Private Policy
Effective date: January 2, 2020
Trading Market Profile: Bitcoin (“us”, “we”, or “our”) operates the https://www.BTCmarketprofile.com website (hereinafter referred to as the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.BTCmarketprofile.com
Definitions
• Service
Service is the https://www.BTCmarketprofile.com website operated by Trading Market Profile: Bitcoin
• Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
• Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Cookies
Cookies are small files stored on your device (computer or mobile device).
• Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
• Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
• Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
• Email address
• First name and last name
• Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
Usage Data
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
• Session
Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember
your preferences and various settings.
• Security Cookies. We use Security Cookies for security
purposes.
Use of Data
Trading Market Profile: Bitcoin uses the collected data for various purposes:
• To provide and maintain
our Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you
choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service
• To detect, prevent and address technical issues
• To provide you with news, special offers and general information about other
goods, services and events which we offer that are similar to those that you
have already purchased or enquired about unless you have opted not to receive
such information
Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), Trading Market Profile: Bitcoin legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
Trading Market Profile: Bitcoin may process your Personal Data because:
• We need to perform a
contract with you
• You have given us permission to do so
• The processing is in our legitimate interests and it is not overridden by
your rights
• For payment processing purposes
• To comply with the law
Retention of Data
Trading Market Profile: Bitcoin will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
Trading Market Profile: Bitcoin will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Trading Market Profile: Bitcoin will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Trading Market Profile: Bitcoin may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Legal Requirements
Trading Market Profile: Bitcoin may disclose your Personal Data in the good faith belief that such action is necessary to:
• To comply with a legal
obligation
• To protect and defend the rights or property of Trading Market Profile:
Bitcoin
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Trading Market Profile: Bitcoin aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
• The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Data.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where Trading Market Profile: Bitcoin relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service Providers to monitor and analyse the use of our Service.
• Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Payments
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
• Coinbase Commerce
Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
• By emailing BTCmarketprofile@protonmail.com
TERMS OF SERVICE
THIS AGREEMENT WAS LAST UPDATED ON January 2nd, 2020
PLEASE SCROLL DOWN AND READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU USE ANY OF OUR PRODUCTS OR SERVICES OF BTCMARKETPROFILE.COM
This Terms of Use Agreement (the “Agreement”) and our Privacy Policy, which is hereby incorporated by reference, governs your use of Trading Market Profile: Bitcoin products and services “BTCmarketprofile.com” or the “Service”); Trading Market Profile: Bitcoin provides crypto focused entertainment and education from Trading Market Profile: Bitcoin (“we” or “us”). By accessing or using the products, services, website and software provided through or in connection with Trading Market Profile: Bitcoin, you signify that you have read, understood, and agree to be bound by this Agreement and our current Privacy Policy, whether or not you are a registered member. If you do not agree to any of these terms or any future Terms of Use, you may not use or access (or continue to access) the Service.
Changes to the Agreement.
We may change the terms of this Agreement at any time and without prior notice. If we do this, we will post the changes to this page and indicate at the top of the page the date the Agreement was last revised. You can access this document at any time by selecting the Terms of Use link located at the bottom of website on the BTCmarketprofile.com web site. Your use of BTCmarketprofile.com after changes are made to this Agreement means that you agree to be bound by such changes. As our business changes constantly, this Agreement, our Privacy Policy, and other pertinent company policies may change also. You should check our web site frequently to see recent changes.
Legal Disclaimer.
Trading Market Profile: Bitcoin is a content provider and publisher. We Are Not Financial Advisors or a Broker/Dealer: Neither Trading Market Profile: Bitcoin nor any of its officers, employees, representatives, agents, or independent contractors are, in such capacities, licensed financial advisors, registered investment advisers, or registered broker-dealers. Trading Market Profile: Bitcoin does not provide investment or financial advice or make investment recommendations, nor is it in the business of transacting trades, nor does it direct client commodity accounts or give commodity trading advice tailored to any particular client’s situation. Nothing contained in this communication constitutes a solicitation, recommendation, promotion, endorsement, or offer by Trading Market Profile: Bitcoin of any particular security, transaction, or investment. You further understand and agree that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter
Securities Used as Examples: Any cryptocurrency or security used in this example is used for illustrative purposes only. Trading Market Profile: Bitcoin is not recommending that you buy or sell this security. Past performance shown in examples may not be indicative of future performance.
