Terms and Conditions
TERMS OF SERVICE
These Terms of Service constitute the entire agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them via the Site, between you and one of the following Parties: HODLERGROUPFX, Inc. (if you are a U.S. Resident or are located outside of the U.S. (except Australia) and make a deposit, withdrawal, or transfer of Fiat or Digital Tokens to, from, or through any U.S. Financial Institution to facilitate the provision of any of the Services) or HODLERGROUPFX Australia PTY LTD. (if you are located in Australia), (collectively “HODLERGROUPFX”, “us”, “our”, or “we”).
HODLERGROUPFX is regulated in multiple jurisdictions and is required to collect and verify information about you to prevent fraud, terrorist activity, and money laundering according to applicable Know Your Customer (KYC), Anti-Money Laundering (AML), and Counter Terrorist Finance (CTF) laws and rules. In addition to the identity information required during the sign-up process, HODLERGROUPFX may require additional information for you to transfer assets or engage in transactions beyond certain limits or frequency. For example, for “Travel Rule” requirements, HODLERGROUPFX will retain for transfers out of the HODLERGROUPFX Exchange the following information: your name, account number, physical address, financial institution, amount, date, and the identity of the recipient’s financial institution. HODLERGROUPFX reserves the right, in its sole discretion, to delay or cancel any transfers lacking necessary compliance information. HODLERGROUPFX is prohibited from transacting with individuals, companies, and countries that are on prescribed Sanctions lists. HODLERGROUPFX will therefore screen against numerous sanctions lists, including but not limited to United Nations, European Union, UK Treasury and US Office of Foreign Assets Control (OFAC) sanctions lists in all jurisdictions in which we operate.
HODLERGROUPFX reserves the right, in its sole discretion, without any obligation to you and without any requirement to provide notice to you, to change, improve or correct the information, materials, and descriptions on the Site and to suspend and/or deny access to the Site for any reason. The disclosure information and materials on the Site may contain typographical errors or inaccuracies despite our best efforts and due diligence review. Any dated information is published by us as of its date only, and HODLERGROUPFX does not undertake any obligations or responsibilities to update or amend any such information. HODLERGROUPFX further reserves the right, in its sole discretion, to block or otherwise discontinue your access to and use of the Site at any time and for any reason. You agree that HODLERGROUPFX will not be liable to you or any third party for any such modifications, suspensions, or discontinuance.
Unless specifically announced on our website or through some other official public statement of HODLERGROUPFX, we do not support meta-coins, colored coins, side chains, or another derivative, enhanced, or forked protocols, tokens, or coins that supplement or interact with a Digital Currency supported by HODLERGROUPFX (collectively, “Advanced Protocols”). Do not use your HODLERGROUPFX Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The HODLERGROUPFX platform is not configured to detect and/or secure Advanced Protocol transactions and HODLERGROUPFX assumes no responsibility whatsoever concerning Advanced Protocols. Any such resulting forks or airdrops not explicitly supported by HODLERGROUPFX may result in an extended period of downtime in which no trading or transfer of the forked coins can occur, and HODLERGROUPFX may claim such forked or airdropped coins for its benefit or to offset any associated costs, disruptions or distributions.
