Terms of service

March 7, 2022

 

Welcome to Cointelli! These Terms of Service (“Terms”), govern your use of the Cointelli (“Cointelli”, “we” or us”) website and/or any mobile application, or software, where these Terms appear or are linked (collectively, the “Service”). By using the Service, you accept and agree to these Terms, our Privacy Policy, and any other terms and conditions, policies or disclaimers found in our Service (collectively the "Service Policies"). We encourage you to read the Service Policies carefully. 

If you do not understand the Service Policies, or do not agree to be bound by them, you may not access or use the Service. 

These terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 6 (Dispute Resolution) for full details.

 

I. ABOUT THE SERVICE

a. What We Do. Cointelli facilitates the tracking and consolidation of information such as transaction data from crypto exchanges, wallets, and other crypto services. We use that information to provide you with documents and information for your cryptocurrency tax reporting, such as Form 8949 and Schedule D, and estimates of your tax liability based on the data you provide. Cointelli may also provide a list of third-party tax professionals and associated platforms. 

b. What We Don’t Do. The Service may offer a list of tax advisors who may be able to advise you on tax reporting solely for your convenience, but we do not endorse any particular tax advisor or professionals. It is solely your decision whether to use one of the tax professionals listed in the Service. We assume no responsibility or liability for any loss based on your tax advisor’s work or your relationship with your advisor. You are solely responsible for choosing your own advisor. We do not sell, recommend, or manage any cryptocurrency or other investments. We do not provide or act as a substitute for legal, tax, financial, audit, investment, or accounting advice. Please review our Section 8 (Disclaimer) for more information.

 

II. PRIVACY POLICY 

Your privacy is important to us. We use certain information that we collect from you to operate and provide the Service. The Privacy Policy is available here. Please read the Privacy Policy as it describes the types of data we collect from you and how we use your data. By using the Service, you expressly consent to Cointelli’s collection, use and disclosure of data as described in the Privacy Policy. Cointelli encourages you to frequently check the Privacy Policy for any changes.

 

III. ELIGIBILITY

By accessing and/or using the Service, you agree that you are at least 18 years old. If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company. 

 

IV. YOUR USE OF THE SERVICE 

a. License to Use the Service. Subject to your compliance with the Service Policies, Cointelli grants you a non-exclusive, non-sublicensable, revocable as stated in the Service Policies, non-transferable license to access the Cointelli website and to use the Service. No part of the Service, including the website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Cointelli. All rights not expressly granted in the Service Policies are reserved by Cointelli. Without limitation, the Service Policies grant you no rights to the intellectual property of Cointelli or any other party, except as expressly stated in the Service Policies. Your rights under this section will immediately terminate if, in the sole judgment of Cointelli, you have breached any provision of the Service Policies.

b. User Account. To access and use certain parts of the Service, you may be asked to create a user account ("Account"), and to provide information that personally identifies you ("Personal Information"). You must complete the registration process by providing us with current, complete and accurate information required by the applicable registration form, and you agree that you will update that information as necessary to maintain its completeness and accuracy. You agree that you will not submit any fake content (including without limitation any Account, username, or likeness) to impersonate another person, whether actual or fictitious. If Cointelli believes in its sole discretion that the information you provide is not current, complete, or accurate, Cointelli has the right to refuse your access to the Service, or to terminate or suspend your access at any time, or both.

c. Account Security. You will be asked to provide an email address, username, password, and possibly other information to secure your Account. You are responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or other information to gain unauthorized access to the Service.

i. Access by Your Accountant, CPA, or Tax Professional. You may invite and/or grant limited access to your Account to your accountant, CPA or other tax professional. Their access may include, but is not limited to, the ability to import your transactional data from exchanges, wallets, and other cryptocurrency services as well as view any documents or information related to your tax reports. You are responsible for keeping your Account information secure, including instructing your tax professional to maintain the confidentiality and security of your Account.

ii. Unauthorized Account Access. You agree to notify Cointelli immediately of any unauthorized use of your Account. Cointelli will not be liable for any loss that you incur because of someone else using your Account, including your tax professional. You may be held liable for any losses incurred by Cointelli, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.

