Last updated: June, 2018
1.1. Eligibility. To be eligible to use the HBUS Services, as defined below, you must be at least 18 years old. You must also not be a resident of one of the following states: Alabama, Connecticut, Georgia, Louisiana, New York, North Carolina, Hawaii, Vermont, Washington (each, a "Restricted State"). The list of Restricted States is subject to change at any time. In the event a state becomes a Restricted State, HBUS will provide users residing in that state with notice via email, a notification on HBUS's site, or other means deemed necessary regarding their access to the HBUS Services.
1.2. HBUS Services. Your HBUS account ("HBUS Account") allows you access to the following HBUS services (the "HBUS Services"): (i) one or more hosted Virtual Currency Wallets (each, a "Virtual Currency Wallet") that allow users to transfer, track and store certain supported virtual currencies, like Bitcoin or Bitcoin Cash ("virtual currency"), and (ii) a virtual currency exchange platform that allows for the trading of supported virtual currencies for other virtual currencies (the "Exchange").
1.3. Virtual Currency Risks. The risk of loss in trading or holding virtual currency can be immediate and substantial. There is no guarantee against losses from using HBUS's Services. You should therefore carefully consider whether trading or holding virtual currency is suitable for you in light of your financial condition. The following are some risks associated with virtual currencies – this description, however, does not, and cannot, disclose all such risks.
• Market Risk.
The market for virtual currencies is still new and uncertain. No one should have funds invested in virtual currencies that he or she is not prepared to lose entirely. Whether the market value for one or more virtual currencies will move up or down, or whether a virtual currency will lose all or substantially all of its value, is unknown. Blockchain networks may go offline because of bugs, hard forks, or other unforeseeable reasons. Participants in any virtual currency market should pay close attention to their position and holdings, and how they may be affected by sudden and adverse shifts in trading and other market activities.
• Liquidity Risk.
Virtual currencies have varying degrees of liquidity. Some markets are quite liquid while others may be thinner. Thin markets can amplify volatility. Factors beyond HBUS's control may affect market liquidity for a virtual currency, such as regulatory activity, market manipulation, or unexplainable price volatility. HBUS makes no representations or warranties about whether a virtual currency that may be traded on the Exchange may be traded on the Exchange any point in the future, if at all. Any virtual currency is subject to no longer being supported by HBUS without notice or consent.
• Legal Risk.
The legal status of certain virtual currencies may be uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more virtual currencies constitute property, or assets, or rights of any kind may also seem unclear. Participants are responsible for knowing and understanding how virtual currencies will be addressed, regulated, and taxed under applicable law.
• Operational Risk.
HBUS may experience sophisticated cyberattacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions in the HBUS Services. Participants agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks.
• Custody Risk.
Having virtual currencies on deposit or with any third party in a custodial relationship has attendant risks. These risks include security breaches, risk of contractual breach, and risk of loss.
2.1. Registration of HBUS Account. To use the HBUS Services, you will need to register for an HBUS account (an "HBUS Account"). During the registration process, we will ask you for information, including your name and other personal information to verify your identity. We may, in our sole discretion, refuse to open an HBUS Account for you. Unless otherwise agreed in writing, we will open one and only one account per customer. You agree that you shall not circumvent any operational or technological measure that controls the number of account you can maintain with us.
2.2. Identity Verification. During registration of your HBUS Account, you agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information for a minimum of five years. You will need to complete certain verification procedures before you are permitted to use the HBUS Services. Your access to one or more HBUS Services and the limits that apply to your use of the HBUS Services, may be altered as a result of information collected about you. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.
3.1. In General. Upon verification of your identity, you will have the ability to transfer, track and store supported virtual currencies by giving instructions through the HBUS Site (each such transaction, a "Virtual Currency Transaction").
