SECTION 1. GENERAL ACCEPTANCE OF USER AGREEMENT
CoinLion, LLC (CoinLion) is a cryptocurrency trading platform that offers advanced trading tools for portfolio management. Thank you for choosing CoinLion. By establishing a CoinLion User account you attest that you are at least eighteen (18) years of age and that you understand and agree to be contractually bound by this user agreement, including any subsequent changes to this User Agreement. If this, any term, or condition of this contract is unacceptable please do not use or access CoinLion; use of the CoinLion platform or CoinLion tools is considered acceptance of the User agreement.
Use of words “CoinLion,” “we,” “us,” or “our” in this User Agreement refers to CoinLion, LLC; use of words “user,” “users,” “you,” “your,” “consumer,” and “consumers” in this User Agreement refers to the individual (person) or entity establishing a CoinLion User Account who must agree to this User Agreement. “Guest” refers to individuals or entities that do not wish to establish a CoinLion User Account and thereby do not wish to utilize the CoinLion trading platform, the CoinLion research portal, but wish to only view and navigate the CoinLion Platform on a limited basis.
CoinLion is a reserve exchange. As a User, you must first place funds into your USD fiat wallet or your cryptocurrency wallet before you are capable of trading on our platform. A user may not have trade orders, singular or in aggregate, that exceed the balance of funds in the user’s wallets. When an order is placed on the CoinLion platform the CoinLion matching engine will search for a fulfilling order. If such an order is located the CoinLion matching engine will pair the two orders to complete a trade. If a fulfilling order cannot be located the initial order will be placed on the order book where it will sit until the matching engine can locate and pair a satisfying order.
User’s affirmative acceptance (checking the “I Agree and Accept” box of this user agreement) acknowledges and waives any requirement for similar affirmative acceptance of future User Agreement revisions or updates. User understands, agrees, and attests that any time after the acceptance of this User Agreement, each log in or each use of User’s account on CoinLion platform constitutes / is deemed a renewal or acceptance of the current CoinLion user agreement.
To help the government fight the funding of terrorism and money laundering activities, International Law and State’s law(s), including, but not limited to U.S. federal law requires, CoinLion to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for identifying information, including, but not limited to, your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Users agree that in addition to accepting the User Agreement, users must meet eligibility requirements and use the CoinLion platform acceptably. Please see Eligibility Section and Acceptable Use Section.
1.1 – Trade Risks – As a User, you understand that CoinLion provides you the tools to trade and manage cryptocurrency, you agree that education and research are paramount to efficiently trade and manage cryptocurrency, and you agree that you, as the user, are completely responsible for not only your own education and research, but also for each and every deposit, withdraw, and cryptocurrency trade that you make.
CoinLion is not a brokerage nor gives any investment advice. For the avoidance of doubt, CoinLion does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. CoinLion may provide educational information to helpusers in learning more about CoinLion services or cryptocurrency in general, and you should not treat any of the website’s content as financial or trading advice. CoinLion does not recommend that any cryptocurrency should be bought, earned, sold, or held by you. CoinLion will not be held responsible for the decisions you make to buy, sell, or hold any asset based on the information provided by CoinLion. CoinLion is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons. You acknowledge that cryptocurrencies are not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
1.2 Amendment of these Terms: Coinlion may amend or modify this Agreement at any time by posting the revised agreement on the Coinlion Site and/or providing a updated copy (“Updated Agreement”) to you. The Updated Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of an Updated Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account (as defined below).
SECTION 2. DEFINITIONS
The following definitions used throughout the Terms have the following meaning:
Accompanying Documents – other CoinLion documents detailing CoinLion policy, direction, or liability, including, but not limited to Whitepaper, Privacy Policy, and Disclaimers. In the case of a discrepancy between Accompanying Documents and the User Agreement, the latter shall apply.
Account – a User’s account on https://www.coinlion.com/, which is created and used to operate inside the CoinLion Platform. A user gains access to an account after CoinLion verification of the user’s identity. Only authorized users have a right to operate inside the CoinLion platform. Individuals or entities can establish an account.
Affiliates – any person or entities that have a business relationship to CoinLion, including, but not limited to partners, employees, agents, and contractors of CoinLion. Users are not affiliates.
Agreement – this User agreement and any other rules, policies, or procedures that may be issued by CoinLion; may be issued from time to time on the CoinLion website (includes all accompanying documents).
Business Account – is an account with the same access and abilities as an individual’s account, but it is established and maintained by and on behalf of an entity and not a person. Business accounts will require additional verification steps and requirements.
CoinLion Platform – a social, internet based, cryptocurrency trading website, designated for the global trade of cryptocurrency, creation and exposure of cryptocurrency portfolios, and the sharing of cryptocurrency research and ideas among users.
CoinLion Token – cryptographic token native to the CoinLion Platform. It was minted by CoinLion and is a key tool to properly utilize the CoinLion Platform. The CoinLion Token is a utility token, that should be accumulated and deployed as such. The CoinLion Token is not a security and shall not be considered as such. Users shall not accumulate and use CoinLion Token for any purpose beyond the utility they provide on the CoinLion Platform.