Your Hosted Digital Wallet enables you to store, track and manage the supported Digital Currencies contained in your Hosted Digital Currency Wallet. Upon verification of a government-issued identification card and a picture of yourself, you will have the ability to request, send and receive, and store Digital Currency from third parties by giving instructions through the Site (each such transaction is considered a “Digital Currency Transaction”). Hosted Digital Currency Wallet services are available only in connection with those Digital currencies that HODLERGROUPFX, in its sole discretion, decides to support. The Digital Currency that HODLERGROUPFX supports may change from time to time. If you have any questions about which Digital Currencies HODLERGROUPFX currently supports, please visit our Coin Info page. Under no circumstances should you attempt to use your Hosted Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that is not supported by HODLERGROUPFX. Please note that the wallets being provided by HODLERGROUPFX, including the associated technology and security, were developed by BitGo, an unaffiliated supplier to HODLERGROUPFX. Concerning cash or fiat currency, these funds are placed in For Benefit Of (FBO) accounts at Banks utilized by HODLERGROUPFX but held for the beneficial owners (user accounts) and are segregated from HODLERGROUPFX’s working capital, and your associated proportional beneficial ownership of these funds will be reflected in your account balance. We use our banking providers to receive client funds and make payments. Our banking providers DO NOT transfer, exchange or provide any services in connection with Digital Currency. HODLERGROUPFX may also offer “Conversion Services” or trading pairs to convert one digital currency to another. Eligible users in certain jurisdictions may buy or sell supported Digital Currency through the Conversion Services. The Conversion Services are subject to the HODLERGROUPFX “Conversion Rate” for the given transaction. “Conversion Rate” means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the HODLERGROUPFX Site. The Conversion Rate is stated either as a “Buy Price” or as a “Sell Price,” which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to HODLERGROUPFX. You acknowledge that the quoted Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time and that HODLERGROUPFX may add a margin or “spread” to the quoted Conversion Rate. The Conversion Service will be done in and through the trading platform via execution of multiple trading pairs or through direct matching of an applicable market (trading pair) for the conversion is available. HODLERGROUPFX does not engage in proprietary or OTC trading other than to facilitate the order book but will take a spread or execute riskless principal transactions. You agree, as a condition of using any HODLERGROUPFX Conversion Services, to accept the Conversion Rate as the sole conversion metric. HODLERGROUPFX reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. HODLERGROUPFX does not guarantee the availability of its Conversion Service, and the act of purchasing supported Digital Currency from HODLERGROUPFX does not result in a guarantee that you may sell your supported Digital Currency to HODLERGROUPFX. Past performance is not a guarantee of future performance. The contents of this Site do not constitute financial, legal, or tax advice. Investors are solely responsible for conducting any legal, accounting, or due diligence review. You should obtain investment and tax advice from your advisers before deciding to invest.
None of the information contained in the publicly available portions of the Site (i.e., which is accessible to the public without becoming a registered User) constitutes a recommendation, solicitation, or offer to buy or sell any Digital Currency or other financial instruments or other assets or provide any investment advice or service. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules, or regulations of any governmental authority or where HODLERGROUPFX is not authorized to provide such information or Services. Some products and services described on the Site may not be available in all jurisdictions or to all clients.
When you transact on the Exchange, HODLERGROUPFX will attempt to fill that order through one or more orders on the Exchange, which orders may include those of unaffiliated, third-party liquidity providers (LPs). These LPs may be acting in an agency capacity, and their orders will include additional margin or spread that is not transparent to you or HODLERGROUPFX. HODLERGROUPFX may also include additional margin or spread to cover fees charged by unaffiliated liquidity providers. These fees are in addition to any Commissions or Fees (please reference the Fee Schedule for a list of current Fees). HODLERGROUPFX makes no representation that you will be able to get the best price on the HODLERGROUPFX Exchange. Market orders will be honored on a first-come, first-serve basis.
Reversals; Cancellations and Crypto sent to Bad Addresses
You cannot cancel, reverse, or change any crypto transfer to any wallet or any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize HODLERGROUPFX, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including HODLERGROUPFX balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits to avoid overdraft, NSF, or similar fees charged by your payment provider. HODLERGROUPFX reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if HODLERGROUPFX suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if HODLERGROUPFX reasonably suspects that the transaction is erroneous; or if HODLERGROUPFX suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, HODLERGROUPFX will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction.
HODLERGROUPFX is not responsible for funds in XLM, XRP, or EOS (Tokens) sent to a wallet address without a Tag or memo, and such funds will not be recovered.
Digital currency trading may result in taxable consequences in your jurisdiction, and you must determine, report, and pay any applicable taxes. You are responsible for your tax filings and payments. HODLERGROUPFX is under no obligation to calculate, determine or make available any information regarding taxes or the taxable consequences of your transactions. HODLERGROUPFX may make available, in its sole discretion, a record of your transactions that may be useful to you for making any required tax filings or payments, and this does not constitute a waiver of this provision. HODLERGROUPFX will fully cooperate with and voluntarily share user data, including your transaction and profit and loss records, with any duly authorized taxing authority and will make any tax withholdings or filings that we are required by law to make but are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transactions. HODLERGROUPFX is under no obligation to make any transaction data available if, for any reason, your account is closed, or you are suspended or permanently suspended from the website or Services.
