Terms & Conditions 2018-03-22T13:33:31+00:00

Terms & Conditions

Updated: 2/1/18

Joincrushingcrypto.com (“Crushing Crypto”, “the Web Site”, “we”, “us” or “our”)  owns and operates the Web Site that links to these “Terms and Conditions.” You should also review our Privacy Policy.

1. ACCEPTANCE OF TERMS

Before executing a transaction with us, you should review these Terms and Conditions as they may be updated from time to time. You agree to these Terms and Conditions of use by accessing or using the Web Site and purchasing from us, registering for services offered on the Web Site or by accepting, uploading, submitting or downloading any information or content from or to the Web Site. IF YOU DO NOT AGREE TO THE “TERMS AND CONDITIONS”, INCLUDING, BUT NOT LIMITED TO THE BINDING ARBITRATION AND WAIVER OF CLASS ACTION RIGHTS DETAILED IN SECTION 17, DO NOT USE THE WEB SITE OR ENTER INTO A TRANSACTION WITH US. These Terms and Conditions constitute a legal agreement between you and us, and shall apply to your use of the Web Site and any purchases you may make with us. These Terms and Conditions and the Privacy Policy are the entire agreement between you and us as to their subject matter and supersede all prior inconsistent statements or representations as to that subject matter.

2. GENERAL DISCLAIMERS

Your acknowledge Crushing Crypto does not offer any legal, financial, insurance, tax, investment or associated advice. All transactions made are at the sole responsibility of you. Information such as spot prices, buy and sell prices of Cryptocurrencies, and the rate of production of Cryptocurrency per hash per second, whether provided through the Web Site or at other non-affiliated third-party platforms are for information purposes only and is not for investment advice in any form whatsoever and should not be construed as such. SEE below for more disclaimers.

3. MODIFICATION OF THE TERMS AND CONDITIONS

Crushing Crypto reserves the right, at its sole discretion, to modify or replace the Terms and Conditions at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Web Site by you after notification constitutes your acceptance of the changes to the Terms and Conditions.

4. COINBASE WALLET

Your “Wallet” is the digital address that you provide to us from time to time. We require that you have a Wallet opened through COINBASE. No other Wallets will be accepted. If you have not already opened a Wallet through COINBASE, contact us and we will provide you may open one through the following Link:

Click Here to Sign Up for Coinbase

(Disclaimer, when you open an account through this Link, both you and we will receive $10 in free Bitcoin).

We are not responsible for transactions made, or transmissions you receive from linked websites and do not guarantee that outside websites comply with any relevant standards of practice.

We strongly recommend that you review the policies of any outside websites you visit from this site, since you will be subject to terms and conditions, and the privacy, security, and accessibility policies of those other sites, once you leave www.joincrushingcrypto.com.

We shall have no liability for any operation or failure of your Wallet. Please see “Security Section” below for more information.

5. ELIGIBILITY

By agreeing to these Terms and Conditions, you represent and warrant that i) You are at least 18 years of age; ii) you have all requisite power, authority and legal capacity to consummate the transactions contemplated hereby; iii) you will not infringe the rights of any third party or applicable law.

6. PURCHASE AND RETURN POLICY

You must be eighteen (18) years or older, provide a valid credit or debit card and authorize us to charge that payment method on the date you provide it in order to make a purchase from us.

We will attempt to deliver your purchase within 3-4 weeks of you placing an order. Please note that our delivery partners do not call prior to delivering, there is no guarantee of delivery time of day and we are not responsible for deliveries made to incorrect addresses supplied by you or deliveries which may be unsuccessful as a result of you not being present at time of delivery.

Starting upon delivery, you have a thirty (30) day money back guarantee for the price of the product you order. Processing and handling charges are non-refundable. If you wish to return your product you must do so within this timeframe or you will waive all rights or claims to refund. Return shipping costs are your responsibility. In order to receive your refund, please follow all of the following instructions: 1) Call Customer Satisfaction at 800-236-4544; 2) ask the representative you speak with for a Return Authorization number; 3) write the Return Authorization number on the outside of your package; 4) return your purchase within ten (10) days of the Return Authorization issuance. Please do not return any purchases without a Return Authorization number. This will result in a delayed or denied refund. Please allow one to two billing cycles for the return credit to be posted to the account or your provided method of payment.

