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Last Updated and Effective Date: September 11, 2024
These terms and conditions in this agreement (the “Terms of Service” or “Terms”) between you (“User,” or “Client”) and ., doing business as America Digital Inc DBA ‘America Bitcoin’ (“America Digital Inc DBA ‘America Bitcoin’”) govern your use of the America Digital Inc DBA ‘America Bitcoin’ website, hosted at www.americabitcoinatm.com (the “Site”), any America Digital Inc DBA ‘America Bitcoin’ Kiosk (the “Kiosks” and each a “Kiosk”), or the America Digital Inc DBA ‘America Bitcoin’ wallet application (the “Wallet App”, and collectively with the Site and Kiosks, the “Services”). Your submission of information, including personal information, through or in connection with the Services is governed by the terms of our Privacy Policy as updated from time to time, available at https://www.americabitcoinatm.com/legal/privacy (“Privacy Policy”). Each time you wish to use a Kiosk or the Wallet App to initiate a transaction, you will need to accept these Terms of Service and the Privacy Policy by clicking to accept. When you accept the Privacy Policy, and any updates thereto, you consent to us collecting, accessing, using, processing, disclosing, and retaining any personal information you provide to us so we may provide the Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws, and regulations. These Terms of Service contain a section entitled Arbitration; Waiver of Class Action that requires the use of arbitration (Section 11) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. Some jurisdictions do not allow mandatory arbitration, prohibitions against class actions or governing law and forums other than where the individual consumer is located. If you are located in one of these jurisdictions, the Arbitration; Waiver of Class Action section may not apply to you and you may have additional rights.
Disclosure of Material Risks of the Services
1.1. The Site. The Site and any products and the Services referenced on the Site are delivered subject to these Terms of Service. You acknowledge that the Site is the property of America Digital Inc DBA ‘America Bitcoin’ and its licensors. In using any aspect of the Site, you hereby agree to be bound by these Terms of Service. The Site is for information purposes and describes the services available to you using the Kiosks and the Wallet App. While the Site describes those services and provides other information related to America Digital Inc DBA ‘America Bitcoin’, the services available through the Kiosk and the Wallet App are not accessible through the Site.
1.2. Referrals to Purchase Digital Currency Online – Simplex. America Digital Inc DBA ‘America Bitcoin’ may provide a referral service via the Site through which users may receive a quote to purchase digital currency online utilizing a credit and/or debit card. Online purchases of digital currency may be provided by third party services; America Digital Inc DBA ‘America Bitcoin’ does not execute or process such purchases, but instead directs the user to the Simplex website, hosted at https://www.simplex.com/ (the “Simplex Site”), where the user may ultimately purchase the supported digital currency of their choice (collectively with the Simplex Site, the “Simplex Services”). Use of the Simplex Services are governed by Simplex’s terms of use and privacy policy. America Digital Inc DBA ‘America Bitcoin’ may receive compensation as a result of its referral of users to Simplex.
1.3. Referrals to Purchase Digital Currency Online – Wyre. America Digital Inc DBA ‘America Bitcoin’ may provide a referral service via the Site through which allows users to purchase digital currency online utilizing a credit and/or debit card or via ACH. Online purchases of digital currency may be provided by Wyre Payments, Inc. (“Wyre”); America Digital Inc DBA ‘America Bitcoin’ does not execute or process such purchases, but instead directs the user to the Wyre website, hosted at https://www.sendwyre.com/(the “Wyre Site”), where the user may ultimately purchase the supported digital currency of their choice (collectively with the Wyre Site, the “Wyre Services”). By using our services, you agree to Wyre Payments, Inc. User Agreement and Privacy Policy.
1.4. The Kiosks. America Digital Inc DBA ‘America Bitcoin’ operates Kiosks within the United States. Kiosks are digital currency machines that allow users to buy supported digital currencies with fiat currency or to sell supported digital currencies for fiat currency. See Section 3 below for more information regarding transactions using the Services.
1.5. The Wallet App. The Wallet App is a mobile application that may be an integral part of the America Digital Inc DBA ‘America Bitcoin’ ecosystem. The Wallet App is a non-custodial service that allows users to hold and transact in digital currencies. In addition, users may initiate a sell transaction to be completed at a Kiosk, purchase digital currency utilizing a credit and/or debit card via Simplex Services and/or Wyre Services, transfer digital currency held in the Wallet App to other Wallets, receive transfers of digital currency from other Wallets, and view digital currency balances. Users control their Wallet App using private keys and America Digital Inc DBA ‘America Bitcoin’ will never control or have access to those private keys. Accordingly, it is critical that users maintain private keys in a safe place to ensure access to the Wallet App and to prevent others from using the private keys to access the Wallet App without authorization.