Abandoned Accounts / Unclaimed Property
All US States and an increasing number of countries require financial institutions to report property that has been abandoned or unclaimed after a dormancy period, usually 36 months. If your account is inactive, HODLERGROUPFX is unable to locate you and your account has remained inactive for the dormancy period applicable in your jurisdiction, then HODLERGROUPFX must report the account as abandoned to the relevant jurisdiction (generally determined by the primary address of the account holder). The government of the relevant jurisdiction will then claim the abandoned account through a process called “escheatment,” whereby the government becomes the owner of the account. HODLERGROUPFX may also terminate and liquidate your account and send funds to the last known address after your account is inactive for certain shorter periods, as HODLERGROUPFX may determine and post at its sole discretion. If HODLERGROUPFX receives legal documentation or other information confirming your death or other information leading us to believe you have died, we may freeze your account unless (and may liquidate some or all positions, in our sole discretion) and until a court or your executor directs us otherwise or we have ascertained that you have not died.
Where you have not traded on the HODLERGROUPFX Exchange or engaged in any funding activity on the Site for an uninterrupted period of six months, HODLERGROUPFX reserves the right to charge and obtain from you an inactivity fee of $2.50 per month, with or without notice to you. This fee will be taken from the Digital Tokens and other property that you hold on the Site.
Unauthorized use of the Site and our Services by you or others using your account to conduct any illegal activity, including, but not limited to laundering money, funding terrorism, or other illegal activity. The misuse or sharing of passwords or misuse of any other information is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or Services or interfere with any other party’s use and enjoyment of the Site or Services. You agree that you will not engage in any activities related to the Site that are contrary to applicable laws or regulations. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us of such use and we have had a reasonable opportunity to act on that notice. HODLERGROUPFX reserves the right at its discretion to suspend or cancel your password or otherwise disable your access to the Site, even without receiving such notice from you or providing notice to you, if we suspect that it is being used in an illegal, unauthorized, or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your account and should promptly report any illegal, unauthorized or suspicious activity in your account to us at support.
HODLERGROUPFX owns and retains all proprietary rights in the Site, the Services, and all material and information posted thereon (“Content”). The Site contains the copyrighted material, trademarks, and other proprietary information of HODLERGROUPFX and its licensors. You may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express written permission of HODLERGROUPFX. In addition, to the extent you receive information from HODLERGROUPFX or other Investors concerning any investment activity on the Site, you may not further disclose or otherwise provide such information to another party in any way that allows a personal identification of such Investor. You agree that HODLERGROUPFX may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to (i) cooperate with law enforcement or regulatory or self-regulatory organizations, (ii) comply with a legal obligation, (iii) protect and defend the rights or property of HODLERGROUPFX, (iv) act in urgent circumstances to protect the personal safety of users of the Site or the public against fraud or other harm, (v) enforce our customer and other agreements, (vi) protect against legal liability, (vii) comply with any applicable law, regulation, legal process, or governmental request; (viii) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (ix) enforce this Agreement and investigate potential violations thereof; (x) detect, prevent, or otherwise address fraud, security, or technical issues; (xi) respond to your requests for customer service; or (xii) protect the rights, property, or personal safety of HODLERGROUPFX, its users, or the public.
If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify HODLERGROUPFX as soon as possible by sending an email to support@HODLERGROUPFX.com with the following information in accordance with Section 512(c) of the Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, HODLERGROUPFX will also terminate a User’s account (e.g., if the User is determined to be a repeat infringer).
Use of Links
HODLERGROUPFX may provide messaging capabilities for you to communicate with other users on the website. You agree that the messaging services do not entangle in such communication, or in any way indicate that HODLERGROUPFX has adopted the communication. We make no representation as to the accuracy of the information communicated directly from issuers to investors and have no control or compliance oversight over such communication. In addition, the third-party posts do not reflect the position of HODLERGROUPFX and were not reviewed for completeness and accuracy. The third-party posts were not endorsed or adopted by HODLERGROUPFX.
