Terms of Service
Effective: April 2, 2018
Thank you for using the CredoEX website at https://credoex.com or subdomains of https://credoex.com (the “Site”) and using CredoEx LLC’s (“Company” or “we” or “our” or “us”) corresponding service that allows users to buy and sell certain supported digital currencies, like Credo or Ethereum (any such digital currencies, "Digital Currency", and such service, collectively with Site, the “Service”) to other Service users. These Terms of Service (“Agreement”) governs your browsing, viewing and other use of the Service, including transactions you agree to enter into using the Service.
Please read this Agreement carefully, as it (among other things) provides in Section 17 that you and the Company will arbitrate certain claims instead of going to court and that you will not bring class action claims against the Company. Please only create a Service account or otherwise use the Service if you agree to be legally bound by all terms and conditions herein. If you are viewing this on your mobile device, you can also view this Agreement via a web browser at https://credoex.com/terms. Your acceptance of this Agreement creates a legally binding contract between you and the Company. If you do not agree with any aspect of this Agreement, then do not create a Service account or otherwise use the Service.
Note for Children. Use of the Service by anyone under the age of 18 is prohibited. By using the Service, you represent and warrant that are you at least 18 years of age.
The Company’s Anti-Money Laundering Policy, at https://credoex.com/aml (the “AML Policy”), describes the Company’s rules and policies in connection with laws, regulations, sanctions and other requirements in connection with the transfer and flow of both Digital Currencies and other types of funds (including cash). The AML Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to requirements, rules and policies set forth therein.
1. The Service
The Service includes the ability for users to have one or more hosted Digital Currency wallets that allow such users to store certain supported Digital Currencies, and to track, transfer, and manage supported Digital Currencies (“Wallet”) and a Digital Currency exchange platform.
2.1 The Company does not provide investment, tax, or legal advice, nor does the Company broker trades on your behalf. All Service trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
2.2 The trading of goods and products, real or virtual, as well as Digital Currencies involves significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency - virtual or not - may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
Digital Currencies trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Digital Currencies are a unique type of “fiat” currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Digital Currencies in a crisis.
Instead, Digital Currencies are an as-yet autonomous and largely unregulated global system of currency firms and individuals. Traders put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
Some jurisdictions have banned or severely limited the trading of Digital Currencies, and due to the emerging nature of Digital Currency markets, it is possible that other jurisdictions will do the same. It is your responsibility to know of such limitations in your country.
The trading of Digital Currencies is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Digital Currencies because of unexpected changes imposed by software developers or others, new regulations and/or enforcement actions, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
There may be additional risks that we have not foreseen or identified in this Agreement.
You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Digital Currencies.
3.1 In General. Eligible users in certain jurisdictions may buy or sell supported Digital Currency through the Service. Such transactions are subject to transaction Fees (as defined below in Section 10) as set forth from time to time on the Site. Company reserves the right to delay any Service transaction if it perceives a risk of fraud or illegal activity. Transactions using the Service may be subject to certain volume limits as described in the Service from time to time.
3.2 Purchase Transactions. After successfully completing any required identity and eligibility verification procedures within the Service (the “Verification Procedures”), you may purchase supported Digital Currency by placing market buy orders, market sell orders, limit buy orders and/or limit sell orders for the desired Virtual Currency. The Service will not allow you to place an order unless you have adequate Digital Currency in your Wallet to cover the proposed transaction. Certain Fees will apply to all purchase transactions. Once an order is placed, although the Company will attempt to facilitate delivery to your Wallet of ordered Digital Currency to you as promptly as possible, sold Digital Currency may be debited from your Wallet before purchased Digital Currency is delivered to your Wallet.
3.3 Sale Transactions. After successfully completing any required Verification Procedures and adding Digital Currency to your Wallet, you may sell supported Digital Currency. You authorize the Company to debit your Wallet and transfer applicable Digital Currency to other users’ Wallets in settlement of sell transactions. Certain Fees apply to all sell transactions. There may be a delay between debiting your Wallet for the sold Digital Currency and crediting your Wallet with the purchased Digital Currency.
3.4 Reversals; Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your Wallet has insufficient funds, you authorize the Company, in its sole discretion, either to cancel the transaction or to debit your other payment methods (if any), in any amount necessary to complete the transaction. The Company may cancel or suspend any pending transaction, in its sole discretion, if you terminate this Agreement as described in Section 13. The Company reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after Digital Currency has been debited from your Wallet, if the Company suspects the transaction violates our AML Policy or involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of crime; in response to a subpoena, court order, or other government order; or if the Company reasonably suspects that the transaction is erroneous. In such instances, the Company will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.