1.6. Limited License. America Digital Inc DBA ‘America Bitcoin’ grants you a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Services. America Digital Inc DBA ‘America Bitcoin’ grants the right to use its Services solely for approved purposes as permitted by these Terms and America Digital Inc DBA ‘America Bitcoin’ from time to time. Any other use of these Services is expressly prohibited and all other rights, title, and interest in or arising out of these Services is exclusively the property of America Digital Inc DBA ‘America Bitcoin’ and its licensors. You agree that 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 Services, in whole or in part. All logos related to America Digital Inc DBA ‘America Bitcoin’, its affiliates and its licensors or displayed on the Kiosk are either trademarks, registered marks, or associated with America Digital Inc DBA ‘America Bitcoin’, such affiliates, or its licensors. You agree not to copy, imitate or use them without America Digital Inc DBA ‘America Bitcoin’’s prior written consent.
2.1. Eligibility. To be eligible to use America Digital Inc DBA ‘America Bitcoin’’s Services you must be at least 18 years old.
2.2. Identity Verification. In order to use certain features of the America Digital Inc DBA ‘America Bitcoin’ Services, including certain transfers of both digital currency and fiat currency, you may be required to provide America Digital Inc DBA ‘America Bitcoin’ with certain personal information; including, but not limited to: your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, and government identification number. America Digital Inc DBA ‘America Bitcoin’ may also require you to answer certain questions or take actions in order to verify your identity, provide the America Digital Inc DBA ‘America Bitcoin’ Services to you, or comply with applicable law. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update America Digital Inc DBA ‘America Bitcoin’ if any information changes. You hereby authorize America Digital Inc DBA ‘America Bitcoin’ to, directly or through third parties, make reasonably necessary inquiries to verify your identity and/or to protect against fraud or other illegal activity and to take actions we deem necessary based on the results of such inquiries. You further authorize any and all third parties to which such inquiries may be directed to fully respond to such inquiries.
2.3. Consent to Collection of Photograpah. When you utilize a America Digital Inc DBA ‘America Bitcoin’ kiosk, you are required to provide your government issued identification and an unobstructed photograph (selfie) of yourself for verification purposes. Following the initial identity verification, each time a transaction is conducted at a America Digital Inc DBA ‘America Bitcoin’ kiosk, a photograph of you is captured and stored by America Digital Inc DBA ‘America Bitcoin’. Your photograph will not be disclosed by America Digital Inc DBA ‘America Bitcoin’ without your consent unless the disclosure is required by law or by subpoena; or when we believe that the disclosure is necessary to report suspected illegal activity. By agreeing to America Digital Inc DBA ‘America Bitcoin’’s Terms of Service, you agree to America Digital Inc DBA ‘America Bitcoin’’s collection, use, and storage of your photograph for the above-described purpose. America Digital Inc DBA ‘America Bitcoin’’s collection, use, and storage of photographs are further governed by America Digital Inc DBA ‘America Bitcoin’’s PrivacyPolicy.
2.4. Account Information. You hereby authorize America Digital Inc DBA ‘America Bitcoin’ to store your account information. You also authorize America Digital Inc DBA ‘America Bitcoin’ to use your account information to help protect against fraud and other illicit activity.
2.5. Account Limits. America Digital Inc DBA ‘America Bitcoin’ reserves the right, at any time and without prior notice, to modify the daily, weekly and/or monthly limit(s) allowed to be transacted by the client.
2.6. Termination or Suspension of Account. America Digital Inc DBA ‘America Bitcoin’ may terminate or suspend your access to its Services at any time, without prior notice, for any reason whatsoever, including without limitation, if you breach the Terms or circumvent America Digital Inc DBA ‘America Bitcoin’’s controls. All provisions of the Terms shall survive termination, including, without limitation, ownership provision, warranty disclaimers, indemnity, mandatory binding arbitration, and limitation of liability.
