By accessing the Site, or using the Services, you consent to be bound by these Terms. If you do not agree to all of the terms and conditions provided in these Terms, do not use the Site or the Services.
Anchor Digital may modify these Terms from time to time in its sole discretion and without notice to you. You understand and agree that your continued use of the Site and/or Services after any changes to the Terms have been made indicates your acceptance of such changes.
DESCRIPTION OF THE SERVICES
The Services include, among other things (a) analytical tools for managing your cryptocurrency and other digital assets and (b) the provision of a portal to access third party cryptocurrency trading websites and platforms (the “Third Party Platforms”). The Services are provided to you on a yearly or monthly subscription basis and are intended to provide you with information concerning your cryptocurrency and other digital assets to allow you to organize and manage your finances.
YOUR USE OF THE SITE AND SERVICES
The Site and Services are for use by individuals who are at least eighteen (18) years old. The Site and Services are offered for use only in accordance with these Terms, and Anchor Digital reserves all rights not expressly granted to you herein. Access to the Services is limited to those who have created a user ID and password in accordance with Section 4.3 below.
Anchor Digital reserves the right from time to time to temporarily or permanently modify or discontinue, and restrict or block the Services and/or access to the Site or any part thereof, without notice. The Site may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Anchor Digital is not responsible for any delays, failure or other damage resulting from such problems. Your sole and exclusive remedy for any failure or non-performance of the Site and/or Services is for Anchor Digital to use commercially reasonable efforts to restore or repair the applicable Site or Service.
In order to access the Services, you will need to register for an account by selecting a user ID and password. In creating your account, you must provide complete and accurate information about yourself, including but not limited to your full name, email address, phone number, date of birth, and other information as required by Anchor Digital. You may not impersonate someone else, create an account for someone else, provide another’s email or create multiple accounts. You are responsible for maintaining the confidentiality of your user ID and password. You are fully responsible for all activities that occur through the use of your user ID and password.
In order to receive the Services, Anchor Digital may need to communicate with you from time to time via email, SMS message, or other means of electronic communication. By providing Anchor Digital with your email address, phone number, and any other information as may be required, you consent to receive all required notices and information. Electronic communications may be posted on the Site and/or delivered to your email address. You are responsible for promptly informing Anchor Digital of any change in your contact information, including your email address.
Subject to your compliance with these Terms, Anchor Digital grants you a limited, non-exclusive, non-transferrable, revocable license to access and use the Site and Services. You may only use the Site and Services in connection with the analysis and management of your own cryptocurrency and digital assets. You acknowledge and agree that you will not reproduce, duplicate, copy, sell or resell the Site, the Services or any content, features, or other material contained on the Site or in the Services.
Anchor Digital retains the right, in its sole discretion, to determine whether your use of the Site or Services is consistent with these Terms. Anchor Digital may suspend, restrict or terminate your use of the Site or Services if we determine that your use of the Site or Services fails to comply with these Terms.
ACCOUNT INFORMATION FROM THIRD PARTY SITES
Before accessing the Services, you consent to provide Anchor Digital with all necessary information (including any data, passwords, usernames, PINs, etc.) to retrieve your own information maintained online in Third Party Platforms (“Third Party Maintained Account Information”). Anchor Digital may work with one or more Third Party Platforms to provide you access to such Third Party Maintained Account Information. You acknowledge and agree that Anchor Digital does not review the Third Party Maintained Account Information for accuracy, legality or non-infringement. Anchor Digital is not responsible for the Third Party Maintained Account Information or products and services offered by or on Third Party Platforms or other third-party sites.
Anchor Digital cannot always foresee or anticipate technical or other difficulties which may result in a failure to obtain data or a loss of data, personalization settings or other service interruptions. Anchor Digital does not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Third Party Maintained Account Information is only as updated as the time shown, which reflects when the information is obtained by Anchor Digital.
RIGHTS YOU GRANT TO ANCHOR DIGITAL
By submitting or providing access to information, data, passwords, usernames, PINs and any other Third Party Maintained Account Information to Anchor Digital (collectively “Provided Content”), you are licensing such Provided Content to Anchor Digital for the purpose of providing the Services. You acknowledge and agree that Anchor Digital may access and use any such Provided Content you provide or make available to us in accordance with these Terms. You represent that you are authorized to submit or provide access to all Provided Content to Anchor Digital for this purpose, without any obligation of Anchor Digital to pay any fees or be subject to any restrictions or limitations, except as provided in these Terms.
