This is a contract between you and Huge Prestige, LLC. ("Crypto Booster"). By signing up to use an account through cryptobooster.io or any associated websites, APIs, or mobile applications (collectively the "Crypto Booster Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Terms of Service, as well as our Privacy Policy.
Last updated: August 1, 2018
1.1. Eligibility. To be eligible to use the Crypto Booster Services, you must be at least 18 years old.
1.2. Crypto Booster Services. Your Crypto Booster account ("Crypto Booster Account") encompasses the following Crypto Booster services: Crypto Booster will, according to the settings specified by the user and on behalf of the user, attempt to perform MARKET SELL and/or MARKET BUY orders on cryptocurrency exchanges such as Binance, using the user's cryptocurrency exchange account in conjunction with corresponding API keys supplied by the user; Crypto Booster uses settings specified by the user to determine which cryptocurrencies to buy or sell on behalf of the user the "Rebalancing & Diversification Services"); Crypto Booster will attempt to place MARKET SELL and/or MARKET BUY orders, on cryptocurrency exchanges such as Binance, in order to achieve the portfolio settings specified by the user; Crypto Booster will attempt to perform these trades based on the schedule specified by the user; Crypto Booster will attempt to rebalance the user's portfolio into the specified cryptocurrencies using the specified allocation percentages. The risk of loss in trading or holding cryptocurrency can be substantial. You should therefore carefully consider whether trading or holding cryptocurrency is suitable for you in light of your financial condition.
2.1. Registration of Crypto Booster Account. In order to use the Crypto Booster Services, you will need to register for a Crypto Booster account (a "Crypto Booster Account"). During the registration process, we will ask you for information, such as your email address or other personal information. We may, in our sole discretion, refuse to open a Crypto Booster Account for you, or limit the number of Crypto Booster Accounts that you may hold.
2.2. Identity Verification. During registration of your Crypto Booster Account, you agree to provide us with the information we request for the purposes of identity verification. You will need to complete certain verification procedures before you are permitted to use the Crypto Booster Services. Your access to one or more Crypto Booster Services and the limits that apply to your use of the Crypto Booster Services, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further Crypto Booster Services and/or before permitting you to engage in transactions beyond certain volume limits. This includes authorizing your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Crypto Booster with your wireless operator account profile information for the duration of the business relationship.
3.1. In General. Eligible users in certain jurisdictions may use Crypto Booster to automatically buy and sell cryptocurrency on their behalf, using certain cryptocurrency exchanges such as Binance. Cryptocurrency markets are extremely volatile and as such, cryptocurrency conversion rates are constantly changing. Crypto Booster cannot and does not guarantee the conversion rates of any cryptocurrencies. Conversion rates refer to the price of a given cryptocurrency in terms of fiat currency or other cryptocurrencies.
Crypto Booster will attempt to execute MARKET SELL and/or MARKET BUY orders on cryptocurrency exchanges such as Binance, using the API keys supplied by you, the user. Crypto Booster may attempt to place many MARKET SELL and/or MARKET BUY orders for a variety of different cryptocurrencies in order to rebalance and diversify the the cryptocurrencies in your cryptocurrency exchange account. These orders will be placed based on the settings specified by you, the user, while using the Crypto Booster Services. Crypto Booster may, if specified by you, attempt to perform these orders on a regular schedule on your behalf.
Crypto Booster attempts to rebalance and diversify your cryptocurrency portfolio into the "top performing cryptocurrencies". Top performing cryptocurrencies refers to the largest cryptocurrencies by market capitalization according to the website, coinmarketcap.com. You, the user, specifiy the number of "top performing cryptocurrencies" you would like to rebalance and diversify your cryptocurrency portfolio into. You, the user, also specify the percent allocation each cryptocurrency should take up of your portfolio. Finally, you, the user, specify a schedule of when your cryptocurrency portfolio will be rebalanced and diversified.
Because cryptocurrency market capitalizations are extremely volatile and constantly changing, Crypto Booster may execute MARKET BUYS and/or MARKET SELLS for any cryptocurrencies supported by cryptocurrency exchanges such as Binance on your behalf. Crypto Booster will attempt to sell, on your behalf, cryptocurrencies that do not fall into the "top performing cryptocurrencies" range or cryptocurrencies that take up a larger percent allocation of your portfolio, as specified by you, using MARKET SELL orders. Crypto Booster will attempt to buy, on your behalf, cryptocurrencies that do fall into the "top performing cryptocurrencies" range or cryptocurrencies that take up a smaller percent allocation of your portfolio, as specified by you, using MARKET BUY orders.