Return on Investment “ROI” Examples: Any security used in this example is for illustrative purposes only. The calculation used to determine the return on investment “ROI” does not include the number of trades, commissions, or any other factors used to determine ROI. The ROI calculation measures the profitability of investment and, as such, there are alternative methods to calculate/express it. All information provided are for educational purposes only and does not imply, express, or guarantee future returns. Past performance shown in examples may not be indicative of future performance.
Investing Risk: Trading securities and cryptocurrencies can involve high risk and the loss of any and all funds invested. Investment information provided may not be appropriate for all investors and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance.
You understand and agree that performance data is supplied by sources believed to be reliable, that the calculations in any Trading Market Profile: Bitcoin publication or service are made using such data, and that such data is not guaranteed by these sources, the information providers, or any other person or entity, and may not be accurate or complete.
BEFORE SELLING OR BUYING ANY CRYPTOCURRENCY OR OTHER INVESTMENT YOU SHOULD CONSULT WITH A QUALIFIED BROKER OR OTHER FINANCIAL PROFESSIONAL TO VERIFY PRICING INFORMATION AND TO SOLICIT ADVICE AS TO THE APPROPRIATENESS OF A GIVEN TRANSACTION OR INVESTMENT.
Registration.
In order to access certain features of the Service, you will have to become a member of Trading Market Profile: Bitcoin by subscribing and creating a Trading Market Profile: Bitcoin account. When you create your account, you must provide accurate and complete information, and keep that information up to date. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities (including purchases) that are conducted through your account. You may never use another user’s account without permission.
By providing Trading Market Profile: Bitcoin your email address you consent to our using the email address to send you Service-related notices, including any notice required by law, in lieu of written communication by postal mail. You may unsubscribe to certain email communications at any time. We may also use your email address to send you other messages, including changes to Trading Market Profile: Bitcoin features and special offers. If you do not want to receive such email messages, you may opt out and unsubscribe at any time.
Privacy.
We store or keep very limited data on our members. Registration data and other information about you are subject to our Privacy Policy.
Fees and Payments.
a. For subscribers to Trading Market Profile: Bitcoin course service only, you agree to pay the one time purchase fee and any other charges (including any applicable taxes) at the rates in effect when the charges were incurred. All products sales are final as you cannot return digital products once purchased. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you want to change your service, or change or update any other relevant account information, you may do so by clicking your account page link located within your profile settings of the dashboard page when you are logged in. If you believe someone has accessed Trading Market Profile: Bitcoin using your user name and password without your authorization, you must immediately notify us via email at BTCmarketprofile@protonmail.com
b. Trading Market Profile: Bitcoin will automatically bill you according to your subscription choice upon completion of the registration form and checkout page. No refunds will be processed for any reason due to the nature of content and immediate use of Trading Market Profile: Bitcoin platform.
Limitations on Use.
a. Access to the subscriber areas of Trading Market Profile: Bitcoin is solely limited to the registered subscriber and is non-transferable to any third party. Only one individual may access Trading Market Profile: Bitcoin at the same time using the same user name or password, unless otherwise expressly permitted in writing by Trading Market Profile: Bitcoin
b. The content available through Trading Market Profile: Bitcoin, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”), and all Intellectual Property Rights related thereto, is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the Content for your personal, non-commercial use only. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Trading Market Profile: Bitcoin reserves all rights not expressly granted herein in the Service and its Content. Trading Market Profile: Bitcoin may terminate this license at any time for any reason or no reason.
You agree not to sell, publish, license, rent, modify, distribute, copy, reproduce, transmit, retransmit, publicly display, publicly perform, adapt, edit, create derivative works from, or otherwise provide access to the Content to anyone, including, but not limited to your fellow employees, friends or family.
c. You agree not to create abstracts from, scrape, frame, or display headlines from our Content for use on another web site or service. You agree not to post any Content from Trading Market Profile: Bitcoin to newsgroups, Discord, Telegram, Social media, mail lists or electronic bulletin boards, without our written consent.