2.7. Authorized Users. Only you may use your America Digital Inc DBA ‘America Bitcoin’ account. You must keep your account information, including your private keys, confidential and not authorize any third party to access or use the Service on your behalf. America Digital Inc DBA ‘America Bitcoin’ services are intended for personal use only. You must contact America Digital Inc DBA ‘America Bitcoin’ immediately if you suspect misuse of your account or any security breach in the Services.
2.8. Your Privacy. Protecting your privacy is very important to America Digital Inc DBA ‘America Bitcoin’. Please review America Digital Inc DBA ‘America Bitcoin’’s Privacy Policy (https://www.americabitcoinatm.com/legal/privacy) which is hereby incorporated by reference into this Agreement, in order to better understand America Digital Inc DBA ‘America Bitcoin’’s commitment to maintaining your privacy, as well as America Digital Inc DBA ‘America Bitcoin’’s use and disclosure of your information.
2.9. Personal Data. You acknowledge that we may process personal data in relation to you, and personal data that you have provided or in the future provide to us in connection with this Agreement or the America Digital Inc DBA ‘America Bitcoin’ Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, which is available here: https://www.americabitcoinatm.com/legal/privacy; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us. All personal data, including biometric data (photographs), will be collected and processed in compliance with applicable data protection laws, such as the General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), where applicable.
2.10. Security Breach. f you suspect that your America Digital Inc DBA ‘America Bitcoin’ Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or America Digital Inc DBA ‘America Bitcoin’ (together a “Security Breach”), you must notify America Digital Inc DBA ‘America Bitcoin’ Support as soon as possible and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that America Digital Inc DBA ‘America Bitcoin’ reasonably requires to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in America Digital Inc DBA ‘America Bitcoin’’s determination of the appropriate resolution of the matter.
2.11. Password Security and Keeping Your Contact Information Current. You are responsible for maintaining adequate security and control of any IDs, passwords, hints, personal identification numbers (“PINs”), API keys or any other codes that you use to access the America Digital Inc DBA ‘America Bitcoin’ Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your America Digital Inc DBA ‘America Bitcoin’ Account and the loss or theft of any digital currency and/or funds held in your America Digital Inc DBA ‘America Bitcoin’ Account and any associated accounts or wallets. You are responsible for keeping your email address and telephone number up to date in order to receive any notices or alerts that America Digital Inc DBA ‘America Bitcoin’ may send you. America Digital Inc DBA ‘America Bitcoin’ assumes no responsibility for any loss due to compromise of your sensitive information or failure to follow or act on any notices or alerts that America Digital Inc DBA ‘America Bitcoin’ may send to you. In the event you believe your America Digital Inc DBA ‘America Bitcoin’ Account information has been compromised, contact America Digital Inc DBA ‘America Bitcoin’ Support immediately.
3.1. Transactions with America Digital Inc DBA ‘America Bitcoin’. When buying or selling digital currency using the Services, you are buying from, or selling to, America Digital Inc DBA ‘America Bitcoin’ directly. America Digital Inc DBA ‘America Bitcoin’ does not act as an intermediary or marketplace between other buyers and sellers of digital currency. America Digital Inc DBA ‘America Bitcoin’ services are intended for personal use only. Using an online digital wallet that is not your own is in direct violation of the Terms of Service. The Services are subject to the America Digital Inc DBA ‘America Bitcoin’ “ConversionRate.” Conversion Rate means the liquidity adjusted price of a given digital currency amount in terms of U.S. Dollars (“USD”) as quoted to you on the Kiosk or the Wallet App at the time you begin a transaction. The Conversion Rate is set by America Digital Inc DBA ‘America Bitcoin’ in its sole and absolute discretion. The Conversion Rate is stated either as a buy price, the price in terms of USD at which you purchase digital currency from America Digital Inc DBA ‘America Bitcoin’, or as a sell price, the price in terms of USD at which you sell digital currency to America Digital Inc DBA ‘America Bitcoin’. For the purpose of any transaction which incorporates the Conversion Rate, you agree, as a condition of using any America Digital Inc DBA ‘America Bitcoin’ Services, to accept the Conversion Rate as the sole conversion metric.