You acknowledge that the quoted price of any given cryptocurrency shown while using the Crypto Booster Services may not be 100% up to date or accurate. Depending on the cryptocurrency exchange where the order is posted, the MARKET SELL or MARKET BUY may fill at a price less favorable than the most recent trade price or the price given while using the Crypto Booster Services, in some cases significantly so. This is commonly referred to as ‘slippage’. The risk of loss in trading using MARKET BUY or MARKET SELL orders can be substantial. You should therefore carefully consider whether using the Crypto Booster Services are suitable for you in light of your financial condition.
Crypto Booster reserves the right to delay any orders if it perceives a risk of fraud or illegal activity. Crypto Booster does not guarantee the availability of its Rebalancing & Diversification Service. The act of using the Crypto Booster Services does not guarantee that cryptocurrencies purchased on your behalf can be sold again on any cryptocurrency exchange in the future.
3.2. Trade Fees. Each MARKET BUY and/or MARKET SELL order may be subject to a fee. Trading fees vary based on which cryptocurrency exchange is being used, as well as which cryptocurrencies are being exchanged. Crypto Booster is not liable for any fees incurred from MARKET BUY and/or MARKET SELL orders placed on your behalf. You, the user, are solely responsible for any fees incurred while using the Crypto Booster Services in conjunction with your preferred cryptocurrency exchange.
3.3. Reversals. You cannot reverse MARKET BUY and/or MARKET SELL orders that have already been performed on your behalf or fees that have been incurred from those orders.
3.4. Subscription Plans. If you sign up for a Crypto Booster subscription plan, you authorize Crypto Booster to initiate recurring electronic payments. Your recurring transactions will occur in identical, periodic installments, based on your period selection (e.g. monthly or yearly), until either you or Crypto Booster cancels the subscription plan. Crypto Booster may, at any time, terminate your subscription plan without providing notice to you.
3.4. One-Time Payments. If you make a "One-Time" payment for Crypto Booster, you authorize Crypto Booster to make one electronic payment of the specified amount in exchange for Crypto Booster service without reccuring electronic payments. In the unlikely event that Crypto Booster must shut down its business or services, Crypto Booster will not provide a refund.
3.5. Payment Services Partners. Crypto Booster may use a third party payment processor to process any US Dollar payment between you and Crypto Booster, including but not limited to payments in relation to your use of the Crypto Booster Services.
3.4. Refunds. Crypto Booster does not provide refunds. All purchases are final.
4.1. Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Crypto Booster Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by Crypto Booster from time to time. Any other use of the Crypto Booster Site or Content is expressly prohibited and all other right, title, and interest in the Crypto Booster Site or Content is exclusively the property of Crypto Booster. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "CryptoBooster.io", "Crypto Booster", and all logos related to the Crypto Booster Services or displayed on the Crypto Booster Site are either trademarks or registered marks of Crypto Booster or its licensors. You may not copy, imitate or use them without Crypto Booster's prior written consent.
4.2. Website Accuracy. Although we intend to provide accurate and timely information on the Crypto Booster Site, the Crypto Booster Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, 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, and all decisions based on information contained on the Crypto Booster Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Crypto Booster Site,
4.3. Third-Party Applications. If, to the extent permitted by Crypto Booster from time to time, you grant express permission to a third party to access or connect to your Crypto Booster Account, either through the third party's product or service or through the Crypto Booster Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Crypto Booster Account. Further, you acknowledge and agree that you will not hold Crypto Booster responsible for, and will indemnify Crypto Booster from, any liability arising out of or related to any act or omission of any third party with access to your Crypto Booster Account.
4.4. Prohibited Use. In connection with your use of the Crypto Booster Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Crypto Booster Account and/or block transactions immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
4.5. Suspension, Termination, and Cancellation. Crypto Booster may: (a) suspend, restrict, or terminate your access to any or all of the Crypto Booster Services, and/or (b) deactivate or cancel your Crypto Booster Account if:
We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
We reasonably suspect you of using your Crypto Booster Account in connection with a Prohibited Use or Business; or
Use of your Crypto Booster Account is 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; or
Our service partners are unable to support your use; or
You take any action that Crypto Booster deems as circumventing Crypto Booster's controls, including, but not limited to, abusing promotions which Crypto Booster may offer from time to time.
You breach our Behavior Policy
If Crypto Booster suspends or closes your account, or terminates your use of Crypto Booster Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Crypto Booster from providing you with such notice. You acknowledge that Crypto Booster's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Crypto Booster's risk management and security protocols. You agree that Crypto Booster is under no obligation to disclose the details of its risk management and security procedures to you.
4.6. Relationship of the Parties. Crypto Booster is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Crypto Booster to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Crypto Booster to be treated as the agent of the other.