To request consent for uses of the Content and Service not expressly permitted by this Agreement, please contact Trading Market Profile: Bitcoin customer service at BTCmarketprofile@protonmail.com
d. You agree not to use Trading Market Profile: Bitcoin for any unlawful purpose. We reserve the right to terminate or restrict your access to Trading Market Profile: Bitcoin at any time and without notice if, in our opinion, your use of Trading Market Profile: Bitcoin may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. Any termination will not lead to any refund nor prorated refund.
Code of Conduct.
While using any Trading Market Profile: Bitcoin product or service, you agree not to:
Restrict or inhibit any other visitor or member from using any Trading Market Profile: Bitcoin product or service, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of the Trading Market Profile: Bitcoin web site;
Use any Trading Market Profile: Bitcoin product or service for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Engage in spamming;
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of Trading Market Profile: Bitcoin web site;
Remove any copyright, trademark, or other proprietary rights notices contained in the Trading Market Profile: Bitcoin web site;
“Frame” or “mirror” any part of Trading Market Profile: Bitcoin web site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of any Trading Market Profile: Bitcoin product or service or its contents;
Harvest or collect information about visitors to or members of Trading Market Profile: Bitcoin without their express consent; or
Permit anyone without an account or subscription to use any Trading Market Profile: Bitcoin product or service through your subscription, user name or password.
While using Trading Market Profile: Bitcoin products or services you agree to comply with all applicable laws, rules and regulations.
Additional Representations and Warranties.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
b. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
c. Your User Content and Trading Market Profile: Bitcoin use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
Links to Other Websites.
Our products and services may contain links to other Internet web sites or resources. Trading Market Profile: Bitcoin neither controls nor endorses such other web sites, nor will it review or approve any content that appears on such other web sites. If you choose to follow a link to another web site, the terms of service and privacy policy of that web site, not of Trading Market Profile: Bitcoin and, apply. You acknowledge and agree that Trading Market Profile: Bitcoin shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Disclaimers of Warranties and Limitations on Liability.
YOU AGREE THAT YOUR ACCESS TO AND USE OF Trading Market Profile: Bitcoin AND THE CONTENT AVAILABLE THROUGH Trading Market Profile: Bitcoin IS ON AN “AS-IS”, “AS AVAILABLE” BASIS. Trading Market Profile: Bitcoin AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND CONTRIBUTORS AND LICENSORS (“Trading Market Profile: Bitcoin “) SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Trading Market Profile: Bitcoin PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU’RE USE OF Trading Market Profile: Bitcoin PRODUCTS OR SERVICES, THE MATERIALS ON OUR WEB SITE AND ANY MATERIALS PROVIDED THROUGH OUR WEB SITE ARE ENTIRELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT Trading Market Profile: Bitcoin PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF Trading Market Profile: Bitcoin FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF Trading Market Profile: Bitcoin PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
YOU AGREE THAT THE MAXIMUM LIABILITY OF Trading Market Profile: Bitcoin FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER THIS AGREEMENT SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO ANY Trading Market Profile: Bitcoin PRODUCTS OR SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United Kingdom. Trading Market Profile: Bitcoin make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
General.
This Agreement contains the final and entire agreement between you and Trading Market Profile: Bitcoin regarding your use of Trading Market Profile: Bitcoin and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of Trading Market Profile: Bitcoin. Trading Market Profile: Bitcoin may discontinue or change Trading Market Profile: Bitcoin, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is deemed invalid by a court of 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 term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Indemnification.
You agree to indemnify, defend and hold Trading Market Profile: Bitcoin Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to our web sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Service or any Trading Market Profile: Bitcoin products or services.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the Trading Market Profile: Bitcoin, in a location in the location within the state of California USA. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Trading Market Profile: Bitcoin agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Notification Procedures.
Trading Market Profile: Bitcoin may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Trading Market Profile: Bitcoin in our sole discretion. Trading Market Profile: Bitcoin reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.