3.2. Buying Digital Currency. Once the identity verification process is successfully completed, you may purchase digital currency using the Services, subject to any applicable limits. To buy digital currency, you will scan the address for your desired digital currency wallet for holding digital currencies (“Wallet”) at the Kiosk. You will then insert the desired amount of USD into the Kiosk. The appropriate amount of digital currency, minus any fees, will be sent to the scanned Wallet address. You should verify all transaction information prior to submitting the information to America Digital Inc DBA ‘America Bitcoin’. By initiating a purchase, you attest that you are transacting in a digital currency which conforms to the particular Wallet into which funds are directed. For example, if you select an Ethereum wallet address to receive funds, you attest that you are initiating a purchase of Ethereum or another digital currency compatible with an Ethereum wallet, and not any other currency such as Bitcoin or Ethereum Classic. America Digital Inc DBA ‘America Bitcoin’ incurs no obligation whatsoever with regard to unsupported digital currency sent to a America Digital Inc DBA ‘America Bitcoin’ Account or supported digital currency sent to an incompatible Wallet. Erroneously transmitted digital currency will be lost.
3.3. Transactional Delays. Transaction delays may arise from digital currency inventory availability and may prolong fulfillment until subsequent banking days.
3.4. Selling Digital Currency. Once the identity verification process is successfully completed, you may sell digital currency using the Services, subject to any applicable limits. To sell digital currency, you will be prompted to send the appropriate amount of digital currency to the address provided on the Kiosk screen. Once America Digital Inc DBA ‘America Bitcoin’ confirms receipt of the digital currency, you will be able to withdraw the appropriate amount of USD, minus any fees, at the Kiosk.
3.5. You may use the Wallet App to initiate a sale of digital currency. To do so, you must select a Kiosk location in the Wallet App and choose “quick cash” and the amount of fiat currency you wish to receive at the Kiosk. The Wallet App will display the sale transaction details, including the applicable Conversion Rate, which you must accept in order to send digital currency to the blockchain address associated with the Kiosk you have selected and for the transaction to be processed. You may reserve sale proceeds for up to 48 hours. The sale proceeds will be available at the selected Kiosk and will be dispensed pending confirmation of your identity.
3.6. Transfers of Digital Currency. You may use the Wallet App to send and receive digital currency to/from other Wallets. To transfer digital currency to another Wallet using the Wallet App, you must select the digital currency to be transferred and select the send option. You will then be prompted to enter the recipient’s Wallet address and the amount of digital currency you send. You then initiate the transaction. By initiating a transfer to another Wallet, you attest that you are transacting in a digital currency that is supported by the recipient’s Wallet. For example, if the recipient Wallet is an Ethereum wallet, you attest that you are initiating a transfer of Ether or another digital currency compatible with an Ethereum wallet, and not any other currency such as Bitcoin or Ethereum Classic. America Digital Inc DBA ‘America Bitcoin’ incurs no obligation whatsoever with regard to digital currency transferred to an incompatible Wallet. Erroneously transferred digital currency will be lost.
3.7. You may use the Wallet App to receive transfers of digital currency from other Wallets. To facilitate the receipt of such transfers, you may create a QR code to provide to the transferee. The transferee can scan that QR code to obtain your Wallet address and initiate the transfer. By providing a QR code to facilitate receipt of a transfer from another Wallet, you attest that you are transacting in a digital currency that is supported by Wallet address provided using the QR code. For example, if the Wallet address provided is an Ethereum wallet, you attest that you are intending to receive a transfer of Ether or another digital currency compatible with an Ethereum wallet, and not any other currency such as Bitcoin or Ethereum Classic. America Digital Inc DBA ‘America Bitcoin’ incurs no obligation whatsoever with regard to digital currency transferred to an incompatible Wallet. Erroneously transferred digital currency will be lost.
3.8. Right to Cancel or Refuse Transaction. Prior to the completion of any transaction, America Digital Inc DBA ‘America Bitcoin’ reserves the right to refuse or cancel any proposed purchases or sales of digital currencies or transfers to or from your Wallet(s) in America Digital Inc DBA ‘America Bitcoin’’s sole discretion, including but not limited to instances where America Digital Inc DBA ‘America Bitcoin’ suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime, in response to a subpoena, court order, or other government order, or if America Digital Inc DBA ‘America Bitcoin’ suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. America Digital Inc DBA ‘America Bitcoin’ will cancel the transaction before execution and America Digital Inc DBA ‘America Bitcoin’ is under no obligation to allow you to reinitiate a purchase or sale order at the same price or on the same terms as the canceled transaction. This paragraph does not apply to completed transactions.
