TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW: (1) THIS BITRAIL USER AGREEMENT (THIS “AGREEMENT”) GOVERNS YOUR ACCESS TO AND USE OF THE BITRAIL WEBSITE www.bitrail.io (THE “SITE”) AND THE SERVICES PROVIDED ON SUCH SITE (THE “SERVICES”), TOGETHER WITH ALL THE INFORMATION AND CONTENT AVAILABLE THROUGH THE SITE AND SERVICES. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING OR OTHERWISE INDICATING YOUR ACCEPTANCE ONLINE, BY EXECUTING A SERVICES AGREEMENT REFERENCING THIS AGREEMENT, OR BY USING THE SITE OR SERVICES, YOU AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH IN THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE SITE OR SERVICES.
This Agreement has been provided by BitRail, LLC (“BitRail” or “we/us”) to govern your use of the Site and Services, as well as all content available through the Site, including but not limited to, text, graphics, data, images, software and other material presented or otherwise displayed through the Site (collectively known as “Content”) and (c) any information and data (collectively, “Information”) available through the Site. Where you have entered into a separate agreement with respect to the Content or Information, such agreement shall be deemed to prevail in the case of any conflict between this Agreement and such agreement. Terms and conditions for opening and using BitRail Accounts are further detailed in the BitRail Account Terms, hereby incorporated by reference into this Agreement. As used in this Agreement, “you” refers to the individual who accepted This Agreement in any method described above, but we may rely upon, and you are entirely responsible for, any actions taken by persons using your log-in credentials.
The Site and Services are hosted on servers located in the United States and are intended only for individuals resident in the United States or one of its territories who are over the age of 18. If you are not resident in the United States (or one of its territories) or under the age of 18, please do not use the Site or Services. If you are not a U.S. resident (or resident of one of its territories) or under the age of 18, BitRail hereby rejects any registration for an account that you submit (though this Agreement shall govern any dispute between you and us, to the maximum extent permitted by law).
At this time, BitRail does not support corporate accounts. The identity of all applicants for an account is verified on an individual basis only, and you must supply an individual name and address of residence in order to obtain an account. Please see the BitRail Account Terms for a description of how you may associate the name of a corporation or other business with your individual BitRail Account.
The BitRail Account Terms describe how you may open, fund and begin using your BitRail Account.
You acknowledged and agree that even if your identity is successfully verified, depending on the actions and speed of the financial institutions and/or coin providers you link to your account, it may take up to nine (9) business days from the date you first register to the first date you may use your account to purchase items on third party websites. BitRail is not responsible for any such delays.
Subject to your rights to obtain amounts belonging to you held on deposit in a BitRail Account under the in BitRail Account Terms (or other non-waivable rights you may have under applicable law), BitRail reserves the right in its discretion to: (i) reject any registration for an account by any person; (ii) suspend the right of any user or accountholder to access and/or use the Site and Services, with or without notice and for any length of time; or (iii) terminate the account of any user or accountholder upon notice to you. While BitRail need not provide you with a reason for such actions, these actions may be taken in particular if BitRail’s anti-fraud or legal compliance programs flag you or your account or if you violate This Agreement. If we believe your actions may cause us or other users legal liability, harm, or loss, we reserve the right to notify other users and third parties of your actions.
Should you object to any of the terms of This Agreement or any subsequent modifications thereto or become dissatisfied with the Site and Services in any way, your only recourse is to immediately: (i) discontinue use of the Site and Services; (ii) terminate your account; and (iii) notify us of termination. You may terminate your agreement with us under This Agreement and your account with us only if you do not have active transactions on the Site and if your account is paid in full. At any such time, you may terminate your agreement with us under This Agreement and your account by notifying us in accordance with the “Notices” section below.
In addition, your account may be deemed inactive and/or closed if there is no activity on your account for a period of (1) year, and Fees may apply. In the event your account is closed or terminated, it will be marked inactive in our systems, but we cannot delete your user information or transaction history except where required by law to do so. We will also make reasonable efforts to return any balance in your account to your bank account, as further described in the BitRail Account Terms.
