PLEASE READ CAREFULLY: These Terms and Conditions contain important information about your legal rights, remedies, and obligations.
1. TERMS OF ACCEPTANCE
The Scoin Terms and Conditions (“Agreement”) forms a legally binding agreement made between you and us, which governs your access to and use of Scoin Services. It is important that you take the time to read this Agreement carefully. Your participation in and use of Scoin Services is expressly conditioned on your acceptance of this Agreement. You may accept the Agreement by actually using Scoin Services, in which event you acknowledge that we will treat your use of Scoin Services as acceptance of the Agreement from that point forward. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, DO NOT USE SCOIN SERVICES.
Any new features or tools added to Scoin Services will also be subject to this Agreement. We reserve the right, in our sole discretion, to make changes or modifications to this Agreement, the Scoin App, or Scoin Services at any time and for any reason. All changes will be effective immediately upon posting the “Revised” agreement in the Scoin App and you waive any right to receive specific notice of each such change or modification. The revised version will be effective as of the date it is posted, but will not apply retroactively. It is your responsibility to periodically review this Agreement to stay informed of updates. Your continued use of any of Scoin Services after the date such revisions are posted constitutes your acceptance of those changes. This Agreement does not change the usage rules set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service, whichever apply to you. These Terms may also be viewed on your Scoin Dashboard.
In this Agreement, the following words and phrases will have the following meanings:
- “Account Holder” means an individual who has applied for and received a Scoin Savings Account.
- “Available Funds” means, in respect to the Scoin account the amount of funds available at a given point in time for use by the Account Holder, being a sum of the funds deposited into the Scoin Savings Account as reduced by (i) the funds used for transactions; (ii) subscription fees; and (iii) third-party fees related to processing transactions or returns; and (iv) any fees, costs and/or expenses charged by us. No interest will paid on any Available Funds in a Scoin Savings Account.
- “Dashboard” means a consumer-facing optimized dashboard system within the Scoin App that enables an Account Holder to view the status, balances, transaction history, and other activities performed within such individual’s Scoin Savings Account.
- “Merchant” means any person or entity that uses the Scoin Services to download funds to a Scoin Savings Account and/or accept funds to pay for any digital or physical merchandise, goods, or services the Account Holder may purchase from such person or entity. Examples of Merchants are stores, shops, restaurants, and transport organizations.
- “Password” means the alphanumeric string required for authenticating use of the Scoin Savings Account a mobile or web platform allocated by us or chosen by the Account Holder.
- “Scoin App” means a customized consumer-facing mobile application an individual may download from the Apple® App Store or GooglePlay™.
- “Scoin Savings Account” means the account opened in the name of the Account Holder and maintained by us for use by such Account Holder to accumulate and spend Available Funds in accordance with this Agreement.
- “Scoin Services” means the Scoin Mobile Application(s) , Scoin account ,our websites, software, hardware, promotions, offers, discounts, and other products and services offered or available as a Scoin Savings Account Holder
- “Transaction” means an instruction or an inquiry or communication appearing in our records, given by the Account Holder to deposit funds to or withdraw funds from the Scoin Savings Account.
- “We,” “us” and “our” means Scoin Inc. at www.grabscoin.com, its successors, affiliates or assigns.
- “You” and “your” means an individual who applies to, or registers for, or uses Scoin Services (e.g. an individual who downloads the Scoin App or an Account Holder).
3. OPERATIONAL NOTICE
The Scoin App uses a certain amount of power and use of Scoin Services requires internet access through your mobile device. Additionally, Scoin Services or the Scoin App may not operate properly with all mobile devices or all mobile service providers. We make no representation that the Scoin App or Scoin Services will be compatible with your mobile device or service provider. YOU UNDERSTAND THAT TEXT AND/OR DATA RATES MAY APPLY FROM YOUR MOBILE SERVICE PROVIDER FOR USE OF THE SCOIN APP AND SCOIN SERVICES. You expressly agree that you are responsible for all text charges, data charges, and other expenses resulting from use of Scoin Services, including from any notifications or alerts provided by us or via Scoin Services.
