AMERICA’S BEST COINS LLC
Last updated July 1, 2021
This User Agreement (“Agreement”) is a contract between you and America’s Best Coins LLC, a Limited Liability Company incorporated in Illinois (“America’s Best Coins,” “we”, “us” or “our”) and applies to your use of any or all of the following: the America’s Best Coins website (“website”, or “americasbestcoins.com”), America’s Best Coins Bitcoin ATMs (“Bitcoin Transaction Machine” or “BTM”) and all services described herein (collectively, the “America’s Best Coins Services”).
To be eligible to use the America’s Best Coins Services, you must be at least 18 years old. By accessing or using the America’s Best Coins Services you represent and warrant that you are 18 or older.
To be eligible to use the America’s Best Coins Services, you must agree to comply with and be legally bound by this Agreement. If at any time you no longer agree with the terms of this Agreement, or any subsequent modification thereof, you are no longer eligible to use the America’s Best Coins services and must terminate your relationship, without charge, as set forth below.
This Agreement may be amended from time to time at the sole discretion of America’s Best Coins. Any amended Agreement shall be effective immediately either upon your expressed approval or after one month has elapsed from our posting of the amended Agreement to our website.
At our sole discretion we may modify or discontinue any or all of the America’s Best Coins Services or limit your access to the America’s Best Coins services at any time, without notice to you. America’s Best Coins shall not be liable to you or any third party for any modification, limitation, or termination of America’s Best Coins Services to you.
Per this Agreement, you agree and understand that certain America’s Best Coins Services require us to positively verify your identity. You agree that to use certain America’s Best Coins Services you will provide the requested personal information including, but not limited to, any or all of the following: your name, address, telephone number, email address, date of birth, taxpayer identification number, government issued identification, and current photograph(s) of yourself. You also understand and agree that we may require you to answer additional questions to verify your identity or take actions at our discretion, including but not limited to engaging third parties, to verify your identity. You authorize such third parties to which such inquiries may be directed to fully respond to such inquiries. You verify that any information you provide to America’s Best Coins is accurate and authentic and agree to update any information as necessary.
America’s Best Coins Services
America’s Best Coins Crypto Purchase and Sale. When buying or selling cryptocurrency, subject to applicable limits, you are buying from or selling to America’s Best Coins directly. You further warrant and represent that America’s Best Coins is buying from or selling to you directly. You understand America’s Best Coins does not act as an intermediary or exchange between buyers and sellers of cryptocurrency and does not facilitate third party transfers. You warrant the cryptocurrency wallet you utilize in a transaction with us is under your ownership and control. You understand and agree that America’s Best Coins cannot accept any transfer instructions from you.
We reserve the right to suspend or cancel any purchases or sales of cryptocurrency where we have reason to believe the transaction involves prohibited uses including but not limited to money laundering, terrorist financing, fraud, financial crimes, or any other Prohibited Use (defined below) or in compliance with a subpoena, court order, or any governmental order. You understand and agree America’s Best Coins is not responsible for any alleged damages that might arise from a suspended or cancelled purchase or sale of cryptocurrency.
Bitcoin ATM. When buying or selling cryptocurrency from a Bitcoin ATM, a “buy price” or a “sell price” will be displayed. This is the price, quoted in local currency, that America’s Best Coins is willing to either buy cryptocurrency from you or sell cryptocurrency to you. You understand the price of cryptocurrency is dynamic and can fluctuate up until a transaction has occurred. You understand and agree to accept the final displayed price as the sole conversion metric. You understand once you agree to a transaction, you cannot cancel, reverse, or change the instructions.
Refunds. Cryptocurrency transactions are irreversible. You understand and agree that America’s Best Coins is not responsible for issuing refunds of any kind or amount regardless of whether you were the victim of a fraud, the loss of a private key, or any other mistake.
Taxes. You are aware transactions may be subject to taxation by federal, state, or local authorities. You understand and agree it is your sole responsibility to determine whether and to what extent taxes may or may not apply to your transactions.