HBUS reserves the right to refuse to process or to cancel any pending Virtual Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. HBUS cannot reverse a Virtual Currency Transaction which has been broadcast to a virtual currency network. The Virtual Currency Wallet services are available only in connection with those virtual currencies that HBUS, in its sole discretion, decides to support. The virtual currencies that HBUS support may change from time to time.
Under no circumstances should you attempt to use your Virtual Currency Wallet services to transfer or store virtual currencies in any form that is not supported by HBUS. HBUS assumes no responsibility or liability in connection with any attempt to use HBUS Services for virtual currencies that HBUS does not support.
You assume full responsibility and liability in any loss resulting from intentional or unintentional misuse of your Virtual Currency Wallet services, including, without limitation, any loss resulting from depositing one type of virtual currency to a wallet intended for another type of virtual currency, regardless of whether the relevant virtual currency network confirms the applicable Virtual Currency Transaction or not. HBUS assumes no responsibility or liability in connection with any such misuse.
3.2. Virtual Currency Transactions. HBUS processes supported virtual currency according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to HBUS. Once submitted to a virtual currency network, a Virtual Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the virtual currency network. A transaction is not complete while it is in a pending state. Virtual currency associated with transactions that are in a pending state will be designated accordingly, and will not be included in your HBUS Account balance or be available to conduct transactions. HBUS may charge network fees to process a Virtual Currency Transaction on your behalf. HBUS will calculate the network fee in its discretion and show the network fee at or before the time you authorize the transaction. HBUS reserves the right to delay or cancel any Virtual Currency Transaction if it perceives a risk of fraud or illegal activity.
3.3. Virtual Currency Storage & Transmission Delays. HBUS securely stores all virtual currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for HBUS to retrieve certain information from offline storage in order to facilitate a Virtual Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Virtual Currency Transaction for 48 hours or more. You acknowledge and agree that a Virtual Currency Transaction facilitated by HBUS may be delayed.
3.4. Advanced Protocols. Unless specifically announced on our website or through some other official public statement of HBUS, we do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a virtual currency supported by HBUS (collectively, "Advanced Protocols"). Do not use your HBUS Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The HBUS platform is not configured to detect and/or secure Advanced Protocol transactions and HBUS assumes absolutely no responsibility whatsoever in respect to Advanced Protocols.
3.5. Operation of Virtual Currency Protocols. HBUS does not own or control the underlying software protocols which govern the operation of virtual currencies supported on our platform. By using the HBUS platform, you acknowledge and agree (i) that HBUS is not responsible for operation of the underlying protocols and that HBUS makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a "forks"), and that such forks may materially affect the value, function, and/or even the name of the virtual currency you store in the HBUS platform. In the event of a fork, you agree that HBUS may suspend HBUS operations (with or without advance notice to you) and that HBUS may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that HBUS assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
3.6. Attacks on Distributed Ledger Networks. HBUS does not have any ability to prevent or mitigate attacks on distributed ledger networks. HBUS reserves the right to take the following reasonable actions in the event of an attack: (i) If HBUS is able to confirm that a virtual currency that it supports has been compromised or is under attack, HBUS may immediately halt trading, deposits, and withdrawals for such virtual currency; and (ii) if it is determined that such an attack caused the virtual currency to greatly decrease in value, HBUS may discontinue trade activity on such virtual currency entirely. HBUS does not have any obligation to engage in activity in relation to attacks on distributed ledger networks. Resolutions for an attacked virtual currency will be determined on a case-by-case basis by HBUS in its sole discretion. HBUS makes no representation and does not warrant the safety of the HBUS Services and is not liable for any lost value or stolen property, whether or not HBUS was negligent in providing the proper security.
4.1. Exchange Access. Eligible users may establish an account (an "Exchange Account") at HBUS's Exchange, an exchange platform for virtual currencies.
4.2. Order Books. The Exchange offers an order book for various virtual currency trading pairs (each an "Order Book"). Refer to your Exchange account to determine which Order Books are available to you.