By using the Services, you expressly authorize Anchor Digital to access, store, display and make available for your benefit all Provided Content, and you expressly authorize all such Third Party Platforms to disclose Third Party Maintained Account Information to us. You hereby authorize and permit Anchor Digital to use and store Provided Content to provide the Services to you and to configure the Services for compatibility with any Third Party Platforms.
YOU ACKNOWLEDGE AND AGREE THAT WHEN ANCHOR DIGITAL IS ACCESSING, RETRIEVING OR DISPLAYING THIRD PARTY MAINTAINED ACCOUNT INFORMATION FROM THIRD PARTY SITES, ANCHOR DIGITAL IS ACTING ON YOUR BEHALF, AND NOT AS THE AGENT OF OR ON BEHALF OF ANY THIRD PARTY THAT OPERATES THE THIRD PARTY PLATFORM. You understand and agree that the Services are not sponsored or endorsed by any third parties or Third Party Platforms accessible through the Services. Anchor Digital is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate Third Party Maintained Account Information.
You agree that you will only use the Site and Services for the purposes expressly set forth in these Terms. You agree that you will not:
use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site, Services or any portion thereof;
use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or Services, other than the search engines and search agents available through the Site or Services and other than generally available third-party web browsers;
post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site and Services;
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or Services; or
attempt to gain an unauthorized access to any portion of the Site or Services.
As used in these Terms, “Intellectual Property Rights” shall mean all intellectual property rights throughout the world, including copyrights, patents, trademarks, trade secrets, know how, authors’ rights, rights of attribution, and other proprietary rights, and all applications and rights to apply for registration or protection of such rights.
The text, graphics, images, information, content and other materials (“Our Content”) that we make available at the Site or as part of the Services (but excluding the Third Party Maintained Account Information) are protected by copyright under both United States and foreign laws. Ownership of Our Content, including the design, organization, layout, and the look and feel of the Site, remains with Anchor Digital. Any use of Our Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws or Intellectual Property Rights. Content and features of the Site and Services are subject to change or terminate without notice in the sole discretion of Anchor Digital. Our Content may contain inaccuracies or typographical errors.
Anchor Digital owns and retains all right, title and interest, including, without limitation, all Intellectual Property Rights, in and to the Site, Services and all of Our Content. Except as expressly provided in these Terms, you will not, through use of the Site or Services, by virtue of these Terms or otherwise, acquire any rights whatsoever in the Site, Services or Our Content.
USE WITH YOUR MOBILE DEVICE
Anchor Digital provides the Site and Services over the Internet and you may access the Site and Services using compatible mobile devices. You acknowledge and agree that you are solely responsible for ensuring the compatibility of any device you use to access the Site and Services, and that you remain in compliance with any agreement you have entered into with your mobile device and/or telecommunications service provider.
ANCHOR DIGITAL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FOR YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
SOCIAL MEDIA SITES
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE SITE, SERVICES, OUR CONTENT, AND ANY OTHER DATA, FEATURES, CONTENT, OR OTHER INFORMATION THAT ANCHOR DIGITAL PROVIDES TO YOU IN CONNECTION WITH THE SITE AND/OR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. ANCHOR DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, SERVICES, OUR CONTENT OR ANY OTHER DATA, FEATURES, CONTENT OR OTHER INFORMATION PROVIDED TO YOU IN CONNECTION WITH THE SITE AND/OR SERVICES.
ANCHOR DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE THIRD PARTY PLATFORMS, THE THIRD PARTY MAINTAINED ACCOUNT INFORMATION, THE VALUE OF ANY CRYPTOCURRENCY ASSET (OR ANY OTHER SECURITY OR COMMODITY), THE ADVISABILITY OF ANY TRADING ACTIVITY OR TRADING STRATEGY, OR ANY THIRD PARTY SERVICES OR THIRD PARTY CONTENT THAT MAY BE ACCESSIBLE THROUGH THE SITE OR THE SERVICES. ANCHOR DIGITAL HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE THIRD PARTY PLATFORMS, THE THIRD PARTY MAINTAINED ACCOUNT INFORMATION, ANY THIRD PARTY SERVICES, ANY THIRD PARTY CONTENT OR ANY CRYPTOCURRENCY ASSET (OR OTHER SECURITY OR COMMODITY).