3.9. Value Adjustments. The value requested by the account holder may require an adjustment to account for limited monetary values. The adjusted value is calculated by rounding down, whenever possible, to the nearest U.S. Dollar denomination. In this case, the account holder will be provided with two choices demonstrated on the Kiosk screen. The account holder can agree to adjust the valued amount or not proceed with completing the transaction which will result in a refund.
3.10. Pending Review. In an effort to provide quality service to our clients, we may at times hold transactions for review. The client must contact America Digital Inc DBA ‘America Bitcoin’ Support to verify certain details regarding the transaction and/or verify the correct identity of the client. The transaction may be held in some situations if America Digital Inc DBA ‘America Bitcoin’ has reasonable suspicion of illicit activity and/or behavior while using the Service.
3.11. Operation of digital currency Protocols. America Digital Inc DBA ‘America Bitcoin’ does not own or control the underlying software protocols which govern the operation of digital currency connected with the Services. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. America Digital Inc DBA ‘America Bitcoin’ assumes no responsibility for the operation of the underlying protocols and America Digital Inc DBA ‘America Bitcoin’ is not able to guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of the digital currency you store in your Wallet. America Digital Inc DBA ‘America Bitcoin’ does not control the timing and features of these material operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by America Digital Inc DBA ‘America Bitcoin’ in determining whether to continue to use the Services for the affected digital currency. In the event of any such operational change, America Digital Inc DBA ‘America Bitcoin’ reserves the right to takes such steps as may be necessary to protect the security and safety of assets held on the America Digital Inc DBA ‘America Bitcoin’ platform, including temporarily suspending operations for the involved digital currency(ies), and other necessary steps; America Digital Inc DBA ‘America Bitcoin’ will use its commercially reasonable efforts to provide you with notice of its response to any material operating change; however, such changes are outside of America Digital Inc DBA ‘America Bitcoin’’s control and may occur without notice to America Digital Inc DBA ‘America Bitcoin’. America Digital Inc DBA ‘America Bitcoin’’s response to any material operating change is subject to its sole discretion and includes deciding not to support any new digital currency, fork, or other actions. You acknowledge and accept the risks of operating changes to digital currency protocols and agree that America Digital Inc DBA ‘America Bitcoin’ is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that America Digital Inc DBA ‘America Bitcoin’ has sole discretion to determine its response to any operating change and that America Digital Inc DBA ‘America Bitcoin’ has no responsibility to assist you with unsupported currencies or protocols.
3.12. Fees & Exchange Price. America Digital Inc DBA ‘America Bitcoin’ Services allows clients to convert USD to digital currency and vice versa. A service fee shall be applied to all exchange transactions and such fee will be communicated to the Customer prior to confirmation of the transaction. The transaction value and service fees are calculated/quoted in “USD” for U.S. Dollar transactions and may be calculated/quoted in USD equivalents for transactions in all other currencies, or in the currency of the transaction. The service fee will be a flat fee of zero to ten dollars ($1.00 to $10.00) and America Bitcoin shall charge a spread between one percent (1%) and forty percent (40%) of the total transaction amount calculated in USD depending upon location. The spread refers to the difference between the cash inserted into the kiosk and the current market value of Bitcoin received, excluding any flat fee, which may be significantly greater than other available options for converting fiat currency to Digital Currency. The price at which America Digital Inc DBA ‘America Bitcoin’ buys and sells Digital currency will be provided to you on the America Digital Inc DBA ‘America Bitcoin’ Kiosk screen. Miner Fees. To speed up the confirmation time, America Digital Inc DBA ‘America Bitcoin’ recommends when selling BTC that you attach a larger miner fee to the transaction. Any miner fees that are attached will be your sole responsibility and will be paid by you. Please be advised that if a refund is requested, you understand and agree that any miner fees paid will be subtracted from the total refund amount.
3.13. Refund Processing Fee. America Digital Inc DBA ‘America Bitcoin’ charges a 10% fee for refunds processed via ACH or check. For refunds paid out in digital currency, machine rates will apply. Please see the Refunds section below for more information.
3.14. Taxes. You are solely responsible for determining the tax implications and tax reporting requirements associated with transactions you engage in involving digital assets using the Services, and for paying any applicable taxes in each applicable jurisdiction. America Digital Inc DBA ‘America Bitcoin’ is not responsible for determining whether there are tax implications in connection with transactions involving digital assets using the Services, for reporting any such transactions, or for paying any applicable taxes.
