Terms and conditions

The Terms of Use and any terms and conditions incorporated herein by reference (collectively, the “Terms”) govern your use of the www.blocktrustIRA.com website (the “Site”), any mobile device applications made available to you (the “App”) by BlockTrust, Inc. (the “Company,” “we,” or “us”), and any other services made available to you by us, including but not limited to any software and/or hardware interface that enables you to (a) purchase any cryptocurrency for yourself through one of our third-party partners that is licensed and regulated to provide trading and custody services, such as a qualified custodian or public company operating as a regulated money transmitter in partnership with qualified custodians (each a “Custodian”), (b) custody your cryptocurrency through our proprietary collaborative custody service, and (c) withdraw your purchased cryptocurrency (collectively with the Site and any other current or future features and/or applications, the “Services”). By accessing, browsing or otherwise using the Services, by creating an Account (as defined below) with us or by clicking “Agree” when prompted to do so on the Site, you agree that you have read, understood and accepted all of the Terms and our Privacy Policy (the “Privacy Policy”), which is incorporated by reference into the Terms.

We may change, amend, or revise the Terms from time to time and at any time, at our sole discretion. For regulatory, legal, compliance and/or other reasons, due to your geographic location and/or residence, you may be limited in terms of the range of (i) Account types which you may be able to create, and/or the (ii) functionality that your Account(s) may have access to. When we make changes, we will make the updated Terms available on the Site and update the “Last Updated” date at the beginning of the Terms accordingly. Please check the Terms periodically for changes. Any changes to the Terms will take effect on the date they are posted. Your continued access to or use of our Services following the posting of updated Terms, or your receipt of a notification of changed Terms without subsequently opting-out, will constitute your binding acceptance of the updated Terms. If you do not agree to any revised Terms, then you should not continue to access or use our Services.

NOTICE: Please read the Terms and the Privacy Policy carefully as they govern your use of the Services. The Terms contain important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. The Services are only available to you—and you should only access the Services—if you agree completely with the Terms. BY USING OUR SERVICES OR CLICKING A BOX INDICATING YOUR ACCEPTANCE, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND ALL TERMS AND AGREEMENTS INCORPORATED HEREIN.

1. Account Setup and Use

1.1 You must create an account with us to use our Services (an “Account”). To create an Account, you will be required to submit certain Account information, which may include, but not be limited to, your name, email address, mobile phone number, street address, zip code, date of birth, social security number, and other government-issued identification documents to us. The first time you access your Account using a new device you may be required to authenticate your Account with additional information. If your Account cannot be authenticated, then you may not have access to the Account. By creating an Account, you agree to provide accurate, current and complete Account information about yourself, and to maintain and promptly update as necessary your Account information.

1.2 When creating your Account, you will be required to provide an email address to access our Services. We will use the email address you provide as the primary method for communication about your Account and to provide you with any necessary technical support. You must keep your email address and other contact information current in your Account profile.

1.3 You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate information about you and your Account. This may include asking you for further information and/or documentation about your Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or financial instruments, or verifying your information against third party databases or through other sources.

1.4 We may reject your application to create your Account, or cancel an existing Account, for any reason, in our sole discretion, but you will continue to have all rights related to the assets held through one or more of our Services and/or a Custodian.

1.5 By providing us with a mobile phone number, you consent to receiving text (SMS) messages and/or phone calls from us. Standard text messaging rates and other charges may apply based on your plan with your mobile carrier.

1.6 You must not impersonate any other person or entity to access an Account with us or access anyone else’s Account without that person’s prior permission. You must not create any Accounts by automated means or under false or fraudulent pretense.

1.7 You agree that you will use the Services only in a manner that complies with all applicable laws, and that you are solely responsible for any improper or unlawful activity in connection with the registration of or use of your Account, including any misrepresentations made in connection with the creation of your Account.

1.8 We will share your Account information and desired transaction information with third-party service providers, including but not limited to Custodians, who fulfill transaction requests in accordance with our Privacy Policy. Transaction information includes, but is not limited to, instructions to pull funds from your bank account via ACH or other electronic means, instructions to execute one-time, standing, or recurring orders, and other transactional information as may be necessary to execute the full suite of services we may provide to you through our integration with the third party-service provider. In the event that our relationship with one such party ends, we may transmit prior instructions to another such party for the purposes of continuing to serve your account and executing your prior indicated instructions.

1.9 You are responsible for the security of your Account as well as any email account used in association with your Account. If you become aware of any unauthorized use of your password, your Account, or the email account associated with your Account, then you agree to notify us immediately at support@blocktrustIRA.com, or otherwise through any means made available through the Site, including but not limited to email, online chat, telephone, video calls, or web support forms (collectively, the “Support Channels”).