Your charge will appear as “Crushing Crypto” on your next billing statement.

7. RISK DISCLAIMER

By agreeing to these Terms and Conditions, you acknowledge and warrant that you have conducted sufficient due diligence to understand the risks associated with Cryptocurrency and that involvement with Cryptocurrency involves risk. Cryptocurrencies are not regulated and backed by any central bank, there is a chance of total loss. In addition there might be unforeseen risks that are not identified in these Terms and Conditions. We will not be held liable for any consequences of such unforeseen risks.  By agreeing to these Terms and Conditions, you acknowledge and agree to the following: i) Cryptocurrencies are not recognized as legal tender in United States and other countries and that Cryptocurrencies are not regulated by any central institution and may be subject to extreme price volatility; ii) you understand the risks involved with digital currencies including Bitcoin; iii) you understand that the hash rate required to produce Cryptocurrencies increases about every other week resulting in a diminishing return of Cryptocurrencies per hash rate applied to production; iv) you are responsible for protecting your Cryptocurrency, Wallet, computer, software bank account, address and personal data against any theft, fraud or illegal activity; v) we are not responsible for any Cryptocurrency Transfers made to any incorrect Wallet IDs and you and your agents agree to release us from all loss or damage suffered in connection with such Cryptocurrency Transfers whether directly or indirectly; vi) you have obtained independent legal and financial advice about the risks associated with buying Cryptocurrencies, or Buyer knowingly and voluntarily elected not to do so and vii) we have the right to refuse any Transaction for any reason, which is at our absolute discretion and you hereby agree to release and indemnify us in the exercise of that discretion.

8. SECURITY

At the time of registration, you will be required to provide your contact information and may need to supply a Username and Password. Other portions on the Web Site may require more registration information before you can access them. You are responsible for the confidentiality of your Username and Password and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to not share your Username or Password with others and immediately notify Crushing Crypto of any unauthorized use of your Username and Password or account or any breach of security on your account. If you have reason to believe that someone has access to your account, you should contact us immediately. Crushing Crypto cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

We do not operate your Wallet and you are solely responsible for maintaining and controlling your Wallet. You represent and warrant that you understand that if you forget or misplace your access credentials to your Wallet or if others gain access to it, with or without your authorization, you could permanently lose any accumulated Cryptocurrency therein, including any portions transferred by us to your Wallet. Crushing Crypto shall have no liability for any operation or failure of, or unauthorized access to, your Wallet. You must notify us immediately if your Wallet address has changed or if there is any other change, loss, fraud or suspicion about your Wallet or any transfers in or out of it. Crushing Crypto will not be held liable for any lost Wallet information or hacked Wallet accounts, nor any loss arising howsoever as a result including by theft or fraud.

9. INTELLECTUAL PROPERTY

Technology

“Technology” means Crushing Crypto or its suppliers’ computer programs, literary works, audiovisual works, all other original works of expression, methods, apparatus and processes that we may publish, distribute, use or otherwise exploit to facilitate our Systems, and includes without limitation our software, software tools, user interface designs, and any derivatives, improvements, enhancements or extensions thereof developed or provided by us or our suppliers and used in the provision of our Systems. You are not purchasing title to any Technology. These Terms and Conditions do not transfer to you any ownership or proprietary rights in the Technology or any work or any part thereof, and all right, title and interest in and to the Technology will remain solely with us or our third-party suppliers. Crushing Crypto grants no license, whether express or implied, in any copyright, patent or any other intellectual property rights embodied in the Technology.