Cryptocurrency – digital asset, digital currency, or virtual currency, e.g., Bitcoin (BTC) or Ethereum (ETH).
ER20 – is a technical standard used for smart contracts on the Ethereum blockchain for implementing tokens.
Jurisdiction – a geographical determination of what legal and judicial practices apply.
Limit Order – A limit order is an order to buy or sell a digital asset at a specific price you set. This kind of order may not execute immediately, or at all, if the market price does not reach the limit price. Though this type of order is not guaranteed to execute, it does protect the trader from buying at a higher price or selling at a lower price than intended.
Market Order – A market order is an order to buy or sell a digital asset at the best available price, which will normally execute almost immediately, assuming there are enough buys or sells to fill your order. When using a market order, you are not guaranteed a specific price at which you are buying a digital asset. It will buy the amount you set at the best available price, which often deviates from the last-traded price.
Matching Engine – The primary purpose of the CoinLion Platform is its matching engine. It matches traders of cryptocurrency. The CoinLion Platform does not trade currencies with its users; rather, CoinLion pairs its users together to facilitate desired trades. An order will not be completed if there is not a corresponding user trade or user trades providing the other half of a trading pair.
Politically Exposed Person (PEP) – An individual who is or has been entrusted with a prominent public function; this term also includes that person’s family members and close associates.
Trade Order – is a trade placed / requested by a maker. It can be either a buy or a sell order. Thus, a maker can be either a buyer or seller.
Trading Pair – when one asset is traded for another asset. CoinLion only offers two types of trading pairs.
- Fiat / Crypto –a trade of a cryptocurrency for U.S. Dollars (“USD”), e.g. 1 ETH for $1000
- Crypto / Crypto – a trade of one cryptocurrency for another cryptocurrency 23 ETH for 1 BTC
SECTION 3. ACCEPTABLE USE
To use CoinLion services and tools you must create and maintain a CoinLion User Account, and agree to the account creation and account maintenance requirements.
3.1 Account creation:
● provide accurate and verifiable identity information;
● maintain and update the identity information provided to CoinLion upon a change in circumstance;
● create a strong password that is unique for user’s use of CoinLion;
● secure your password integrity to protect your CoinLion account; and
● accept all risk and take responsibility for all activity on your CoinLion Account to the extent permitted by laws.
3.2 Account Maintenance:
● notify CoinLion promptly if you discover or suspect any breach to your CoinLion account;
● maintain up to date, accurate, and verifiable identity information;
● annually log into your account.
Failure to properly create or maintain a user account may result in account suspension and / or termination. You agree and authorize CoinLion to suspend or terminate your account if you fail, intentionally or unintentionally, do not follow the account creation and account maintenance requires.
3.3 Joint Account—It is currently not an option to create joint accounts on CoinLion’s platform. You acknowledge, agree and attest that it is the responsibility of you, the account creator, to maintain your login security. Furthermore, you acknowledge, agree, and attest that sharing of User Account information, including, but not limited to, login credentials is not advised and CoinLion does not bear any responsibility or liability to 3rd Parties you granted access to your account.
3.4 Account Beneficiary – It is currently not an option to name a beneficiary for User accounts within your account or on the CoinLion platform. This does not affect or bar you from naming a beneficiary to your CoinLion account in the typical manner with an estate planning attorney. Similar to other assets, CoinLion account assets would be transferred according to your will, trust, or other arrangements made with your legal counsel. Otherwise, in the event of your death, CoinLion assets would be subject to standard probate rules and procedures.
SECTION 4. ELIGIBILITY
4.1 Users must be eligible to use CoinLion services. By agreeing to this agreement, you attest that you are eligible to use CoinLion services. You further acknowledge, attest, and agree that if you are not eligible or subsequently determine you are not eligible it is your responsibility to cease CoinLion services and to close your CoinLion account.
4.2 CoinLion services may not provide services in or to all jurisdictions and all markets. Additionally, CoinLion may restrict, prohibit, or terminate services from certain U.S. states or foreign jurisdictions.
4.3 To be eligible to trade on the CoinLion platform, you attest you are:
● 18 years of age,
● of legal age and competency to enter into a legal contract within your jurisdiction,
● not domiciled in, located in, under the control of, or a national / resident / citizen of (i) any restricted jurisdiction or (ii) any country which the United States has trade and services sanctions,
● not an individual or a member of an entity sanctioned by the U.S. government,
● not a considered “Specially Designated Nationals” or “Blocked Person” by the U.S. Department of the Treasury,
● are not on the U.S. Commerce Department’s Denied Persons List,
● have / do / will not use CoinLion services if any applicable laws in your local / state / territory / national jurisdiction prohibit you from doing so in accordance with these Terms.
4.4 If you are an individual registering on the behalf of an eligible entity, you acknowledge, attest, and agree that you are duly authorized by the legal entity to act on its behalf and that you personally are or would be eligible to use CoinLion services.
