Last Updated: June 5, 2018
Welcome to Unchained Capital. Unchained Capital offers loans to individuals and businesses (collectively, “Borrowers”) who provide bitcoin or ether as collateral (the “Cryptocurrency Secured Loans”). The website at www.unchained-capital.com (the “Site”) and the Cryptocurrency Secured Loans and the various other related services, features, functions, software, applications, websites and networks (together with the Site, collectively, the “Unchained Capital Services”) are provided and operated, and are being made available to you, your organization (the “Organization”) and the other Borrowers and users of any of the Unchained Capital Services (collectively, “Users”) by Unchained Capital, Inc. (“Unchained Capital”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
In addition to these Terms, if you are approved for a Cryptocurrency Secured Loan, the provision of the Cryptocurrency Secured Loan will be subject to separate agreements including a promissory note and a security agreement and any other agreements you enter into in connection with the Cryptocurrency Secured Loans (as modified from time to time, the “Loan Documents”). If there are any conflicts between these Terms of Service and the Loan Documents, the Loan Documents shall prevail.
Unchained Capital is currently authorized to offer Cryptocurrency Secured Loans in Texas and certain other states (collectively, the “Authorized States”). For a list of current states in which Unchained Capital is authorized to offer Cryptocurrency Secured Loans please contact us at firstname.lastname@example.org.
These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Unchained Capital to binding and final arbitration. You will only be permitted to pursue claims against Unchained Capital on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
To access and use the Site and the other Unchained Capital Services, including the application for, and receipt of, a Cryptocurrency Secured Loan, you must be at least 18 years of age. By applying or getting a Cryptocurrency Secured Loan, clicking the “I Agree” button or by downloading, installing or otherwise accessing or using any of the Unchained Capital Services, you represent that:
It is important to know that Unchained Capital will never sell or rent your personal information to third parties.
Subject to your compliance with all the terms and conditions set out in these Terms, Unchained Capital hereby grants to you a limited, non-exclusive, non-transferable, freely revocable right to access and use the Site and the other Unchained Capital Services to the extent and in accordance with these Terms.
Unchained Capital reserves the right to exercise whatever lawful means it deems necessary to prevent any unauthorized (a) use of any of the Unchained Capital Services or (b) application for, and receipt of, any Cryptocurrency Secured Loans, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
To apply for a Cryptocurrency Secured Loan, you must register and create an account (a “Borrower Account”). You must be a resident of Texas or one of the other Authorized States to apply for a Cryptocurrency Secured Loan. If you have any questions or concerns about whether you are located in a state in which we can provide Cryptocurrency Secured Loans, please contact us at email@example.com.
To create and use a Borrower Account, you must provide us with certain information, such as name, date of birth, social security number, business name, email address, mailing address, Telegram ID and phone number and such other personal and information as may be requested during the registration and account creation process. We may also request a copy of your government-issued identification.
Except where authorized by Unchained Capital, you may not register for more than one Borrower Account, register for a Borrower Account on behalf of an individual other than yourself, operate a Borrower Account on behalf of or for the benefit of any person who is not eligible to register for or operate a Borrower Account in their own name, or register for a Borrower Account on behalf of any group or entity other than your Organization.
In registering and creating a Borrower Account, you agree to (1) provide true, accurate, current, and complete information about yourself, and, if applicable, your Organization, as prompted during the registration and account creation process “Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. You are responsible for all activities that occur under your Borrower Account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Unchained Capital has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Unchained Capital has the right to suspend or terminate your account and refuse any and all applications for Cryptocurrency Secured Loans. If any of such information was instrumental in approving your Cryptocurrency Secured Loan, Unchained Capital may declare a default under the Loan Documents. You agree not to create a Borrower Account using a false identity or information. You agree not to create a Borrower Account or apply for a Cryptocurrency Secured Loan if you have been previously banned from the Unchained Capital Services.
