN SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL.   WE FURTHER DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICES. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICESS (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICES AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICESS THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICES. THE MATERIALS ON THE SERVICES MAY BE OUT OF DATE, AND ROCKITCOIN MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. ROCKITCOIN MAKES NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE SERVICES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, ROCKITCOIN HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. ROCKITCOIN MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

 

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW. MOREOVER, WHERE APPLICABLE LAW LIMITS THE EFFECTIVENESS OF THIS SECTION, THIS SECTION APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.

 

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

 

Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless RockItCoin and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Services, including use of any good, product, or service purchased through the Services, (b) violation of these Terms by you, including any misrepresentations made by you in connection with your use of the Services (c) your violation of any law or the rights of a third-party, and (d) the acts or omissions of any other user or third-party. If you fail to promptly indemnify and defend a covered claim, RockItCoin shall have the right to defend itself, and in such case, you shall promptly reimburse RockItCoin for all of its associated costs and expenses. RockItCoin reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

 

RockItCoin Complaint Procedure

Unless otherwise prohibited by law, if you experience any issues with or a dispute otherwise arises out of your use or access of the Services, you acknowledge and agree to follow the Complaint Procedure outlined below before instituting any arbitral or other legal or dispute resolution proceedings against RockItCoin pursuant to these Terms. You understand and agree that failure to comply with this section may be used as evidence of your unwillingness to reasonably settle an issue or dispute with us.

 

Complaints. To make a formal complaint, please email [email protected] or write us at RockItCoin, LLC, 325 West Huron Street, Suite 310, Chicago, IL 60654 and provide information on the cause of your complaint and any supporting documentation related thereto. Please also include a statement of how you would like your complaint resolved.  You understand and agree that an incomplete complaint will not be considered.  Your fully compliant complaint will be acknowledged and reviewed on a timely basis.  After the review is complete but no later than 21 days after our receipt of your complaint, you will receive an e-mail (the “Resolution Notice”) in which we will either (i) offer to resolve your complaint in the way you requested; (ii) reject your complaint and address the reasons for the rejection; or (iii) offer to resolve your complaint with an alternate method.  Upon your receipt of the Resolution Notice, you must accept or reject the offer per the instructions contained in the Resolution Notice.  Failure to properly respond will be deemed to be a withdrawal of the complaint.

 

Appeals. In the event that you reject an offer or determination issued by us in response to your complaint, please set out the reasons for your rejection and include all additional information that you believe is pertinent to your complaint. Any such rejection will be treated as an application to appeal the offer or determination set out in the Resolution Notice. Our Customer Appeals Committee (“Appeals Committee”) will then consider your complaint and any additional information provided. We will acknowledge your appeal within 10 business days.  Within four weeks of our receipt of your rejection, the Appeals Committee will address your complaint by sending you an e-mail (the “Final Notice”) in which the Appeals Committee will: (i) uphold the Resolution Notice; (ii) reject the Resolution Notice, or (iii) make a new offer to resolve the complaint. Upon receipt of the Final Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Final Notice.  Failure to respond to a Final Notice will be deemed to be a withdrawal of the complaint.

 

Offers. Any offer made in response to a complaint will only become binding on RockItCoin if you accept the offer by following the instructions provided by RockItCoin within the stated timeframe. You understand and agree that any offer will not constitute any admission by RockItCoin of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court or institute any arbitral proceeding or other dispute resolution procedure against RockItCoin regarding the subject matter of the complaint.

 

Binding Arbitration of All Disputes; No Class Relief.

This section deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.

 

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any subscriptions or other purchases, transactions or relationships related to your use of the Services, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Transactions or Relationships with us, you agree to binding arbitration as provided below.

 

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:

 

  1. Single Arbitrator.

 

The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”).

 

  1. Arbitrator Will Interpret This Agreement.

 

The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms or these arbitration provisions, including but not limited to any claim that all or any part of these Terms is void or voidable.

 

  1. Location of Arbitration.

 

The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

 

  1. Governing Law.

 

The Arbitrator (i) shall apply internal laws of the State of Delaware consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Delaware or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.