HODLERGROUPFX may terminate your access to all or any part of the Site and Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of this Agreement shall survive termination, including, without limitation, your pre-termination representations, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
HODLERGROUPFX has no special relationship with or fiduciary duty to you. You acknowledge that HODLERGROUPFX has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release HODLERGROUPFX from all liability for you having acquired or not acquired Content through the Site. HODLERGROUPFX makes no representations concerning any Content contained in or accessed through the Site, and HODLERGROUPFX will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site or the Services.
HODLERGROUPFX neither represents, warrants, covenants, guarantees, nor promises any specific results from the use of the Site.
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
HODLERGROUPFX will not be liable in any way to you or any other person for any inaccuracy, error, or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third-party data due either to any negligent act or omission by HODLERGROUPFX or “force majeure”, pandemic or any other cause beyond the control of HODLERGROUPFX. Such errors would include input instructions errors, including price or quantity errors caused by key input errors (fat fingering), transposing numbers, misplacing decimals, duplicate or failed trade instructions, or crypto sent to the wrong wallet address (for example, Bitcoin sent to a Bitcoin Cash address).
Electronic Communication Privacy Act Notice (18usc 2701-2711): HODLERGROUPFX makes no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. HODLERGROUPFX will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other content stored on HODLERGROUPFX’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
HODLERGROUPFX shall not be liable for any delays, failure in performance, or interruption of service, including significant market volatility, regulatory action, acts of God, act of civil or military authorities, terrorist attack, pandemic, civil disturbance, government shutdown (however caused), war, strike, labor dispute, fire, interruption in telecommunications or Internet services or network provider services, system outages, blockchain processing back-ups, traffic jams or delays, failure of equipment and/or software, other catastrophe or occurrence beyond our control.
You shall defend, indemnify, and hold harmless HODLERGROUPFX, its affiliates, and each of its, and affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content or otherwise from your User Submissions (including breach of your representations to us), violation of the Agreement, or infringement by you, or any third party use of your account, of any intellectual property or another right of any person or entity. HODLERGROUPFX reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with HODLERGROUPFX in asserting any available defenses.
You agree not to game or take advantage of any HODLERGROUPFX Exchange limitations, rules, or system glitches that would unjustly enrich you. You agree to notify HODLERGROUPFX immediately of any activity or technical failures which would jeopardize the integrity of the Exchange, and you agree to cooperate fully in remedying the failure and mitigating the loss to HODLERGROUPFX and other users. You also agree to bear the legal costs of recovery HODLERGROUPFX may incur for any unjust enrichment gained by your exploiting or gaming limitations of the Exchange.
Limitation of Liability
IN NO EVENT SHALL HODLERGROUPFX, NOR ITS MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY CONCERNING THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, LOST PASSWORDS, STOLEN PASSWORDS, HACKED PASSWORDS, EXTORTION, KIDNAPPING, UNAUTHORIZED ACCOUNT ACCESS OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES OVER (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Except as otherwise expressly provided in this Agreement, or if this provision is found by a court of competent jurisdiction to be unenforceable, any civil claim which arises out of or relates in any way to this Agreement shall be resolved in Salt Lake City, Utah, USA following the following terms and procedures:
- The party with a civil claim must notify the other party in writing by certified mail within the times set forth by statute for filing a civil claim of its desire to have the claim resolved by arbitration. Except as otherwise provided in this Agreement, the arbitration proceeding shall be governed by the Utah Arbitration Act, Title 78B, Chapter 11 of the Utah Code.
- Upon notice of a timely civil claim, the parties will agree upon an arbitrator or, if unable to agree, will seek court appointment of an arbitrator according to the Utah Arbitration Act, Utah Code Ann. § 78B-11-112.
- The arbitrator shall have no authority to add to, subtract from, or otherwise modify the terms of this Agreement or to make awards beyond those provided for by the statute or other cause of action under which the claim arises.
