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This User Agreement (“Agreement”) is a contract between you and Atriark and applies to your use of Atriark’s mining and coin acquisition and selling services. You must read, agree with and accept all of the terms and conditions contained in this Agreement.

This is an important document which you must consider carefully when choosing whether to use Atriark’s various services.

Please note the following risks of using Atriark’s services:

  • A cryptocurrency transaction may be unconfirmed for a period of time (usually less than one hour, but up to a number of days).
  • Holding and investing in cryptocurrencies is high risk. The price or value of a cryptocurrency can change rapidly, decrease, and potentially even fall to zero.
  • You agree that disputes between you and Atriark will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

1. Our Relationship with You.

  • 1.1 Atriark helps you acquire, sell, or mine cryptocurrencies. Atriark also provides holding of your cryptocurrencies in a secure environment. Atriark also allows users to buy and sell cryptocurrencies. Atriark is an independent contractor for all purposes. Atriark does not have control of, or liability for, the products or services that are paid for with Atriark’s services. We do not guarantee the identity of any user or other party or ensure that a buyer will complete a transaction. Atriark is not a money transmitter. Atriark assists its users in cryptocurrency acquisition and selling based transactions.
  • 1.2 Your Privacy. Protecting your privacy is very important to Atriark. 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.
  • 1.3 Privacy of Others; Marketing. If you receive information about another user through Atriark’s services, you must keep the information confidential and only use it in connection with Atriark’s services. You may not disclose or distribute a user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so. You may not send unsolicited email to a user through Atriark.
  • 1.4 Intellectual Property. “Atriark.com”, “Atriark”, and all logos related to Atriark services are either trademarks, or registered marks of Atriark or its licensors.
  • 1.5 Password Security and Keeping Your Email and Address Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access Atriark’s services. You are responsible for keeping your email address up to date in your Account Profile.
  • 1.6 Notices to You. You agree that Atriark may provide you communications about your Account and Atriark services electronically.

2. Accounts.

  • 2.1 Eligibility. To be eligible to use Atriark services, you must be at least 18 years old (19 in Alabama and Nebraska).
  • 2.2 Identity Authentication. If you wish to acquire cryptocurrency through direct acquisition or mining through Atriark, you authorize Atriark, directly or through third parties, to make any inquiries we consider necessary to confirm your transaction and possibly validate your identity.
  • 2.3 Third Party Applications. If you grant express permission to a third party to connect to your Atriark account, either through the third party’s product or through Atriark, 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. Further, you acknowledge and agree that you will not hold Atriark responsible for, and will indemnify Atriark from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
  • 2.4 Taxes. It is your responsibility to determine what, if any, taxes apply to any investment gains you receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Atriark is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

3. Cryptocurrencies

  • 3.1 Atriark may cancel or reverse potentially high-risk buys or sells of cryptocurrencies, including those made using reversible payment methods.
  • 3.2 Atriark does not cancel or reverse cryptocurrency-to-cryptocurrency transactions, as long as they are accepted and confirmed on the cryptocurrencies network.
  • 3.3 Atriark users are in control of their cryptocurrencies at all time, and Atriark keeps 100% of customer funds in storage.
  • 3.4 In the event Atriark needs to retrieve funds from offline storage, there can be a delay in sending coins of up to 72 hours.
  • 3.5 When buying or selling cryptocurrencies, you are buying or selling through Atriark. Atriark does not act as an intermediary or marketplace between other buyers and sellers of cryptocurrencies.
  • 3.6 Atriark does not guarantee the value of cryptocurrencies. You acknowledge that the price or value of cryptocurrencies can change rapidly, decrease, and potentially even fall to zero. You acknowledge that acquiring and or holding value in cryptocurrencies is high risk. You agree to deliver the agreed upon payment for your cryptocurrency upon placing your order, regardless of changes in your cryptocurrencies value.
  • 3.7 Atriark reserves the right to change the buy/sell limits on your account as we deem necessary.

4. Restricted Activities.

4.1 Restricted Activities. In connection with your use of Atriark services, other users, and third parties you will not:
  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, controlled substances, or consumer protections);
  • Intentionally try to defraud Atriark or other Atriark users.
  • Infringe Atriark’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.