 

  1. No Class Relief.

 

The Arbitration can resolve only your or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.

 

  1. Written Award.

 

The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.

 

  1. Arbitration Costs.

 

In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith.

 

  1. Reasonable Attorney’s Fees.

 

In the event you recover an Award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but we shall in all events bear our own attorneys’ fees.

 

  1. Interpretation and Enforcement of Arbitration Clause.

 

With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and the Dispute Resolution (Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law) section.

 

  1. Modification of Arbitration Clause With Notice.

 

We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from Transactions or Relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding Transactions or Relationships.

 

  1. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims.

 

Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

 

  1. Confidentiality of Arbitration.

 

You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or court order.

 

  1. Dispute Resolution (Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law)

 

This section applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with the previous section regarding arbitration.

 

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Services, the Content, these Terms or to any of our actual or alleged intellectual property rights (collectively, a “Non-Arbitration Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Non-Arbitration Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to: [email protected].

 

For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Non-Arbitration Dispute, though nothing will require either you or us to resolve the Non-Arbitration Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.

 

  1. Jurisdiction.

 

The parties agree that the state or federal courts in Delaware shall have non-exclusive jurisdiction of any Non-Arbitration Dispute.

 

  1. Governing Law.

 

To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Non-Arbitration Dispute arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of Delaware without regard to its conflicts of law provisions.

 

iii. Injunctive Relief.

 

The foregoing provisions of this section will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, your User Contribution or our intellectual property rights (including such as we may claim may be in dispute), our operations, or our products or services.

 

Additional Terms

The failure of RockItCoin to enforce any term or condition set out in these Terms shall not be deemed a waiver of such term or condition or a waiver of any other term or condition. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of our Terms.

 

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

These Terms and our Privacy Policy constitute the sole and entire agreement between you and RockItCoin regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. You may be subject to additional terms and conditions when you purchase products or participate in other promotions.

 

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RockItCoin without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the 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.  In the event that RockItCoin 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.

 

RockItCoin is an independent contractor for all purposes. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and RockItCoin to be treated as partners, joint venturers, or joint associates for profit, or as one another’s agents.

 

By accessing the Services, you agree that the laws of the United States and the State of Delaware without regard to conflicts of laws principles, will apply to these Terms and all matters relating to the Services.

 

Subject to the arbitration provisions and complaint procedures outlined above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Delaware and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

 

You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these Terms, or other Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

We may provide you information regarding your account and the Services in electronic form only. You agree that such notices and other communications sent electronically satisfy any legal communication requirements, including that requirements must be in writing. We prefer receiving notices to RockItCoin electronically through our support system at [email protected]. You may also write or call us at the address and phone number given in the Contact RockItCoin section below.

 

All provisions of these Terms which by their nature extend beyond the expiration or termination of the Terms, including, without limitation, sections pertaining to suspension or termination, RockItCoin Account cancellation, debts owed to RockItCoin, general use of the Services, disputes with RockItCoin, and general provisions, shall survive the termination or expiration of these Terms.

 

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 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.

 

State Disclosures

In addition to the risks previously discussed in these Terms, please also take note of the following risks and disclosures:

 

Notice for Alaska Residents. If your issue is unresolved by RockItCoin, LLC (1-888-702-4826), you may submit formal complaints with to the Alaska Department of Commerce, Community and Economic Development, Division of Banking and Securities. You may download the division’s complaint form at:

https://www.commerce.alaska.gov/web/portals/3/pub/DBSGeneralComplaintFormupdated.pdf

and submit your complaint form with supporting documents to:

Alaska Department of Commerce, Community, and Economic Development

Attn: Division of Banking and Securities

550 W. 7th Avenue, Suite 1850

Anchorage, Alaska 99501

 

If you have questions regarding formal complaints, you may also email the division at [email protected] or call Nine Zero Seven Four Six Five Two Five Two One.

 

Notice for California Residents. Our cryptocurrency services are not regulated by the California Department of Business Oversight.