We may revise and update this Agreement at any time. To the fullest extent possible under applicable law, your continued usage of the Site or Services after such modifications shall be deemed to signify your agreement to the modified Agreement. We may terminate, update, alter or supplement any Content or Information available through the Site at any time. In the event of any material modification to this Agreement (to the extent you are not being asked to agree to the revised Agreement as part of your use of the Site), we will post the modified Agreement on the Site and provide notice to you as required by applicable law.
You agree to pay the applicable fees for using the Site and Services, and you understand that ALL FEES PAID TO US ARE NON-REFUNDABLE. A list of the applicable fees, as well as the holds and limits applicable to BitRail accounts, is on our Fees page, which is incorporated in its entirety into this Agreement.
Buy using BitRail: Free
Sell using BitRail: 1.9% of transaction
Transferring USD from your linked bank account to BitRail account: Free
Exchange between USD and supported cryptocurrencies: Free
Sending money to friends and family in the US: Free
Maximum Transfer Amounts:
Maximum value allowed per transaction: $5,000
Maximum ACH transfer allowed per transaction: $5,000
Maximum ACH transfer allowed per day: $9,500
By opening an account, you hereby authorize us to charge your account for any fees you accrue as a result of using the Site and Services. You authorize us to consolidate balances from any duplicate accounts you may have created on our Site. You may revoke your authorization by sending us a written request at the Notices address provided below.
If your BitRail balance becomes negative for any reason, that negative BitRail balance represents an amount that you owe to BitRail and use of your account will be suspended until you pay the balance to us. BitRail may deduct these amounts from funds that are added to your BitRail account later, either by you or from payments you receive. If you have more than one BitRail account, we may set off a negative BitRail balance in one BitRail account against a BitRail balance in your other BitRail account(s). If you continue using your BitRail account when it has a negative balance, you authorize BitRail to combine the negative balance with any debit or transaction sent from your account when that combination is disclosed to you in advance of initiating the debit or transaction.
As security for the performance of your obligations under this Agreement, you grant us a security interest in and to, your BitRail balance.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. We are not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.
In addition to the other restrictions set out in this Agreement, you agree that you shall not:
(b) Inbound Links. Linking to any page other than to http://www.bitrail.io through a plain text link shall be strictly prohibited in the absence of a separate linking agreement with us. Any website or other device linking to http://www.bitrail.io or any page available therein is prohibited from (i) replicating Content or Information, (ii) using a browser or border environment around the Content or Information, (iii) implying in any fashion that BitRail or any of its affiliates are endorsing it or its products, (iv) misrepresentation in any statement of fact, including its relationship with BitRail or any of its affiliates, (v) presenting false information about the products or services of BitRail or its affiliates, and (vi) using any logo or mark of BitRail or any of its affiliates without our express written permission.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number, your physical address and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. If you use certain BitRail services, federal law requires that BitRail verify the required identifying information. We reserve the right to close, suspend, or limit access to your BitRail account and/or the Services in the event we are unable to obtain or verify this information.
You acknowledge and agree that you will be using the Site and Services to facilitate your payment or receipt of payment for goods and services not sold by BitRail or its affiliates, or your purchase and sale of cryptocurrencies not sold by BitRail or its affiliates (any such seller, buyer or issuer, a “Third Party”). In each such case, we are not your agent or an agent of any Third Party, nor do we have any duty towards you other than as independent contractors under this Agreement. Because we are not and cannot be involved in dealings between you and Third Parties with respect to any matter other than our Services, in the event that you have a dispute with a Third Party including another user (whether a buyer or seller) other than with respect to our Services, you hereby release us, our affiliates, and our respective directors, officers, employees and agents from and against any and all claims, demands and damages (actual, special, incidental and consequential, and including attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
THE SITE, THE SERVICES, THE CONTENT AND THE INFORMATION ARE PROVIDED ON AN “AS IS” BASIS. BITRAIL, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES AND AGENTS (“BITRAIL PARTIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE BITRAIL PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE, SERVICES OR THE CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE USE OF THE SITE OR SERVICES. NO INFORMATION OBTAINED BY YOU VIA THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY US IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. YOUR STATUTORY RIGHTS AS A CONSUMER POTENTIALLY CANNOT BE WAIVED AND MAY NOT BE AFFECTED BY THESE PROVISIONS. YOU HEREBY AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THIS AGREEMENT ARE FAIR AND REASONABLE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE BITRAIL PARTIES OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY OF THE BITRAIL PARTIES FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED US$100.00 (ONE HUNDRED UNITED STATES DOLLARS). TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU UNDER THIS AGREEMENT SHALL BE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU AGAINST US RELATING TO THE SITE, SERVICES, CONTENT OR INFORMATION NOT ASSERTED WITHIN ONE (1) YEAR OF THE EVENT FIRST GIVING RISE TO THE CLAIM IS HEREBY WAIVED BY YOU.
