Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING TO ACCEPT, OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. If you are accepting these terms on behalf of an entity, you confirm that you are authorized on behalf of that entity to agree to be bound by these Terms of Use and all terms incorporated by reference.
Scope
These are the Terms of Use of Icarus Blockchain Group Inc. (referred to herein as “OuroX”). Icarus Blockchain Group Inc. is an international business company incorporated under the laws of Delaware. These Terms apply to any access and use of our website at https://www.ourox.com, our online services, our Android and iOS mobile apps, and any of our services related to or utilizing any of the foregoing, which we refer to in these Terms, collectively, as our Services. If you are using our Services in Suriname, you are engaging not with Icarus Blockchain Group Inc. but with Icarus Systems NV, a Suriname company, and in connection with the provision of Services to you by OuroX, as applicable, any references herein to shall refer to Icarus Systems NV.
Eligibility and Agreement
If you use our Services these Terms apply. If you do not agree to these Terms, you must not use our Services. You can use our Services only if you can lawfully enter into an agreement to these Terms under applicable law. If you use our Services, you agree to do so in compliance with these Terms and with applicable laws and regulations.
By using the services, you represent that you are not a resident of Afghanistan, Central African Republic, Cuba, Iran, Iraq, Kurdistan, Lebanon, Liberia, Libya, Myanmar, North Korea, Palestinian Territories, Russia, Somalia, Sudan, Syria, Ukraine, Venezuela, Yemen, or Zimbabwe. Access to the services from jurisdictions where their content or function may be illegal or is otherwise prohibited. USE OF THE OUROX EXCHANGE BY ANY OF THE FOLLOWING IS PROHIBITED: (A) PERSONS WHO ARE RESIDENTS OF, OR LOCATED AT THE TIME OF PLACING A BUY OR SELL ORDER IN, THE UNITED STATES OF AMERICA; (B) ANY ENTITY THAT IS INCORPORATED OR ORGANIZED IN THE UNITED STATES OF AMERICA; (C) ANY ENTITY IF ORGANIZATION OR INCORPORATED UNDER LAWS OTHER THAN THE UNITED STATES OF AMERICA THAT IS FORMED FOR A PERSON, ENTITY, ESTATE OR TRUST SET FORTH IN ANY OTHER CLAUSE OF THIS PROHIBITION; (D) ANY ESTATE, THE EXECUTOR OR ADMINISTRATOR OF WHICH IS A PERSON, ENTITY OR TRUST SET FORTH IN ANY OTHER CLAUSE OF THIS PROHIBITION; (E) ANY TRUSTEE, THE TRUSTEE OF WHICH IS A PERSON, ENTITY OR ESTATE SET FORTH IN ANY OTHER CLAUSE OF THIS PROHIBITION; (F) ANY NON-DISCRETIONARY ACCOUNT OR SIMILAR ACCOUNT (OTHER THAN AN ESTATE OR TRUST) HELD BY A DEALER OR OTHER FIDUCIARY FOR THE BENEFIT OR ACCOUNT OF A PERSON, ENTITY, ESTATE OR TRUST SET FORTH IN ANY OTHER CLAUSE OF THIS PROHIBITION; (G) ANY DISCRETIONARY ACCOUNT OR SIMILAR ACCOUNT (OTHER THAN AN ESTATE OR TRUST) HELD BY A DEALER OR OTHER FIDUCIARY ORGANIZED, INCORPORATED, OR (IF AN INDIVIDUAL) RESIDENT IN THE UNITED STATES OF AMERICA.
You acknowledge that you are aware of the rules of your jurisdiction and will not use the services if such use is prohibited or otherwise violates the laws of your state, province, country, or other jurisdiction, and that you are solely responsible for determining compliance with all applicable local laws in your jurisdiction. We reserve the right to suspend or terminate your access to the services without prior notice if we determine, in our judgment, that you reside in a jurisdiction that prohibits the use of the services.
Nobody under the age of 13 may use our services.
Our Privacy Policy
Our Privacy Policy is located at https://www.ourox.com/privacy-policy. Our Privacy Policy describes how we collect, use, and share your personal information.
Changes to These Terms
We may make changes to these Terms, including when there are changes in our Services, technology, regulation and for other reasons. If we do, we will provide you notice of such changes by posting the updated Terms on our website and changing the Last Updated date below. Any amended Terms will become effective no earlier than 14 days after they are posted and apply prospectively to use of the Services after such changes become effective, except that changes addressing new functions of the Ourox Services or changes made for legal reasons will be effective immediately. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Services.