4. ELIGIBILITY AND REGISTRATION
- Eligibility. To fully use Scoin Services, you must open a Scoin Account. Only residents of the United States who are at least 18 years of age are eligible to apply for a Scoin Savings Account.
- Registration. In order to register, create and use a Scoin account we may require that you submit certain personal information, including (but not limited to) your name, mobile phone number, email address, birth date. During the registration process, or when you access the Scoin App, your mobile device ID may be stored. You agree the personal information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to keep this personal information current. You will select a Password to create your Scoin Savings Account. You are responsible for keeping your Password confidential and for any and all use of your Password and Scoin Savings Account (including unauthorized use). You are entirely responsible for all the actions and activities that occur or transpire under your Scoin Savings Account, including any actions taken by persons to whom you have granted access to your Scoin Savings Account. We shall not be liable for any activity and disclaims any control over any Scoin Savings Account. If you suspect any unauthorized activity from your Scoin Savings Account or any breach of security, you must immediately inform us in writing. Email us email@example.com
- Verification. When you register to create a Scoin Savings Account, you will provide us with certain information about yourself to help us verify your identity. You promise to provide current, complete and accurate information about yourself and you further agree to promptly update your Scoin Savings Account to keep the information current. We may, in our sole discretion, use third parties to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize us to request, receive, use, and store such information. We may accept or reject your request to open a Scoin Savings Account in our sole discretion. You hereby authorize us, directly or through third parties, to make any inquires we consider reasonable and necessary to validate your identity and/or authenticate your identification and account information. You acknowledge that we will offer and continue to offer the Scoin Services to you on the condition that you satisfy all due diligence and identity checks we may conduct in accordance with regulatory anti-money laundering requirements. Your lack of cooperation or failure to comply with the anti-money laundering requirements may result in the immediate suspension of your use of Scoin Services and also the termination of this Agreement.
- Termination. We may, through written notice or email, suspend or terminate any Scoin Savings Account or right of any Account Holder to use Scoin Services if we reasonably conclude that such Account Holder has breached this Agreement We reserve the right to suspend or terminate the Scoin Savings Account of any individual who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements. If your Scoin Savings Account has been suspended or terminated by us, you will not be entitled to any refund of the unused balance in your Scoin Savings Account and you will not be allowed to register and create a new Scoin Savings Account under a new identity. In addition to terminating or suspending your Scoin Savings Account, we reserve the right to take appropriate legal action against you, including without limitation pursuing civil, criminal, and injunctive redress. This Agreement shall be binding on you, even in case of suspension or termination. You may terminate this Agreement at any time by ceasing the use of Scoin Services, closing your Scoin Savings Account, and uninstalling the Scoin App on your mobile device. Those provisions of this Agreement that by their very nature survive the expiration or termination of this Agreement shall continue to be a binding obligation on you.
- Reporting & Monitoring: Scoin Inc. reserves the right to monitor and report all transactions, data, personal information, activity as required by federal laws to relevant federal agencies from time to time as a part of Fin CEN regulations of standard reporting. Additionally, Scoin Inc., obligated and required by law to comply and share information with government agencies that counter terrorism, financial fraud, money laundering and entities as such.
5. ELECTRONIC DEBIT(S) AND CREDIT (S) AUTHORIZATION
- Acceptance & Authorization: User, Scoin customer, Scoin consumer accepts and authorizes Scoin Inc., its affiliates to perform electronic debit(s), credit(s) with the member provided financial institution, bank and entities.
- Such authorization stands active for all transactions, active and pending and shall be notified to the member on the outcome at due instance.
- Member, user, Scoin customer is responsible for notifying, intimating to the financial institution of such transactions from occurring.
- Any returned , failed, charge back transactions and fee, penalties associated to such events shall be charged to member accordingly.
6. SCOIN SAVINGS ACCOUNT SECURITY AND LIMITATIONS
As an Account Holder, you will be responsible for the security of your Scoin Savings Account. With respect to account security, you acknowledge and agree as follows:
- We will initially ask you to generate a Password for the safety of your Scoin Savings Account and your Password should be entered only where prompted by us to authenticate a Transaction. You should not share your Password with anyone for any reason.