You hereby agree to indemnify, defend and hold the BitRail Parties harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by a BitRail Party in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by another person using your log-in: (i) any breach or violation of this Agreement, (ii) any use of the Site or Services, (iii) a dispute with a Third Party or another user (other than to the extent arising out of our Services), or (iv) any violation of any applicable law or regulation governing your activities on or off of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, CONTENT AND INFORMATION, OR THIS AGREEMENT, SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE VENUE OF OR TO THE JURISDICTION OVER ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, CONTENT AND/OR INFORMATION SHALL BE LODGED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION SHALL HAVE ARISEN.
In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, BitRail shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND WE AGREE THAT (A) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, (B) WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (C) UNLESS BOTH YOU AND WE AGREE TO THE CONTRARY, MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT, AND (D) ANY RELIEF AWARDED TO YOU CANNOT AFFECT OTHER USERS, AND VICE VERSA.
Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic support system located at http://www.bitrail.io/Support/ or by mail to BitRail, LLC, 800 Battery Avenue SE, Suite 3090, Atlanta, Georgia 30339, or, in the case notices we send to you, to the email address listed in your in your account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.
Your electronic acceptance of this Agreement on the web site on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed an agreement containing the terms of this Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.
If any provision of this Agreement shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to act with respect to a breach of any of your obligations under these terms does not waive our right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon the parties hereto, and their successors and assigns. This Agreement may not be assigned by you without the prior written consent of BitRail. BitRail may freely assign any or all of its rights and/or obligations, in whole or in part, under this Agreement. Nothing in this Agreement, whether express or implied, shall confer upon any person or entity other than the parties hereto, and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement, except that the BitRail Parties are the sole intended third party beneficiaries of this Agreement.
Except as expressly provided in a separate written agreement between you and BitRail or another of its affiliates, this Agreement constitutes the entire agreement between you and BitRail (or such affiliate) with respect to the use of the Site, Services, Content and Information contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
©2019 BitRail, LLC
Last updated: January 15th, 2019
BitRail Account Terms and Conditions
These terms apply to the opening and use of your BitRail Account. Your BitRail Account will allow you to:
As used herein:
“ACH” means an electronic transfer transaction via the automated clearinghouse system used among U.S. banks.
“Authorized User” means an individual whose identity has been verified by BitRail who holds a BitRail Account.
“Bank Account” means a dollar-denominated consumer deposit account maintained at a U.S. bank.
“BitRail Account” means an account held by an Authorized User, composed of one or more Vaults.
“Coins” means the applicable denominations of participating cryptocurrencies.
“Coin Provider” means either the issuer of Coins or an exchange at which you maintain a Coin account, in either case who participate in the BitRail Site. In the case of FreedomCoins, BitRail is the Coin Provider.
“Host Site” means a third party website or mobile application on which Payors and Payees who are authorized Users transact business.
“Payee” means an Authorized User to whom you make a Transfer via the Site.
“Payor” means an Authorized User who makes a Transfer to you via the Site.
“Service” means the BitRail services available on the Site, not including any activities undertaken by Third Party Financial Providers.
“Site” means www.bitrail.io and its subdomains.
“Third Party(ies)” means Payors, Payees, Host Sites and Third Party Financial Providers.
“Third Party Financial Provider(s)” means a bank at which you maintain a Bank Account or a Coin Provider (in the latter case, other than BitRail with respect to FreedomCoins).
“Transfer” means your instruction to transfer either money or Coins from one of your Vaults to another Authorized User, or an instruction by another Authorized User to transfer either money or Coins to one of your Vaults.