ANCHOR DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SERVICES WILL BE PROVIDED TO YOU FREE FROM ANY VIRUSES, MALICIOUS CODE, MALWARE, OR OTHER COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
YOU UNDERSTAND AND AGREE THAT: (A) ANCHOR DIGITAL IS NOT A PLATFORM OR SERVICE ENGAGED IN THE TRADING OF CRYPTOCURRENCY OR ANY OTHER SECURITIES, COMMODITIES OR INVESTMENTS; (B) WE ARE NOT EXECUTING ANY CRYPTOCURRENCY TRADES OR ANY OTHER SECURITIES, COMMODITIES OR INVESTMENT TRADES ON YOUR BEHALF; (C) YOU UNDERSTAND AND ARE CAPABLE OF BEARING THE RISKS ASSOCIATED WITH CRYPTOCURRENCY TRADES AND INVESTMENTS; AND (D) ANCHOR DIGITAL IS NOT RESPONSIBLE OR LIABLE FOR ANY CRYPTOCURRENCY OR TRADING LOSSES THAT YOU MIGHT EXPERIENCE (INCLUDING, BUT NOT LIMITED TO, ANY LOSSES RESULTING FROM YOUR FAILURE TO BE ABLE TO ACCESS OR USE ANY THIRD PARTY PLATFORM THROUGH THE SITE OR THE SERVICES).
NOT A FINANCIAL PLANNER, INVESTMENT ADVISOR, BROKER OR TAX ADVISOR
Neither Anchor Digital nor any of the Services are intended to provide legal, tax or financial advice. Anchor Digital is not a financial planner, investment advisor, broker or tax advisor. The Services are intended only to assist you in managing certain of your own financial assets. You understand and agree that Anchor Digital has no liability for any decisions or actions you make based on the information provided to you in connection with the Site or Services.
LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANCHOR DIGITAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, FOR BODILY INJURY OR HARM AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR SERVICES (INCLUDING THE USE OR INABILITY TO USE THE SITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER PROFESSIONAL SERVICES RELATING TO THE SITE OR SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES).
YOU AGREE THAT IN THE EVENT THAT ANCHOR DIGITAL IS FOUND LIABLE, IN NO CASE SHALL THE LIABILITY OF ANCHOR DIGITAL EXCEED THE FEES PAID FOR THE USE OF THE SITE OR SERVICES TO ANCHOR DIGITAL OR THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS GREATER.
IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
You shall indemnify, defend and hold harmless Anchor Digital, its directors, officers, employees, independent contractors and agents from any and all third party claims, damages, losses, liabilities, costs, and expenses including, without limitation, attorneys’ fees and court costs (collectively, “Losses”) arising out of or in connection with (a) your breach of any certification, covenant, obligation, representation or warranty in these Terms; (b) your use of the Site and Services; (c) your use of the Third Party Platforms or any other third party products or services; and (d) any other activity by you in relation to the Site or your use of the Services.
The laws of the State of South Carolina shall govern the validity, interpretation, construction, and other performance of these Terms, without giving effect to the principles of conflict of laws. You agree and consent to the exclusive jurisdiction and venue for any litigation, proceeding, or other action which may be brought or arise out of or in connection with these Terms shall be a state or federal court located in Charleston County, South Carolina.
These Terms constitute the entire agreement between You and Anchor Digital and supersede any other prior agreements, proposals, communications or advertising, or written, with respect to the Site, Services, and any other subject matter contained in these Terms.
You acknowledge and agree that you may not transfer or assign any of the rights granted to you under these Terms or any of your obligations pursuant hereto.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, in whole or in part, such provision will be narrowly construed so that it becomes legal and enforceable, and the entire Terms will not fail on account thereof and the balance of the Terms will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent.
No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Anchor Digital provided that no waiver of any breach of any provisions of these Terms will constitute a waiver of any prior, concurrent or subsequent breach. Anchor Digital’s failure to insist upon or enforce strict performance of any provision of the Terms or any right shall not be construed as a waiver of any such provision or right.
Any claims by you or any third party relating to the Site or to your use of the Site or Services shall be directed to Anchor Digital. Questions, complaints, or claims related to the Site or Services shall be addressed to:
Anchor Digital, Inc.
2915 Marsh Breeze Lane
Mount Pleasant, SC 29466
Attention: Jason Britton
You should print and retain a copy of these Terms for your records.