Terms of Service
Last updated: June 1, 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE THROUGH THE USE OF AN ELECTRONIC SIGNATURE PROCESS TO ACCEPT AND SIGN THESE TERMS OF SERVICE (SUCH AS YOUR INDICATION OF ACCEPTANCE OF THESE TERMS BY A CLICK-THROUGH OR CLICK-WRAP PROCESS PRESENTED ON OUR APP OR WEBSITE), AS WELL AS BY YOUR USE OF OUR SERVICES. . THESE TERMS OF SERVICE GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, INCLUDING THAT WE MUST ARBITRATE CERTAIN CLAIMS THROUGH BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION WHEN YOU SIGN UP OR AGREE TO THESE TERMS OF SERVICE. UNLESS YOU OPT OUT, YOU WILL ONLY BE PERMITTED TO BRING CLAIMS AGAINST US AND SEEK RELIEF 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.
Summary of Terms of Service
This summary of our Terms of Service offers you an overview of the key terms that apply to your use of our Services. While we hope this summary section is helpful, you should read the complete Terms of Service below since they provide important information about how our services work. If there is any conflict between this summary and the complete Terms of Service, then the complete Terms of Service will control. Please note that we refer to our website or retail locations where you can complete payment for the exchange of cash to and from bitcoin as “Conversion Sites.”
Our Services
Our Services provide you with a way to trade government issued assets (such as U.S. dollars) for digital assets (such as bitcoin). You may also use our Services (defined below) to purchase digital assets directly from and to us. Our Services do not provide users with the ability to trade one form of fiat currency for another form of fiat currency. Eligibility and Acceptable Use You must meet certain eligibility criteria to use our Services. For instance, you must be an adult and there are certain locations from which you may not be able to use some or all of our Services. Additionally, there are certain things you cannot do when using our Services, such as engage in illegal activities, lie, or do anything that would cause damage to our services or systems. Please see the acceptable use section in our Complete Terms of Service for more details. Volatility Risks Owning digital assets may be risky. Please don’t use our Services if you do not understand these risks. Other Important Legal Terms There are important legal terms provided below in the complete Terms of Service, including your indemnification responsibilities, our limitation of liability and warranty disclaimers, and your agreement to arbitrate most disputes. Please take the time to read these terms carefully. You can always contact us if you have any questions by emailing us at: [email protected].
Complete Terms of Service
These Terms of Service and any terms expressly incorporated herein (“Terms“) apply to your access to and use of the websites, mobile apps, machines, and retail store services provided by LibertyX and its wholly owned subsidiaries (collectively, “Moon,” “LibertyX,” “we,” or “us“), and the conversion services provided by LibertyX as described in these Terms (collectively, our “Services“).
1. KEY DEFINITIONS
Capitalized terms not otherwise defined in these Terms will have the following meaning:
1.1 “Funds” means Digital Asset and/or Legal Tender.
1.2 “Legal Tender” or “Fiat Currency” means any national currency, such as U.S. dollars, that may be used in connection with a purchase of Digital Assets via the Services, and does not include any Digital Asset.
1.3 “Digital Asset” or “Virtual Currency” means bitcoin and other virtual currencies that may be purchased, sold or traded via the Services.
1.4 “Machine” means any bitcoin dispensing system.
2. ELIGIBILITY
2.1 We may restrict or prohibit use of the Services from certain U.S. states or foreign jurisdictions including, without limitation, Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country (“Restricted Locations“). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and that the legal entity is not registered in a Restricted Location; and (ii) you are duly authorized by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are over the age of eighteen and of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the United States has embargoed goods or services; (e) are not identified on any sanctions list, including but not limited to the Specially Designated Nationals and Blocked Persons List (“SDN List”) administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control; (f) are not placed on the Commerce Department’s Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
3. Consent for Collection of Biometric Information
Biometric Information and Identifiers: As a part of using the Service, your facial image may be collected, stored, disclosed, and used by us to enable enrollment in the service, verify identities, and comply with our obligations under law. By submitting, uploading, publishing, displaying, or otherwise providing your facial image through the Services, you consent to the collect and use of such biometric information by LibertyX, our affiliates, and our services providers, as described herein and/or in the Service. Unless we indicate otherwise, you hereby grant LibertyX and its affiliates an unrestricted, nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, and fully sublicensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your facial image, and any information derived therefrom, in making the Services available to you, for our internal business purposes and for creating, disclosing, and using for any purposes aggregated and/or anonymized data.