4.4.1 As a user of a Business Account you acknowledge, attest, agree, and represent that you are validly and duly organized under the applicable laws of the jurisdiction of your organization, that the jurisdiction of your organization do not preclude you from the use of CoinLion services, and that all individuals within your organization meet the eligibility requirements to use CoinLion services.
SECTION 5. PROHIBIT USE
5.1 Users shall not use CoinLion accounts or services for any of prohibited use, including, but not limited to, unlawful activity, abusive activity, dissemination of misstatements, market manipulation, violation or avoidance of export controls, investment or credit services, the sale of contraband, multi-level marketing, gambling, fraud, acts detrimental to CoinLion, wash-trades, pre-arranged trades, simultaneous buy sell orders, front-running, order spoofing, or trade coordination. If you are uncertain if a specific action would be deemed a violation of this contract provision please seek legal advice or contact us at CoinLion, LLC Support. By opening an account you attest that you will not use CoinLion services in any any against the interest of CoinLion, LLC or in any manner listed above or below.
5.1.1 – Unlawful Activity – any activity that violates, would violate, or assists in the violation of any law, statute, ordinance, regulation, or sanction administered by jurisdictions where CoinLion directs its operations.
5.1.2 – Abusive Activity – any activity that attempts to gain unauthorized access to CoinLion sites, services, products, users, employees, or information and includes activities that interfere with another individual’s or entity’s access or use of CoinLion services. Unauthorized access abuse includes, but is not limited to, attempts to overload, interfere with, intercept, or expropriates any CoinLion system, data, or information. Abusive activity that interferes with another individual’s or entity’s accessor use includes, but is not limited to, realized or attempts to defame, extort, harass, stalk, threaten, violate, or infringe their legal rights.
5.1.3 – Dissemination of Misinformation – any misstatement of a material fact to CoinLion, its employee, officer, manager, director, or owner.
5.1.4 – Market Manipulation – disruptive trading that is an artificial inflation or deflation of the price of cryptocurrency or otherwise influence the behavior of the market for personal gain. It is a violation of the CoinLion User Agreement to mislead or manipulate the CoinLion market.
5.1.5 – Investment or Credit Services – Users are not authorized to use CoinLion services for purposes including, but not limited to, mortgage consulting and / or reduction services, credit counseling or repair, real estate opportunities, securities brokers, and investment schemes. CoinLion does not offer or authorize any trades or sales of securities. Acceptance of the user agreement is an attestation by the User that they acknowledge that CoinLion does not offer securities.
5.1.6 – Sale of Contraband – Users acknowledge, attest, and agree that they will not use funds traded to purchase, facilitate the use, or support any item or services that is deemed illegal contraband within your jurisdiction.
5.1.7 – Multi-Level Marketing – users are prohibited for using CoinLion services or funds derived therefrom for any network marketing, referral marketing programs, and / or any pyramid scheme.
5.1.8 – Gambling – users are prohibited from using CoinLion services or funds derived therefrom to use for, finance, or support of gambling.
5.1.9 – Fraud – users are prohibited from fraudulent activity including, but is not limited to, any realized or attempt to any fraudulent act or carry out a scheme to defraud, deceive, trick CoinLion, LLC, CoinLion affiliates, or CoinLion users.
5.1.10 – Acts Detrimental to CoinLion – are any activity that is not an intended or acceptable use of CoinLion services that does or could negatively affect CoinLion’s best interest.
5.1.11 – Pre-Arranged Trades – Users shall not prearrange their transactions for the purpose of passing money between accounts. All trades through CoinLion services must be in good faith bona fide transactions.
5.1.12 – Simultaneous Buy Sell Orders – Users are prohibited from affecting multiple trades that could potentially match against / with each other.
5.1.13 – Front-Running – Users are prohibited from any activity when a user enters a trade with foreknowledge of an upcoming subsequent transaction which will influence the price or value of the initial trade resulting in an economic gain for the trader.
5.1.14 – Order Spoofing – Users shall initiate any trade or trade offer with the purpose of executing the trade; users shall not offer or bid on any trade with the intent to cancel the offer or bid prior to the trade’s execution.
5.1.15 – Trade Coordination – Users shall not coordinate with other users for trade prices or price schemes.
5.1.16 – Use in Restricted Jurisdictions – Users shall not use CoinLion, LLC services, tools, or products in jurisdictions that do not permit such use. If you are a citizen / resident of or located in any state, country, territory, or other jurisdiction that use of CoinLion, LLC services would be illegal or otherwise violate any applicable law or that is embargoed by the United States you represent, attest, and agree that you not use Coin Lion, LLC services or products; you further represent, attest, and agree that if you are a citizen / resident of or located in any state, country, territory, or other jurisdiction that use of CoinLion, LLC services would be illegal or otherwise violate any applicable law or that is embargoed by the United States your use is without CoinLion, LLC’s consent and is violation of this user agreement.