5. Disputes with Atriark.

5.1 Indemnification. You agree to indemnify and hold Atriark, its parent, the officers, directors, agents, joint ventures, and employees harmless from any claim or demand (including attorneys’ fees) arising out of your breach of this Agreement or your use of Atriark services.

5.2 Release of Atriark. If you have a dispute with one or more users, you release Atriark (and our parent, officers, directors, agents, joint ventures, employees and suppliers) 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.

5.3 Disputes with Atriark. If you think we have made an error, write to us via our support contact address at Atriark.com. In your correspondence, you must give us information sufficient to identify you, your account, and the transaction on which you believe an error occurred. You must contact us within 30 days after the transaction occurred. Within 90 days of receiving your request, we must either correct the error or explain to you why we believe the transaction was correct.

6. General Provisions.

6.1 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF ATRIARK OR OUR PARENT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, ATRIARK’S SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

6.2 No Warranty. ATRIARK’S SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. ATRIARK, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF ATRIARK OR OUR PARENT SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Atriark does not have any control over the products or services that are paid for with Atriark services and Atriark cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. Atriark does not guarantee continuous, uninterrupted or secure access to any part of Atriark services, and operation of our site may be interfered with by numerous factors outside of our control. Atriark will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Atriark makes no representations or warranties regarding the amount of time needed to complete processing because Atriark services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

6.3 Arbitration. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled on an individual basis in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Atriark hereby expressly waive trial by jury. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

6.4 Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with Atriark must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

7. Legal & Government Compliance

1. (AML) Anti-Money Laundering & (KYC) Know Your Customer Policy
Atriark protects itself from involvement in any activity that facilitates money laundering or other criminal activities by following the FinCEN guidance for MSB’s operating in the United States.

Atriark aims to reasonably identify each user by cross-checking user data against governmental watch lists such as OFAC, as well as 3rd party identity verification and authentication services. If a user or a user’s transaction is flagged as suspicious through our internal controls, Atriark will require additional proof of identification from the user and has the right to not permit any trades, deposits, and/or withdrawals until additional and verifiable proof of identity is received and the Compliance Officer has approved the user for use of the Platform.

By agreeing to our Terms, you acknowledge and understand that Atriark maintains verification levels which require user participation and verification in order to obtain, with leveled permissions based on user-supplied information, our ability to verify it, and our internal policies. You accept that you may not be able to achieve a desired level of verification, and Atriark reserves the right to determine, at its sole discretion, the appropriate Verification Level for any user, as well as the right to downgrade users without prior notice. Atriark may, from time to time, implement policies restricting Verification Levels by nationality, country of residence, or any other factor. This may affect your ability to withdraw funds in your account and you indemnify Atriark against any losses associated with an inability to deposit and/or withdraw funds based on your verification level.

8. Governing Language and Translations

You agree that these Terms, Atriark’s Privacy Policy and other notices posted through the Services have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

9. Force Majeure

In addition to applicable disclaimers stated above, Atriark’s performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.

10. Severability

If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

11. Permanent Withdrawal of Service

Atriark may (a) suspend or terminate your access to the Services, and (b) deactivate or cancel your Account as required by a valid subpoena or court order, or if Atriark reasonably suspects you of using your Account in furtherance of illegal activity. You will be permitted to transfer cryptocurrency associated with your Account for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order. If any transaction is in a pending state at the time your Account is cancelled or suspended, such transaction may be canceled and/or refunded as appropriate. You may not cancel your Account to evade an investigation or avoid paying any amounts otherwise due to Atriark. Upon cancellation of your Account, you authorize Atriark to cancel or suspend pending transactions and, after providing written notice to you, return the funds associated with such transactions to your wallet address. In the event that you or Atriark terminates this agreement or your access to the Services, or deactivates or cancels your Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or account errors, Atriark may temporarily suspend access to your Account until the problem is resolved.

12. Copyright of Feedback Materials

You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding Atriark or the Services (collectively, “Feedback”) that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole property of Atriark. Atriark will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

13. Indemnification

You agree to indemnify, defend and hold Atriark, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives, harmless from any claim or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms, (ii) your use of Services, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.