4. GENERAL OBLIGATIONS
This Section 4 applies to: (i) all conversions completed via the Services and (ii) your purchase of Digital Assets directly from us via the Services.
4.1 Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any requested conversion submitted via the Services, impose limits on the conversion amount permitted via the Services, or impose any other conditions or restrictions upon your use of the Services without prior notice. For example, we may limit the aggregate number or value of transactions that you may establish via the Services or we may restrict conversions from certain locations.
4.2 Accuracy of Information. You must provide any information required when prompted by any screen displayed within the Services or person providing the Services. You represent and warrant that any information you provide via the Services is accurate and complete.
4.3 Cancellations. You may only cancel an order initiated via the Services if such cancellation occurs before we execute the transaction. Once your order has been executed, you may not change, withdraw, or cancel your authorization for LibertyX to complete such transaction. We reserve the right to refuse any cancellation request associated with a conversion request once you have submitted such order. While we may, at our sole discretion, reverse a conversion under certain extraordinary conditions, a customer does not have a right to a reversal of a conversion.
4.4 Taxes. It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that LibertyX is not responsible for determining whether taxes apply to your conversions or for collecting, reporting, withholding, or remitting any taxes arising from any conversions.
5. CONVERSIONS
This Section applies only when you use the Services to trade Legal Tender for Digital Assets.
5.1 Authorization. When you submit a new order via the Services, you authorize LibertyX to execute a transaction in accordance with such order on a spot basis and charge you any applicable fees (as described in Section 8 below).
5.2 Independent relationship. You acknowledge and agree that: (a) LibertyX is not acting as your broker, intermediary, agent, or advisor, or in any other fiduciary capacity, and (b) no communication or information provided to you by LibertyX shall be considered or construed as advice.
5.3 Conversion confirmation. Once the Services execute your trade, a confirmation will be electronically made available via the Services detailing the particulars of the conversion. You acknowledge and agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.
5.5 Market volatility. Particularly during periods of high volume, illiquidity, fast movement, or volatility in the marketplace for any Digital Assets or Legal Tender, the actual market rate at which a market order or trade is executed may be different from the prevailing rate indicated via the Services at the time of your order or trade. You understand that we are not liable for any such price fluctuations. In the event of a market disruption or Force Majeure event (as defined in Section 20.5), LibertyX may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
6. RISK DISCLOSURE
You acknowledge and agree that you access and use the Services at your own risk. The risk of loss in Digital Assets, including converting between Digital Asset and Legal Tender pairs, can be substantial. You should, therefore, carefully consider whether utilizing Digital Assets, including conversion of Digital Assets, is suitable for you in light of your circumstances, risk tolerance, and financial resources. You should be aware of the following risks:
6.1 Conversion risks. You may sustain a total loss of the value of the Digital Assets you acquired using the Services. Under certain market conditions, you may find it difficult or impossible to convert your Digital Assets.
6.2 Internet transmission risks. You acknowledge that there are risks associated with utilizing an Internet-based conversion system including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that LibertyX shall not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when trading via the Services, however caused.
6.3 Government risks. Virtual Currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections; and legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Virtual Currency.
6.4 Irreversibility risk. Transactions in Virtual Currency may be irreversible and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. If purchasing something with virtual currency, we recommend waiting for at least one confirmation (10 minutes) for medium-value transactions, and six confirmations (~1 hr) for high value transactions. The irreversibility of Virtual Currency may lead to an increased risk of fraud or cyberattack.
6.5 Recordkeeping risk. Some Virtual Currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction. If determining when a transaction was broadcasted and propagated is important to you, it is your responsibility to take appropriate measures outside of the Service (for example, running a full node and keeping adequate logs).
6.6 Volatility risk. The value of Virtual Currency may be derived from the continued willingness of market participants to exchange Fiat Currency for Virtual Currency, which may result in the potential for permanent and total loss of value of a particular Virtual Currency should the market for that Virtual Currency disappear. The volatility and unpredictability of the price of Virtual Currency relative to Fiat Currency may result in significant loss over a short period of time.
6.7 Acceptance risk. There is no assurance that a Person who accepts a Virtual Currency as payment today will continue to do so in the future.
6.8 Technical difficulties risk. Any technological difficulties experienced by the Licensee may prevent a customer from being able to purchase virtual currency using the service.
6.9 Bonding risk. Any bond or trust account maintained by the Licensee for the benefit of its customers may not be sufficient to cover all losses incurred by customers.
6.10 Unknown risk. Virtual Currency is a relatively new technology, and there are likely to be many unknown risks or other risks that are not described herein.