“Vault” means a sub-account of a BitRail Account, which may be established for various purposes (i.e. different lines of business), consisting of one or more of the following: dollar deposits, Coin deposits, and Bank Accounts.
“Vault Handle” means the user name associated with a specific Vault.
Beyond the process of verifying your identity and email address, it is necessary to link one or more Bank Accounts to your BitRail Account. This is accomplished by entering your Bank Account number, type of Bank Account, bank routing number, and billing address, as part of the registration process. BitRail uses this information to deposit one or more small amounts as an ACH transaction into your applicable Bank Account as test transactions. You will provide the amounts of these deposits to BitRail in order to verify that you have access to the applicable Bank Account, and then BitRail will enter ACH transactions to withdraw the same amounts and deposit them in your applicable Vault. Depending on your bank, it may take up to five (5) business days for this process to be completed. BitRail is not responsible for delays or errors by Third Party Financial Providers, though we will work with you to seek to resolve any issues as may be commercially reasonable.
We ask that you please keep all Bank Account information current. If this information changes and we become aware of it, we may update it as directed by your bank without any action on your part.
Once your BitRail Account is open, you must fund the account before you may begin using it for purchases. You may either fund the account by using the account as a Payee with another BitRail Authorized User, or you may Transfer funds to the BitRail Account from your Bank Account with a Third Party Financial Provider. It may take up to three (3) business days to obtain funds from your Bank Account, depending on the speed and actions of the bank. You authorize BitRail to try this Transfer again if the initial Transfer is rejected by your bank for any reason.
Once your account has funds in it, you may use the funds to purchase Coins. At this time, FreedomCoins may be purchased directly from BitRail by designating a portion of the monies being received from another Authorized User or from a Third Party Financial Provider to be received in FreedomCoins.
Each BitRail Account has one or more Vaults, and you may associate a different Vault Handle with each account. For example, it is possible to change a Vault Handle to match the name of your business (although all BitRail Accounts are maintained in individual capacity). You may also set the allocation of dollars and Coins that Transfers to you are reflected in in each Vault.
You are responsible for maintaining your account information, as well as adequate security and control of any and all IDs, passwords, or any other codes that you use to access your BitRail Account and applicable Vaults. You are responsible for keeping your mailing address, email address and other contact information up-to-date in your BitRail Account profile. At a minimum, the required identifying information for purposes of a BitRail Account are as follows: name, physical address, email address and last 4 digits of Social Security Number. Please notify BitRail if you become aware that your account security has become compromised; otherwise, you are responsible for all Transfers and transactions initiated through use of your BitRail Account.
To protect yourself from unauthorized activity in your BitRail Account, you should regularly log into your BitRail Account and review your BitRail Account statement. You should review any transaction notifications to ensure that each transaction was authorized and accurately completed. Please report any unauthorized transactions (i.e. unauthorized access to your BitRail Account) to our Support Desk. Please note that if you give another person access to your BitRail Account (by giving them your login information) and they use your BitRail Account without your knowledge or permission, this is not an unauthorized transaction. You are responsible for all Transfers and other transactions occurring in your BitRail Account under that circumstance.
Transfers Through BitRail
You need a BitRail balance to send money or buy something using your BitRail Account. If your BitRail Account is open as described in Section I(a) above, you will need to fund the account as described in Section I(b) above. Thereafter, you may make a Transfer to another Authorized User of BitRail. When you use your BitRail Account as a payment method, you are allowing BitRail to initiate an ACH Transfer from your BitRail Account to the Payee. For these transactions, BitRail will make electronic Transfers via ACH from your BitRail Account in the amount you specify.
Holding a BitRail Account Balance
Money that you receive from other BitRail Authorized Users will be held as a balance in your BitRail Account. The balance functionality in your BitRail Account will differ depending on whether we have been able to verify the required identifying information that you provide to us. If we have verified the required identifying information, a balance can be held in your BitRail Account, Transferred to a linked Bank Account, used to make purchases and send Transfers to others. This functionality requires that you provide the required identifying information to us and that we are able to verify the accuracy of that information.