d. Your Content. As a user, you will have the ability to post information, comments, and knowledge (collectively, “Content”) to our Help Forum. You are solely responsible for your Content and you agree that all Content posted by you is current, complete, and accurate, and that you have not misstated any statement of fact therein. You are required to use common sense and are prohibited from posting any Content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, or defamatory, invades the privacy of others (e.g., doxing), contains a commercial solicitation or other form of “spam” messages, or otherwise violates our Prohibited Uses section. You understand and agree that we may monitor or review any Content, but under no circumstances will Cointelli be liable in any way for your Content. If you post inappropriate Content or otherwise violate the Prohibited Uses section, we may, in our sole discretion, remove your Content or terminate your Account. You agree to defend, indemnify, and hold harmless Cointelli from and against any and all claims, actions, demands, causes of action, and other proceedings including but not limited to legal costs and attorneys’ fees, arising out of or relating to your Content. 

e. License to Display Your Content. You are always the owner of your Content; however, we require the following license from you to display your Content as expressly permitted by you. You grant Cointelli an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created. Additionally, you grant Cointelli the right to use your name, likeness, and image for any purpose, including commercial or advertising, on or in connection with Cointelli or the promotion thereof. 

f. Other Users’ Content. Other users will also be able to share their Content on our Service. Other users’ Content belongs to the user who posted the Content. You do not have any rights in relation to other users’ Content, and you may only use other users’ Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate in the Help Forum. We reserve the right to terminate your Account if you misuse other users’ Content.

g. New Member Referrals & Incentives. Cointelli’s new member referrals and incentives are available exclusively to new members who have not previously registered for the Service. Cointelli may verify a new user’s identification based on its internal guidelines and governing regulations and deny incentives in its sole discretion. New member incentives are not guaranteed, even upon successful verification of a user’s identification. Members referred to Cointelli but who have previously opened an account using different contact information are ineligible to receive the new member incentives. Cointelli may update the conditions for eligibility at any time, in its sole discretion. Cointelli’s new member referrals and incentives may not be combinable with other promotions or discounts.  Other terms and conditions may apply and, if so, will be made available with the offer.

 

V. PAYMENTS & SUBSCRIPTION PLANS

a. Payments. Cointelli reserves the right to charge for access and use of the Service. All transmissions of payment information you provide through the Service are secured with Internet-standard SSL and HTTPS encryption. You agree to pay all fees, taxes, and other amounts due for any purchase(s), and you authorize collection of your related information, and transfer of the same for payment processing, for your purchase(s) through the Services; for example, Cointelli processes payments through Stripe, and you authorize use of Stripe for your purchase(s). 

b. No Refunds. Due to the nature of the Service, there are no refunds, subject to our sole discretion to offer refunds on a case-by-case basis. If you are issued a refund, it will be posted to your original payment account within 5 to 7 business days. Please contact support@cointelli.com for more information.

 

VI. DISPUTE RESOLUTION

THIS SECTION SIGNIFICANTLY AFFECTS HOW ANY DISPUTES THAT MAY ARISE BETWEEN YOU AND COINTELLI MUST BE RESOLVED. 

a. Scope of Dispute Resolution. For purposes of the Service Policies (generally) and this Section 6. Dispute Resolution (specifically), all references to “disputes” or “claims” include all claims, controversies, disputes, demands, causes of action, liabilities, losses, expenses, obligations, actions, suits or proceedings arising out of or relating: (i) to the Service Policies, whether arising in contract, tort or otherwise, and whether provided by statute or common law, that Cointelli may have against you, or that you may have against Cointelli, including Cointelli parents, subsidiaries or affiliates, or any of their respective officers, directors, shareholders, managers, members, partners, employees or agents in their capacity as such or otherwise, and (ii) the interpretation, applicability, enforceability or formation of the Service Policies (generally) or this Section 6. Dispute Resolution (specifically), including any claim that all or a part of these Service Policies generally or this Section 6. Dispute Resolution specifically is void or voidable for any reason (including that it is a contract of adhesion, fails for lack of consideration, is procedurally or substantively unconscionable or void as against public policy) or that any issue is not subject to arbitration.