7. DIGITAL ASSET TERMS OF SALE
This Section applies only when you use the Services to purchase Digital Assets directly from LibertyX
7.1 Prices; Availability. All prices reflect the exchange rates applicable to the purchase of Digital Assets using the Legal Tender or alternative form of Digital Assets identified in your purchase order. All Digital Asset sales by LibertyX are subject to availability, and we reserve the right to discontinue the sale of Digital Assets without notice.
7.2 Purchase Quotes. Prior to completing your purchase of Digital Assets from LibertyX, we will provide notice of the amount of Digital Assets you intend to purchase and the amount of Funds you will be required to pay to LibertyX to receive such Digital Assets or Legal Tender. You agree to comply with any terms and conditions provided within such notice to complete your purchase transaction.
7.3 Errors. In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received.
7.4 Payment Method. Only valid payment methods specified by us may be used to purchase Digital Assets. By placing an order to purchase Digital Assets from LibertyX, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize us, or our service providers, to charge your designated payment method. If the payment method you designate cannot be verified, is invalid, or is otherwise not acceptable, your purchase order may be suspended or canceled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.
7.5 No Returns or Refunds. All sales of Digital Assets by LibertyX via the Services are final. We do not accept any returns or provide refunds for your purchase of Digital Assets from LibertyX, except as otherwise provided in these Terms. You are responsible for any unauthorized transactions.
7.6 Recordkeeping. Your account will have a Transactions tab that will keep a record of your purchases. Each transaction record will include the amount of the transaction, fees, the exchange rate, the type of virtual currency transaction, the time, the date, a description of miner confirmations, and other disclosures and descriptions that clarify the details of the transaction.
7.7 Redemption Expiration. You acknowledge and agree to provide your bitcoin wallet address and complete the bitcoin redemption process within 2 business days (Mon-Fri) from time PIN is purchased or the time the store payment is made. * Note: PINs are not available for purchase or redemption in New York State.
8. FEES
8.1 Amount of Fees. You agree to pay LibertyX the fees for conversions completed via our Services (“Fees“) as made available online, in-person, or in-store. Transactions will be created at the prevailing exchange rate on LibertyX.com and will include fees listed on the store’s page and miner fees listed in our app and on our website. The exchange rate (as set by us), store fees, and miner fees (as set by us) may be changed without notice. Miner fees will fluctuate due to changing network conditions and will be subtracted from bitcoin purchased. You will receive electronic receipts which detail all fees charged for every transaction. Exchange rates quoted in wallets are sometimes not indicative of exchange rates that the average consumer can secure. The rates published in some wallets are “spot rates” available in large amounts for professional traders transferring between banks.
8.2 Payment of Fees. You authorize us, or our designated payment processor, to charge or deduct your Funds for any applicable Fees owed in connection with conversions you complete via the Services.
9. ACCEPTABLE USE
9.1 When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right, that you will not commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
9.1.1 Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
9.1.2 Use our Services to pay for, support, or otherwise engage in any illegal gambling activities; fraud; money-laundering; terrorist activities; or other illegal activities;
9.1.3 Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our Services or to extract data;
9.1.4 Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
9.1.5 Develop any third-party applications that interact with our Services without our prior written consent;
9.1.6 Provide false, inaccurate, or misleading information;
9.1.7 Encourage or induce any third party to engage in any of the activities prohibited under this Section;
9.1.8 Use our Services to purchase and send bitcoin to an address not controlled (or owned) by yourself;
9.1.9 Use our Services to purchase PINs for individuals other than yourself; or
9.1.10 Attempt to circumvent system limits by creating multiple accounts or enlisting others on your behalf.
10. FEEDBACK
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials regarding LibertyX or our Services that you provide, whether by email, posting through our Services, or otherwise (“Feedback“). Any Feedback you submit is non-confidential and shall become the sole property of LibertyX. 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 waive any rights you may have to the Feedback (including any copyrights or moral rights). You grant us the right, and hereby consent, to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We may remove any posting you make on our website if, in our sole discretion, your post does not comply with the content standards set out in this section.
11. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
11.1 Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Moon Inc. or LibertyX logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “LibertyX Materials“) are the proprietary property of Moon Inc. or our licensors or suppliers and are protected by U.S. and international copyright laws and other intellectual property rights laws.
