Ultra.Exchange Website Terms and Conditions
Welcome to the Ultra.Exchange1 website (the “Website”). Please review the following basic rules that govern the use of our Website (these “Terms and Conditions”). Please note that your use of our Website constitutes your agreement to follow and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Website. Although you may “bookmark” a particular portion of this Website and thereby bypass these Terms and Conditions, your use of any portion of this Website still binds you to the Terms and Conditions. Since Ultra.Exchange may revise these Terms and Conditions at any time without notice, you should visit this page periodically to review the terms of your use. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website. In addition, certain other Ultra.Exchange services, programs, and promotions may be subject to separate and additional policies or terms which may be revised or updated from time to time.
2. Copyrights and Trademarks
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Ultra.Exchange, one of its affiliates or by third parties who have licensed their materials to Ultra.Exchange and is protected by Bermuda and international copyright laws. The compilation (including the collection, arrangement, and assembly) of the Contents is the exclusive property of Ultra.Exchange and is also protected by Bermuda and international copyright laws.
3. Use of this Website
You certify that you understand and agree to pay all applicable fees when due.
You understand that if an exception to any of the provisions of any of these Terms and Conditions has been granted by Ultra.Exchange, such exception shall, during the time it is in effect, supersede any conflicting provision of these Terms and Conditions.
You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.
All software used on this Website is the property of Ultra.Exchange or its suppliers and protected by Bermuda and international copyright laws.
You agree not to engage in any of the following:
- • 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 Website or any portion of the Website, without Ultra.Exchange’s express written consent, which may be withheld in Ultra.Exchange’s sole discretion.
- • 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 Website, other than the search engines and search agents available through the Website and other than generally available third-party web browsers (such as Microsoft Explorer).
- • 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 Website.
- • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website.
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Website may be subject to prosecution.
User Comments and Ideas
Ultra.Exchange does not claim ownership of any comments, feedback, or reviews submitted or offered by you on or through this Website (“Comments”). By making any Comment, you agree that such Comment is non-confidential, non-proprietary, and may be disseminated or used by Ultra.Exchange. If you make a Comment, you automatically grant—or warrant that the owner of such content has expressly granted—Ultra.Exchange a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Comments in any media or medium, or any form, format, or forum now known or hereafter developed. For this reason, we ask that you not send us any Comment that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Notwithstanding the foregoing, Ultra.Exchange is not required to use any Comment.
You agree that you will not make any Comment that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (i) make any Comment that is an advertisement or solicitation of business; (ii) disrupt the normal flow of dialogue or make a Comment unrelated to the topic being discussed (unless it is clear the discussion is free-form); (iii) post a chain letter or pyramid scheme; (iv) impersonate another person; (v) distribute viruses or other harmful computer code; (vi) harvest or otherwise collects information about others, including email addresses, without their consent; (vii) post the same note more than once or “spamming”; or (viii) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the judgment of Ultra.Exchange, exposes Ultra.Exchange or any of its licensors, partners, or customers to any liability or detriment of any type.
You are solely responsible for any Comments you may, the consequences of making a Comment, and your reliance on any Comments. Ultra.Exchange is not responsible for the consequences of any Comment. Ultra.Exchange is not responsible for screening or monitoring Comments made to this Website by users.
Ultra.Exchange reserves the right (but is not obligated) to: (i) record any Comment you make on the Website; (ii) investigate an allegation that a Comment does not comply with these Terms and Conditions and determine in its sole discretion to remove or request the removal of the Comment; (iii) remove Comments which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms and Conditions; (iv) terminate a user’s access to any or all parts of the Website upon any breach of these Terms and Conditions or the law; and (v) monitor, edit, or disclose any Comment, regardless of whether such Comment violates these Terms and Conditions. Ultra.Exchange will have no liability or responsibility to users for performance or nonperformance of such activities.
Ultra.Exchange policy is to not accept or review unsolicited ideas from persons outside Ultra.Exchange. Notwithstanding this policy, any ideas, know-how, or concepts that are submitted or offered through the Website shall be and remain the exclusive property of Ultra.Exchange and shall be treated as non-confidential information. Ultra.Exchange will be entitled to use and disclose any ideas, know-how, or concepts you submit for any purpose whatsoever, without restriction and without compensating you or any other party in any way.