3.15. Refunds. America Digital Inc DBA ‘America Bitcoin’ reserves the right to scrutinize any and all transactions its clients facilitate with America Digital Inc DBA ‘America Bitcoin’. If a transaction is interrupted or canceled before it is completed, the client may request a refund. A refund request may be granted at the sole and absolute discretion of America Digital Inc DBA ‘America Bitcoin’. In the event that a transaction is canceled prior to completion and a client has already delivered USD or digital currency to America Digital Inc DBA ‘America Bitcoin’, for the purposes of a refund (whether partial or full), the value of the transaction will be set at the Conversion Rate in USD regardless of whether the canceled transaction was a purchase or sale of digital currency. The amount of funds to be returned to a client, if any, shall be calculated by taking the value of the transaction and reducing the same by the amount of applicable unclaimed property fees and/or liquidated damages (the “Refund Amount”). For canceled purchases of digital currency, the Refund Amount shall be remitted in USD. For canceled sales of digital currency, the Refund Amount shall be remitted in the digital currency that was to be sold (to the extent available) or USD (if such digital currency is not available), the value of which to be set in the sole and absolute discretion of America Digital Inc DBA ‘America Bitcoin’. A request for a refund is not complete unless it includes the information necessary for America Digital Inc DBA ‘America Bitcoin’ to process and deliver the requested refund. America Digital Inc DBA ‘America Bitcoin’ will only act on refund requests that are complete and will notify any client requesting a refund if their request is deficient. Violations of the Terms and Conditions may result in denial of a refund.
3.16. Unclaimed Property. If a client seeks a refund, the client must provide America Digital Inc DBA ‘America Bitcoin’ with a complete refund request. If a client does not provide America Digital Inc DBA ‘America Bitcoin’ with a complete refund request and the dormancy period under the applicable state unclaimed property law is reached, unclaimed property fees shall be assessed in the maximum amount as permitted by such applicable state law.
4.1. You have not been previously blocked or suspended from using the Services.
4.2. By accessing or using the Services, you accept these Terms on behalf of yourself and further represent and warrant that you are fully able and competent to enter into, and abide by and comply with, the Terms of Service.
4.3. You represent and warrant that you are legally permitted to use the Services in your jurisdiction, including that you are legally permitted to own digital assets and interact with the Services you use. You further represent that you are responsible for ensuring compliance with the laws of your jurisdiction in connection with your use of the Services and acknowledge that America Digital Inc DBA ‘America Bitcoin’ is not liable for your compliance or non-compliance with any such laws.
4.4. You represent that agreeing to these Terms of Service and your use of the Services does not constitute, and that you do not expect it to result in, a breach, default, or violation of any applicable law or any contract or agreement to which you are a party or are otherwise bound.
4.5. You represent and warrant that you are not a person or entity identified on: (a) a list of specially designated nationals and/or blocked persons maintained by the Office of Foreign Assets Control of the United States Treasury Department; (b) a list of denied persons or parties of concern maintained by the Bureau of Industry and Security of the United States Department of Commerce; (c) any similar list promulgated by an official agency, ministry or department of the United States; or (d) any similar list promulgated by an official agency, ministry or department of the Country in which you access the Services.
4.6. You represent and warrant that you are not a resident of, or located in, any of the countries to which the United States has embargoed goods or has otherwise applied any sanctions (each a “Prohibited Jurisdiction”).
4.7. You represent that you will not, and will not attempt to, purchase, sell, rent, transact, or provide access to the Services for or on behalf of someone other than yourself, or otherwise engage in Prohibited Use of the Services. 4.8. You represent that you will not disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services. This includes taking advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design of the Services. 4.9. You represent that you are sophisticated in using and evaluating blockchain technologies and related blockchain-based digital assets, including the Bitcoin and Ethereum networks, smart contract systems, and ERC-20 tokens. Specifically, you represent that you have evaluated and understand the operation of the Services and the blockchain networks underlying the digital assets that the Services may be used to transact in.
5.1. In connection with your use of these Services, you agree and represent that you are not engaging in or facilitating any illegal activity. America Digital Inc DBA ‘America Bitcoin’ reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or government request.