Payees Who Accept BitRail
You can buy something from a Payee who accepts BitRail using the funds in your BitRail Vault. When you authorize a payment to a Payee who accepts BitRail, some Payees may take up to 30 days to complete the transaction. In these instances, your payment may appear as a pending order in your BitRail Account. In that case, your authorization of the payment will remain valid until the Payee completes the transaction (but no longer than 30 days).
No Surcharges for Use of BitRail
You agree that you will not impose a surcharge or any other fee for accepting BitRail as a payment method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-BitRail transactions.
If you have a BitRail balance, you may withdraw it by transferring it to the Bank Account linked to your BitRail Vault. We may delay a withdrawal, in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to your BitRail Account have been reversed (for example, as a result of a bank reversal or dispute by a Payor). Additionally, if we place a limitation on your BitRail Account while a withdrawal from your BitRail Account is pending, you will have to reinitiate the withdrawal once the limitation has been lifted. We may set limits on your withdrawals, and you can view your withdrawal limit, if any, by logging into your BitRail Account. To help us verify your BitRail Account, you may be asked to verify your Bank Account information and any related identifying information, which may effectuate our removal of any withdrawal cap.
Should you choose to close your BitRail Account, we will cancel any scheduled or incomplete Transfers where possible. You must withdraw or transfer any BitRail balance from your BitRail Account before closing it (e.g. to your linked Bank Account). You will remain liable for all obligations related to your BitRail Account even after the BitRail Account is closed. We may refuse to allow closure of a BitRail Account where: (a) you have a pending Transfer or other transaction or an open dispute or claim; (b) your BitRail Account has a negative balance; (c) we believe you may be seeking to evade an investigation, whether by us, by a Third Party or by law enforcement; or (d) our BitRail Account is subject to some sort of suspension or hold.
Should you wish to close your BitRail Account, please write to us at the address provided under the Notices section of the Agreement, or contact our Support Desk.
BitRail Balances are NOT FDIC-Insured. Any BitRail balance you hold represents an unsecured claim and, except as otherwise noted above with regard to custodial accounts, is not insured by the Federal Deposit Insurance Corporation (FDIC). We may combine your BitRail Account balance with the BitRail balances of other BitRail customers and invest those funds in liquid investments in accordance with state money transmitter laws. We will own the interest or other earnings on these investments. However, the claim against us represented by your BitRail balance is not secured by these investments and you do not have any ownership interest (either legal or beneficial) in these investments. These combined balances are held apart from our corporate funds, and we do not use these balances for operating expenses or any other corporate purposes.
If you do not log in to your BitRail Account for a period of one (1) year, we may close your BitRail Account and send the BitRail balance to your Bank Account. Where the Bank Account is no longer functional, where required by law, we may use reasonable efforts to contact you or escheat (send) your BitRail balance to your state of residency. If your address is unknown or registered in a foreign country, your BitRail balance will be escheated to the State of Georgia. Where required, we will send you a notice prior to escheating any funds in your BitRail Account. If you fail to respond to this notice, your BitRail balance will be escheated to the applicable state. If you would like to claim any escheated BitRail balance from the applicable state, please contact the applicable state’s unclaimed property administrator.
When we identify a potentially high-risk Transfer or other transaction, we review the Transfer more closely before allowing it to proceed. When this happens, we may place a hold on the Transfer and notify the Payee of the hold. As a Payor, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the Payee. If we don’t clear the transaction, we will cancel it and return the funds to you.
In order to protect ourselves, and the Payors and Payees using the BitRail services, we may take account-level or transaction-level actions, including “Holds” and “Limits” as described below. Unless otherwise noted, if we take any of the actions described below, we will notify you of our actions, but we retain the sole discretion to take these actions. Our decisions may be based on proprietary policies that we use to manage risk on our systems. We may use confidential anti-fraud and risk modeling policies and procedures when assessing the risk associated with your BitRail Account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.
A hold is a temporary stop that BitRail may impose under certain circumstances, at any level including the BitRail Account, Vault or Transfer level. When BitRail places a temporary hold on a Transfer, the money is not available to you as the BitRail Account owner, whether you are Payor or Payee. Our decision to place a hold may arise from many factors including account history, transaction activity, past disputes or other factors that we know about, or information we obtain from third parties. We may place a hold on a Transfer to you as Payee if, in our sole discretion, we believe that there may be a high level of risk associated with you, your BitRail Account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements.