4.7. Privacy of Others; Marketing. If you receive information about another user through the Crypto Booster Services, you must keep the information confidential and only use it in connection with the Crypto Booster Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the Crypto Booster Services.
4.8. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Crypto Booster Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Crypto Booster Account by third-parties and the loss or theft of any cryptocurrency and/or funds held in your cryptocurrency accounts and any associated accounts. You are responsible for keeping your email address up to date in your Crypto Booster Account in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Crypto Booster and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Crypto Booster Account information has been compromised, contact Crypto Booster Support immediately at team@cryptobooster.io.
4.9. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Crypto Booster Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your preferred cryptocurrency exchanges that you use in conjunction with Crypto Booster.
5.1. Contact Crypto Booster. If you have any feedback, questions, or complaints, contact us via our Customer Support email address at team@cryptobooster.io. When you contact us please provide us with your name, email address, and any other information we may need to identify you, your Crypto Booster Account, and the transaction on which you have feedback, questions, or complaints. If you believe your account has been compromised, please email team@cryptobooster.io immediately.
5.2. Arbitration; Waiver of Class Action. If you have a dispute with Crypto Booster, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) and you and Crypto Booster hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees.
Each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this section 7.2 is invalid or unenforceable, that provision shall be severed and the other parts of this section 7.2 shall still apply. In any case, the remainder of this User Agreement, will continue to apply.
6.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Crypto Booster. Always log into your Crypto Booster Account through the Crypto Booster Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
6.2. Bad Actors. We shall not bear any liability, whatsoever, for any damages or interruptions, financial or otherwise, caused by persons with malicious intent or so called, bad actors, that attempt to hack or steal sensitive data from Crypto Booster. In the event that Crypto Booster suffers a data breach, we are not responsible for any financial losses incurred. Crypto Booster provides its services AS IS. Your use of the Crypto Booster Services is AT YOUR OWN RISK.
6.3 Earnings Disclaimer. Every effort has been made to accurately represent the Crypto Booster Services. There is no guarantee that you will earn any money using Crypto Booster. The risk of loss in trading or holding cryptocurrency can be substantial. You should therefore carefully consider whether trading or holding cryptocurrency is suitable for you in light of your financial condition. Examples found in Crypto Booster materials are not to be interpreted as a promise or guarantee of earnings. Past performance of cryptocurrency markets is not indicative of future results. We cannot guarantee that you will make any money at all.
6.4 Not Financial Advice. Crypto Booster is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. The only purpose of Crypto Booster is to save you, the user, time by automating the process of rebalancing your and diversifying your cryptocurrency portfolio. Any information found on the Crypto Booster Site is provided for information purposes only. The information is not intended to be and does not constitute financial advice or any other advice, is general in nature and not specific to you. Before using the Crypto Booster, you should seek the advice of a qualified and registered financial professional and undertake your own due diligence. None of the information provided by Crypto Booster is intended as investment advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any cryptocurrency, security, company, or fund. Crypto Booster is not responsible for any investment decision made by you. You are responsible for your own investment research and investment decisions.
6.5. Risk Disclosure. There is a substantial amount of risk in trading, investing in, and/or holding cryptocurrencies, and the possibility exists that you can lose all, most or a portion of your capital. Crypto Booster does not, cannot and will not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. The cryptocurrencies displayed on the Crypto Booster Site may not be suitable for users depending on their specific investment objectives and financial condition. Any charts and back tests shown are meant for general informational purposes only and should not be interpreted as investment advice. Past performance of cryptocurrency markets is not indicative of future results.
6.6. Backtesting.The cryptocurrency charts and data shown on the Crypto Booster Site is pulled from websites such coinmarketcap.com and binance.com. All charts are generated using the aforementioned data. We do not claim that the historical performance of any crpytocurrencies or investment strategies will be indicative of future results. There will be substantial and possibly extreme differences between historical performance and future performance. Past performance is no guarantee of future performance.
6.7. Release of Crypto Booster; Indemnification. If you have a dispute with one or more users of the Crypto Booster services, you release Crypto Booster, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives 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. You agree to indemnify and hold Crypto Booster, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
6.8. Limitation of Liability; No Warranty. IN NO EVENT SHALL CRYPTO BOOSTER, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT OF CRYPTOCURRENCY IN YOUR CRYPTOCURRENCY EXCHANGE ACCOUNTS OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE CRYPTO BOOSTER SITE OR THE CRYPTO BOOSTER SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CRYPTO BOOSTER HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT CRYPTO BOOSTER FAILED TO PROCESS A MARKET BUY OR MARKET SELL ORDER PROPERLY, CRYPTO BOOSTER IS NOT LIABLE FOR ANY FINANCIAL LOSSES, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES RELATED TO THAT ORDER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE CRYPTO BOOSTER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRYPTO BOOSTER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. CRYPTO BOOSTER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE CRYPTO BOOSTER SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Crypto Booster makes no representations about the accuracy or completeness of historical cryptocurrency price data available on the Site.
IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 6.8 are intended to apply only to the extent permitted under New Jersey law.
6.9. Entire Agreement. This Terms of Service and the Privacy Policy, incorporated by reference herein comprise the entire understanding and agreement between you and Crypto Booster as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Crypto Booster. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
6.10. Amendments. We may amend or modify this Agreement by posting on the Crypto Booster Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the Crypto Booster Services, or suspension or termination of your access to the Crypto Booster Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.
6.11. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Crypto Booster affiliates or subsidiaries, or to any successor in interest of any business associated with the Crypto Booster 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.
6.12. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
6.13. Change of Control. In the event that Crypto Booster 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.
6.14. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Crypto Booster Account cancellation, debts owed to Crypto Booster, general use of the Crypto Booster Site, disputes with Crypto Booster, and general provisions, shall survive the termination or expiration of this Agreement.
6.15. Governing Law. You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Crypto Booster, except to the extent governed by federal law.
6.16. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
6.17. English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
6.18. Non-Waiver of Rights. This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
You may not use your Crypto Booster Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Crypto Booster Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at team@cryptobooster.io. By opening a Crypto Booster Account, you confirm that you will not use your Account to do any of the following:
Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Crypto Booster conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information
Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Crypto Booster Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Crypto Booster Site, other Crypto Booster Accounts, computer systems or networks connected to the Crypto Booster Site, through password mining or any other means; use Crypto Booster Account information of another party to access or use the Crypto Booster Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user's Crypto Booster Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Crypto Booster
Abuse Other Users: Interfere with another individual's or entity's access to or use of any Crypto Booster Services; defame, abuse, extort, 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; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Crypto Booster Site about others, including without limitation email addresses, without proper consent
Fraud: Activity which operates to defraud Crypto Booster, Crypto Booster users, or any other person; provide any false, inaccurate, or misleading information to Crypto Booster
Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance
Intellectual Property Infringement: 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, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Crypto Booster intellectual property, name, or logo, including use of Crypto Booster trade or service marks, without express consent from Crypto Booster or in a manner that otherwise harms Crypto Booster or the Crypto Booster brand; any action that implies an untrue endorsement by or affiliation with Crypto Booster
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Crypto Booster Services ("Prohibited Businesses"). Most Prohibited Businesses categories are imposed by Card Network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Crypto Booster Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at team@cryptobooster.io.
By opening a Crypto Booster Account, you confirm that you will not use Crypto Booster Services in connection with any of following businesses, activities, practices, or items:
Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes
Restricted Financial Services: Check cashing, bail bonds; collections agencies.
Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder
Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen
Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis
Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body
Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features
Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs
Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies
Express written consent and approval from Crypto Booster must be obtained prior to using Crypto Booster Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at team@cryptobooster.io. Crypto Booster may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use Crypto Booster Services in connection with any of following businesses, activities, or practices:
Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the Crypto Booster Services
Charities: Acceptance of donations for nonprofit enterprise
Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize
Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization
Crypto Booster collects and verifies information about you in order to: (a) protect Crypto Booster and the community from fraudulent users, and (b) to keep appropriate records of Crypto Booster's customers.
All customers who wish to use Crypto Booster Services are required to establish a Crypto Booster Account by:
Providing a valid email address and a password
Certifying that you are 18 years or older,
Accepting User Agreement and Privacy Policy, and Earnings Disclaimer
Notwithstanding these minimum verification procedures for the referenced Crypto Booster Services, Crypto Booster may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction.
This policy describes how Crypto Booster delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Crypto Booster Account and your use of Crypto Booster Services. Communications include:
Terms of use and policies you agree to (e.g., the Crypto Booster User Agreement and Privacy Policy), including updates to these agreements or policies;
Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
Responses to claims or customer support inquiries filed in connection with your Account.
We will provide these Communications to you by posting them on the Crypto Booster website, emailing them to you at the primary email address listed in your Crypto Booster profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
In order to access and retain electronic Communications, you will need the following computer hardware and software:
A device with an Internet connection;
A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
A valid email address (your primary email address on file with Crypto Booster); and
Sufficient storage space to save past Communications or an installed printer to print them.
You may withdraw your consent to receive Communications electronically by contacting us at team@cryptobooster.io. If you fail to provide or if you withdraw your consent to receive Communications electronically, Crypto Booster reserves the right to immediately close your Account or charge you additional fees for paper copies.
It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if Crypto Booster sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Crypto Booster will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at team@cryptobooster.io