- Any party to the arbitration may be represented by counsel. The party producing a witness is responsible for paying that witness’s fees and expenses. The arbitrator’s fees and expenses, including required travel and per diem costs, and the cost of any evidence or proof produced at the arbitrator’s direction may be apportioned and shall be borne as determined by the arbitrator. All decisions of the arbitrator made by this Agreement shall be final and conclusively binding upon the parties. The parties agree that the arbitrator’s award may be entered as a judgment by any court of competent jurisdiction.
- Issues of procedure, arbitrability, appeal, or confirmation of award shall be governed by the Utah Arbitration Act, Utah Code Ann. § 78B-11101 through 131.
This Agreement (and any further rules, policies, or guidelines incorporated by reference herein) shall be governed by and construed following the laws of the State of Utah, without giving effect to any principles of conflicts of law. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. User agrees that it may bring claims against HODLERGROUPFX only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Registration Data: Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration or account creation forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information that you provide to HODLERGROUPFX, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to HODLERGROUPFX.
Alternative Arbitration Provision
This Section sets forth the circumstances and procedures under which Claims (as defined below) shall be arbitrated instead of litigated in court upon a finding of the unenforceability of the Utah Arbitration provision, or by mutual written consent of the parties.
- Definitions: As used in this Arbitration Section, the term “Claim” means any claim, dispute, or controversy between you and HODLERGROUPFX or any of their agents, arising from or relating to this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Section of the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, and third-party claims and claims based upon contract, tort, fraud, and other intentional torts, statutes, regulations, common law, and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced.
- Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration according to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be directed to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by you. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
- Significance of Arbitration: NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS ABOUT ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION, EXCEPT AS SET FORTH BELOW. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- Restrictions on Arbitration: The Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or bases involving Claims brought in a purported representative capacity on behalf of the general public, other cardholders, or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
- Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. After the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative, and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative, and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
- Arbitration Procedures: This Arbitration Section is made according to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. sections 116, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be at the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals and business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel that will conduct arbitration according to its Code and issues its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
- Continuation: This Arbitration Section shall survive termination of this Agreement, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Section is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Section, the Agreement, or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
Integration and Severability
Business Continuity Plan
HODLERGROUPFX has developed a Business Continuity Plan on how we will respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions are unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan. Contacting Us – If you cannot contact us after a significant business disruption as you usually do, you should email us at support@HODLERGROUPFX.com. In case of a significant business disruption, the firm will place a notification on its website at www.HODLERGROUPFX.com on the next steps. Our Business Continuity Plan – Significant business disruptions can vary in their scope (location) and severity (minimal to severe). Regardless of the scope and severity, we plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records, and allowing our customers to transact business. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption. We plan to continue in business, transfer operations offsite if necessary, and notify you through our contact information on how to contact us. As the firm does not hold customer funds or securities, if the significant business disruption is so severe that it prevents us from remaining in business, we will assure our customers prompt access to their funds at the escrow agent/crypto custodian. Our business continuity plan addresses: data backup and recovery; all mission-critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternate physical location of employees; and regulatory reporting.
HODLERGROUPFX, Inc. is licensed by the Louisiana Office of Financial Institutions as a money transmitter. The Louisiana Office of Financial Institutions does not license or regulate services related to virtual currency including but not limited to transmission or exchange which may be conducted by HODLERGROUPFX, Inc.
Prohibited Businesses and Activities
HODLERGROUPFX reserves the right to suspend or terminate your account if we believe, in our sole discretion, that you are using HODLERGROUPFX in a way that could expose HODLERGROUPFX to liability, reputational risk, or brand damage, including but not limited to using HODLERGROUPFX to engage in, transact or related to any of the following types of activities or businesses: alcohol, tobacco, pharmaceuticals, illegal drugs, marijuana, drug paraphernalia, firearms, ammunition, weapons, sexually oriented activities or materials, pornography, obscene or offensive activities or materials, materials or activities that promote intolerance, violence or hate, multi-level marketing, Ponzi or pyramid schemes, illegal gambling, gaming, lotteries or sweepstakes, financial services, counterfeit materials, terrorist financing, fraud, scams, money laundering; or any other illegal activity or unlawful purpose.