4.3. Your Exchange Account . Your Exchange Account consists of the following.
• A dedicated Virtual Currency Wallet for each virtual currency offered on the Exchange.
• Associated user tools, accessible at hbus.com or through our API.
4.4. Deposits. You may fund your Exchange Account by depositing virtual currency from your basic HBUS Account or an external virtual currency address into your Exchange Account. Funds in your Exchange Account can be used only to trade on Exchange.
4.5. Withdrawals. You may withdraw virtual currency from your Exchange Account by transfer to your basic HBUS Account or to an external virtual currency address.
ALL DEPOSITS AND WITHDRAWALS MAY BE SUBJECT TO LIMITS. ALL LIMITS WILL BE DISPLAYED IN YOUR EXCHANGE ACCOUNT.
4.6. Withdrawal Fees. HBUS may also charge a fee on certain virtual currency deposit or withdrawal methods. All such fees will be clearly displayed in your Exchange Account.
4.7. Trading Rules. By accessing the Exchange through hbus.com or HBUS API, you accept and agree to be bound by the Exchange's trading rules.
4.8. Trading Fees. By placing an order on the Exchange, you agree to pay all applicable fees, which are payable in virtual currencies, and you authorize HBUS to automatically deduct fees directly from your Exchange Account. Trading Fees are set forth in our Fee Schedule available at hbus.com.
4.9. Trading Account Use. By using an Exchange Account, you agree and represent that you will use the Exchange only for yourself as Account owner, and not on behalf of any third party, unless you have obtained prior approval from HBUS. You may not sell, lease, furnish or otherwise permit or provide access to your Trading Account to any other entity or to any individual that is not your employee or agent. You accept full responsibility for your employees' or agents' use of the Exchange, whether such use is directly through the Exchange website or by other means, such as those facilitated through API keys, and/or applications which you may authorize. You understand and agree that you are responsible for any and all orders, trades, and other instructions entered into the Exchange including identifiers, permissions, passwords, and security codes associated with your Exchange Account.
4.11. No Warranty. We do not represent that the Exchange and/or its constituent Exchange Accounts, APIs, and related services, will be available without interruption. Although we will strive to provide you with continuous operations, we do not guarantee continuous access or that there will be no delays, failures, errors, omissions or loss of transmitted information, nor do we guarantee that any order will be executed, accepted, recorded, or remain open. HBUS reserves the right to cancel any open trades and/or suspend Exchange activity in accordance with the trading rules.
4.12. No Investment Advice or Brokerage. HBUS does not provide investment, tax, or legal advice, nor does HBUS broker trades on your behalf. All Exchange trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, 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. You should consult your legal or tax professional regarding your specific situation.
4.13. Debts. If there are outstanding amounts owed to us hereunder, including in your HBUS Account, HBUS reserves the right to debit your Exchange Account accordingly and/or to withhold amounts from virtual currency amounts that you may transfer from your Exchange Account to your HBUS Account.
5.1. Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of these Terms of Service, to access and use the HBUS Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by HBUS from time to time. Any other use of the HBUS Site or Content is expressly prohibited and all other right, title, and interest in the HBUS Site or Content is exclusively the property of HBUS and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "Hbus.com" and all logos related to the HBUS Services or displayed on the HBUS Site are either trademarks or registered marks of HBUS or its licensors. You may not copy, imitate or use them without HBUS's prior written consent.
5.2. Website Accuracy. Although we intend to provide accurate and timely information on the HBUS Site, the HBUS Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the HBUS Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the HBUS Site.
5.3. Third-Party Applications. If, to the extent permitted by HBUS from time to time, you grant express permission to a third party to access or connect to your HBUS Account, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms of Service. You are fully responsible for all acts or omissions of any third party with access to your HBUS Account. Further, you acknowledge and agree that you will not hold HBUS responsible for, and will indemnify HBUS from, any liability arising out of or related to any act or omission of any third party with access to your HBUS Account.