When we place a hold on a payment, the funds will appear in your BitRail Account with an indication that they are unavailable or pending. We’ll notify you, either through your BitRail Account or directly by phone or email, whenever we place a hold. Risk-based holds can remain in place for up to 21 days from the date the Transfer was received into your BitRail Account. We may release the hold earlier under certain circumstances (for example, if you’ve uploaded shipment tracking information related to the transaction), but any earlier release is at our sole discretion. The hold may last longer than 21 days if the payment is challenged as a Transfer that should be invalidated and reversed based on a disputed transaction. In this case, we’ll hold the payment in your BitRail Account until the matter is resolved (but no longer than 180 days).
We may place limits on your BitRail Account that prevent you from taking certain actions, such as withdrawing, sending or receiving money. These limitations are implemented to help protect our Payors and Payees when we notice restricted activities or activity that appears to us as unusual or suspicious. Limits also help us collect information necessary for keeping your BitRail Account open.
There are a number of reasons why your BitRail Account could be limited. For instance,
To remove the limitation and restore your BitRail Account, you will need to resolve any issues with the account, often by providing information to us, as applicable.
When you receive a Transfer, you are liable to BitRail for the full amount of the payment sent to you plus any fees if the Transfer is later invalidated, in whole or in part, for any reason. If your BitRail balance is insufficient to cover your liability for the payment amount plus the fees, then this will result in a negative BitRail balance. Any negative BitRail balance represents an amount that you owe to us, and, in this situation, you must immediately add funds to your BitRail balance to eliminate the negative BitRail balance. If you do not do so, BitRail may engage in collection efforts to recover such amounts from you and/or place a limitation or hold on your BitRail Account.
In connection with your use of your BitRail Account, the Site or Services, or in the course of your interactions with us, other BitRail Authorized Users, or Third Parties, you agree not take any of the following actions (in addition to any other actions prohibited under the Agreement):
If we believe that you’ve engaged in any of these activities, we may undertake one or more of the following actions in our sole discretion, in addition to all other rights and remedies available at law and in equity:
If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your BitRail Account, placing a limit on your BitRail Account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your BitRail Account. When we implement a hold or limit as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limit may remain in place longer than 180 days.
While we strive to execute all transactions in the correct manner, we recognize that from time to time, errors on our part will occur. If an Error (as defined below) has occurred with your BitRail Account, please contact the Support Desk with full details of your transaction(s) and what you believe the Error to be.
We will determine whether an Error occurred within 10 Business Days after we hear from you and will correct any Error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your BitRail Account within 10 Business Days for the amount you think is in Error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your BitRail Account. We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no Error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we decide that there has been an Error, we will credit the account and otherwise work to correct such Error, including any processing issues or working with banks regarding improper remittance issues.
An “Error” means any of the following:
None of the following are Errors for the purposes of This Agreement, so please do not use the Error procedures to inquire about any of the following:
|Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
Any individual or corporate entity (“Copyright Owner”) that believes in good faith that a User has infringed such Copyright Owner’s copyright(s), can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not and will not make any legal decisions about the validity of a Copyright Owner’s claim or your defenses to a claim.
When a clear and valid notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information.
Under the DMCA, we are required to take reasonable steps to notify the User who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“counter-notice”). On receiving a counter-notice, we may restore the allegedly infringing content unless we receive notice from the original notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.
Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorney’s fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party, you should contact an attorney.
Filing a DMCA Notice
To file a DMCA notice, the Copyright Owner must send in a written letter by regular mail only (not by email). We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
DMCA Designated Agent
800 Battery Avenue SE, Suite 3090
Atlanta, Georgia 30339
Filing a DMCA Counter-Notice
If a User’s material has been removed or blocked by us as a result of a DMCA Notice, you may send us a counter-notice in accordance with Sections 512(g)(2) and (3) of the DMCA asking for the allegedly infringing material to be restored. To file a DMCA counter-notice with us, you must send a written letter by regular mail only (not by email).
When we receive a counter-notice, we will send a copy of the counter-notice to the party who originally requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. We reserve the right to ignore a counter-notice that is not in compliance with the DMCA and we may, but are not obligated to, respond to a non-compliant counter-notice.