11.2 We hereby grant you a limited, nonexclusive, revocable, and non-sublicensable license to access and use the LibertyX Materials for the sole purpose of accessing and utilizing the Service as contemplated herein. Such license is subject to these Terms and does not permit (a) any resale of the LibertyX Materials; (b) the distribution, public performance, or public display of any LibertyX Materials; (c) modifying or otherwise making any derivative uses of the LibertyX Materials or any portion thereof; or (d) any use of the LibertyX 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.
12. TRADEMARKS
“Moon Inc.,” “LibertyX,” the LibertyX logo, the Moon Inc. logo, “Liberty Teller,” the Liberty Teller logo, and any other Moon Inc. product or service names, logos, or slogans that may appear on our Services are trademarks of Moon Inc., in the United States and in other countries, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any trademark, product, or service name of Moon Inc. without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product, or service name of Moon Inc. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Moon Inc. and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
13. THIRD-PARTY CONTENT
In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links (“Third-Party Content“). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
14. SUSPENSION; TERMINATION
In the event of any Force Majeure Event (as defined in Section 20.5), breach of these Terms of Service, or any other event that would make provision of the Services commercially unreasonable for LibertyX, we may, in our sole discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice without liability to you, including, without limitation, in the event that you breach any term of these Terms. In the event of termination, LibertyX will attempt to return any excess Funds not otherwise owed to LibertyX, unless LibertyX determines in its sole discretion you may have committed fraud, negligence, or other misconduct.
15. DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without liability to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
16. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT, OR OTHER DISASTERS, INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in these Terms may not apply to you.
17. LIMITATION OF LIABILITY
(a) EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL LIBERTYX, OUR DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE LIBERTYX MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM LIBERTYX, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LIBERTYX’S RECORDS, PROGRAMS, OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of these Terms may not apply to you.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LIBERTYX (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER RIGHT OR OBLIGATION UNDER THESE TERMS EXCEED THE FEES PAID BY YOU TO US DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
18. INDEMNITY
You agree to defend, indemnify, and hold harmless LibertyX (and each of our officers, directors, members, employees, agents, and affiliates) from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
19. APPLICABLE LAW; ARBITRATION
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.
19.1 The laws of the State of Georgia and the Federal Arbitration Act will govern all disputes arising out of or relating to the Services and the Terms of Service, regardless of conflict of laws rules. Except as provided below, any dispute, claim, or controversy arising out of or relating in any way to the Services, these Terms of Service, or any aspect of our relationship (a “Claim”) will be determined by binding arbitration instead of in courts. “Claim” does not include any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents (“Excluded Claims”). Each party waives (as permitted by applicable law) any right to a trial by jury of any Claim. If and to the extent this agreement to arbitration does not apply to any Claim, such as with respect to an Excluded Claim, that Claim will be tried before a judge sitting without a jury.
19.2 Each of us may bring Claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding. Unless both you and LibertyX agree otherwise in a separate writing, the arbitrator may not consolidate or join more than one Claim, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only as necessary to provide relief required by that party’s individual Claim(s). Any relief awarded cannot affect other LibertyX users. If a court decides that applicable law prohibits enforcement of this paragraph’s prohibitions on class, representative, or private attorney general actions or proceedings as to any Claim, then that Claim (and only that Claim) must be severed from the arbitration and resolved in court after all arbitrable Claims have been resolved, subject to your and LibertyX’s right to appeal the court’s decision not to enforce this paragraph’s prohibitions. All other Claims other than Excluded Claims will be arbitrated. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that issues relating to the interpretation or enforceability of this class action waiver will be resolved by a court of competent jurisdiction. Other than issues related to the class action waiver, the arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, any part of it, or of the Terms of Service.
19.3 The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms of Service. The AAA’s Supplementary Rules for Class Arbitrations will not apply. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The AAA’s rules will also govern payment of all filing, administration, and arbitrator fees.
19.4 If you elect to seek arbitration, you must first send LibertyX a written notice of your Claim. The notice should be to ATTN: [email protected]. The notice must (a) describe the nature and basis of the Claim and (b) set forth the specific amount of damages or other relief sought. You and LibertyX agree that good faith efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and LibertyX therefore agree that, after a notice of a Claim is sent but before either you or LibertyX commence arbitration against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim. If we do not reach an agreement to resolve the Claim within sixty (60) days after the notice is received, you or LibertyX may commence an arbitration proceeding by filing a demand for arbitration through the procedures described above. These Terms of Service bind the arbitrator. A form for starting arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. The arbitration will take place in the county in which you reside or at another agreed location. If the value of the relief sought is $10,000 or less, you or LibertyX may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you, LibertyX, or both may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substantive merit of all Claims in accordance with the laws of the State of Georgia, including recognized principles of equity, and will honor all Claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different LibertyX users, but is bound by rulings in prior arbitrations involving the same LibertyX user to the extent required by law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having appropriate jurisdiction. With the exception of the waiver on class actions, if an arbitrator or court decides that any part of this section is invalid or unenforceable, the other parts of this section shall still apply. If an arbitrator or court determines that the class action waiver is unenforceable, then this entire arbitration agreement will be unenforceable, subject to your and LibertyX’s right to appeal the decision not to enforce the class action waiver.