By applying for Cryptocurrency Secured Loan on behalf of a business or other entity, you represent and warrant that you are duly authorized in accordance with the foregoing by the business or other entity on behalf of which you are acting, that you have the power and authority to enter into binding Loan Documents on behalf of the business or entity or in the capacity in which you are acting, and that the business or entity is in good standing in each jurisdiction in which it is registered to conduct business to the best of your knowledge. Furthermore, you represent and warrant that such business or other entity will abide by all of the terms and conditions of these Terms and any Loan Documents. If you, the business or entity, any other person acting on behalf of the business or entity violate any of these Terms, or otherwise violate any Loan Document between the business or entity and Unchained Capital, Unchained Capital may prohibit you, such business or entity and any other person acting on the business or entity’s behalf from using or accessing the Unchained Capital Services, including applying for a Cryptocurrency Secured Loan at any time in its sole discretion, with or without notice.
If you are acting on behalf of a company Borrower, the following additional terms shall apply:
Furthermore, you represent and warrant and agree, both individually and on behalf of the business or entity, that:
Unchained Capital does not perform credit checks on Borrowers but does conduct full Anti-money Laundering (AML) and Know Your Customer (KYC) verification checks. After providing the necessary information in connection with the creation of your Borrower Account, you hereby authorize Unchained Capital to conduct full AML and KYC verification checks. While we do not perform credit checks, we may conduct an eligibility inquiry (known as a “soft credit pull”). This inquiry does not affect your credit score.
To secure a Cryptocurrency Secured Loan, you must transfer your bitcoin or ether for collateral (the “Cryptocurrency Collateral”)
The amount of the Cryptocurrency Secured Loan depends, in part, on the market value of the Cryptocurrency Collateral that you want or can pledge and the loan to market value of the Cryptocurrency Collateral ratio required by Unchained Capital (the “Loan to Market Ratio”) (e.g., if Unchained Capital requires a loan to market value ratio of 2 to 1, and the market value of the Cryptocurrency Collateral is $100, then the amount of the Cryptocurrency Secured Loan would not exceed $50). If the market value of your Cryptocurrency Collateral decreases below the required Loan to Market Ratio or the ratio specified in your Loan Documents, then you will be required to either (a) provide additional Cryptocurrency Collateral as collateral to maintain the required Loan to Market Ratio in accordance with the Loan Documents or (b) repay part of the Cryptocurrency Secured Loan to maintain the required Loan to Market Ratio as determined by Unchained Capital in its sole discretion.
You will be required to transfer your Cryptocurrency Collateral to a secure escrow account. When you pay off your Cryptocurrency Secured Loan in full (including interest and any other amounts owing), your Cryptocurrency Collateral will be transferred back to you.
If you default on the Cryptocurrency Secured Loan or any of the Loan Documents, we may sell some or all of your Cryptocurrency Collateral to repay the Cryptocurrency Secured Loan (including interest and any other amounts owing) in full.
After your loan application has been approved, you will be required to execute the Loan Documents. YOU SHOULD READ THE LOAN DOCUMENTS CAREFULLY AND CONSULT WITH LEGAL COUNSEL.
The Loan Documents are legally binding contracts and they are not negotiable.
Unchained Capital shall provide technical and other support with respect to the Site and the other Unchained Capital Services by phone at (844) 486-2424 or email at firstname.lastname@example.org. Support hours are 9:00 am to 5:00 pm CST, Monday through Friday with the exception of Federal, state and other company holidays.
When using any of the Unchained Capital Services, you will be subject to any additional posted policies, guidelines or rules applicable to the Site and the other Unchained Capital Services, including Cryptocurrency Secured Loans and features which may be posted from time to time (as added or modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
Unchained Capital respects the rights of others and so should you. You therefore may not post or send Content that:
When you access and use any of the Unchained Capital Services, or apply for or receive any Cryptocurrency Secured Loans, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Unchained Capital on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
If you change or deactivate the email that you used to create an Unchained Capital account, you must update your account information within 72 hours to prevent us from sending to someone else messages intended for you.
If at any time you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then you shall immediately notify Unchained Capital at email@example.com. You may be liable for the losses incurred by Unchained Capital or others due to any unauthorized use of your account or any of the Unchained Capital Services.