The OuroX Services
OuroX provides you with a simple and convenient way to trade legal tender (such as U.S. dollars and Euros) for digital assets (such as bitcoin and ether) and vice versa, and to trade one type of digital asset for another type of digital asset. You may also use our Services to purchase and sell digital assets directly from and to us. Additionally, the range of services available to you will depend in part upon the country from which you access OuroX.
Our Services may evolve over time. This means we may make changes, replace, or discontinue (temporarily or permanently) our Services at any time for any reason with or without notice. In this case, you may be prevented from accessing or using our Services. If, in our sole discretion, we decide to permanently discontinue our Services, we will provide you with notice via our website. Additional services include the following:
- OuroX provides you with a platform that matches your trades with open orders from other users of our services at your direction. Users are not able to predetermine a trade with a particular user or with a particular account. Additionally, an order may be partially filled or may be filled by multiple matching orders.
- Stop Payment Rights. Once a transaction is executed, it is sent to the blockchain and cannot be stopped or reversed. A customer must initiate a new transaction to correct an unintended
- Buy digital currency (Bitcoin, Ethereum, Litecoin, etc.). One or more hosted bitcoin or other digital currency wallets that allows users to store private keys, and to track, transfer, and manage their digital currency and account information and through which OuroX can facilitate bitcoin or other digital currency transactions pursuant to instructions submitted by a user or authorized entity to OuroX (the “Bitcoin Wallet”);
- A digital currency conversion service through which users can buy bitcoin and other digital currency from, and sell bitcoin and other digital currency to, OuroX (the “Conversion Service”); and
- For verified users in certain countries, accounts you may fund with Euros, British Pounds, U.S. Dollars, or Canadian Dollars for use in connection with the Conversion Service, the Exchange Service, and/or other services as OuroX may permit from time to time (each, a “Currency Wallet”).
- Bitcoin or Digital Currency Purchases. After successfully completing the applicable verification steps described in the Verification Procedures below, you may purchase bitcoin or other digital currency from OuroX, subject to applicable limits. OuroX will instruct its bank to initiate a debit to your primary payment method or directly from your Fiat Currency Wallet (Ex. USD), or, if the payment is not successful, to any payment method you have on file, in an amount equal to: (a) the total number of bitcoin or other digital currency you wish to purchase multiplied by the rate quoted on the OuroX Site at the time that you initiate the transaction, plus (b) the applicable Conversion Fee (defined below), plus (c) additional fees as may apply in the event that Ourox cannot draw funds from your payment method and must charge a backup payment method. When you initiate a purchase transaction, OuroX will provide a date by which your bitcoin or other digital currency will be made available in your wallet, which may depend on the time required for OuroX to receive funds from your payment method. Although OuroX will attempt to deliver bitcoin or other digital currency to you as promptly as possible, funds may be debited from your primary payment method before bitcoin or other digital are delivered to your OuroX account. If your bitcoin or other digital currency purchase is marked as complete or pending in your Bitcoin Wallet or other digital currency wallet, you cannot cancel,reverse, or change the order, although OuroX reserves the right to cancel the order as stated herein. In connection with any purchase of bitcoin or other digital currency from OuroX, OuroX will use good faith efforts to fulfill such purchase order at the applicable Buy Price Conversion Rate quoted on the OuroX Site at the time that you place such order. However, from time to time, it may be necessary for OuroX to delay fulfillment of a purchase order until such time as we are able to execute the transaction. In such cases, we will notify you through the OuroX Site prior to the completion of your purchase order that the amount of bitcoin or other digital currency that you will receive will be determined based on the applicable rate quoted on the OuroX Site at the subsequent point at which OuroX, with your further approval, may execute your transaction.
- OuroX reserves the right to charge additional fees or to change the amount of fees, and we will provide you at least 30 days advance notice of any such change.