3.5 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Service, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your account.
4. Your Account and Wallet
4.1 Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs) or any other codes that you use to access the Service. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your account by third parties and the loss or theft of any Digital Currency and/or funds held in your Wallet and any associated accounts, including (if applicable) your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your account profile 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 Company and/or your failure to follow or act on any notices or alerts that we may send to you. In the event you believe your account information has been compromised, contact Company support immediately at [email protected].
4.2 Unclaimed Property. If the Company is holding funds in your account (including your Wallet), and we are unable to contact you and have no record of your use of the Service for a certain period, applicable law may require us to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, we will try to locate you at the address shown in our records, but if we are unable to locate you, we may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
4.3 Operation of Digital Currency Protocols. The Company does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on the Service. In general, the underlying protocols are open source and have broad use, copying, modification, and distribution rights. By using the Service, you acknowledge and agree: (a) that the Company is not responsible for operation of the underlying protocols and that the Company makes no guarantee of their functionality, security, or availability; and (b) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in your Wallet. In the event of a fork, you agree that the Company may temporarily suspend the Service and that the Company may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that the Company assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
5.1 The Service may allow you and other users to upload, post and share text, images, audio and video, including in a manner such that it may be viewed by other end users of the Service (“Media”). You acknowledge that all posted Media is stored on and made available through the Service by the Company’s servers and not on your device.
5.2 You understand that all Media is provided to you through the Service only on an “as-available” basis and the Company does not guarantee that the availability of Media will be uninterrupted or bug free. You agree you are responsible for all of your Media and all activities that occur under your user account.
5.3 You shall retain all of your ownership rights in your Media. You hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, display, transmit and prepare derivative works of your Media, and to additionally distribute and publicly perform Media in connection with the Service and the Company’s (and its successor’s) business, in any media formats and through any media channels. You also hereby grant to each user of the Service a non-exclusive license to access and view your Media as permitted by the functionality of the Service and this Agreement. The aforementioned licenses will terminate with respect to any particular item of your Media when you or the Company remove it from the Service, provided that (i) any sublicenses may be perpetual and irrevocable and (ii) you acknowledge that such licenses survive to the extent necessary for a copy of your Media to be retained by the Company.
5.4 In connection with your Media, you further agree that you will not: (i) use material that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) use material that is unlawful, defamatory, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) post advertisements or marketing content or solicitations of business, or any content of a commercial nature. The Company may investigate an allegation that any Media does not conform this to Agreement and may determine in good faith and in its sole discretion whether to remove such Media, which it reserves the right to do at any time. If you are a copyright holder and believe in good faith that your content has been made available through the Service without your authorization, you may follow the process outlined at https://credoex.com/copyright to notify the Company’s designated agent (pursuant to 17 U.S.C. § 512(c)) and request that the Company remove such content.
5.5 You hereby acknowledge that you may be exposed to Media from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Service, and further acknowledge that the Company does not control the Media posted by Service users and does not have any obligation to monitor such content for any purpose.
6. Prohibited Uses
In connection with your use of the Service, and your interactions with other users and third parties you agree and represent you will not engage in any prohibited business or prohibited use set forth in our AML Policy. 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 account (including your Wallet) and/or block transactions or freeze funds 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. Additionally, the Service does not provide the ability to directly transfer Digital Currency to third parties, and any use of the Service for this purpose is expressly prohibited.
7. Representations and Warranties
You represent, warrant and covenant that, in connection with this Agreement or the Service, you will not and will not attempt to: (i) violate any laws, third party rights or our community guidelines and other policies; (ii) re-join or attempt to use the Service if the Company has banned or suspended you; (iii) defraud the Company or another user; or (iv) use another user’s account or allow another person to use your user account. You also represent, warrant and covenant that (v) you exclusively own all Digital Currency that you store in your Wallet (“Your Digital Currency”), and that no other natural or legal person holds any interest, direct or indirect, present, future, or contingent in Your Digital Currency; and (vi) that Your Digital Currency does not represent the proceeds, directly or indirectly, of any unlawful activity. Furthermore, you represent, warrant and covenant that you are not, nor an agent of, (a) a citizen or resident of a country or territory in which access to or use of the Services is prohibited by applicable law, decree, regulation, treaty, or administrative act, (b) a citizen or resident of, or located in, a country or territory that is subject to U.S. or other sovereign country sanctions or embargoes imposed by the United States or any other country, or (c) an individual or entity, nor an individual or entity employed by, acting on behalf of, or affiliated with an entity identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals and Blocked Persons Lists, the U.S. Department of State’s Debarred Parties List, or the European Union’s Consolidated Sanctions List (collectively, “Restricted Party Lists”). You further agree that you will not use the Wallet or Services in connection with transactions (a) in any country or territory that is subject to U.S. or other sanctions or embargoes, (b) with any individual or entity that is identified on the Restricted Party Lists, nor (c) otherwise prohibited by U.S. sanctions and export control laws and regulations including the sanctions regulations administered by the U.S. Department of the Treasury Office of Foreign Assets Control, 31 C.F.R. §§ 500-599, and the Export Administration Regulations, 15 C.F.R. §§ 730-774. You agree that if your country of residence or any other circumstances change such that the above representations are no longer accurate, then that you will immediately cease using the Services and notify the Company. Any illegal activities undertaken in connection with the Service may be referred to the authorities.