Unchained Capital reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site or otherwise through the Unchained Capital Services. If Unchained Capital updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Unchained Capital Services or application for a Cryptocurrency Secured Loan after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations (including applicable Fees), Unchained Capital will make reasonable efforts to notify you of such change. Unchained Capital may provide notice through a pop-up or banner within any of the Unchained Capital Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Unchained Capital may require you to provide consent by accepting the changed Terms. If Unchained Capital requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Unchained Capital, such amended Terms or Fees will automatically be effective, replacing the previously-effective Terms or Fees, thirty (30) days after they are initially posted on any of the Unchained Capital Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ALL UNCHAINED CAPITAL SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
It is Unchained Capital’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Unchained Capital’s DMCA Notification Guidelines at https://unchained-capital.com/DMCA/. If you file a notice with our copyright agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). Unchained Capital reserves the right to terminate without notice any User’s access to the Site, the other Unchained Capital Services and the Secured Loans if that User is determined by Unchained Capital to be a “repeat infringer.” In addition, Unchained Capital accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
Unchained Capital may now or in the future request or permit the submission of testimonials and other comments (in the form of written comments or voice or video recordings) regarding the Cryptocurrency Secured Loans and the other Unchained Capital Services (collectively, the “Testimonials”). If you submit any Testimonials, Unchained Capital shall own and have the unrestricted right to use any Testimonials (and your name in connection with such Testimonials) without restriction or payment of any kind to you, including the right to display, distribute and otherwise exploit your Testimonial and name for advertising and other purposes.
BY USING ANY OF THE UNCHAINED CAPITAL SERVICES OR APPLYING FOR A CRYPTOCURRENCY SECURED LOAN, YOU AGREE NOT TO:
Decipher, decompile, disassemble, reverse engineer, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of any of the Unchained Capital Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
Use any of the Unchained Capital Services for the benefit of anyone other than your Organization or you, including selling, reselling, distributing, hosting, leasing, renting, licensing or sublicensing, in whole or in part, any of the Unchained Capital Services, for hosting or time-sharing services, or as part of a service bureau or outsourcing offering;
Provide any services to any third party using any of the Unchained Capital Services except in accordance with these Terms;
Prepare any derivative work of any of the Unchained Capital Services, or any other program based upon any of the Unchained Capital Services;
Reproduce, modify, adapt, translate or otherwise make any changes to any of the Unchained Capital Services or any part thereof;
Copy, disclose, or distribute any data available on or through any of the Unchained Capital Services or Cryptocurrency Secured Loan, in any medium, including without limitation, by any automated or non-automated “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
Interfere with, circumvent or disable any security or other technological features or measures of any of the Unchained Capital Services or attempt to gain unauthorized access to any of the Unchained Capital Services or its related systems or networks;
Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including any Borrowers) of any of the Unchained Capital Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
Use bots or other automated methods to: access any of the Unchained Capital Services send or redirect messages or perform any other activities through any of the Unchained Capital Services;
Use any of the Unchained Capital Services or the Cryptocurrency Secured Loans for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of any of the Unchained Capital Services or place pop-up windows over the Site’s pages;
Take any action that imposes, or may impose at Unchained Capital’s sole determination, an unreasonable or disproportionately large load on Unchained Capital’s infrastructure;
Deep-link to any of the Unchained Capital Services without Unchained Capital’s consent; or
Share or disclose information of others without their express consent.
The Unchained Capital Services may include links or references to other web sites or services (“Third Party Sites”) solely as a convenience to Users. Unchained Capital does not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site or any of the other Unchained Capital Services are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites are solely at your own risk.
You are responsible for any mobile and data charges that you may incur for using any of the Unchained Capital Services, including text-messaging charges. If you’re unsure what those charges may be, you should ask your service provider before using the Unchained Capital Services or the Cryptocurrency Secured Loans.