Bitcoin and Digital Currency Transactions
OuroX cannot and does not guarantee the value of bitcoins or other digital currency. Bitcoins and other digital currency are not legal tender. OuroX is not FDIC or SIPC insured. You acknowledge and agree that the value of bitcoins and the value of all other digital currencies is highly volatile and that buying, selling, and holding bitcoins or other digital currencies involves great financial risk. Other than virtual currencies with their own blockchain, such as Etherium, all virtual currencies are verified by the bitcoin consensus network; this includes bitcoin and barbadian digital dollars. Additionally, the bitcoin consensus network is solely responsible for verifying and confirming proposed transactions that you submit via the Services, and OuroX cannot and does not confirm, cancel, or reverse digital transactions, other than confirmation of the bitcoin network completion of a transaction. The bitcoin network is operated by a decentralized network of independent third parties. Once a transaction request has been submitted to the bitcoin network via the Services, the bitcoin network will automatically complete or reject the request and you will not be able to cancel or otherwise modify your transaction request. You acknowledge and agree that OuroX is not responsible for any errors or omissions that you make in connection with any bitcoin and other digital currency transaction initiated via the Services. The Services help you submit your bitcoin or other digital currency transaction request for confirmation to the bitcoin network. However, OuroX has no control over the bitcoin network, through which bitcoin and digitized fiat currencies are transferred, and therefore cannot and does not ensure that any transaction request you submit via the Services will be completed. The same is true of transactions in other digital currency networks, known as “blockchains.” You acknowledge and agree that the transaction requests you submit via the Services may not be completed, or may be substantially delayed, by the bitcoin network or other similar blockchain network for other digital currencies. When you complete a transaction request via the Services, you authorize us to submit your transaction request to the bitcoin network in accordance with the instructions you provide via the Services.
Third Party Services
You may, at your sole discretion, order from OuroX certain services sourced from third-party providers (the “Third-Party Services”). Such Third-Party Services may require the payment of additional fees to OuroX or other Third Parties, and such fees shall be communicated to you. For such Third-Party Services, your access, continued access, and use thereof are subject to additional terms required by such third-party providers. Such third-party terms shall be made available to you from time to time by OuroX or directly by a third-party provider. OuroX does not represent or warrant that the third-party terms made available to you are accurate or complete. By agreeing to these terms, you agree that: (i) such third-party terms are legally binding on you, and you shall comply with such third-party terms; (b) no third-party term shall expand your rights or OuroX’s obligations under our Agreement(s); (c) the various third-party terms that have been provided, are being provided contemporaneously herewith, or will be provided hereafter from time to time, are provided on a per third-party provider basis, and you shall not be entitled to draw any inference by construing together the various third-party terms; and (d) each third-party provider shall be an express, intended third-party beneficiary of this Agreement in respect of the third-party terms provided by such specific third-party provider and the other terms of this Agreement expressly applicable generally to all third-party providers. Third-party providers may require that OuroX suspend or terminate your access to the Third-Party Services provided by that third-party provider if you fail to comply with the applicable third-party terms, and you acknowledge that OuroX shall have no liability in the event of such suspension or termination.
Wallet Address and Private Key
When you create an account, the Services generate and store a cryptographic private and public key pair that you may use to send and receive bitcoins or other digital currency via the bitcoin network. The public key generated by the Services serves as your bitcoin wallet address or the wallet address for other digital currencies, and may be shared with the bitcoin network and with others to complete bitcoin and other digital currency transactions. The private key uniquely matches the wallet address and must be used in connection with the wallet address to authorize the transfer of bitcoins or other digital currencies from or to that wallet address.
Verification
OuroX is a custodian of any bitcoins or other digital currencies transferred to a OuroX Wallet. OuroX does not obtain any legal or beneficial right, title or interest in your bitcoins or other digital currencies that you store in your Wallet.
Intellectual Property Rights Ownership
We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in our Services and all content on our Services, including our trademarks, service marks, designs, logos, URLs, and trade names that are displayed on our Service, which we refer to in these Terms, collectively, as the OuroX Materials. We hereby grant you a limited, nonexclusive, and non-sublicensable license to access and use the OuroX Materials for your personal or internal business use. Such license is subject to these Terms and does not permit any resale of the OuroX Materials; the distribution, public performance or public display of any OuroX Materials; modifying or otherwise making any derivative uses of the OuroX Materials, or any portion thereof; or any use of the OuroX Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services. We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding OuroX or our Services that you provide, whether by email, posting through our Services or otherwise, which we refer to in these Terms as Feedback. Any Feedback you submit is non-confidential and will become the sole property of OuroX. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You may not use, copy or retransmit anything on our website without our permission. We reserve all rights not expressly granted herein.