Transaction Confirmations. You are aware each cryptocurrency transaction must be confirmed on its own network or blockchain. You understand and agree America’s Best Coins is not responsible for any confirmation delays and is not liable for any damages this may cause.
Risks. You understand trading or holding cryptocurrencies can cause substantial losses. You understand and agree the value of cryptocurrencies can fluctuate rapidly, fall significantly and might become worthless. You understand the loss of a wallet private key can prevent you from ever accessing your cryptocurrencies and you further understand and agree it is your sole responsibility for protecting any private keys in your control. You agree America’s Best Coins is not responsible for any cryptocurrency loss you may suffer, from valuation to theft or loss of wallet control.
Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the America’s Best Coins Services, and the content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for informational, transactional, or other approved purposes as permitted by America’s Best Coins from time to time. You understand and agree that any other use of the America’s Best Coins Site or Content is expressly prohibited.
All other rights in the America’s Best Coins website or Content are reserved by us and our licensors, if applicable. We reserve all rights in the America’s Best Coins Site and Content and you agree that this Agreement does not grant you any rights in or licenses to the America’s Best Coins Site or the Content, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the America’s Best Coins Services or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the America’s Best Coins Site or Content (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. If you violate any portion of this Agreement, your permission to access and use the America’s Best Coins Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation. “americasbestcoins.com”, “America’s Best Coins”, and all logos related to America’s Best Coins Services or displayed on the America’s Best Coins website or Bitcoin ATMs are either trademarks or registered marks of America’s Best Coins or its licensors. You may not copy, imitate or use them without America’s Best Coins’ prior written consent.
Website Accuracy. We intend to provide accurate and timely information on the America’s Best Coins website. However, the America’s Best Coins website may not always be accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort 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 within the America’s Best Coins Services are your sole responsibility and we shall have no liability for such decisions.
Customer Accounts and Assets. You hereby certify to us that any funds used by you in connection with the America’s Best Coins Services are either owned by you or that you are validly authorized to use such funds. In particular, you acknowledge that America’s Best Coins may not be a qualified custodian under applicable law, and represent that your use of the America’s Best Coins Services is in compliance with any applicable requirements governing the maintenance and use of fiduciary accounts and custodial assets.
Export Controls & Sanctions. America’s Best Coins Services are subject to United States laws and regulations. You represent and warrant that your use will comport with those requirements. Without limiting the foregoing, you may not acquire cryptocurrencies or any of the America’s Best Coins Services if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial sanctions regime; or (2) you intend to supply the acquired cryptocurrency or America’s Best Coins Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.
Updating Information. You understand and agree it is your responsibility to provide us with an e-mail address and any other contact information we request that is true, accurate, and complete. You understand and agree that if America’s Best Coins sends you a communication based upon your contact information, we will have deemed to have provided you the communication regardless of whether or not you received it. Information can be updated by sending an email to firstname.lastname@example.org
In connection with your use of the America’s Best Coins Services, you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable rule, law, regulation, legal process or governmental request.
The following categories of businesses, business practices, and sale items are barred from America’s Best Coins Services (“Prohibited Businesses”):
- Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler’s checks, and escrow services
- Counterfeit products or any product or service that infringes upon the copyright, trademark, or trade secrets of any third party
- Stolen goods
- Narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs
- Sports forecasting or odds making
- Prostitution or illegal escort services
- Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same
- Funding any of the items included on this Prohibited Businesses list
- Extortion, blackmail, or efforts to induce unearned payments
- Unlicensed sale of firearms and certain weapons
- Engaging in deceptive marketing practice
- Any business that violates any law, statute, ordinance or regulation
Termination of Services
America’s Best Coins may, at its sole discretion: (a) suspend, restrict, or terminate your access to any or all of the America’s Best Coins Services if:
- We are so required by a valid subpoena, court order, or order of a government authority;
- We unable to support your use; or
- We have reason to believe that you are circumventing America’s Best Coins controls and regulatory requirements, including, but not limited to, structuring transactions to avoid reporting requirements, or abusing promotions which America’s Best Coins may offer from time to time.