You agree that Unchained Capital, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your use of the Unchained Capital Services or any Borrower Account you may have with Unchained Capital and remove and discard all or any part of your account, user profile, and any Content, at any time. Unchained Capital may also in its sole discretion and at any time prohibit any application for Cryptocurrency Secured Loans. You agree that any suspension or termination of your access to the Unchained Capital Services or any account you may have or ability to apply for a Cryptocurrency Secured Loan may be effected without prior notice, and you agree that Unchained Capital will not be liable to you or any third party for any such termination. Unchained Capital reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Unchained Capital to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Unchained Capital may have at law or in equity. As discussed herein, Unchained Capital does not permit copyright infringing activities on the Site or any of the other Unchained Capital Services, and shall be permitted to terminate access to any of the Unchained Capital Services, and remove all Content or other content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD UNCHAINED CAPITAL HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY UNCHAINED CAPITAL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER UNCHAINED CAPITAL OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy against Unchained Capital with respect to any dissatisfaction with (i) the Site or the other Unchained Capital Services, including the Cryptocurrency Secured Loans, (ii) any term of these Terms, (iii) any policy or practice of Unchained Capital in operating the Unchained Capital Services, or (iv) any Content transmitted through any of these Unchained Capital Services or the application process for a Cryptocurrency Secured Loan, is to terminate your Borrower Account and your use of all of the Unchained Capital Services. You may terminate your use of the Unchained Capital Services and your Borrower account at any time. After such termination, you must refrain from use of the Unchained Capital Services until authorized by Unchained Capital. Notwithstanding the foregoing, your termination of your account or your use of any of the Unchained Capital Services shall not affect in any way your obligations under any Loan Documents that are still in effect.
The Site and the other Unchained Capital Services are owned and operated by Unchained Capital. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Unchained Capital Services provided by Unchained Capital (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that are provided and owned by Users, all Materials contained on any of the Unchained Capital Services are the property of Unchained Capital or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Unchained Capital or its affiliates and/or third-party licensors. Except as expressly authorized by Unchained Capital, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Unchained Capital reserves all rights not expressly granted in these Terms.
Unchained Capital shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to any of the Unchained Capital Services, including the Cryptocurrency Secured Loans, without restriction or payment of any kind to you.
Unchained Capital operates principally on the Internet (although there may be some direct communications, e.g., by phone), so if you want to apply for a Cryptocurrency Secured Loan or otherwise use any of the Unchained Capital Services, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us, therefore, we also need you to consent to our giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to these Terms of Service, you agree to receive electronically all documents, communications, notices, contracts, and agreements, including the Loan Documents, arising from or relating to your use of the Site and the other Unchained Capital Services, including any Cryptocurrency Secured Loans you apply for or receive, your registration as a borrower, the servicing of your Cryptocurrency Secured Loan, (each, a “Disclosure”), from us. The decision to do business with us electronically is yours. This Section 16 informs you of your rights concerning Disclosures.
By accepting these Terms, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes in connection with the Unchained Capital Services, including any Cryptocurrency Secured Loans (and not for spam), at any telephone number, or physical or electronic address you provide, at which you may be reached or numbers or addresses we can reasonably associate with your account (through skip trace, caller ID capture or other means), including by SMS messages (including text messages), Telegram ID and calls and messages (including prerecorded and artificial voice and autodialed). Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You certify, warrant and represent that the telephone numbers and addresses that you have provided to us are your numbers and addresses and not someone else’s. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.
Any Disclosures will be provided to you electronically through either our Site or via electronic mail to the email address you provided. If you require paper copies of such Disclosures, you may sign in to your account on our Site and print the documents desired. We may discontinue electronic provision of Disclosures at any time in our sole discretion.
Your consent to receive Disclosures and transact business electronically, and your agreement to do so, applies to any transactions to which such Disclosures relate, between you and Unchained Capital. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.
Before you decide to do business electronically with Unchained Capital, you should consider whether you have the required hardware and software capabilities necessary to access and use the Unchained Capital Services and to receive the Disclosures. It is your responsibility to determine and ensure that you have the hardware and software to access and use the Unchained Capital Services and to receive the Disclosures.
You may withdraw your consent to receive Disclosures electronically by contacting us at firstname.lastname@example.org. If you have a pending a Cryptocurrency Secured Loan application on our Site we will terminate it and remove it from our system. If you have already received a Cryptocurrency Secured Loan, all consents will remain in effect, and we will send Disclosures to your verified home address provided during registration.
You agree that (a) any Disclosures that require a signature, including the Loan Documents, may be electronically signed and (b) the electronic signatures appearing on any of the Disclosures, are the same as handwritten signatures for the purposes of validity, enforceability and admissibility.
You can contact us via email at email@example.com. You may also reach us in writing to us at the following address: Unchained Capital, Inc., P.O. Box 662, Austin, TX 78767, Attention: Legal Support. You should print a copy of these Terms for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.