- You will notify us without undue delay upon becoming aware of the loss, theft, misappropriation or unauthorized use of your Password or Scoin Savings Account. You also agree to promptly notify us of any other breach of security regarding Scoin Services of which you have knowledge or information.
- We may suspend the use of your Password or your Scoin Savings Account where we suspect that security may have been compromised or that unauthorized or fraudulent use of any of Scoin Services has occurred. We will inform you of the suspension of the use of your Password or Scoin Savings Account in advance, if possible, or shortly after such suspension, specifying the reasons for the suspension, unless such details would compromise reasonable security measures or would be unlawful. We will reactivate your Password or Scoin Savings Account or provide you with new active login details or Scoin account as soon as it is practicable after the reasons for the suspension cease to exist or be a threat.
- We are not responsible if your Scoin Savings Account is improperly accessed.
- Your Scoin Savings Account is non-transferrable.
- We will not perform any foreign currency exchange as part of Scoin Services.
- You will not receive any interest on the Available Funds in your Scoin Savings Account.
7. YOUR RESPRESENTATIONS, WARRANTIES, AND RESTRICTIVE COVENANTS.
Before using Scoin Services, you represent and warrant as follows:
- You are at least 18 years of age and that you are at least of the legally required age in the jurisdiction in which you reside to legally enter into a contract, and you have the legal capacity and authority to enter into this Agreement.
- You are legally sound, sane and free from any encumbrance in entering this Agreement and you shall abide by the terms and conditions set forth in this Agreement, as updated and/or amended from time to time.
- You will not access Scoin Services through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use Scoin Services for any illegal or unauthorized purpose and your use of the Services will not violate any applicable law or regulation.
- You will not to use, or permit any third party to use, the Scoin Services to receive cash advances from Merchants or to facilitate the purchase of cash equivalents (traveler’s checks, money orders, bitcoin, and prepaid cards).
- You will not use, or permit any third party to use Scoin Services in connection with any Transaction that is illegal or for any other illegal activity or an illegal purpose.
- You will accept full responsibility for use of Scoin Services and you will be liable for all Transactions and for any related charges, whether or not processed with your knowledge or authority.
- You irrevocably authorize the Merchant to deposit funds into your Scoin Savings Account.
- You irrevocably authorize us to withdraw Available Funds from the Scoin Savings Account.
- You agree to hold us harmless from all actions we take in good faith and in the normal course of business based on Transactions.
8. OUR RIGHTS AND OBLIGATIONS
We will use our best efforts in carrying out the Transactions, but we will not incur any liability either to you, the Merchant, or any other person for any reason whatsoever, including for our delay or inability to carry out a Transaction. We may, at our sole discretion, withdraw or suspend Scoin Services or amend any of its features at any time without notice to you. We will have discretion to prohibit or prevent you from carrying out a Transaction where we have reason to believe the use of Scoin Services is not authorized or the Transaction appears unclear, or not genuine. We will comply with anti-money laundering and Fin CEN regulation as well as other federal requirements in reporting Transactions and information pertaining to Transactions.
9. FEES AND CHARGES FOR SCOIN SERVICES
We will charge a Transaction fee, subscription fee, and any third-party fee related to processing Transactions and returned purchases. Fees and charges are subject to change from time to time and we reserve the right at any time to levy additional fees in connection with any or all Scoin Services, including but not limited to inactivity fees.
10. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Scoin App, its content, all source code, databases, functionality, software, designs, audio, video, text, photographs, images, graphics, and other materials in the Scoin App that are associated with Scoin Services (collectively, “Proprietary Materials”) are owned or controlled by us or other parties that have licensed or otherwise provided their content to us. Proprietary Materials shall be protected in all forms, shapes, mediums, and capacities, whether or not specifically delineated in this Agreement. The trademarks, service marks and logos (“Marks”) contained within Proprietary Materials are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Proprietary Materials and Marks are provided in the App “AS IS” for your information and personal use only. No part of the Scoin App or Scoin Services and no Proprietary Materials or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use Scoin Services, you are granted a limited license to access and use the Scoin App and the Proprietary Materials and to download or print a copy of any portion of the Proprietary Materials to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to Scoin Services, the Scoin App, Proprietary Material, and Marks.