5.1.17- Order and Trades set for the purpose of taking advantage of unexpected technical error that is not reflected of the actual state of the asset market and / or valuation.
SECTION 6. SUSPENSION AND TERMINATION OF USE
6.1 – CoinLion may suspend, deactivate, or terminate users access to any or all of CoinLion services if CoinLion suspects a user is not abiding by or is violating terms of this User Agreement, CoinLion is obligated by valid subpoena, court order, or binding order of government authority, your action or involvement in litigation creates additional risk for CoinLion, or if CoinLion’s service providers / affiliates / partners are not able to support your use.
6.2 – Notice of suspension, deactivation, or termination shall be provided to users in a timely manner unless CoinLion is barred from providing notice by government or judicial authority.
6.2.1 – When not prohibited by government or judicial authority, Users will be permitted to withdraw amounts in their respective CoinLion wallets within 90 days. If Users are not permitted to withdraw amounts because of a government or judicial prohibition the 90 days will not begin to run until the prohibitive hold is withdrawn and User is notified of that the prohibition is withdrawn.
SECTION 7. COINLION SERVICES AND FEES
CoinLion offers users access to the CoinLion exchange to trade cryptocurrency for other crytpcurrency or in jurisidcitions permitting U.S. dollars. Trading can be set manually by offering a trading pair on the order book and trades can be made automatically if users have established trading strategy using the CoinLion Auto Trader or CopyCat services.
Trade execution does not require a perfect match of two different user trades. Trades can be completed completely or partially, and trades can also be satisfied by multiple users’ trades to satisfy a trade.
Example:
Trader A sets a buy order of 1 ETH for $1000. Trader B sets a sell order of .5 ETH for $500. Trade C sets a sell order of .25 ETH for $250. Trader D sets a sell order of .05 ETH for $100, and Trader E sets a sell order of .2 ETH for $100.
Trader A’s, B’s, and C’s trade price per ETH is $1000. Trader D’s trade price per ETH is $2000 and Trader E’s trade price per ETH is $500.
The matching engine will execute Trader A’s buy as completely as possible and will use the cheaper price first to satisfy. Trader A’s order will match and trade with Traders B, C, and E. Trader D’s price per ETH is more than Trader’s A order and so will not execute as part of this trade. Traders B, C, and E will all be satisfied and removed from the order book, and Trader A’s trade will be partially satisified. Trader A will receive their .95 ETH and the .05 ETH at trade price per ETH of $1000 will remain on the order book until satisfied.
CoinLion prides itself on providing a safe and reliable platform that all users can trust for execution of their trades. This requires CoinLion tests its products in controlled environments, self-audit its tools and practices, and annually hire third parties to audit CoinLion’s business and technical standards and practices. Maintaining a reliable platform for uses to trade also requires CoinLion to monitor the markets traded on the platform and to sometimes take action to protect the integrity of the markets for all users. As users, you acknowledge, attest, agree that you understand and authorize as part of CoinLion’s routine transaction monitoring CoinLion will to take action(s) to protect the reliability of the market that include, but is not limited to, taking the website and or parts of the website down for maintenance, freezing accounts, disabling trades, withdrawal delays, and additional user personal documentation and detail inquires.
It is CoinLion’s intention and desire to provide the most accurate and timely information on CoinLion’s website and in any CoinLion communication, but content may not always be entirely accurate, complete or current, for reasons such as Technical inaccuracies or scrivener’s errors. We will constantly work to provide users the most up to date and accurate information possible. This will require CoinLion to update and change inofrmaiton frequently. These changes will occasionally occur without notice, including, but not limited to, changes in CoinLion Policies, products, and services. Users acknowledge, agree, and attest it is the user’s obligation to verify all information provided by third parties and CoinLion has no responsibility for any information, content, or services contained in any third-party materials or on third party websites.
7.1 Fees: All trades that do not include CoinLion Token have a 0.15% fee. All CoinLion Token (LION) trades have no (0%) trading fee. If you’re using the CoinLion Auto-Trader and turn on the CoinLion Token Balancer, you earn a 25% fee credit on all your automatic trades. You must maintain at least 5% of your balance as CoinLion Token to be eligible. If your CoinLion Token balance is less than 5%, your account will not be eligible for the 25% trading discount.
7.2 CoinLion Auto Trader: is a tool that allows users to build and create trading strategies to be executed automatically if certain market indicators are triggered. All users understand and agree that they are responsible for any trade that is executed as result of any trading strategy the user creates and / or subscribes to. Users acknowledge and agree that CoinLion may turn off, cancel, or terminate an autotrader strategy, and all associated trades, for users who have not logged in for over a year as part of CoinLion’s Unclaimed Property Policy (See 11.1 Unclaimed Property).
7.2.1 CopyCat: CoinLion users can publish their autotrader strategy for other users to “copycat.” To CopyCat a trade users will subscribe to another’s strategy; subscribing will have minimum fund allocation requirements determined by the publisher’s strategy. All users agree that that they are fully responsible for funds commited to and trades executed from copycat of another users’s trading strategy. Users understand and agree that past performance does not create a future result, and users understand, accept, and agree to all risk and any loss associated from any copycat trade.