Copyrights
This Site is owned and operated by Crushing Crypto. Unless otherwise specified, all materials appearing on our Web Site, including the text, Web Site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Crushing Crypto © 2018, ALL RIGHTS RESERVED. All audio and video clips have been licensed to Crushing Crypto or are the sole property of Crushing Crypto or and are the sole property of their respective licensors. The content and software on our Web Site is the property of Crushing Crypto and/or its licensors and is protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of any of our Web Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from any of our Web Site in whole or in part without our prior written permission. All rights not expressly granted herein are reserved. We post legal notices and various credits on pages of this Web Site. If you duplicate, publish or otherwise distribute material from the Web Site, you may not remove these notices or credits or any additional information accompanying such notices and credits.

Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Web Site without permission from us, except as permitted by applicable law. In order to maintain the value of these marks, it is important that they are used correctly.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Crushing Crypto and our affiliates, officers, directors, employees, agents, service providers, licensors and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorneys’ fees, brought by third parties as a result of: (i) your violation of these Terms and Condition; (ii) any statements, claims, representations or warranties made by you; or (iii) your violation of any local, state or federal law or the rights of a third party.

11. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT ANY SERVICES AND/OR PRODUCTS PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CRUSHING CRYPTO AND ITS PARTNERS, PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. CRUSHING CRYPTO DOES NOT WARRANT THAT THE WEB SITE OR ANY OF THE WEB SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CRUSHING CRYPTO DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, CRUSHING CRYPTO SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE. FURTHER, CRUSHING CRYPTO AND ITS PARTNERS, PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. CRUSHING CRYPTO, ITS PARTNERS, PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS AND CONDITIONS. OTHER THAN AS EXPRESSLY PROVIDED FOR HEREIN, CRUSHING CRYPTO MAKES NO REPRESENTATIONS, WARRANTY OR GUARANTEE THAT YOU WILL RECEIVE PROFIT OR REVENUE AND THE FACT THAT PEOPLE HAVE PROFITED FROM CRYPTOCURRENCY IN THE PAST IS NOT INDICATION THAT YOU WILL PROFIT FROM CRYPTOCURRENCY NOW OR IN THE FUTURE.

12. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT CRUSHING CRYPTO LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE OR PURCHASE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL CRUSHING CRYPTO, ITS PARTNERS, PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “CRUSHING CRYPTO ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITE OR PRODUCT; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CRUSHING CRYPTO OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; OR (4) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF CRUSHING CRYPTO ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL CRUSHING CRYPTO ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CRUSHING CRYPTO ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). CRUSHING CRYPTO ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR AS OTHERWISE EXPRESSLY PROVIDED FOR HEREIN. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CRUSHING CRYPTO’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE OR OTHER PROPERTY OWNED OR CONTROLLED BY CRUSHING CRYPTO AND/OR ITS PARTNERS, PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEB SITE OR MAKING A PURCHASE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

13. APPLICABLE LAW

You agree that any legal action brought against us shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any dispute arising from these Terms and Conditions shall be in Suffolk County, Massachusetts. Those who choose to access our Web Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

14. MANDATORY DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

If a dispute does arise between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and we agree that we shall resolve any action, claim or controversy at law or equity (a “Claim”) that arises out of your use of the Web Site, or in connection with these Terms and Conditions in accordance with one of the subsections below or as otherwise mutually agreed by the parties in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting customer service, since most customer concerns can be resolved quickly to our players satisfaction in this manner.

Any Claim shall be resolved via binding arbitration initiated through the American Arbitration Association (“AAA”). The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules:

The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the formation, enforceability, or interpretation of these Terms and Conditions, including, but not limited to whether a claim is subject to arbitration or any claim that all or any part of these Terms are void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity in the courts of the Commonwealth of Massachusetts. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. This arbitration provision shall survive termination of this Agreement.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND CRUSHING CRYPTO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION. YOU AND CRUSHING CRYPTO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Improperly Filed Claims– All Claims you bring against us must be resolved in accordance with this “Dispute Resolution” section. All Claims filed or brought contrary to this “Dispute Resolution” section shall be considered improperly filed and void. Should you file a Claim contrary to this “Resolution of Disputes” section, we may recover attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

Exception – Intellectual Property and Small Claims Court Claims Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.