1. Acceptance of Terms of Service. These terms of service are entered into by and between You (“you,” or “your”) and Coygo, Inc. (“Coygo”, “Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to, use of https://coygo.co/, including any content, functionality, and services offered or sold on or through https://coygo.co/ (the “Website”), whether as a guest or a registered user.
2. This Website, and the services made available through this Website, are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company, and that you have authority to enter into a binding Contract on behalf of any person or entity on whose behalf you purport to be acting, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or any services offered by or through Coygo.
2. Changes to the Terms of Service. We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
3. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page on a reasonable basis, but no less frequently than once every six months, so you are aware of any changes, as they are binding on you.
3. Website Access and Account Security. We reserve the right to withdraw or amend this Website, and any service or material we provide on or though the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website, or our services, are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
4. You are responsible for:
5. Making all arrangements necessary for you to have access to the Website.
6. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
8. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
9. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
10. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
4. Intellectual Property Rights. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
11. These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
12. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
13. You may store files that are automatically cached by your Web browser for display enhancement purposes.
14. You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further
reproduction, publication, or distribution.
15. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
16. If we provide social media features with certain content, you may take such actions as are enabled by such features.
17. You must not:
18. • Modify copies of any materials from this site.
19.• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
20.• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
21. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website without the express written consent of Coygo.
22. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
5. Trademarks. The Coygo name, the Coygo logo(s), and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6. Copyright Infringement. If you believe that anything displayed on the Website violates your copyright, please immediately notify us as firstname.lastname@example.org. It is the Company’s policy to comply with copyright laws and the Company will terminate the accounts of those who violate the copyrights of others.
7. Prohibited Use. You may use the Website only for lawful purposes and in accordance with these Terms of Service.
71. You agree not to use the Website:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
72. Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
•U se any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
•Otherwise attempt to interfere with the proper working of the Website.
8. User Contributions. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
23. All User Contributions must comply with these Terms of Service
24. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
25. You represent and warrant that:
26. • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their respective licensees, successors, and assigns.
27. • All of your User Contributions do and will comply with these Terms of Service.
28. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
29. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
9. Monitoring and Enforcement. We have the right to:
30. • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
31. • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
32. • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
33. • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
34. • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.
35. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
36. However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section
10. Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
38. • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
39. • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
40. • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
42. • Be likely to deceive any person.
43. • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
44. • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
45. • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
46. • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
47. • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
11. Disclaimer and Non-Reliance. The information presented on or through the Website, or the services offered through the Website, are made available solely for general information purposes. Coygo does not sell, trade, or buy securities, cryptocurrency, or currency for or on behalf of its clients, including you. Likewise, Coygo does not offer financial advice, tax advice, legal advice, investment advice, investment services, or financial broker services. Coygo does not warrant the accuracy, completeness, or usefulness of its information or services. Any reliance you place on such information or services is strictly at your own risk. Cryptocurrencies are risky, unpredictable, are not subject to uniform regulation, and are typically not backed by a government or insurance. Should you choose to invest in cryptocurrencies, never invest more than you can afford to lose. Coygo’s principals invest in various cryptocurrencies in their individual capacities and Coygo may provide information or services pertaining to these same cryptocurrencies.
48. The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Coygo disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
12. Fees; Purchase of Services or Information Through Website. All purchases through the Website for the sale of services or information are subject to your payment of fees, as stated in the course of each individual transaction between you and Coygo. Coygo will provide notice of the fees that are required in connection with each transaction, depending on the services or information you desire to purchase. All fees must be paid in full, in advance. You understand and agree that all fees are non-refundable.
49. Coygo may periodically change the fees it provides for certain services or information but will always provide notice of such changes, if any. All fees are payable in U.S. Dollars. You bear sole responsibility for all taxes arising out of any transactions you make in relation to the Website.
13. Linking to the Coygo Website. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
50. This Website may provide certain social media features that enable you to:
51. • Link from your own or certain third-party websites to certain content on this Website.
52. • Send emails or other communications with certain content, or links to certain content, on this Website.
53. • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
54. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
55. • Establish a link from any website that is not owned by you.
56. • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
57. • Link to any part of the Website other than the homepage.
58. • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
59. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
60. We may disable all or any social media features and any links at any time without notice in our discretion.
61. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
14. Linking from the Coygo Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Geographic Restrictions. The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
62. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, INFORMATION, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
63. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
64. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT, SERVICES, OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, IN AN AMOUNT AN IN EXCESS OF THE TOTAL FEES YOU HAVE PAID TO THE COMPANY IN THE 12 MONTHS PRIOR TO THE FIRST DAMAGE YOU ALLEGED TO HAVE OCCURRED.
65. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation of Remedies. Your remedy, if any, for any breach of these Terms of Service will be solely in damages and you will look solely to Coygo, Inc., and to no individual, for recovery of such damages. You waive and relinquish any right you may otherwise have to obtain injunctive or equitable relief against Coygo or any individual with respect to any dispute arising under these Terms of Service.
19. Indemnification. You agree to defend, indemnify and hold the Company and its affiliates, officers, directors, agents, shareholders and employees harmless from and against any claim, demand, loss, damage or expense, and/or all costs of prosecution or defense of their rights hereunder, whether in judicial proceedings, including appellate proceedings, or whether out of court, including without limiting the generality of the foregoing, attorneys’ fees, and all other costs and expenses of litigation (collectively, “Losses”), arising from or relating to: your negligence, your willful misconduct, or your breach of any representation or obligation contained in these Terms of Service, and/or any and all conduct by you that gives rise to any claim against the Company for any civil or criminal liability and/or damages including, without limitation, claims based on your use of the Website, linking to the Website, or your posting of User Contributions on the Website, regardless of whether or not the Company actively or passively contributed to such. As to this section, your obligations hereunder shall arise upon notice of any claim against the Company and the Company shall have sole and exclusive right to select counsel of the Company’s choice to defend any claim at your expense. Your obligations under this section shall survive the expiration of these Terms of Service (if any).
20. Governing Law. These Terms of Service and any dispute arising there from will be governed by and construed in accordance with the laws of the State of California, without respect to its rules on the conflict of laws.
21. Mediation and Arbitration. The Parties agree that any controversy or claim arising out of or relating to these Terms of Service or the Parties’ dealings shall first be mediated by an experienced mediator in San Diego County to be chosen by mutual agreement of you and Coygo, with the costs of mediation to be split equally. If you and Coygo cannot agree on a mediator, then a Judge of the Superior Court for the County of San Diego shall appoint a mediator. If either you or Coygo refuses to participate in mediation, or unreasonably delay participating in mediation, then the party who refuses to participate shall not be entitled to recover attorneys’ fees in any subsequent proceeding.
66. If mediation does not resolve the dispute, then the matter shall be submitted to binding arbitration pursuant to the laws of the State of California before an experienced arbitrator chosen by mutual agreement of you and Coygo. If you and Coygo cannot agree on an arbitrator, then a Judge of the Superior Court for the County of San Diego shall appoint an arbitrator. The arbitration will take place in or near San Diego, CA, or be held telephonically if you and Coygo and the arbitrator agree. Judgment upon the award rendered may be entered and enforced in any court of competent jurisdiction. The decision of the arbitrator shall be final and binding upon the Parties both as to law and fact, and shall not be appealable to any court in any jurisdiction. The prevailing Party at arbitration shall recover their attorneys’ fees and costs arising out of the dispute from the other Party. You and Coygo expressly agree to waive trial by jury of any disputes covered by this agreement to arbitrate.
67. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PARTIES DEALINGS HERETO.
22. Assignment. Coygo may assign its duties or obligations under these Terms of Service, or under the terms of any transaction between you and Coygo, without your consent.
23. Waiver. A party’s failure to exercise or delay in exercising any right, power or privilege under these Terms of Service will not operate as a waiver; nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise any right.
24. Severability. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
25. Entire Agreement; Modification in Writing. These Terms of Service supersede any and all agreements, either oral or written, between you and Coygo with respect to the rendering of services or providing of information by Coygo to you and contains all of the representations, covenants, and agreements between you and Coygo with respect to the rendering of those services or the providing of such information. Any modification of these Terms of Service will be effective only if it is in a writing.