5.4. Prohibited Use. In connection with your use of the HBUS Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use, as defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your HBUS Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
5.5. Transactions Limits. The use of all HBUS Services is subject to a limit on the amount you may withdraw in a given period (e.g., daily, weekly and monthly). To view your limits, login to your HBUS Account. Your transaction limits may vary depending on your identity verification level. HBUS reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at [email protected]. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with HBUS staff (such process, "Enhanced Due Diligence"). HBUS reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
5.6. Suspension and Termination. HBUS may: (a) suspend, restrict, or terminate your access to any or all of the HBUS Services, and/or (b) deactivate or cancel your HBUS Account if:
We are so required by a facially valid subpoena, court order, or binding order of a government authority; orWe reasonably suspect you of using your HBUS Account in connection with a Prohibited Use or Business; orUse of your HBUS Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; orOur service partners are unable to support your use; or You take any action that HBUS deems as circumventing HBUS's controls, including, but not limited to, opening multiple HBUS Accounts or abusing promotions which HBUS may offer from time to time.
If HBUS suspends or closes your account, or terminates your use of HBUS Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits HBUS from providing you with such notice. You acknowledge that HBUS's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to HBUS's risk management and security protocols. You agree that HBUS is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer virtual currency associated with your Virtual Currency Wallet(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order.
5.7. Relationship of the Parties. HBUS is an independent contractor for all purposes. Nothing in these Terms of Service shall be deemed or is intended to be deemed, nor shall it cause, you and HBUS to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or HBUS to be treated as the agent of the other.
5.8. Privacy of Others;Marketing. If you receive information about another user through the HBUS Services, you must keep the information confidential and only use it in connection with the HBUS Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the HBUS Services.
5.9. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the HBUS Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your HBUS Account by third-parties and the loss or theft of any virtual currency and/or funds held in your HBUS Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of HBUS and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your HBUS Account information has been compromised, contact HBUS Support immediately at [email protected].
5.10. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the HBUS Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your HBUS Account.
5.11. Unclaimed Property. If HBUS is holding funds in your account, and HBUS is unable to contact you and has no record of your use of the Services for several years, applicable law may require HBUS to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, HBUS will try to locate you at the address shown in our records, but if HBUS is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. HBUS reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
6.1. Contact HBUS. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at [email protected] or write to us at HBUS Customer Support, 123 Mission Street, Suite 1625, San Francisco, CA 94105. When you contact us please provide us with your name, address, and any other information we may need to identify you, your HBUS Account, and the transaction on which you have feedback, questions, or complaints. If you believe your account has been compromised, you may also report your claim by contacting [email protected]
6.2. Arbitration; Waiver of Class Action. If you have a dispute with HBUS, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising under these Terms of Service 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 (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) and you and HBUS hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees.
If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this section 6.2 is invalid or unenforceable, that provision shall be severed and the other parts of this section 6.2 shall still apply. In any case, the remainder of these Terms of Service will continue to apply.
7.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from HBUS. Always log into your HBUS Account through the HBUS Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
7.2. Release; Indemnification. If you have a dispute with one or more users of the HBUS services, you release HBUS, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold HBUS, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
7.3. Prohibited Jurisdictions. HBUS does not accept customers from the following jurisdictions: Alabama, Connecticut, Georgia, Louisiana, New York, North Carolina, Hawaii, Vermont, Washington.
7.4. Limitation of Liability; No Warranty. IN NO EVENT SHALL HBUS, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED VIRTUAL CURRENCY ON DEPOSIT IN YOUR HBUS ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE HBUS SITE OR THE HBUS SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HBUS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT HBUS FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED VIRTUAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED VIRTUAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE HBUS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HBUS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. HBUS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE HBUS SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
HBUS makes no representations about the accuracy or completeness of historical virtual currency price data available on the Site. HBUS will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but HBUS makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 7.4 are intended to apply only to the extent permitted under New Jersey law.
