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TERMS AND CONDITIONS

 

AGREEMENT BETWEEN USER AND SAPIEN FINANCIAL LLC. 

Sapien Financial LLC Service(s) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). The VentureCoinist.com website (“the Site”) is comprised of various pages operated by Sapien Financial LLC, including but not limited to Telegram and Discord. By accepting this Agreement, either by accessing or using Service(s), or authorizing or permitting any Agent or End-User to access or use a Service, You agree to be bound by this Agreement. If You are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to this Agreement for that Entity and representing to Sapien Financial LLC that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “Subscriber,” “You,” “Your,” or a related capitalized term herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and may not use any of the Services. VentureCoinist.com provides a subscription service for data aggregation, market analysis, market education, and other related services used to analyze the cryptocurrency sector. You acknowledge that Sapien Financial LLC may modify the features and functionality of the Service(s) offered with full discretion.

ELECTRONIC COMMUNICATIONS

Visiting VentureCoinist.com and Subscribing to Service(s) constitutes electronic communications to Sapien Financial LLC. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically through the Site, Telegram, and Discord, satisfy any legal requirement that such communications be in writing.

 

PAYMENT/REFUND

The Subscription Service(s) Fee (the “Service(s)”) will remain fixed during the Standard Subscription Term lasting one month, unless a Different Subscription Term has been agreed upon, whereby said Service(s) will be fixed for said Different Subscription Term. In order to continue Service(s), payment is due by You no later than one month from the day Service(s) begin, unless Different Subscription Term has been agreed upon, whereby payment is due one month from termination of said Term. Failure to pay for Service(s) by payment date will result in cancellation of said Service(s), effective immediately. For example, if the First month of Service(s) begins January 01, 2017, the Term will end promptly at 12:01am Pacific Standard Time (PST) February 02, 2017, unless payment for the Second Term is received by 11:59pm PST February 01, 2017, by which the Second Month of Service(s) will continue through March 02, 2017 at 12:01am PST. With Your full discretion, You may cancel Service(s) at any time. Under no circumstance(s) will Sapien Financial LLC provide a Refund for any Service(s) or any other fees or any other payments We receive. All payments are final.

TERMINATION/ACCESS RESTRICTION

Sapien Financial LLC reserves the right, in Our reasonable discretion, to suspend Your access to and use of Service at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and You hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sapien Financial LLC as a result of this agreement or use of the Site and/or Service. Sapien Financial LLC performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sapien Financial LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sapien Financial LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sapien Financial LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sapien Financial LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.  

 

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

VentureCoinist.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sapien Financial LLC and We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sapien Financial LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sapien Financial LLC of the site or any association with its operators. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the VentureCoinist.com domain, you hereby acknowledge and consent that Sapien Financial LLC may share such information and data with any third party with whom Sapien Financial LLC has a contractual relationship to provide the requested product, service or functionality on behalf of VentureCoinists.com Users and Customers.

 

CHILDREN UNDER THIRTEEN

Sapien Financial LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use VentureCoinist.com only with permission of a parent or guardian.

 

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use VentureCoinist.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Sapien Financial LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sapien Financial LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Sapien Financial LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sapien Financial LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sapien Financial LLC or our licensors except as expressly authorized by these Terms.

 

INTERNATIONAL USERS

The Service is controlled, operated and administered by Sapien Financial LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sapien Financial LLC Content accessed before, during, and after Service Subscription in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

GOVERNING LAW

This Agreement shall be governed by the laws of the State of Indiana, without reference to conflict of laws principles. Any disputes under this Agreement shall be resolved in a court of general jurisdiction in Indianapolis, Indiana. You hereby expressly agree to submit to the exclusive personal jurisdiction of this jurisdiction for the purpose of resolving any dispute relating to this Agreement or access to or use of the Services by You, Agents or End Users.

 

 

INDEMNIFICATION

You shall fully indemnify, hold harmless and defend Sapien Financial, LLC and its directors, officers, employees, agents, stockholders and affiliates (collectively, “Indemnified Parties”) from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney’s fees and costs), whether or not involving third party claim, which arise out of, relate to or result from Your use of the Site, Subscription, Service, and from (1) any breach of any representation or warranty of Company contained in this Agreement, (2) any breach of any covenant or other obligation or duty of You under this Agreement or under applicable law, (3)(4)(5) [other enumerated categories of claims and losses], in each case whether or not caused by the negligence of Sapien Financial, LLC or any other Indemnified Party and whether or not the relevant Claim has merit. Sapien Financial reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Sapien Financial LLC in asserting any available defenses.

 

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.  

 

CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sapien Financial LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND/OR SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAPIEN FINANCIAL LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.   SAPIEN FINANCIAL LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SAPIEN FINANCIAL LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAPIEN FINANCIAL LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAPIEN FINANCIAL LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THIS IS NOT AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY SECURITIES, OR TO SUBSCRIBE TO SERVICES HERIN. THIS INFORMATION IS NOT INTENDED, NOR SHOULD IT BE DISTRIBUTED, FOR ADVERTISING PURPOSES, NOR IS IT INTENDED FOR PUBLICATION OR BROADCAST TO THE GENERAL PUBLIC. ALL THIRD PARTY ANALYSIS GENERATED BY INDEPENDENT CONSULTANT ORGANIZATION(S), IS FOR ‘RISK EVALUATION’ PURPOSES, AND ‘ATTRIBUTION ANALYSIS’ ONLY, NOT ‘PERFORMANCE AGGRANDIZEMENT’, AND THEIR ANALYSIS DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION.

 

CHANGES TO TERMS

Sapien Financial LLC reserves the right, in its sole discretion, to change the Terms under which VentureCoinist.com is offered. The most current version of the Terms will supersede all previous versions. Sapien Financial LLC encourages you to periodically review the Terms to stay informed of our updates.

 

EFFECTIVE as of October 17, 2017.