7.2.2 Token Balancer: is a tool for Users to reduce trading fees by 25% while using the autotrader functionality. Users understand and agree that the Token Balance requires Users to maintain 5% of their account balance in CoinLion Token and that if the User’s CoinLion Token balance drops below the 5% threshold, the Token Balancer is turned on, and the User has adequate funds available the Token Balance will automatically purchase enough CoinLion Token to get the user back to the 5% threshold. Furthermore, the User understands and agrees that in the event the user does not have the funds available then the Token Balance will be turned off and the User will not receive the 25% reduction of trading fees.
7.3 CoinLion HODL Program: a rewards program for users who wish to hold onto their CoinLion Token long term.
7.4 Referral Program: a rewards program for users who refer new users to the CoinLion platform.
SECTION 8. ACCOUNT FUNDS
8.1 – Cryptocurrency wallet/balance – CoinLion services allow you to track and store your cryptocurrencies within the CoinLion system. Only supported cryptocurrencies will be held by CoinLion. To be deemed supported, CoinLion will list the cryptocurrency on the CoinLion website; such a listing indicates that CoinLion has vetted the cryptocurrency to ensure that the cryptocurrency does not pose undue technical, security, or regulatory risks. CoinLion will not list any cryptocurrency determined to be a security by U.S. SEC standards. Thus, users acknowledge, attest, and agree that any trade you make via CoinLion services is not a trade or sale of a security and furthermore, you attest and agree that you will not send or deliver a security to CoinLion, LLC or through any of the CoinLion services. CoinLion stores all private keys in our control in a combination of online and offline storage. CoinLion has no control over or liability for third party payment. Users may elect to use the cryptocurrency vault provided by CoinLion to store supported cryptocurrency.
8.2 – Fiat Wallet – CoinLion maintains a ledger of the fiat currency attributed to each user. CoinLion’s partnership with and U.S. bank provides the ACH on boarding for USD and CoinLion’s partnership with Uphold provides the on boarding for other fiat currencies. CoinLion at no time takes possession or custody of users’ fiat currency. Additionally, CoinLion services and partners / affiliates only accept fiat currency deposits from the specific individual. Third parties are not permitted to deposit fiat currency on your behalf. Users acknowledge, attest, and agree that fiat currency, wallets, and accounts shall only be used for the exchange or purchase of cryptocurrency.
8.3 – Taxes – You acknowledge, attest, and agree that you are aware that cryptocurrency is a taxed asset and you are responsible to report and pay taxes on your trades and cryptocurrency possession. Please see the tax laws of your jurisdiction for the taxes you must report and pay. You acknowledge, attest, and agree that CoinLion is not responsible for any of your tax payment or reporting.
8.4 – Trading Advice – You acknowledge, attest, and agree that all trading and purchase decisions are made solely by you. You acknowledge, attest, and agree that CoinLion does not take nor bears any responsibility or liability at all for your trading or purchasing decisions.
8.5 – Non-Solicitation – You acknowledge, attest, and agree that CoinLion has not, does not, and will not solicit any trades, orders, or purchases from you. You acknowledge, attest, and agree that you have not been solicited by CoinLion and further acknowledge, attest, and agree that you have not received any investment or trading advice.
8.6 – Order Review – You acknowledge, attest, and agree that CoinLion does not perform a suitability review of any trades, orders, or purchases placed by users. You are solely and uniquely responsible for any of your actions on the CoinLion website or while using CoinLion services.
8.7 – Fees – You acknowledge, attest, and agree to pay all fees associated with use of the CoinLion Services. Users acknowledge, agree to, and authorize CoinLion to automatically charge and collect fees from your account. Users acknowledge, attest, and agree that in the event a fee is not automatically collected by CoinLion that you are bound to and will provide the fee upon request or discovery of non-collection. Additionally, you are aware that your external wallets and services providers may also charge a fee; those fees will not be reflected on any CoinLion transaction. For fee rates see Fee Schedule Explanation.
8.8 – Refunds – You acknowledge, attest, and agree that all transactions are final. In the event You wish to challenge the legitimacy of transactions contact CoinLion customer support.
8.9—Chargeback – You acknowledge, attest, and agree that customer accounts subject to a chargeback of funds will be immediately suspended and investigated for fraudulent activity. A chargeback is when a bank claws back a deposit because of dispute to a charge, typically the bank will do this because the bank account holder claims the charge was not authorized.
SECTION 9. SUPPORTED CRYPTOCURRENCIES
9.1 – Supported Cryptocurrencies – Users acknowledge, agree, and attest that CoinLion will support various cryptocurrencies and cryptocurrency trading pairs; conversely, users acknowledge, agree, attest that CoinLion will not support certain cryptocurrencies and / or cryptocurrency trading pairs. You acknowledge, agree, and attest that CoinLion uniquely, solely, and completely has discretion, control, and the ability to determine which cryptocurrency or cryptocurrency trading pairs will be supported on the CoinLion platform.