11. LICENSE TO USE THE SCOIN APP
When you use Scoin Services via the Scoin App, we grant you a revocable, non-exclusive, non-transferable limited right to install and use one copy of the Scoin App on mobile devices owned or controlled by you, and to access and use the Scoin App on such devices strictly in accordance with this Agreement. You will not: (a) violate any applicable laws, rules or regulations in connection with our access to or use of the Scoin App; (b) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us on the Scoin App; or (c) use the Scoin App to send automated queries to any website or social media site or page or to send any unsolicited commercial email or text messages. When you use the Scoin App obtained from the Apple® App Store to access Scoin Services, then you acknowledge and agree that (a) the license granted to you for the Scoin App is limited to a non-transferable license to use one copy of the Scoin App on a device that is supported by an operating system with the usage rules set forth in the Apple® App Store’s terms of service; (b) the Apple® App Store has no obligation to furnish any maintenance and support services with respect to the Scoin App; (c) you will comply with applicable third party terms of agreement when using the Scoin App; (d) you acknowledge and agree that the Apple® App Store is a third party beneficiary of this Agreement and that the Apple® App Store will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof; and (e) in the event of any claim by a third party that the Scoin App infringes upon that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by this Agreement.
12. MODIFICATIONS, CORRECTIONS, AND INTERRUPTIONS
There may be information in the Scoin App that contains typographical errors, inaccuracies, or omissions that may relate to Scoin Services. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice. We cannot guarantee Scoin Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Scoin App, resulting in interruptions, delays, or errors in Scoin Services. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Scoin App or Scoin Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Scoin App or Scoin Services during any downtime or discontinuance of the Scoin App or Scoin Services. Nothing in this Agreement will be construed to obligate us to maintain and support the Scoin App or continuation of Scoin Services or to supply any corrections, updates, or releases in connection therewith.
13. ARBITRATION AGREEMENT
- Agreement to Binding Arbitration. In an effort to expedite resolution and to control the cost of any dispute, difference, controversy, or claim arising out of or in any way relating to Scoin Services, your Scoin account the Scoin App, this Agreement, or the breach thereof (“Dispute”), you hereby agree that every such Dispute will be settled, resolved, and determined by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules available at the AAA website www.adr.org (the “Arbitration Agreement”) and judgment on the award rendered by the arbitrator will be entered by any court having jurisdiction thereof.
- Waiver of Right to Jury Trial and Class Action. By entering into this Arbitration Agreement, you are giving up your constitutional right to have any such Dispute decided in a court of law before a judge or jury, and instead, are accepting the use of binding arbitration. In addition, this Arbitration Agreement affects your ability to participate in class, collective, or representative actions. You agree to bring any dispute in arbitration on an individual basis only. To the full extent permitted by law, (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other parties. BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
- Mode of Arbitration & Decision. The resolution of Disputes will be determined by one neutral arbitrator, and not a judge or jury. Each party is entitled to a fair hearing, but the arbitration procedures are simpler and more limited than in court. The mode of arbitration shall be determined by the arbitrator. It can be in person, by phone or online. The arbitrator’s decision is as enforceable as any court order. The decision of an arbitrator shall be binding on the parties and there will generally be no right to appeal an adverse decision. The arbitrator shall issue all decisions in writing and is not required to justify the decision (unless requested by a party). The arbitrator shall issue a reasoned award. The arbitration proceedings and arbitrator’s award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate, or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors, and to family members of a party who is an individual. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages.
- Injunctive Relief and Out-of-Pocket Expenses. A party may apply to the arbitrator seeking injunctive relief until an arbitration award is rendered or the Dispute is otherwise resolved. A party also may, without waiving any other remedy, seek from a court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party pending the arbitrator’s appointment or decision on the merits of the Dispute. If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator shall award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees, and legal costs.