Your counter-notice must:
DMCA Designated Agent
800 Battery Avenue SE, Suite 3090
Atlanta, Georgia 30339
FREEDOMCOIN REWARDS PROGRAM TERMS AND CONDITIONS
Effective Date: December 19, 2019
These FreedomCoin Rewards Program Terms and Conditions (“Rewards Terms”) apply to your access to and participation in the FreedomCoinRewards Program (“Rewards Program”), which is operated by BitRail, LLC or its affiliates (collectively, “BitRail", “our”, “us” or “we”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS WELL AS THE TERMS SET FORTH IN OUR USER AGREEMENT (https://freedomcoin.cc/user-agreement.html), AND ANY OTHER TERMS INCORPORATED BY REFERENCE AS DESCRIBED BELOW AND AS MAY BE UPDATED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR PARTICIPATE IN THE REWARDS PROGRAM.
These Rewards Terms do not alter the terms or conditions of any other agreement you may have with BitRail for other products and services that may be made available through the BitRail website located at BitRail.io and its subdomains (the “Site”). Access to and participation in the Rewards Program is governed by the terms, conditions, limitations and requirements in these Rewards Terms, all of which may be changed from time to time. In addition, these Rewards Terms supplement and incorporate by reference the BitRail User Agreement. In the event of any conflict between the BitRail User Agreement and these Rewards Terms, the BitRail User Agreement will control. Capitalized terms that are used but not expressly defined in these Rewards Terms are defined in the BitRail User Agreement.
BitRail reserves the right to change, modify or discontinue the Rewards Program or all or any portion of these Rewards Terms or any policy pertaining to the Rewards Program at any time and in our sole discretion, including the right to discontinue or change the benefits or the expiration date of Rewards Points (defined below) under the Rewards Program, merge the Rewards Program with another rewards program, or to adjust how Rewards Points are earned, calculated or redeemed. It is possible that you may be unable to receive enough Rewards Points to be redeemed for FreedomCoins if we discontinue the Rewards Program or merge the Rewards Program into another rewards program. If we make changes, we will post the amended Rewards Terms to https://freedomcoin.cc/user-agreement.html and update the “Effective Date” above. We may also attempt to notify you in other ways. Unless otherwise specified, the amended Rewards Terms will be effective immediately. Your continued participation in the Rewards Program after the amended terms are posted will confirm your acceptance of the changes and your agreement to be bound by these Reward Terms as amended. If you do not agree to the amended Rewards Terms, you may stop participating in the Rewards Program by choosing not to redeem any rewards Points that you may earn.
1. Rewards Program Eligibility
To participate in the Rewards Program, you must be at least 18 years of age and a United States resident (including residents of U.S. Territories). The Rewards Program is intended for personal use only, and commercial use by commercial customers and others purchasing items for resale are not eligible to participate in the Rewards Program. Current BitRail employees and contractors, and their immediate family members living in the same household, are not eligible to participate in the Rewards Program.
3. Rewards Program Description
The Rewards Program is a free customer loyalty program that allows participants to earn “Rewards Points” through transactions conducted on the Site. Rewards Points may be redeemed for Freedom Coins in the manner described below.
4. Joining the Rewards Program
There are no membership fees associated with the Rewards Program. You will be automatically enrolled in the Rewards Program when you log into your BitRail Account and purchase FreedomCoins on the BitRail.io website. You may opt out of the Rewards Program at any time by discontinuing your use of FreedomCoins..
5. Earning Rewards Points
The benefits that are available to you through the Rewards Program are based on the number of Rewards Points that you earn by making qualifying purchases on GunBroker.com or other websites that may in the future accept purchases using FreedomCoins, or by participating in other BitRail Rewards Program promotional activities as may be offered from time to time. Qualifying purchases on such sites include purchases made through the use of BitRail FreedomCoins, as well as purchases made using ACH or other forms of payment on such sites. In order to receive Rewards Points for a purchase, your order must be placed within the BitRail Account that is associated with your Rewards Program account. You may have one Rewards Program account only and your Rewards Points are not transferable. You are responsible for anyone else who uses your Rewards Program account. You will earn Rewards Points based on the total amount paid for your qualifying purchases, excluding any purchases made using other discount codes or gift cards. Rewards Points will only be earned following the final settlement of the applicable transaction – i.e., after the appropriate funds have been debited from your BitRail Account or your Bank Account as applicable and after the expiration of any Hold (as those terms are defined in the User Agreement). It may take several days following the final settlement of the applicable transaction before the Rewards Points appear in your account.