9.2 – CoinLion Receipt of Unsupported Cryptocurrency – You acknowledge, attest, and agree that you will confirm CoinLion supports a cryptocurrency prior to sending such cryptocurrency to a CoinLion wallet. In the event a user sends an unsupported cryptocurrency to a CoinLion wallet, you acknowledge, attest, and agree that CoinLion bears no responsibility to credit your user account with the cryptocurrency or the cryptocurrency’s value, to hold the cryptocurrency on behalf of the user, or to return the cryptocurrency to your external wallet. You acknowledge, attest, and agree that you no longer have any possessory right to or claim of any unsupported cryptocurrency sent to a CoinLion wallet once the cryptocurrency is received by CoinLion.
9.3 – Forks – You acknowledge, attest, and agree that you understand that the CoinLion has zero control, responsibility, or liability if the underlying protocol of a supported cryptocurrency, with the exception of CoinLion Token, has a change in its operating rule, also known as a fork. You acknowledge, attest, and agree that forks may materially affect the value, function, name, or circulating amount of cryptocurrency. Users acknowledge and understand that in the event of a fork CoinLion may suspend and / or freeze all activity related to a forked cryptocurrency on the CoinLion platform.
9.4 – CoinLion Token – Users acknowledge, attest and agree that they understand that CoinLion Token is CoinLion’s native utility token and that the CoinLion Token’s purpose is to grant you full access and functionality of the CoinLion platform. You further acknowledge, attest, and agree that without the sufficient volume of CoinLion Token you may not have access to the complete array of CoinLion services or CoinLion tools.
SECTION 10. PRIVACY POLICY
Please see our Privacy Policy and privacy notice(s) for information about how we collect, use, and share any user information.
10.1 – Record Keeping – You acknowledge, attest, and agree that in the interest of mutual protection CoinLion may electronically record and store any communication, including, but not limited to, telephone, email, video conference, or direct messages. You also acknowledge, attest, and agree that CoinLion may maintain and retain records of all information, activity, and communications relating to your User Account, use of CoinLion services, or accessing of the CoinLion website.
10.2- Biometric Data- You Acknowledge, attest, and agree that in the interest of mutual protection, CionLion may electronically record and store any biometric data utilized in the Know Your Customer procedures for account creation and for the use of CoinLion functionality, including, but not limited to, ID verification used for deposits and withdraws.
SECTION 11. ACCOUNT CLOSURE and Unclaimed Property
In the event you, as a CoinLion user, wish to end your obligations to CoinLion, you must close and delete your account. Unless specifically notified, CoinLion will retain your user information and even if specifically notified CoinLion may retain such information as long as deemed required by regulation.
SECTION 11. UNCLAIMED PROPERTY
In the event you, as a CoinLion user, wish to end your obligations to CoinLion, you must close and delete your account. Unless specifically notified, CoinLion will retain your user information and even if specifically notified CoinLion may retain such information as long as deemed required by regulation.
11.1 Unclaimed Property- in Compliance with regulation set specific to each U.S. state (“state”) regulatory requirments, CoinLion may liquidate all user funds and turn over to the appropriate state agency for lack of account activity. The account inactivity trigger is state specific, and Users understand and agree that it is their responsibility to be aware of their jurisdictions Unclaimed Property Laws. Users understand and agree to avoid “inactive account” determination they should log into their account at minimum once a year. Users understand and authorize CoinLion to close user accounts upon inactive account status and funds sent to state unclaimed property departments.
SECTION 12. COMMUNICATION AND E-SIGNATURE DISCLOSURE AGREEMENT
This agreement informs all CoinLion, LLC users how CoinLion, LLC delivers all communication and how users electronically sign agreements with CoinLion, LLC.
12.1 – CoinLion, LLC Communication Delivery – You accept and consent to receive all communications from CoinLion, LLC in an electronic format. You understand that you have the right to withdraw your acceptance to receive all communication electronically, but you acknowledge, accept, and consent should you withdraw consent to receive electronically you must affirmatively withdraw consent by contact with COINLION SUPPORT; additionally you understand, accept, and consent that should you withdraw consent to receive communication electronically or refuse to accept and consent to receive communication electronically CoinLion, LLC reserves the right to immediately close your Account and / or charge you additional fees for paper copies.
12.1.1 – Communication includes, but is not limited to, any messages, notifications, correspondence, agreements, documents, and disclosures between CoinLion, LLC and Users.
12.2 – Multiple Communication delivery methods will be used by CoinLion, LLC; CoinLion, LLC’s delivery methods will include, but is not limited to, postings on the CoinLion, LLC website, emails directly to the user’s primary email on file with CoinLion, LLC, communication to users via an instant chat medium, and / or through text messages or mobile push notifications.