b. Binding Arbitration. All disputes (as defined as described in Section 6) shall be resolved finally and exclusively through arbitration. The arbitration shall be conducted in accordance with the Streamlined Arbitration Rules and Procedures of JAMS in effect at the time (except as modified by the Service Policies) and will be commenced and conducted through JAMS (www.jamsadr.com). If JAMS is not available or willing to administer any dispute, then the arbitration will be conducted through the Expedited Procedures of the Commercial Rules of the American Arbitration Association in effect at the time (except as modified by the Service Policies) (“AAA”) (www.adr.org). The arbitration shall be administered by JAMS (or AAA, in the case stated above) at the JAMS (or AAA, in the case stated above) facility located in or nearest to your city of residence, and the final arbitration hearing will take place in person at the JAMS (or AAA, in the case stated above) located in or nearest to your city of residence. If any party refuses to honor its/his/her obligations under this Section 6.b., then the other party may compel arbitration exclusively in any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in New York, New York (“Court of Competent Jurisdiction”). The provisions in the Service Policies (generally) and this Section 6.b. (specifically) will be interpreted in accordance with their fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of the Service Policies to arbitrate. The parties will each participate in the selection of a neutral arbitrator pursuant to the Streamlined Arbitration Rules and Procedures, except: (i) to the extent altered by the Service Policies and (ii) that the arbitrator shall exclusively be a neutral arbitrator who is licensed to practice law in New York and has at least five-year’s experience in tax law. The arbitrator must follow applicable law (see Section 6.f). You acknowledge that you are forfeiting your right to sue in court with a jury trial.

c. Payment of Fees. If you initiate arbitration against Cointelli, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) will be paid as determined by the arbitrator. If Cointelli initiates arbitration against you, Cointelli will pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and Cointelli agree to arbitrate using the American Arbitration Association or, if the American Arbitration Association is unavailable to arbitrate a dispute or claim, an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Cointelli will each pay our own attorneys’ fees and costs. Except as expressly required by applicable law, the Arbitrator shall limit his or her monetary awards to compensatory damages plus pre-judgment and post-judgment interest as permitted under New York law, but shall not award attorneys’ fees or punitive, special, exemplary or consequential damages of any kind. The arbitrator shall render a written opinion embodying his or her final findings and awards.  The award rendered by the Arbitrator shall be a standard award and not a reasoned award or an award containing findings of fact and conclusion of law (“Standard Award”). The Standard Award shall provide a concise written financial breakdown of any monetary award and a line-item disposition of any non-monetary claims or counterclaims. The Arbitrator shall agree to these terms prior to accepting appointment. The Standard Award and everything contained therein shall be final and binding on all parties to the applicable arbitration proceeding and may be enforced in any court having jurisdiction over the parties and subject matter.

d. Restrictions Against Joinder of Claims. You and Cointelli agree that any arbitration will be limited to each claim individually and that each may only bring claims against the other in your or Cointelli’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party will be final and binding on the other(s). In addition: (1) no arbitration will be joined with any other arbitration, and (2) there is no right for any claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

e. Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or Cointelli from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Cointelli from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.

f. Governing Law and Location. The Service Policies will be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles. The language in the Service Policies will be interpreted in accordance with its fair meaning and not strictly for or against either party. The proper venue for any judicial action arising out of, relating to, or in connection with the Service Policies and in furtherance of the arbitration provisions set forth in Section 6. will be the state and federal courts located in New York, New York. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process. Any legal action commenced in any other venue shall be transferred to New York, New York, upon the written request of any party hereto. 