7.6. Amendments. We may amend or modify these Terms of Service by posting on the HBUS Site or emailing to you the revised Terms of Service, and the revised Terms of Service shall be effective at such time. 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. You agree that we shall not be liable to you or any third party for any modification or termination of the HBUS Services, or suspension or termination of your access to the HBUS Services, except to the extent otherwise expressly set forth herein.
7.7. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any HBUS affiliates or subsidiaries, or to any successor in interest of any business associated with the HBUS Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
7.8. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or 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 and the validity or enforceability of any other provision of this Agreement shall not be affected.
7.9. Change of Control. In the event that HBUS is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
7.10. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, HBUS Account cancellation, debts owed to HBUS, general use of the HBUS Site, disputes with HBUS, and general provisions, shall survive the termination or expiration of this Agreement.
7.11. Governing Law. You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and HBUS, except to the extent governed by federal law.
7.12. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
7.13. English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
APPENDIX A: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE
You may not use your HBUS Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of HBUS Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at [email protected]. By opening an HBUS Account, you confirm that you will not use your Account to do any of the following:
Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where HBUS conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information; Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the HBUS Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the HBUS Site, other HBUS Accounts, computer systems or networks connected to the HBUS Site, through password mining or any other means; use HBUS Account information of another party to access or use the HBUS Site, except in the case of specific applications which are specifically authorized by a user to access such user's HBUS Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of HBUS; Abuse Other Users: Interfere with another individual's or entity's access to or use of any HBUS Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the HBUS Site about others, including without limitation email addresses, without proper consent; Fraud: Activity which operates to defraud HBUS, HBUS users, or any other person; provide any false, inaccurate, or misleading information to HBUS; Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance; and Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of HBUS intellectual property, name, or logo, including use of HBUS trade or service marks, without express consent from HBUS or in a manner that otherwise harms HBUS or the HBUS brand; any action that implies an untrue endorsement by or affiliation with HBUS.
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from HBUS Services ("Prohibited Businesses"). Most Prohibited Businesses categories are imposed by Card Network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive.
By opening a HBUS Account, you confirm that you will not use HBUS Services in connection with any of following businesses, activities, practices, or items:
Restricted Financial Services: Check cashing, bail bonds; collections agencies; Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen; Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis; Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs; Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body; Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug; Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features; Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs; Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers; and High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies;
APPENDIX B: VERIFICATION PROCEDURES AND LIMITS
As a registered money services business, we are required to identify users on our platform. This ensures we remain in compliance with AML/CFT laws in the jurisdictions in which we operate, something that is necessary for us to be able to continue to offer virtual currency exchange services to our customers. HBUS collects and verifies information about you in order to: (a) protect HBUS and the community from fraudulent users, and (b) to keep appropriate records of HBUS's customers.
All customers who wish to use HBUS Services are required to establish a HBUS Account by providing KYC information that include, without limitation, name, email address, password, state of residence, date of birth, full address, tax identification number, proof of source of funds, employment information and explanation of activity. Depending on your verification level, your use of all HBUS Services will be subject to a limit on the amount you may withdraw in a given period (e.g., daily, weekly and monthly).
Notwithstanding these minimum verification procedures for the referenced HBUS Services, HBUS may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any HBUS Services and/or before permitting you to engage in transactions beyond certain volume limits.
You may contact us at [email protected] to request larger limits. HBUS will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and HBUS does not guarantee that we will raise your limits.
APPENDIX C: E-SIGN DISCLOSURE AND CONSENT
This policy describes how HBUS delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your HBUS Account and your use of HBUS Services. Communications include:
In order to access and retain electronic Communications, you will need the following computer hardware and software:
A device with an Internet connection;A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;A valid email address (your primary email address on file with HBUS); andSufficient storage space to save past Communications or an installed printer to print them.
It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if HBUS sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, HBUS will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at [email protected].