- Place of Arbitration and Time Limit. Except where otherwise required by applicable AAA rules or applicable law, the arbitration will take place in Dallas, Texas. No demand for arbitration may be made after the date when the commencement of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations.
- Enforcing this Arbitration Agreement. Any proceeding to enforce this Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction in the event that this Arbitration Agreement is for any reason held to be unenforceable, any litigation against us may be commenced only in the federal or state courts located in Dallas, Texas. You hereby irrevocably consent to the jurisdiction of these courts for such purposes.
- Governing Law and Jurisdiction. This Agreement and any Dispute will be construed and interpreted in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to conflict-of-law principles. You consent to venue and personal jurisdiction in Dallas, Texas and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
- Refusal to Proceed with Arbitration. In the event that any party to this Arbitration Agreement refuses or fails to go forward with arbitration, the party compelling arbitration reserves the right to proceed with arbitration, the appointment of an arbitrator, and a hearing to resolve the Dispute, despite the refusal to participate or absence of the opposing party. Submission to any Dispute under this Arbitration Agreement may only be avoided by a valid court order, indicating that the Dispute is beyond the scope of this Arbitration Agreement as provided by Texas law or contains an illegal aspect precluding the resolution of the Dispute by arbitration. Any party to this Arbitration Agreement who refuses to go forward with arbitration hereby acknowledges that the arbitrator will go forward with the arbitration hearing and render a binding decision without the participation of the party opposing arbitration.
SCOIN SERVICES AND ALL OTHER CONTENT AND MATERIALS ASSOCIATED WITH THE SCOIN APP ARE PROVIDED ON AN “AS-IS,” “WITH ALL FAULTS,” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH Scoin SERVICES AND YOUR USE OF THE Scoin APP, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AND MATERIALS IN CONNECTION WITH Scoin SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS: (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Scoin APP OR YOUR Scoin SAVINGS ACCOUNT; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Scoin APP OR Scoin SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SCOIN APP BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA Scoin SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Scoin APP OR ANY HYPERLINKED WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF ANY PRODUCTS OR SERVICES. YOU ARE CAUTIONED TO USE Scoin SERVICES AT YOUR OWN RISK.
15. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE APP OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR SCOIN ACCOUNTTHE SCOIN APP, OUR RECORDS, PROGRAMS OR SCOIN SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SCOIN APP OR SCOIN SERVICES OR ANY PROVISION OF THIS AGREEMENT, AS YOUR SOLE AND EXCLUSIVE REMEDY, YOU MAY DISCONTINUE USING SCOIN SERVICES. ALTHOUGH WE WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY AN UNAUTHORIZED USE OF SCOIN SERVICES, YOU MAY BE LIABLE TO OTHERS, AS WELL AS TO US, IF YOU USE SCOIN SERVICES IN VIOLATION OF THIS AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold us harmless and all of our respective officers, agents, partners and employees, from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your use of Scoin Services; (b) breach of this Agreement; (c) any breach of your representations and warranties set forth in this Agreement; (d) your violation of the rights of a third party; or (e) any overt harmful act toward any user of Scoin Services, Merchant, or other third party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
17. ELECTRONIC COMMUNICATION
By accessing the Scoin App, or registering for a Scoin account or otherwise using Scoin Services, you agree that we may collect, use, and disclose certain information about you. We may use this information to contact you using various electronic communication methods for a variety of purposes, such as to inform you of additional features of Scoin Services or for purposes of informing you of any related services (any such contact is hereafter referred to as “Messages”). You agree that any Messages we may transmit to you electronically will satisfy any legal communication requirements, including that such communication be in writing. Please be aware that text and/or data rates may apply to Messages you may receive via your mobile device, depending on the data plan you have with your mobile service provider.
19. GENERAL PROVISIONS
This Agreement and any policies or operating rules posted by us in the Scoin App or in respect to your Scoin Savings Account or Scoin Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act arising out of or on account of any cause beyond our reasonable control. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed stricken and does not affect the validity and enforceability of any remaining provisions of this Agreement. You agree that this Agreement will not be construed against us by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
20. CONTACT US
If you have any questions or comments about this Agreement, please contact us at: firstname.lastname@example.org