 

VII. PROHIBITED USES

Cointelli imposes certain restrictions on your use of the Service. By using or accessing the Service, you agree that you will not:

a. provide any false, misleading, or inaccurate information, create more than one Account, transfer your Account, create an Account for anyone other than yourself (unless you have been authorized to create an Account on behalf of that person), or create an Account without authorization;

b. do anything that could disable, overburden or impair the proper working order of the Service;

c. attempt to probe, scan, or breach security or authentication measures without proper authorization;

d. use any robot, spider, scraper or other automated means to access the Service; 

e. send spam or any other unauthorized advertisements or solicitations through or using the Service; 

f. harvest or otherwise collect or use information about users, including addresses, phone numbers or email addresses;

g. solicit private information (including social security numbers, credit card numbers and passwords) from users;

h. use the Service or your Account for any commercial purpose;

i. intimidate, bully, stalk, assault, harass, mistreat or defame any users; 

j. post any Content that is sexually explicit or pornographic, or contains nudity or graphic or gratuitous violence;

k. post any Content that is considered hate speech or promotes violence, racism, bigotry, hatred or physical harm of any kind against any group or individual; 

l. do anything that is illegal, infringing, fraudulent, malicious or could expose Cointelli or users to harm or liability; or

m. create another Account if we have already terminated your Account, unless you have Cointelli’s prior permission.

Cointelli reserves the right to investigate and/or terminate your Account without a refund of any purchases if you have violated the Service Policies, misused the Service or behaved in a way that we regard, in our sole discretion, as inappropriate or unlawful.

To report violations of Prohibited conduct to Cointelli, you may contact us at support@cointelli.com

 

VIII. DISCLAIMER

NEITHER COINTELLI, NOR THE SERVICE, IS INTENDED TO PROVIDE LEGAL, TAX, FINANCIAL, AUDIT, INVESTMENT, OR ACCOUNTING ADVICE. COINTELLI IS NOT A FINANCIAL PLANNER, BROKER, AUDITOR, CPA, OR TAX ADVISOR. 

THE COINTELLI SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, COINTELLI AND ITS OWNERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COINTELLI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICE OR THE OPERATION OF ANY WEBSITE OR MATERIALS PROVIDED THROUGH THE SERVICE. COINTELLI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COINTELLI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY ASPECT OF THE SERVICE OR MATERIALS. COINTELLI IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECTS, WHETHER HUMAN OR TECHNICAL IN NATURE. COINTELLI DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP ANY ACCOUNT CREDENTIALS OR OTHER DATA SECURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTY, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Through your use of the Service, you acknowledge and agree that information provided by Cointelli, including any tax liability or tax loss harvesting information, is simply for general informational purposes only and should not be considered a substitute for legal advice, tax advice, financial advice, investment advice, audit advice, accounting advice, or brokerage advice under the guidance of a licensed professional. 

Cointelli offers its users an estimated tax liability for cryptocurrency transactions based solely on the information that users provide. It is recommended that users consult an appropriate advisor, such as your own attorney, accountant, or other professional. Cointelli is not liable for inaccurate tax calculations, estimates, or audits. It is the users’ responsibility to ensure the accuracy of their data and corresponding tax documents. Your tax consequences and investment decisions depend on your particular circumstances, and there could be a change in law or interpretation of existing law that may adversely affect the information, either prospectively or retroactively.

Cryptocurrency exchanges sometimes make updates to their API’s that can change the transactional data in your Account. You should verify your data and reach out to our support team if there are any issues. 

The maximum liability Cointelli, arising from or relating to your use of the Service, is limited to the greater of one hundred ($100) US Dollars or the amount you paid to Cointelli in the last three months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind. 

 

IX. LIMITATION OF LIABILITY 

To the fullest extent permitted by law, in no event will Cointelli or its licensors or suppliers be liable to you for any claims arising from your use of the Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Cointelli or its licensors and suppliers arising out of or in connection with your use of the Service. This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Cointelli and you. The Service would not be provided without such limitations.

 

X. APPLICATION OF DISCLAIMERS 

Some states 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, exclusions or limitations may not apply to you, and you might have additional rights. Cointelli’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise will alter any of the disclaimers or limitations stated in this section. 

 

XI. ASSUMPTION OF RISK; INDEMNITY BY YOU

YOU AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY COINTELLI AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE SERVICE.  