If you chose to terminate your access to America’s Best Coins Services, you will not be charged and will only be required to pay for those America’s Best Coins Services used that are subject to charges. You understand and agree you will remain liable for any America’s Best Coins Services until we have reached a conclusion satisfactory to us.
Definition of our Relationship and Expectations
Relationship of the Parties. America’s Best Coins is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and America’s Best Coins to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or America’s Best Coins to be treated as the agent of the other.
Service Providers. From time to time, America’s Best Coins may engage third parties to assist America’s Best Coins in providing certain aspects of the America’s Best Coins Services (each, a “Service Provider”). Service Providers may include, but are not limited to, America’s Best Coins’ banking partners and technology or engineering service providers.
Privacy of Others; Marketing. In the unlikely scenario that you obtain information about another user through the America’s Best Coins Services, you must keep the information confidential. You may not disclose or distribute a user’s information to a third party unless you receive the user’s express consent to do so.
Password Security and Keeping Your Contact Information Current. You are responsible for maintaining adequate security and control of any IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the America’s Best Coins Services. We assume no responsibility for any loss due to compromise of your sensitive information.
Consent to Electronic Records. By using the America’s Best Coins Services, you agree that America’s Best Coins may provide you with any notices or other communications about America’s Best Coins Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the America’s Best Coins website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Notices to America’s Best Coins. We prefer receiving notices to America’s Best Coins electronically through our support system at email@example.com.
Customer Feedback, Questions, and Complaints
Contact America’s Best Coins. If you have any feedback, questions, or complaints, contact us via our Customer Support email address at firstname.lastname@example.org.
Complaints. If you have a formal complaint, please email email@example.com.
In order to properly address your complaint, the cause of your complaint and any supporting documentation should be included. Also include a statement of how you would like your complaint resolved. You understand and agree that an incomplete complaint will not be considered. Your fully compliant complaint will be acknowledged and reviewed in a timely basis. After the review is complete but no later than 21 days, you will receive an e-mail (the “Resolution Notice”) in which we will either (i) offer to resolve your complaint in the way you requested; (ii) reject your complaint and address the reasons for the rejection; or (iii) offer to resolve your complaint with an alternate method. Upon your receipt of the Resolution Notice, you must accept or reject the offer per the instructions contained in the Resolution Notice. Failure to properly respond will be deemed to be a withdrawal of the complaint.
Appeals. In the event that you reject an offer or determination (“Rejection”), please set out the reasons for the Rejection and include all additional information that you believe is pertinent to your complaint. Any Rejection will be treated as an application to appeal the offer or determination set out in the Resolution Notice. Our Customer Appeals Committee (“Appeals Committee”) will impartially consider your complaint (including any additional information provided). We will acknowledge your Appeal within ten business days. Within four weeks of our receipt of your Rejection the Appeals Committee will address your complaint by sending you an e-mail (“Final Notice”) in which the Appeals Committee will: (i) uphold the Resolution Notice; (ii) reject the Resolution Notice, or (iii) make a new offer to resolve the complaint. Upon receipt of the Final Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Final Notice. Failure to respond to a Final Notice will be deemed to be a withdrawal of the complaint.
Offers. Any offer made in response to a complaint will only become binding on America’s Best Coins if you accept the offer by following the instructions provided by America’s Best Coins within the stated timeframe. You understand and agree that any offer will not constitute any admission by America’s Best Coins of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court against America’s Best Coins regarding the subject matter of the complaint.
Claims. You agree to use the complaints procedure of this Agreement before filing any claim in a competent court. You understand and agree that failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.”