19.5 If you are a new user of our Services, you can choose to reject the agreement to arbitrate in these Terms of Service by notifying us you opt out. You must send us notice that you intend to opt out of this agreement to arbitrate no later than 30 days after the date you accept the Terms of Service containing this opt out procedure for the first time. You must send your notice to: [email protected].
19.6 If more than 500 claimants file materially identical arbitration claims against LibertyX with the AAA, the arbitration agreement described above will immediately terminate and all parties must resolve their Claims in the state courts in Atlanta, Georgia or in the United States District Court for the Northern District of Georgia.
20. MISCELLANEOUS
20.1 Entire Agreement; Order of Precedence. These Terms contain the entire agreement of the parties and supersede all prior and contemporaneous understandings between the parties regarding the Services. Other than the agreement to arbitrate, these Terms do not alter the terms or conditions of any other electronic or written agreement you may have with LibertyX for the Services or for any other LibertyX product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with LibertyX, these Terms will control.
20.2 Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, by providing notice on the homepage of the Site, by posting the amended Terms via the applicable LibertyX websites and updating the “Last Updated” date at the top of these Terms, or by some or all of these methods for providing notice to you. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after LibertyX provides notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
20.3 Waiver. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
20.4 Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
20.5 Force Majeure Events. LibertyX shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond LibertyX’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, pandemic, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, equipment or software malfunction, or any other cause beyond LibertyX’s reasonable control (each, a “Force Majeure Event“).
20.6 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from LibertyX, including by operation of law or in connection with any change of control. LibertyX may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
20.7 Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
20.8 Survival. Sections 2 (Eligibility), 6 (Risk Disclosure), 8 (Fees), 10 (Feedback), 11 (Copyrights), 12 (Trademarks), 13 (Third-Party Content), 16 (Disclaimer of Warranties), 17 (Limitation of Liability); 18 (Indemnity), 19 (Applicable Law; Arbitration) and this Section 20 (Miscellaneous) shall survive any termination or expiration of these Terms.
20.9 Attention customers using LibertyX’s “Add Cash” features at cash-accepting retailers (“Chain Retailers”): LibertyX is offering a service that allows customers to add cash to its closed loop system. Cash added to a LibertyX account balance cannot be used for any other purpose other than converting to bitcoin using LibertyX Services. Any account balance that is not converted to bitcoin by customer in-app is automatically converted at 8p ET daily. LibertyX account balances are non-transferrable. The “Add Cash” feature is not available in all states. Please use the LibertyX store locator to find participating retailers near you.
20.10 Attention New York residents: To contact LibertyX you can reach us by phone: (800) 511-8940, email: [email protected], live-chat: chat box located at the bottom right of the screen while on libertyx.com or by mail: 1221 Brickell Avenue, Suite 900, Miami, FL, 33131. Additionally, you may bring your complaint to the attention of the New York Department of Financial Services, whose contact information is as follows: New York State Department of Financial Services, One State Street, New York, NY 10004-1511, (212) 480-6400, http://www.dfs.ny.gov/. New York State Service of Process: Incorp Services, Inc. One Commerce Plaza, 99 Washingtion Ave, STE 805-A, Albany, NY, United States, 12210.
20.11 Attention Washington state customers: For virtual currency transactions: (i) All fees and charges assessed on a transaction are disclosed on each location’s page and displayed prior to any payment. Additionally, a detailed breakdown of fees can be found on the transaction receipt under your account. (ii) Bitcoin or any virtual/digital currency sold by Moon is not insured or guaranteed by an agency of the United States, such as the federal deposit insurance corporation (FDIC) or the securities investor protection corporation (SIPC) or by private insurance against theft or loss, including cyber theft or theft by other means. (iii) The transfer of virtual currency or digital units is irrevocable without exception. (iv) As Bitcoin transactions are irreversible and the customer provides the bitcoin address used for the bitcoin purchase, customer understands that LibertyX has no liability for unauthorized, mistaken, or accidental transfers. (v) The nature of virtual currency may lead to an increased risk of fraud or cyber attack and the consumer’s virtual currency value may be irretrievably stolen. LibertyX does not ever hold, control or access customers’ Bitcoin so it is up to customers to follow best practices to secure their Bitcoin and virtual/digital currency holdings.