1.10 You authorize your wireless carrier to use or disclose information about your Account and your wireless device, if available, to us, or our service providers for the duration of your business relationship, solely to help such service providers identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.

2. Trademarks

All trademarks, service marks, trade names, trade dress and related intellectual property rights in the Services are proprietary to BlockTrust, Inc. or its licensors or licensees.  You may not use, reproduce or display any of the trademarks without our prior written consent.

The information and material on the pages of the Site and the arrangement of the information and material are owned and controlled by BlockTrust, Inc. unless otherwise indicated and are protected by intellectual property laws, including the applicable laws of the United States of America. When you agree to these Terms and Conditions For Use, you are authorized to view the contents of the Site for your informational purposes only. You may access and download copyrighted and trademarked material for your personal purposes only subject to any applicable agreements or terms of use. You agree that you do not acquire any ownership rights in the copyrighted or trademarked material you access or download. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works from or republish in any form all or any part of the Site for any commercial or public purpose without the prior written consent of BlockTrust, Inc.

Inquiries respecting the use of copyrighted materials or other materials on the Site may be directed to BlockTrust, Inc. through contact information provided on the Site.

3. Monitoring

You acknowledge that, for your protection and the protection of BlockTrust, Inc., all activity on the Site may be monitored and recorded in accordance with BlcokTrust’s Privacy Policies, which is incorporated herein by reference and can be found on the Site.

4. Information Requests

You may be requested to provide information through the Site to enable BlockTrustIRA to provide Services to you, among other reasons. If you respond to a request for information, you agree that the information you provide will be accurate, complete and current. BlockTrustIRA may use the information you provide to provide or offer you products and services consistent with the BlcokTrustIRA Privacy Policy.

5.  Linked Sites

The Site may contain links to web sites controlled or offered by a third party (“Third Party Site”). BLOCKTRUST, INC. DISCLAIMS ALL LIABILITY FOR ANY INFORMATION, AND THE MATERIALS, PRODUCTS OR SERVICES AVAILABLE, LISTED OR OFFERED AT ANY THIRD PARTY SITE. By creating a link to a Third Party Site, we does not thereby recommend or endorse any product or service offered on or through such site. BlockTrust, Inc. is not responsible or liable for any failure of or defect in any product or service offered or advertised on or available through a Third Party Site. BlockTrust makes no warranty of any kind, express, implied or statutory, respecting any information, material, product or service provided on or through a Third Party Site, including but not limited to the accuracy, completeness or timeliness of any such information or material, the non-infringement of the rights of others, the freedom from computer virus or other harmful effects and the merchantability or fitness for a particular purpose of any such product or service.

6. Limitation on Liability

EXCEPT AS MAY OTHERWISE AGREE IN WRITING OR AS OTHERWISE REQUIRED BY LAW, YOU AGREE THAT BLOCKTRUST, INC. IS NOT LIABLE FOR ANY LOSS, COST, LIABILITY OR EXPENSE ARISING BY REASON OF OR IN ANY WAY RELATED TO YOUR ACCESS TO OR USE OF ANY SERVICE, THE INFORMATION AND MATERIALS AVAILABLE ON THE SITE, THE SITE ITSELF, THE USE OF INTERNET BROWSER SOFTWARE OR ANY COMPUTER VIRUS THAT MAY AFFECT YOUR COMPUTER SYSTEM BY REASON OF YOUR ACCESS TO THE SITE (PROVIDED THAT CITY NATIONAL SHALL HAVE TAKEN REASONABLE PRECAUTION TO PROTECT AGAINST SUCH A VIRUS). IN NO EVENT WILL CITY NATIONAL BE LIABLE OR RESPONSIBLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF CITY NATIONAL HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

7. Change in Terms / Modifications

BlockTrust, Inc. reserves the right to change these Terms and Conditions in whole or in part at any time without prior notice except as otherwise required by law or as otherwise agreed in writing. The current version of these Terms and Conditions are available to you on the Site. If you find these Terms and Conditions, or any of them, unacceptable to you at any time, you shall discontinue your use of the Site. By continuing to access or use of the Site after the date of any change in the Terms and Condition, you agree to the then current Terms and Conditions For Use, and not any older cached version. BlockTrust, Inc. reserves the right to modify or terminate the Site, any Service, any Link provided by or to the Site and your access to the Site, in whole or in part, at any time without notice.

8. Governing Law and Jurisdiction

These Terms and Conditions For Use are governed by applicable federal law and the law of the State of Nevada, without regard to its conflict of law provisions, unless otherwise indicated. You agree that if you access the Site in a jurisdiction where BlockTrust, Inc. does not have an office, BlockTrust, Inc. is not subject to the jurisdiction of the courts in that place by reason of that access and BlockTrust, Inc. does not consent to such jurisdiction. The Terms and Conditions are subject to any other agreement you have entered into with BlockTrust, Inc.