Authorized Use of Our Services
You are permitted to use our Services, only as we have authorized. You are responsible for ensuring that your personal information in your account profile is current and correct, including your email address and mobile phone number. You are also responsible for maintaining adequate security, control and confidentiality of your account information, including any personal identification numbers (PINs), passwords, API keys or other codes associated with your account and any activity occurring within that account. The loss or compromise of this information may result in unauthorized access of your account, which may result in loss or theft of any bitcoins or other digital currency held in your account. If you believe your account has been compromised, need to report a security incident, experience any operational problems, or have a security concern, please contact us immediately at [email protected] describing the issue at hand as thoroughly as possible including the date, type of problem and part of the OuroX site or OuroX Services where you experienced that problem. You are responsible for (i) immediately notifying us of any unauthorized use of your password or account or any other breach of security, and (ii) ensuring that you exit from your account at the end of each session when accessing the OuroX Services. We have no responsibility for any loss that you suffer as a result of failing to comply with this section or your failure to follow or act on any notices or alerts that we may send to you.
Messages
To use the OuroX Services, you must provide a valid mobile phone number. This number is used as part of the authentication process. As part of using the OuroX Services, you are agreeing to receive SMS/text messages from us. Please note that while we do not charge you for SMS/text messages, your mobile carrier’s standard messaging rates will apply. Failure to provide a valid mobile phone number may result in restriction of your use of the OuroX Services. If OuroX suspects that your mobile number is invalid or that you are using a VOIP service to circumvent the requirement to provide a valid mobile phone number, OuroX may suspend or otherwise restrict your use of the OuroX Services.
Accurate Information & Registration Requirements
OuroX reserves the right in its sole discretion to not open accounts and to temporarily or permanently suspend accounts, including where required or recommended by applicable governmental, regulatory or law enforcement requirements, including where you fail to provide sufficient information to verify your identity with OuroX. The OuroX Services are for the use only of the registered account holder. You agree that the information you provide to OuroX during the account creation and any subsequent identity verification processes is accurate and complete, and will be updated as necessary to keep it so. If you are under 18 years of age, you are not authorized to use the OuroX Services, with or without registering.
Prohibited Activities
You agree that you will not use the OuroX Services to perform any type of illegal activity of any sort or to take any action that negatively affects the performances of the OuroX Services. You may not engage in any of the following activities via the Services, nor may you help a third party in any such activity: (1) attempt to gain unauthorized access to our Services or another user’s account, (2) make any attempt to bypass or circumvent any security features, (3) violate any law, statute, ordinance, or regulation, (4) reproduce, duplicate, copy, sell or resell our Services for any purpose except as authorized in these Terms, (5) engage in any activity that is abusive or interferes with or disrupts our Services. If you are blocked by OuroX from accessing the OuroX Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Use of our Services in connection with any transaction involving illegal products or services is prohibited. OuroX reserves the right to temporarily or permanently suspend your account or otherwise restrict your use of the OuroX Services if any violation of this section occurs.
Prohibited Customers
USE OF THE OUROX EXCHANGE BY ANY OF THE FOLLOWING IS PROHIBITED: (A) PERSONS WHO ARE RESIDENTS OF, OR LOCATED AT THE TIME OF PLACING A BUY OR SELL ORDER IN, THE UNITED STATES OF AMERICA; (B) ANY ENTITY THAT IS INCORPORATED OR ORGANIZED IN THE UNITED STATES OF AMERICA; (C) ANY ENTITY IF ORGANIZATION OR INCORPORATED UNDER LAWS OTHER THAN THE UNITED STATES OF AMERICA THAT IS FORMED FOR A PERSON, ENTITY, ESTATE OR TRUST SET FORTH IN ANY OTHER CLAUSE OF THIS PROHIBITION; (D) ANY ESTATE, THE EXECUTOR OR ADMINISTRATOR OF WHICH IS A PERSON, ENTITY OR TRUST SET FORTH IN ANY OTHER CLAUSE OF THIS PROHIBITION; (E) ANY TRUSTEE, THE TRUSTEE OF WHICH IS A PERSON, ENTITY OR ESTATE SET FORTH IN ANY OTHER CLAUSE OF THIS PROHIBITION; (F) ANY NON-DISCRETIONARY ACCOUNT OR SIMILAR ACCOUNT (OTHER THAN AN ESTATE OR TRUST) HELD BY A DEALER OR OTHER FIDUCIARY FOR THE BENEFIT OR ACCOUNT OF A PERSON, ENTITY, ESTATE OR TRUST SET FORTH IN ANY OTHER CLAUSE OF THIS PROHIBITION; (G) ANY DISCRETIONARY ACCOUNT OR SIMILAR ACCOUNT (OTHER THAN AN ESTATE OR TRUST) HELD BY A DEALER OR OTHER FIDUCIARY ORGANIZED, INCORPORATED, OR (IF AN INDIVIDUAL) RESIDENT IN THE UNITED STATES OF AMERICA.