8. Ownership; Proprietary Rights
As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Service and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Company Materials. The Company reserves the right to modify or discontinue the Service or any version(s) thereof at any time in its sole discretion, with or without notice.
9. Third Party Sites
The Service may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
Each Service transaction is subject to certain Fees (as defined below) as set forth on the Site and/or as displayed to you when you place buy or sell orders. The Company reserves the right to adjust its Fees at any time. We will always notify you of the Fees which apply to your transaction when you authorize the transaction and in each receipt we issue to you.
By signing up for any paid Service account and providing your payment information, you agree to pay us (and authorize our Payment Processor to charge you) the fees as displayed to you at the time you create your account and as may be modified from time to time as described in this Agreement, as well as any other fees you expressly choose to incur in connection with your use of the Service (any such fees, “Fees”). Additionally, each Service transaction is subject to certain Fees as set forth on the Site and/or as displayed to you when you place buy or sell orders. We will always notify you of the Fees which apply to your transaction when you authorize the transaction and in each receipt we issue to you. Your use of the Service may be suspended if we are unable to charge your payment instrument for any reason or if your account is otherwise past due. The Fees applicable to your account may be subject to modification from time to time pursuant to notice (which may be given via e-mail) provided by us at least thirty (30) days in advance of the payment date for which the modification would be effective. You may at any time cancel your account as set forth below if you do not agree to any modified Fees. All Fees must be paid in U.S. dollars (or such other currency(ies) which may be accepted by Company from time to time, as indicated at the time of payment) and are non-refundable.
11. Prohibited Uses
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree not to scrape or otherwise use automated means to access or gather information from the Service, and agree not to bypass any robot exclusion measures we may put into place. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we believe (in our sole discretion) is false or misleading (including a profile that impersonates a third party).
12. Additional Terms
When you use certain features or materials on the Service, such use may be subject to additional terms and conditions posted on the Service. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation.
You may terminate this Agreement at any time, for any reason or for no reason, by withdrawing all balance from your Service account (including your Wallet) and contacting us at [email protected]. You will not be charged for terminating, although you will be required to pay any outstanding amounts owed to Company. You authorize us to cancel or suspend any pending transactions at the time of cancellation. You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the Service, at any time and without notice. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that the Company shall not be liable to you or any third-party for any such termination. Sections 2, 3, 4.2, 5, 6, 7, 8 and 10 through 20 will survive any termination of this Agreement. In the event that Company terminates this Agreement, you will be permitted to transfer Digital Currency or funds associated with your Wallet for ninety (90) days after account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order.
14. Disclaimers; No Warranties
THE SERVICE AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Service, breach of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity (including with respect to your Media), provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
16. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE SERVICE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY (REGARDLESS OF THE NUMBER OF CLAIMS) OF COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS OR THE FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM HEREUNDER. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCES), THAT IF YOU CLAIM THAT COMPANY FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOU ARE LIMITED TO SEEKING DAMAGES OF NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE GREATER OF ONE HUNDRED U.S. DOLLARS OR THE FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM HEREUNDER.
The Company makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site.
17.1 Agreement to Arbitrate. This Section 17 is referred to herein as the “Arbitration Agreement”. The parties that any and all controversies, claims, or disputes between you and Company arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
17.2 Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
17.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 16. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company.
17.4 Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
17.5 Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
17.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
17.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
17.8 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 17.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 17.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
18. 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.
The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the Service user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. Under this Agreement, you consent to receive communications from the Company electronically. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Service that is not subject to arbitration under Section 17 shall be filed only in the state or federal courts in California (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.
20. More Information; Complaints
The services hereunder are offered by CredoEx LLC, located at 655 Oak Grove Ave #1, Menlo Park, CA 94025. If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.