 

Notice for Louisiana Residents. If you are a resident of Louisiana, please note the following:

  • Virtual currency is not legal tender in the United States, is not backed by the United States government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections.
  • Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the value of virtual currency.
  • Transaction in virtual currency may be irreversible, and accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
  • Some virtual currency transactions may be immediately effective when recorded on a public ledger, which is not necessarily the date or time that the resident initiates the transaction.
  • The value of virtual currency may be derived from the continued willingness of market participants to exchange legal tender for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency if the market for the virtual currency declines or collapses for an extended period of time.
  • Any surety bond required by Louisiana’s Virtual Currency Businesses Act for the benefit of residents may not be sufficient to cover all losses incurred by the residents.
  • The residents should perform research before purchasing or investing in virtual currency.
  • In the ordinary course of business, RockItCoin may disclose a resident’s financial and account information to third parties under the following circumstances:
    • When compelled to do so by a subpoena, court order, or similar legal procedure; or
    • When compelled to do so under applicable regulatory obligations; or
    • When you have given consent or direction to do so.

 

Notice for New York Residents.  If you are a resident of New York or have used a kiosk or similar machine in the State of New York and wish to contact the New York Department of Financial Services, you can do so by visiting their website at https://www.dfs.ny.gov/complaint, writing them at New York State Department of Financial Services, 1 State Street, New York, NY 10004-1511, or contacting them by phone at (800) 342-3736.

Please also note:

  • virtual currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections;
  • legislative and regulatory changes or actions at the State, Federal, or international level may adversely affect the use, transfer, exchange, and value of virtual currency;
  • transactions in virtual currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
  • some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction;
  • the value of virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that virtual currency disappear;
  • there is no assurance that a person who accepts a virtual currency as payment today will continue to do so in the future;
  • the volatility and unpredictability of the price of virtual currency relative to fiat currency may result in significant loss over a short period of time;
  • the nature of virtual currency may lead to an increased risk of fraud or cyber attack;
  • the nature of virtual currency means that any technological difficulties experienced by the licensee may prevent the access or use of a customer’s virtual currency; and
  • any bond or trust account maintained by the licensee for the benefit of its customers may not be sufficient to cover all losses incurred by customers.

 

Notice for Rhode Island Residents.

If you are a resident of Rhode Island, please note the following:

  • Information on fees and pricing can be found on the Pricing and Fee Disclosures Page.
  • Your crypto assets are not insured or guaranteed by the FDIC, Securities Investor Protection Corporation (SIPC) or any other public or private insurer, including against cyber theft or theft by other means.
  • The transfer, purchase and sale of cryptocurrency is irrevocable. Accordingly, you may not stop a pre-authorized payment or revoke authorization for a transfer.
  • Information about unauthorized transactions and error-resolution can be found in the Unauthorized Transactions and Errors section of these Terms.
  • You may update your contact information through your personal RockItCoin Account.
  • The date or time when a transaction is executed and your funding device is charged may differ from the date or time when you provided the instruction to authorize the transaction.
  • You will receive an email receipt with respect to your purchase and sale of cryptocurrency.
  • You have the right to at least thirty (30) days’ prior notice of a change in our fee schedule or changes to these terms and conditions.
  • Cryptocurrency is not legal tender.

 

Notice for Washington Residents.

If you are a resident of Washington, please note the following:

  • Information on fees and pricing can be found on the Pricing and Fee Disclosures Page.
  • Your crypto assets are not insured or guaranteed by the FDIC, Securities Investor Protection Corporation (SIPC) or any other public or private insurer, including against cyber theft or theft by other means.
  • The transfer, purchase and sale of cryptocurrency is irrevocable.
  • Information about unauthorized transactions and error-resolution can be found in the Unauthorized Transactions and Errors section of these Terms.
  • The nature of cryptocurrency may lead to an increased risk of fraud or cyber-attack, and your cryptocurrency value may be irretrievably stolen.

 

Contact Us

If you have any other feedback, questions, or concerns, please contact us via our Customer Support email address at [email protected], write us at RockItCoin, LLC, 325 West Huron Street, Suite 310, Chicago, IL 60654, or call us at 1-888-702-4826. Please provide your name, address, and any other information we may need to identify you, your RockItCoin Account, and the transaction or matter about which you have feedback, questions, or concerns.