Limitations of Liability. IN NO EVENT SHALL AMERICA’S BEST COINS, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AMERICA’S BEST COINS WEBSITE, THE AMERICA’S BEST COINS SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF THIS SECTION WITH RESPECT TO CONSUMERS, THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.
Release of America’s Best Coins from Disputes with Other Users. If you have a dispute with one or more users of the America’s Best Coins Services, to the extent permitted by law, you release America’s Best Coins, 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. In addition, to the extent permitted by law, in entering into this release you expressly waive any protections, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
No Warranty. THE AMERICA’S BEST COINS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. AMERICA’S BEST COINS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AMERICA’S BEST COINS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE AMERICA’S BEST COINS SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE. OPERATION OF THE AMERICA’S BEST COINS WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE ARE NOT RESPONSIBLE FOR ANY CYRPTOCURRENCY MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF ANY CRYPTOCURRENCY AS DENOMINATED IN ANY QUOTED CURRENCY. ALTHOUGH WE MAY PROVIDE HISTORICAL AND/OR REAL-TIME DATA REGARDING THE PRICE OF CRYPTOCURRENCIES, WE MAKE NO REPRESENTATIONS REGARDING THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF SUCH DATA, AND YOU SHOULD NOT RELY ON SUCH DATA FOR ANY REASON WHATSOEVER. YOU UNDERSTAND AND AGREE THAT THE VALUE OF CRYPTOCURRENCIES CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY HOLDING OR TRADING CRYPTOCURRENCIES, EVEN IF THE AMERICA’S BEST COINS SERVICES ARE DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON. FURTHER, AMERICA’S BEST COINS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF THE AMERICA’S BEST COINS SERVICES OR ANY MATERIALS CONTAINED THEREIN. AMERICA’S BEST COINS WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR BUYS AND SELLS ARE PROCESSED IN A TIMELY MANNER BUT AMERICA’S BEST COINS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE THE AMERICA’S BEST COINS SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL. WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF THIS SECTION WITH RESPECT TO CONSUMERS, THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.
Indemnification. You agree to indemnify and hold America’s Best Coins, its affiliates and Service Providers, and each of 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 (i) your breach of this Agreement, (ii) your use of America’s Best Coins Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.
Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and America’s Best Coins as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind and every nature between and among you and America’s Best Coins.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by America’s Best Coins without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the America’s Best Coins 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. In the event that America’s Best Coins 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.
Severability. If any provision of this Agreement shall be determined to be unenforceable under any rule, law or regulation of any governmental agency, such provision will be 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.
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, debts owed to America’s Best Coins, general use of the America’s Best Coins website, disputes with America’s Best Coins, and general provisions, shall survive the termination or expiration of this Agreement.
Governing Law and Jurisdiction. This Agreement will be governed by Illinois law.
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.
Section Headings. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
You agree to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your use of America’s Best Coins Services. We will provide these Communications to you by either posting them on America’s Best Coins website, emailing them to you at the primary email address, and/or communicating to you via instant chat or other electronic communication such as text message or mobile push notification.
Consumer Protection, Fraud, and Risks
In addition to risks previously stated in this Agreement, please note additional risks per NY 200.19(a):
(1) virtual currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections;
(2) legislative and regulatory changes or actions at the State, Federal, or international level may adversely affect the use, transfer, exchange, and value of virtual currency;
(3) transactions in virtual currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
(4) some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction;
(5) the value of virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that virtual currency disappear;
(6) there is no assurance that a person who accepts a virtual currency as payment today will continue to do so in the future;
(7) the volatility and unpredictability of the price of virtual currency relative to fiat currency may result in significant loss over a short period of time;
(8) the nature of virtual currency may lead to an increased risk of fraud or cyber attack;
(9) the nature of virtual currency means that any technological difficulties experienced by the licensee may prevent the access or use of a customer’s virtual currency; and
(10) any bond or trust account maintained by the licensee for the benefit of its customers may not be sufficient to cover all losses incurred by customers.