20.12 Attention Florida customers: NOTICE: By the Florida Office of Financial Regulation: BY GRANTING MOON INC. A LICENSE, THE FLORIDA OFFICE OF FINANCIAL REGULATION IS NOT ENDORSING THE USE OF DIGITAL OR VIRTUAL CURRENCIES. U.S. currency is legal tender backed by the U.S. government. Digital and virtual currencies are not issued or backed by the U.S. government, or related in any way to U.S. currency, and have fewer regulatory protections. The value of digital and virtual currencies is derived from supply and demand in the global marketplace which can rise or fall independently of any fiat (government) currency.Holding digital and virtual currencies carries exchange rate and other types of risk. POTENTIAL USERS OF DIGITAL OR VIRTUAL CURRENCIES, INCLUDING BUT NOT LIMITED TO BITCOIN, SHOULD BE FOREWARNED OF A POSSIBLE FINANCIAL LOSS AT THE TIME THAT SUCH CURRENCIES ARE EXCHANGED FOR FIAT CURRENCY DUE TO AN UNFAVORABLE EXCHANGE RATE. A FAVORABLE EXCHANGE RATE AT THE TIME OF EXCHANGE CAN RESULT IN A TAX LIABILITY. PLEASE CONSULT YOUR TAX ADVISOR REGARDING ANY TAX CONSEQUENCES ASSOCIATED WITH YOUR HOLDING OR USE OF DIGITAL OR VIRTUAL CURRENCIES. If you have a complaint, please contact LibertyX at (800) 511-8940, email: [email protected], live-chat: chat box located at the bottom right of the screen while on libertyx.com or by mail: 1221 Brickell Avenue, Suite 900, Miami, FL, 33131. If you still have an unresolved complaint regarding LibertyX’s money transmission activity, you may file it by contacting the Florida Office of Financial Regulation at: Online: https://flofr.gov/sitePages/FileAComplaint.htm. To file your complaint, you will need to register electronically through Online Services. A valid email address is required. Florida Office of Financial Regulation - Consumer Finance 200 E. Gaines Street, Tallahassee, FL 32399-0376 850-487-9687 FL Office of Financial Regulation Complaint Portal: https://flofr.gov/sitePages/FileAComplaint.htm
20.12 Attention Georgia customers: The Georgia Department of Banking and Finance - Consumer Resources: File a Complaint. We do not intervene in disputes between consumers and financial service providers, but we do use complaint information in the regulatory process. To file a complaint with the regulators, you may securely do so with the Consumer Financial Protection Bureau, an agency of the federal government, at http://www.consumerfinance.gov/complaint/ (links off-site) or by telephone at (855) 411-2372.
21. AML Terms
21.1 This Section is designed to articulate Moon’s commitment to detecting, preventing and reporting attempts to use its financial services platform to illegally launder money, to finance illegal activities such as terrorism and drug trafficking, or to commit fraud.
21.2 LibertyX’s policy is to comply with applicable laws and regulations regarding AML and identity verification, and to detect and prevent the use of its Service for money laundering or to facilitate criminal or terrorist activities. Additionally, LibertyX is committed to preventing the use of its Services by persons that are subject to sanctions and have been designated on the Specially Designated Nationals and Blocked Persons List (“SDN List”) administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). While LibertyX is committed to protecting its users’ privacy, it will not knowingly allow people to use its Services to launder money, commit fraud or other financial crimes, finance terrorist activities, or facilitate other illegal conduct.
21.3 LibertyX reserves the right to refuse registration to persons from or in jurisdictions that do not meet international AML standards or could be considered as a Politically Exposed Person. LibertyX will refuse registration to persons designated on OFAC’s SDN List.
21.4 LibertyX reserves the right to verify our users and their transactions. In addition to this, any attempt to abuse LibertyX or its platform will result in an immediate account suspension.
21.5 Our AML and KYC policies per regional jurisdiction are as follows: Registered members from all regions and jurisdictions are required to verify their identities, prior to being authorized to perform any transaction involving fiat currency. Suspicious transactions will result in a Suspicious Activity Report being submitted to the relevant regulatory and compliance bodies applicable in the registered members’ verified country of origin. Any blocked or rejected transactions will also be reported to OFAC as required by law.