 

XII. TERMINATION 

The Service Policies are effective until terminated. You agree that Cointelli, in its sole discretion, may terminate your Account and your use of the Service, and may remove and delete your Content, if we believe you have violated or acted inconsistently with these Terms of Service or for any other reason. Cointelli may at any time, terminate the Service Policies or discontinue providing the Service, or any part thereof, with or without notice. You agree that Cointelli will not be liable to you or any third-party for any termination of access to the Service. Sections regarding dispute resolution, refunds, limited warranties and disclaimer of warranties, limitation of liability, Third-Party Services, intellectual property, prohibited uses, indemnification, and miscellaneous terms will survive any termination. 

 

XIII. INTELLECTUAL PROPERTY

Cointelli and/or its licensors own all right, title, and interest in and to the Service, including its websites, products, and all related technology and intellectual property and proprietary content, including all related copyrights and trademarks. Subject to your compliance with the Service Policies and all applicable laws, Cointelli grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service solely in accordance with the Agreement for your personal use and as intended by Service. No part of the Service may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Cointelli. All rights not expressly granted in the Service Policies are reserved by Cointelli. Your rights under this section will immediately terminate if, in the sole judgment of Cointelli, you have breached any provision of the Service Policies. Your use of the Service is, at all times, governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. Cointelli and its name, trade names, and logos (collectively, the "Cointelli Marks") are trademarks of Cointelli. Neither your use of the Service, nor the Service Policies, grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Cointelli Marks. All content and other materials available through the Service, including without limitation the Cointelli logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Cointelli or are the property of Cointelli’s licensors and suppliers. Except as explicitly provided, neither your use of the Service, nor the Service Policies, grant you any right, title, or interest in any such materials. 

 

XIV. THIRD PARTY SERVICES

Third-party tax advisors, content, products, materials, information, websites, and services (“Third-Party Service(s)”) may be available via, or linked from, the Service. Third parties are exclusively responsible for their own Third-Party Services, regardless of whether Third-Party Services are linked from, referenced in, or made available by Cointelli. We are not responsible for examining the content or accuracy of, and we will have no liability or responsibility for, any Third-Party Services. We are not liable for any harm or damages related to the purchase or use of or transactions related to Third-Party Services. Complaints or questions regarding Third-Party Services should be directed to the respective third-party. Third parties may have their own terms and privacy policies, and you should review the same before using Third-Party Services. Cointelli will not be liable or responsible for any direct, indirect, consequential, punitive, or other damages or loss arising from or related to Third-Party Services. You release Company and its owners, employees, and agents from any, and all claims, damages, and loss of every kind and nature arising out of or related to Third-Party Services. 

 

XV. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM COINTELLI

By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you consent to receive electronic communications from Cointelli, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication or changing your subscription settings on our My Profile page. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.

 

XVI. CHANGES TO THE TERMS 

Cointelli reserves the right to change the Service Policies at any time upon notice to you (including by posting a new version on the Cointelli website or sending you a change notice). It is your responsibility to review the Service Policies periodically. If at any time you find the Service Policies unacceptable, you must immediately cease accessing Service. 

 

XVII. DMCA TAKEDOWN REQUESTS

Cointelli respects the intellectual property rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA"). Additionally, we will terminate the accounts of repeat infringers in appropriate circumstances. If you believe Content located on, or linked to the Service, violates your copyright, please immediately notify us by emailing us a DMCA takedown notice ("Infringement Notice"), providing the information described below. If we act in response to an Infringement Notice, we will make a good faith attempt to contact the person or entity who made the Content available at the most recent email address they provided to us. Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney.

The DMCA requires that all Infringement Notices must include the following: 

a. a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf,

b. an identification of the copyright claimed to have been infringed,

c. a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Cointelli to find and positively identify that material,

d. your name, address, telephone number, and email address; and

e. a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be sent to support@cointelli.com with the subject line "DMCA Notice."

Cointelli will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

 

XVIII. CONTACT INFORMATION

If you have feedback, or general questions, you may contact us at: support@cointelli.com

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