By using the OuroX Services you represent that you are not an individual or entity that is, or an entity owned or controlled by persons or entities that are, (i) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, the Hong Kong government, or any other governmental authority with jurisdiction over OuroX or the OuroX Services; (ii) identified on the Denied Persons, Entity, or Unverified Lists of the U.S. Department of Commerce Bureau of Industry and Security; or (iii) located, organized or resident in a country or territory that is, or whose government is, the subject of U.S. economic sanctions, including, without limitation, Cuba, Iran, Iraq, Russia, Libya, Yemen, Zimbabwe, North Korea, Sudan, Belarus, Central African Republic, Democratic Republic of the Congo, Myanmar, or Syria. By signing up for an account with us or by using any of our products and services, you confirm that you are not a New York State resident or New York State legal entity, and that you will not be using our services from the State of New York. OuroX will pursue licensing expansion into the US under each State’s regulations and New York under the New York “BitLicense” and will inform its customers as soon as activity in the US and New York is eligible. You further represent that you will not use the OuroX Services to conduct any transaction with or on behalf of any person or entity listed in clauses (i) through (iii) above or otherwise in violation of law. OuroX may cease to provide the OuroX Services to you for any reason, and without notice, if it determines that you have violated any of the above representations. You understand and consent that OuroX may be legally required to detain, to deny your access to, and to report to one or more governmental authorities, such of your property or property interests as are in OuroX’s possession or control in the event of certain sanctions imposing these obligations. These representations, covenants, and obligations are continuing and you agree to notify OuroX immediately in writing if your status under any of the above covenants changes.
Trademarks
OuroX and the OuroX logo are our trademarks, registered trademarks or service marks. Any other trademarks mentioned in our website or mobile apps are the property of their respective owners.
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. Your use of our Services is at your sole risk. We and our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in our Services for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses or other harmful components, that communications to or from the Services will be secure and not intercepted, that the services and other capabilities offered from the Services will be uninterrupted, or that their content will be accurate, complete or timely. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
No Advice
OuroX is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by OuroX is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.
Indemnification
You agree to indemnify, defend and hold us, our employees, agents, consultants, subsidiaries, partners, affiliates, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of our Services, your violation of these Terms, or your violation of any rights of any other person or entity.
Limitation of Liability
IN NO EVENT WILL WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS (IF ANY) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR THE PERFORMANCE OR OPERATION OF OUR SERVICES, YOUR ACCESS TO, DISPLAY OF, USE OF THE SERVICES, OR WITH DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, OR THE ACT OR OMISSION OF ANY BUSINESS USING OUR SERVICES OR OTHER THIRD PARTY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUROX MAKES THIRD-PARTY SERVICES AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE THIRD-PARTY SERVICES. REPRESENTATIONS AND WARRANTIES CONCERNING THE THIRD-PARTY SERVICES, IF ANY, ARE SET FORTH IN THE THIRD-PARTY TERMS.
In no event will the aggregate liability of OuroX, our licensors, service providers, or subcontractors for any loss or damage that arises out of, or is connected with, any of the occurrences described above exceed, the greater of $100 or the service fees that you paid to us for the service we provide through the Services during the month during which the incident occurred. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us, our licensors, service providers and subcontractors. FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS OF LIABILITY DESCRIBED IN THIS SECTION WOULD NOT LIMIT THE AMOUNTS OTHERWISE PAYABLE TO YOU BY OUROX AS A RESULT OF SUCCESSFUL INSURANCE CLAIMS PAID OUT BY OUROX’S INSURER AND RECEIVED BY OUROX. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Severability
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Arbitration and Governing Laws
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and OuroX agree to arbitrate any dispute arising from these Terms or your use of our Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and OuroX agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to OuroX shall be sent to [email protected]. You and OuroX further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Suriname; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the laws of Suriname; and (d) that the courts of Suriname have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Suriname, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND OUROX WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
Limitations
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of our Services within two years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Unclaimed Property
Under applicable law, after a specified period of inactivity by you with respect to your OuroX account, OuroX may be required to report and/or remit any bitcoins or other digital currency it is holding in custody for you in accordance with unclaimed property laws.
No Waiver
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
Assignment; Entire Agreement
OuroX may assign these Terms to its parent company, affiliate or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets. These Terms, together with any other agreements that apply to you, constitute the entire and exclusive agreement between us and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter.
Returned Checks / ACH Debits
Any and all checks returned to OuroX customers and prospective customers will be accompanied with a mandatory $75.00 fee.
Contact Us
You may contact us via [email protected].