You agree to indemnify, save, and hold Unchained Capital, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site or any of the other Unchained Capital Services or any of the Content, any application for or receipt of any Cryptocurrency Secured Loan, any violation by you of these Terms, any breach of the representations, warranties, and covenants made by you herein or paying any Fees. Unchained Capital reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Unchained Capital, and you agree to cooperate with Unchained Capital’s defense of these claims. Unchained Capital will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Unchained Capital represents and warrants that:
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS SET FORTH IN SECTION 18.1, UNCHAINED CAPITAL AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “UNCHAINED CAPITAL PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE SITE, THE OTHER UNCHAINED CAPITAL SERVICES AND THE CRYPTOCURRENCY SECURED LOANS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, UNCHAINED CAPITAL PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE UNCHAINED CAPITAL SERVICES OR THE CRYPTOCURRENCY SECURED LOANS, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE UNCHAINED CAPITAL PARTIES OR THROUGH THE SITE OR THE OTHER UNCHAINED CAPITAL SERVICES OR THE CRYPTOCURRENCY SECURED LOANS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT THE USE OF ANY OF THE UNCHAINED CAPITAL SERVICES, AND ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE UNCHAINED CAPITAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
THE UNCHAINED CAPITAL PARTIES DO NOT WARRANT THAT THE DATA, ASSESSMENTS, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH ANY OF THE UNCHAINED CAPITAL SERVICES, OR ANY THIRD-PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY UNCHAINED CAPITAL, THE UNCHAINED CAPITAL PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE UNCHAINED CAPITAL SERVICESTHE OR ANY THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH ANY OF THE UNCHAINED CAPITAL SERVICES OR ANY THIRD-PARTY SITE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
UNCHAINED CAPITAL IS NOT AN EXCHANGE, ADMISTRATOR OR ISSUER OF VIRTUAL CURRENCY OR BANK, BROKER DEALER, INVESTMENT CLUB, OR INVESTMENT ADVISOR, BUT RATHER A PLATFORM THROUGH WHICH BORROWERS CAN USE THEIR BITCOIN OR ETHER AS COLLATERAL FOR LOANS. BORROWERS SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE U.S. AND INTERNATIONAL LAWS AND REGULATIONS RELATING TO THE USE OF BITCOIN AND/OR ETHER. EACH OF THE BORROWERS AND OTHER USERS OF THE UNCHAINED CAPITAL SERVICES SHALL INDEMNIFY UNCHAINED CAPITAL FOR ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, INCLUDING LEGAL FEES AND EXPENSES, ARISING OUT OF OR RELATED TO THE USE OF BITCOIN AND/OR ETHER AS COLLATERAL, INCLUDING THE VIOLATION (WHETHER INTENTIONAL OR NOT) OF ANY APPLICABLE U.S. OR INTERNATIONAL LAWS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE UNCHAINED CAPITAL PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE OF THE SITE OR THE OTHER UNCHAINED CAPITAL SERVICES, OR APPLICATION FOR ANY CRYPTOCURRENCY SECURED LOAN OR ANY OTHER INTERACTIONS WITH UNCHAINED CAPITAL, EVEN IF UNCHAINED CAPITAL OR A UNCHAINED CAPITAL 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 SUCH CASES, UNCHAINED CAPITAL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE UNCHAINED CAPITAL PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND THE OTHER UNCHAINED CAPITAL SERVICES, INCLUDING THE APPLICATION OR RECEIPT OF ANY CRYPTOCURRENCY SECURED LOAN, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $50 AND (B) THE FEES PAID BY YOU, IF ANY, TO UNCHAINED CAPITAL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, WHICHEVER IS GREATER. Nothing in this Section 19.2 is intended to limit our responsibility or liability to you with respect to any Cryptocurrency Collateral or to the return of your Cryptocurrency Collateral after your Cryptocurrency Secured Loan (and any interest and other amounts owing) has been paid in full.