Rewards Points may be earned and redeemed based on a percentage of the total amount of qualifying purchases made using your BitRail Account. The amount of Rewards Points earned may vary depending on the Rewards Program tier (“Tier” or “Tiers”) that you qualify for at the time of the purchase (e.g., Rewards, Gold, Platinum, or Diamond), as further described below. The conversion ratios and Rewards Points levels associated with each Tier are subject to change and are available at https://freedomcoin.cc/rewards.html. The total number of Rewards Points that you can earn in any calendar year may be capped by BitRail in its sole discretion with or without notice to you.
6. Rewards Program Tiers
The Rewards Program offers different benefits based on the different Rewards Point levels associated with each Tier. Your Tier status is determined by the number of Rewards Points that you accumulate in your Rewards Program account during each calendar year (“Rewards Year”). Tiers are based on the total Rewards Points earned during the applicable Rewards Year, not the total Rewards Points remaining after redemption. In addition, once you reach a specific Tier, your Tier status continues in effect for a period of twelve (12) months from the date you reach a specific Tier, even if you redeem your Rewards Points. Specific Tier benefits are only available to you while you are in the applicable Tier and cannot be applied retroactively. In the event that you move down in Tier levels, you will lose the benefits from the higher Tier.
7. Redemption of Rewards Points
You can redeem Rewards Points posted to your Rewards Program account through the purchase of FreedomCoins, which can be applied toward future transactions on GunBroker.com or other websites that utilize BitRail’s FreedomCoins. You can redeem your Rewards Points for FreedomCoins by logging into your BitRail Account and accessing the Rewards Program page. For additional information on redeeming Rewards Points for FreedomCoins (including the redemption rate), please visit https://freedomcoin.cc/rewards.html.
Rewards Points accumulated under the Rewards Program are promotional in nature and have no cash value. Rewards Points are redeemable only for FreedomCoins and cannot be redeemed for cash or applied to previous purchases. Your Rewards Points are personal to you and may not be sold, transferred (by operation of law or otherwise) or assigned to or shared with family, friends or others, or used by you for any commercial purpose. You are responsible for any federal, state or local taxes applicable to your participation in the Rewards Program.
8. Expiration of Rewards Points
Rewards Points that are not redeemed will expire one (1) year from the date they are earned and will automatically be deducted from your Rewards account.
Without notice to you, BitRail reserves the right to suspend or terminate your Rewards Program account and/or your participation in the Rewards Program (in whole or in part), if BitRail determines in its sole discretion that you have violated these Rewards Terms, you have more than one Rewards Program account, or that the use of your Rewards Program account or your participation in the Rewards Program is unauthorized, abusive, deceptive, fraudulent or unlawful for any reason. BitRail may, in its sole discretion, suspend, cancel or combine Rewards Program accounts that appear to be duplicative. In the event that your participation in the Rewards Program is terminated, you will not be able to redeem any accumulated Rewards Points
Without notice to you, BitRail also reserves the right to “unregister" a Rewards Program account that is inactive and cause that Rewards Program account to be ineligible for the Rewards Program. An inactive Rewards Program account is defined as a Rewards Program account that has not earned Rewards Points for one year. In the event that your Rewards Program account is unregistered due to inactivity, then you will no longer be eligible for Rewards Program benefits, including accumulating Rewards Points or redeeming your Rewards Points for FreedomCoins. You may reactivate your Rewards Program account by logging into your BitRail account or making a purchase using your BitRail account that is associated with your Rewards Program account, but any Rewards Points earned prior to the Rewards Program account being deemed inactive will be voided.
If you have any questions or if you are dissatisfied with the Rewards Program in any way, please contact our BitRail Customer Rewards Team via https://support.bitrail.io/hc/en-us