12.3 – You agree to utilize a direct line of communication delivery method for all communication(s) to CoinLion, LLC. User acknowledges that CoinLion, LLC will not be determined to have received communication in group or public message forums / settings.
12.4 – Hardware and Software Requirements – You acknowledge, attest and agree that you will need the following computer hardware and software to access and retain electronic Communications from CoinLion, LLC:
● An internet connected device;
● A current web browser that includes 256-bit encryption with cookies enabled
○ e.g. Microsoft Edge 17 and above, Mozilla Firefox version 63 and above, Google Chrome 70 and above, or Apple Safari 11 and above;
● A valid email address;
○ Needs to be listed as your primary email address on file with CoinLion, LLC.
● Available storage space to save past Communications or an available printer to print Communications as you receive them.
12.5 – You acknowledge, accept, and agree to keep, maintain, and update your CoinLion, LLC primary email address and contact information. You acknowledge, attest, and agree that CoinLion, LLC is deemed to have provided communication to you if the communication was sent but you did not receive because your primary email address on file was incorrect, out of date, blocked by your service provider, or user was otherwise unable to receive communications.
12.6 – Users may update user contact information, including email, by logging into User’s account and visiting settings.
SECTION 13. LICENSING AND REGULATION
You acknowledge, attest, and agree that you do not have a right to CoinLion’s services and that the service CoinLion provides you is one that exists in a complex regulatory environment. You acknowledge, attest, and agree that CoinLion will not be held in fault or in the wrong if you are from certain jurisdiction that does not permit some or all of CoinLion services because of regulatory constraints. You acknowledge, attest, and agree that you will not provide false information to overcome any such regulatory bar to access of CoinLion services and that you bear responsibility to comply with your jurisdictional requirements.
You acknowledge, attest, and agree that CoinLion’s restrictions could include, but are not limited to, the form of limits to amounts of funds that can be deposit or traded, to denial of certain categories of services based upon a user’s jurisdiction, or denial of certain categories of services based upon user’s verification tier. CoinLion designed its verification procedure based upon the best industry standards to meet the regulatory requirements while simultaneously creating a seamless user experience.
SECTION 14. CUSTOMER SUPPORT
Contact information – If you have any questions, concerns, complaints, or feedback please contact CoinLion via our Help and Support webpage. When you contact us please provide us your name, address and all other information we may need to identify you and may need to understand your questions, concern, complaint, or feedback.
14.1 – Arbitration; Waiver of Class Action – You acknowledge, attest, agree that in the event of a dispute between you and CoinLion the proper first step of resolution is to attempt to resolve through the CoinLion Customer Support and that if the dispute cannot be resolved through CoinLion Customer Support you agree that any dispute arising under this agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association’s rules for arbitration of consumer related disputes and you and CoinLion hereby expressly waive trial by jury and the right to participate in a class action lawsuit or class-wide arbitration.
14.2 – Relationship of the Parties – You agree and understand that nothing in this User Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. Except for the indemnity and exculpation provisions herein, nothing expressed in, mentioned in, or implied from this User Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this User Agreement to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons, and this User Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and us.
SECTION 15. ADDITIONAL PROVISIONS
15.1 – Indemnification – You agree, to defend, indemnify and hold harmless CoinLion, all CoinLion employees, owners, directors, agents, managers, and affiliates from any and all claims, demands, legal actions, damages, loss, cost or expense, reasonable attorney’s fees, arising out of or related to your use of CoinLion services or products, related to any feedback to you, your violation of this User Agreement, or any violation of any rights to any other person or entity. If you are required to indemnify us, you acknowledge, attest, and agree that CoinLion has the sole right and discretion to control any action or proceed and determine whether we wish to or how to settle it. You shall not have any claim of any nature whatsoever against CoinLion for any failure by us to carry out any of our obligations under this agreement as a result of causes beyond our control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, hacker attacks on the Website, accidents of any kind, any default or delay by any sub-contractor or supplier of ours, riot, political or civil disturbances, the elements, an act of government including regulatory action imposed, any delay in securing any permit, consent, or approval required by Us, or any other authority or any other cause whatsoever beyond our absolute and direct control.
15.2 – Limited Liability; No Warranty – You acknowledge, attest, and agree that CoinLion has not made or is expected to make any representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of any services, platforms, or the information, images, or audio contained or related to the Website. You use all of the mentioned at your own risk.
15.3 – For the avoidance of doubt, neither CoinLion nor any CoinLion affiliate are giving investment advice, tax advice, legal advice, or other professional advice by allowing you to use CoinLion and the services CoinLion or any CoinLion affiliate provide, including, but not limited to, the ability to buy, sell, or store cryptocurrency or fiat currency. In addition, neither CoinLion or any CoinLion affiliate recommend, or endorse that you buy or sell cryptocurrency.
15.4 – THE SERVICES COINLION AND COINLION AFFILIATES PROVIDE ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. NEITHER COINLION NOR ANY COINLION AFFILIATES REPRESENT OR WARRANT TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF COINLION OR THE INFORMATION CONTAINED THEREIN OR SERVICES CONTAINED THEREON.