Further, the Website contains commentary and links to certain articles only as a convenience. Linked articles have been written by third parties not affiliated with Ultra.Exchange. No information contained in these articles has been endorsed or approved by Ultra.Exchange, and Ultra.Exchange is not responsible for the content. No information accessed through these articles constitutes a recommendation by Ultra.Exchange to buy, sell or hold any cryptocurrency, financial product or other instrument discussed therein. This information neither is, nor should be construed, as an offer, or a solicitation of an offer, to buy or sell cryptocurrency by Ultra.Exchange. You shall be fully responsible for any investment decisions you make, and such decisions will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance and liquidity needs.
Clicking on certain links within the Website or certain other websites that are linked to the Website may take you to other websites, or may display information on your computer screen from other websites, which may not be maintained by Ultra.Exchange. Such websites may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Website. Links to other internet services and websites are provided solely for the convenience of users. A link to any service or website is not an endorsement of any kind of the service or website, its content, or its sponsoring organization.
Ultra.Exchange assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in a website, to which the website is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by Ultra.Exchange. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.
You agree to hold harmless and indemnify Ultra.Exchange and its affiliates (and their respective officers, directors, employees, managers, agents and securityholders) against any and all claims and losses, including but not limited to costs and reasonable attorneys’ fees, resulting from, suffered, or incurred as a result of any third party’s claim or litigation relating to your use of Ultra.Exchange, the infringement of any trade/service mark, trade name, or other intellectual property right related to or arising out of Ultra.Exchange’s use of your trading symbol, corporate logos, website address, trade names, and trade/service marks.
Past performance is not a guarantee of future success, and volatility means that returns in any period may be far above or below those of a previous period. Your investment results may materially differ from those of others [or as indicated by our investment tools and projections]. Your investments may lose value and diversification does not ensure profit or protect against loss in declining markets. Ultra.Exchange is unable to predict or forecast fluctuations or other uncertainties that may affect the value of any investment. You must carefully consider the appropriateness of your proposed investments in light of your own personal financial circumstances, including cash flow needs, tax circumstances, or other complex or subjective concerns. You are urged to use all available resources to educate yourself about investing in general, as well as the investments and the overall composition of your account on this Website. Additionally, conditions and your personal financial circumstances may change – perhaps suddenly or maybe gradually overtime. Monitoring and adjusting your investments on this Website is your responsibility, and it is recommended that you reassess any investing program on a regular basis to ensure that it remains consistent with your current financial resources and investment objectives.
Your participation in the Website may subject you to withholding taxes and reporting at retail value. Taxes are your responsibility.
THIS SITE IS PROVIDED BY ULTRA.EXCHANGE ON AN “AS IS” BASIS. ULTRA.EXCHANGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ULTRA.EXCHANGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Dispute Resolutions
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF ULTRA.EXCHANGE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes and International Dispute Resolution Procedures. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
We each expressly agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, regardless of whether the procedures or rules of AAA would allow such an action. We each expressly waive our rights to file or participate in a class action or seek relief on a class or representative basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
8. LIMITATION OF LIABILITY
In no event will Ultra.Exchange be liable for any trading losses, loss of profits, indirect, special, punitive, consequential, or incidental loss or damage, even if Ultra.Exchange has been advised of the possibility of such damages. If Ultra.Exchange is, for any reason, held liable for any of the above, the liability of Ultra.Exchange is limited to the amount paid by you for goods or services provided by Ultra.Exchange during the twelve (12) months preceding the accrual of the claim.
Notwithstanding the foregoing, Ultra.Exchange shall not be relieved from liability for damages that result from Ultra.Exchange’s gross negligence or willful tortious misconduct, or from personal injury or wrongful death claims.
For goods and services provided under a separate written agreement, the limitation of liability provisions in that agreement shall govern any claims relating to or arising from the provision of those goods and services.
Under no circumstances shall Ultra.Exchange have any liability for any third party’s goods and/or services.
We each expressly agree that these terms reflect a reasonable allocation of risk and limitation of liability.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by Ultra.Exchange. These Terms and Conditions shall be deemed to have been made in the United States, in Bermuda and shall be construed and enforced in accordance with the laws of Bermuda, without reference to principles of conflicts of laws.
[Ultra.Exchange regularly trades for its own account in the same cryptocurrency offerings on the Website.]
Ultra.Exchange makes no assurance that services on the Website will continue without interruption in all circumstances.