Terms of service (for US residents only)


Last updated on April 17, 2019

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE FIXEDFLOAT.COM BY ACCESSING, BROWSING OR USING IN ANY WAY FIXEDFLOAT.COM YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR USE FIXEDFLOAT.COM.

These Terms of Use and any conditions expressly incorporated herein (“Terms”) apply specifically to US residents that would like to access or use any services made available by Fixedfloat.com, using the website https://www.fixedfloat.com (“Website”). Fixedfloat.com is a fully automatic service that allows to exchange digital assets online (“Services”).

Eligibility

Our Services are intended solely for users who are 18 or older. If you are suspected of being younger than 18 years of age, we will require to close your account and will not allow to continue using our Services.

By accessing or using the Website, you represent and warrant that you are a resident of United States of America and will use our Services as described in these Terms. You specifically represent and warrant that you are not: (a) located in, under the control of, or a national or resident of any country to which the United States of America has embargoed goods or services, (b) identified as a “Specially Designated National” or (c) placed on the Commerce Department's Denied Persons List.

You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Website has determined, at its discretion, to prohibit the use of the Services. Our services in the United States of America are not available for residents of the following states: Alabama, Connecticut, Hawaii, Maryland, Nebraska, New York, North Carolina, Oregon, South Carolina, Washington. FixedFloat.com may implement controls to restrict access to the Services from any jurisdiction prohibited pursuant to this.

FixedFloat.com is not responsible for any losses or damages that may arise directly or indirectly from bans or restrictions imposed on digital assets by the US Government, federal agencies or state authorities. You agree that in the course of using our Services and/or interactions with Website you will not violate any law, infringe any copyright or patent of any kind, act in a defamatory or threatening manner, and/or attempt to take any action that may harm our interests directly or indirectly through abuse of our Services or the Website.

If you do not meet these eligibility requirements, do not use our Services.

Description of Services

Our Services consist in providing you the possibility to enter into transactions for the purchase or sale of digital assets available on the Website. The purchase or sale order is submitted by filling in all the fields in the dialogue box and by crediting us with digital assets.

Risk disclosure

We warn you about the risks of digital assets trading. By using the services of Fixedfloat.com you acknowledge and accept any risks associated with the transactions, agree to be bound by the Terms, and acknowledge and accept the following and any other risks.

Exchange rates have exhibited strong volatility, and extreme swings in price may occur at any time, resulting in potential loss of purchasing power. Digital assets trading may not be suitable for all investors. If you have any concerns, please obtain advice from a qualified financial advisor.

Digital assets are not issued or backed by the US Government, or related in any way to US official currency, and have fewer regulatory protections. The value of digital assets is derived from supply and demand in the global marketplace which can rise or fall independently of any government currency.

Any data, prices, news, opinions, researches, analyses and/or any other information contained on the Website is provided as general market commentary and does not constitute an investment advice. Fixedfloat.com will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.

The content on the Website is subject to change at any time without notice and is provided for the sole purpose of assisting you to make independent decisions. Fixedfloat.com does not guarantee the accuracy or timeliness of the information on the Website and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the Website, for any delay in or failure of the transmission or receipt of any instruction or notifications sent through the Website.

Fixedfloat.com informs you that past performance does not guarantee you future success so you need to consider a number of factors to build up a strong investment strategy. Before starting to use our Services, please consider your financial position. Please be rational and do not invest money you cannot afford to lose. You should be aware that no refund or reimbursement is possible, and no private or public insurance company will indemnify you for losses.

Fixedfloat.com is not your broker, agent or advisor and has no fiduciary relationship or obligation to you in connection with any transaction, decisions or activities affected by you using the Services. No communication or information provided to you by Fixedfloat.com is intended as, or shall be considered or construed as, advice.

Taxation

Taxation of digital assets has very limited regulation by IRS. You may be subject to certain tax implications when buying or selling digital assets.

t is your responsibility to determine what taxes apply to the transactions and accounts you utilize as a part of the Services, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Fixedfloat.com is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

You warrant that you are acting legally in accordance with any applicable international, federal, state or local tax laws or regulations.

Anti-money laundering requirements

Fixedfloat.com protects itself from involvement in any activity that facilitates money laundering or other criminal activities by following the FinCEN interpretive guidance for service providers operating in the United States. Fixedfloat.com may crosscheck your personal information against governmental watch lists such as the Specially Designated Nationals and Blocked Persons List (“SDN”) maintained by the Office of Foreign Assets Control (“OFAC”) within the U.S. Department of Treasury, as well as through the utilization of 3rd party identity verification and authentication services. If you or your transaction is flagged as suspicious through our internal controls, Fixedfloat.com will require additional proof of identification and has the right to not permit any transactions until additional and verifiable proof of identity satisfactory to Fixedfloat.com in its sole discretion is received.

Fixedfloat.com may be required to file details of your transactions to FinCEN from time to time. Fixedfloat.com may also be required to provide information to government agencies as required by law to other state or federal agencies.

Refunds

We inform you that due to the nature of digital assets all transactions are final and irrevocable.

Funds traded through the Fixedfloat.com are not eligible for a refund. Once you initiate a transaction with digital asset, we fix the exchange rate and process the transaction, so you cannot cancel it at any time. The transaction may only be offset at Fixedfloat.com current asking price.

In any case, Fixedfloat.com will not be held responsible for your errors, including but is not limited to, errors in entering trade prices, errors in requested withdrawal addresses, errors in deposit transactions.

In exceptional cases, we may consider your refund request and decide at its own discretion. These exceptional cases are limited to serious payment delays, abnormal rate fluctuations or any guilty actions of third parties. Herewith, Fixedfloat.com may ask you to confirm or cancel the transaction if the exchange rate has changed significantly when the abovementioned force majeure took place. Please note that in such cases Fixedfloat.com will deduct all applicable costs and fees related to the refund.

Refund requests must be submitted within 5 working days of completing the original funding. Please submit a ticket to our support staff at the Website. All refund requests will be processed using the same payment method as the original funding.

Intellectual property

We grant you a limited, nonexclusive, nontransferable license, subject to these Terms, to access and use the Website and Services, solely for approved purposes as permitted by Fixedfloat.com. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Fixedfloat.com materials.

If you believe anything on the Website infringes upon any copyright which you own or control, you may file a notification of such infringement. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Governing law and dispute resolution

The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the US federal and state laws, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that Fixedfloat.com may initiate a proceeding related to the enforcement or validity of Fixedfloat.com intellectual property rights in any court having jurisdiction.

All disputes, controversies or claims arising out of or relating to these Terms, will be resolved through confidential binding arbitration held in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You acknowledge and agree that you have read and understand the rules of JAMS or waived your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You agree that any dispute arising out of or related to these Terms or the Services is personal to you and Fixedfloat.com and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You agree that these Terms involve matters affecting interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms.

Changes to the Terms

Fixedfloat.com may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Services, or updating the “Last updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the services, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. Fixedfloat.com encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services.

Final provisions

The invalidity or unenforceability of any provisions of the Terms shall not affect the validity or enforceability of any other provision of the Terms, which shall remain in full force and effect.

Our failure to exercise any right arising out of a violation of the Terms committed by you shall not operate as a waiver. We reserve the right to resort to any remedy at any time to protect its interests and intellectual rights to the protected elements of the Website.