If you have a dispute with any other Users or other third parties, you hereby release Unchained Capital and the other Unchained Capital Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN UNCHAINED CAPITAL AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE UNCHAINED CAPITAL SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
YOU ACKNOWLEDGE AND AGREE THAT UNCHAINED CAPITAL HAS OFFERED THE UNCHAINED CAPITAL SERVICES AND THE CRYPTOCURRENCY SECURED LOANS, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND UNCHAINED CAPITAL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND UNCHAINED CAPITAL. UNCHAINED CAPITAL WOULD NOT BE ABLE TO PROVIDE ANY OF THE UNCHAINED CAPITAL SERVICES OR THE CRYPTOCURRENCY SECURED LOANS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Unchained Capital Services or any underlying intellectual property, information or technology except with Unchained Capital’s prior written approval and in full compliance with all United States, foreign and other applicable export control laws and regulations.
Unchained Capital may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the Unchained Capital Services. Notice will be deemed given twenty-four hours after the email is sent, unless Unchained Capital is notified that the email address is invalid. Alternatively, Unchained Capital may give you legal notice by mail to a postal address, if provided by you through any of the Unchained Capital Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on any of the Unchained Capital Services is deemed given 30 days following the initial posting.
The failure of Unchained Capital to exercise or enforce any right or provision of these Terms or under any of the Loan Documents will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms or any of the Loan Documents will be effective only if in writing and signed by Unchained Capital.
If a dispute arises between you and Unchained Capital, the goal is to provide you with a neutral and cost-effective methods of resolving the dispute quickly. Accordingly, you and Unchained Capital agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Site or any of the other Unchained Capital Services, or any Cryptocurrency Secured Loan (a “Dispute”) will be resolved in accordance with this Section 21.3 or as Unchained Capital and you otherwise agree in writing. Before resorting to these dispute methods, Unchained Capital strongly encourages you to first contact Unchained Capital directly to seek a resolution.
The parties hereby irrevocably and unconditionally agree that service of process in any such Dispute may be effected by mailing a copy of such process by certified mail, postage prepaid, to such party at the address provided by such party.
(a) Choice of Law. THESE TERMS SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO
ITS CONFLICT OF LAW PROVISIONS. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS, ANY OF THE UNCHAINED CAPITAL SERVICES OR ANY CRYPTOCURRENCY SECURED LOAN.
(i) Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND UNCHAINED CAPITAL (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS, ANY OF THE UNCHAINED CAPITAL SERVICES OR ANY CRYPTOCURRENCY SECURED LOAN, INCLUDING WITHOUT LIMITATION, YOUR RIGHTS OF PRIVACY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND UNCHAINED CAPITAL HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND UNCHAINED CAPITALWOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any such arbitration shall be in English and be held in Austin, TX and the number of arbitrators shall be one (1). Except as otherwise required by law, the parties and the arbitrator agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute. You may bring claims only on your own behalf.
NEITHER YOU NOR UNCHAINED CAPITAL WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST UNCHAINED CAPITAL INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Unchained Capital is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Unchained Capital without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your use of the Site any of the other Unchained Capital Services or the Cryptocurrency Secured Loans or your relationship with Unchained Capital, your obligations with respect to any outstanding Cryptocurrency Secured Loan shall continue without change and any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.4, 4.5, 4.6, 5 and 9 – 11, 13 - 21.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Unchained Capital is based in the state of Texas in the United States and only provides Cryptocurrency Secured Loans in Texas and certain other States (the “Approved States”). Unchained Capital makes no claims that any of the Unchained Capital Services, any Cryptocurrency Secured Loan or any of the content is accessible or appropriate outside of the Approved States or the United States. Access to the Site and the other Unchained Capital Services, and the Cryptocurrency Secured Loans may not be legal by certain persons or in certain countries. If you access any of these Unchained Capital Services from outside of any of the Approved States or the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Unchained Capital with respect thereto.
The Site and the other Unchained Capital Services, and the Cryptocurrency Secured Loans are offered by Unchained Capital, Inc. located at: P.O. Box 662, Austin, TX 78767 and email: firstname.lastname@example.org.
If you are a California resident, you may have this same information emailed to you by sending a letter to Unchained Capital, Inc., P.O. Box 662, Austin, TX 78767 with your email address and a request for this information. (Including the foregoing information is not intended to suggest that Unchained Capital is authorized to provide Cryptocurrency Secured Loans to a California resident.)
California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. (Including the foregoing information is not intended to suggest that Unchained Capital is authorized to provide Cryptocurrency Secured Loans to a California resident.)
© 2017 Unchained Capital, Inc.