15.5 – Acceptance of Risk – You acknowledge, attest, and agree that you shall access and use CoinLion services, the CoinLion platform, and execute any trade at your own risk. You understand trading cryptocurrency pairs and trading cryptocurrency for fiat pairs can have substantial risk. You acknowledge and understand that to mitigate such risk the burden is on you to do your own research and carefully consider whether each trade is suitable for you in light of your personal circumstances and financial resources. You acknowledge, attest, and agree that you are aware that under certain market conditions, you may find it difficult or even impossible to liquidate a position, that stop-limit or stop-loss orders will not necessarily limit your losses to the intended amounts since it is possible market conditions could make it impossible to execute those order, or that you may sustain a total loss of your funds in your CoinLion user account.
15.5.1 – USERS ACKNOWLEDGE, ATTEST, AND AGREE THAT THE POINTS LISTED ABOVE APPLY TO ALL CRYPTOCURRENCY TRADING PAIRS AND ALL CRYPTOCURRENCY AND FIAT TRADING PAIRS; USERS ACKNOWLEDGE, ATTEST, AND AGREE THAT THIS BRIEF STATEMENT CANNOT DISCLOSE ALL THE RISK AND OTHER ASPECT ASSOCIATEDWITH CRYPTOCURRENCY TRADING AND IS NOT CONSIDERED BY YOU TO BE AN EXHAUSTIVE LIST.
15.6 – Computer Viruses – You acknowledge, attest, and agree that CoinLion will take reasonable steps to exclude any viruses from the Website, but cannot guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses, or other code that has contaminating or destructive properties. By using the Website, you acknowledge and understand this risk and agree to not hold the CoinLion liable for viruses.
15.7 – Entire Agreement – This User Agreement, our Privacy Policy, and our API Agreement, incorporated by reference herein, comprise the entire understanding and agreement entered into by and between you and CoinLion, LLC as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this User Agreement), as well as every nature between and among you and us. If there is any conflict between the incorporated references this User Agreement takes precedence.
15.8 – Assignment – You acknowledge, attest, and agree that this User Agreement, or your rights and obligations hereunder, may not be transferred by you, but may be assigned by CoinLion without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. This User Agreement shall be binding and inure to the benefit of the parties hereto, our successors, and permitted assigns.
15.9 – Governing Law – You acknowledge, attest, and agree that any questions concerning the construction, validity, enforcement, and interpretation of this User Agreement shall be governed by and construed and enforced in accordance with the laws of the State of South Dakota, United States of America.
15.9.1 – To resolve any dispute, controversy, or claim between them arising out of or relating to this Agreement, orthe breach thereof, you agree first to negotiate in good faith for a period ofnot less than sixty (60) days following written notification to CoinLion of such controversy or claim to CoinLion.
15.9.2 – Arbitration Agreement – You acknowledge, attest, and agree that if the negotiations do not resolve the dispute, controversy, or claim to the reasonable satisfaction of all Parties (you and CoinLion) during such period, then the Parties irrevocably and unconditionally submit the respective claim to the binding arbitration in accordance with the American Arbitration Association rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, You and CoinLion (a) waive Your and CoinLion’s respective rights to have any and all disputes arising from or related to these Terms resolved in a court, (b) waive your and CoinLion’s respective rights to a jury trial, © and waive your and CoinLion’s respective rights to the right to participate in a class action lawsuit or class-wide arbitration. The substantive law shall be South Dakota Law (including all other operating rules, policies, and procedures that may be issued by the Website CoinLion’s and published from time to time on the Website), without regard to conflict of law rules or principles (whether of the State of South Dakota or any other jurisdiction). The language of the arbitration shall be English.
15.9.3 – Language – Notwithstanding any other provision of this User Agreement, any translation of this User Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to their definitions and interpretations in the English language.
15.10 – Severability – You acknowledge, attest, agree, and understand that if any provision of this User Agreement, or application thereof, shall be determined to be invalid or unenforceable under any rule, law, or regulation or by any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this User Agreement shall not be affected.
15.11 – Force Majeure Events – Users acknowledge, attest, and agree that CoinLion shall not be liable for (1) any inaccuracy, error, delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Our reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, 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 Our reasonable control (each, a “Force Majeure Event”).
15.12 – Headings – Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in the agreement shall survive any termination or expiration of the User Agreement.
15.13 – Disclaimers – You acknowledge, attest, and agree that CoinLion is not responsible for the proper or complete transmission of the information contained in any electronic communication or of the electronic communication itself, nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of any of theservices related to the CoinLion services and CoinLion website. However, despite this, information that is transmitted over the internet or Blockchain may be susceptible to unlawful access and monitoring.
15.14 – Non-Waiver of Rights – This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
Intellectual property Notification: This document belongs to the Owner and is protected by copyright laws. Its copying or use by any third party in full or in part without prior written consent of the Owner is strictly prohibited.
Publication Date: October 29, 2018