5.2. You agree not to accept payments from or send payments to the following businesses or to engage in the following activities using the Services: unlicensed Money Service Business (see https://www.fincen.gov/am-i-msb); counterfeiting; stolen goods; sale of illegal or legal prescription drugs; online gambling; identity theft; fraud or scams; or any business that would violate any law, statute, ordinance or regulation. Furthermore, you agree that you will not acquire digital currency or use the America Digital Inc DBA ‘America Bitcoin’ Services if you are on: (a) a list of specially designated nationals and/or blocked persons maintained by the Office of Foreign Assets Control of the United States Treasury Department; (b) a list of denied persons or parties of concern maintained by the Bureau of Industry and Security of the United States Department of Commerce; (c) any similar list promulgated by an official agency, ministry or department of the United States; or (d) any similar list promulgated by an official agency, ministry or department of the Country in which you access the Services. You agree that you will not use the America Digital Inc DBA ‘America Bitcoin’ Services if you are a resident of, or located in, any Prohibited Jurisdictions.
5.3. You agree not to use the Service in a manner that could interfere with, disrupt, impede, or negatively affect other users of the Service. This includes, but is not limited to, the use of: robots, ransomware, trojan horses and/or scrapers.
5.4. You may not use or attempt to use another person’s wallet software with or without consent when engaging with the Services.
5.5. You may not provide false, inaccurate, or misleading information about yourself or the Services provided to you.
5.6. You may not supply, create, or register multiple accounts or use mobile phone numbers that do not belong to you to access the Services.
5.7. You may not link to the Site without the permission of America Bitcoin.
5.8. You agree not to store, upload, or transmit to or via the Services any Data that: infringes upon, or violates any copyright, patent, trademark, trade secret or other proprietary right; is defamatory, libelous, or threatening; is known by you to be false or inaccurate; or violates any applicable law, treaty, or regulation.
5.9. You agree you will neither upload nor transmit to the Services any Data containing any virus, worm, or other harmful feature.
5.10. You agree not to interfere, in any way, with others’ use of the Services and you will not attempt to gain unauthorized access to the account, computer system, or Data of another user.
5.11. You agree that you are using the Services for your own personal use and further agree that you will not use any digital wallet other than your own.
5.12 You agree not to engage in any act where you know, or have reason to know, that such act may disrupt the functionality ofthe Services, including, but not limited to, the following: translating, decompiling, reverse engineering, or otherwise attempting to obtain access to source code of any software located on the Site (the “Software”); or using the Site in any way that violates local, state, federal, or international law.
6.1. The risks of trading or holding digital currency can be substantial. You should carefully consider whether trading or holding digital currency is the right financial decision for you.
6.2. As with any asset, the value of digital currencies can go up or down and there can be a substantial risk that you may lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding digital currencies is suitable for you in light of your financial situation.
6.3. Transaction confirmation times. Bitcoin transactions are confirmed by the bitcoin network pursuant to the rules of the bitcoin protocol. The confirmation of Bitcoin transactions takes a period of time depending on a variety of circumstances. Transactions may remain unconfirmed between ten minutes up to one day or more. A Bitcoin transaction is not complete until it is confirmed. Bitcoin associated with transactions that are unconfirmed will be designated accordingly. Similar circumstances apply to other digital currencies.
6.4. Digital currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections.
6.5. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of digital currency.
6.6. Transactions in digital currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
6.7. Some digital currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the client initiates the transaction.
6.8. The value of digital currency may be derived from the continued willingness of market participants to exchange Fiat Currency for digital currency, which may result in the potential for permanent and total loss of value of a particular digital currency should the market for that digital currency disappear.
6.9. There is no assurance that a person who accepts a digital currency as payment today will continue to do so in the future.
6.10. The volatility and unpredictability of the price of digital currency relative to fiat currency may result in significant loss over a short period of time.
6.11. The nature of digital currency may lead to an increased risk of fraud or cyber-attack.
6.12. The nature of digital currency means that any technological difficulties experienced by America Digital Inc DBA ‘America Bitcoin’ may impact a client’s ability to buy or sell digital assets.
6.13. You are solely liable for unauthorized digital currency transactions, no different than you are responsible for unauthorized cash transactions or unauthorized fiat currency transactions. You should protect your digital currency transactions and your digital wallet with the same care and concern as your cash transactions and your traditional wallet.
AMERICA DIGITAL INC DBA ‘America Bitcoin’ DOES NOT PROMISE THAT THE SITE, KIOSKS, OR WALLET APP, OR ANY CONTENT, SERVICE, OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. AMERICA DIGITAL INC DBA ‘America Bitcoin’ DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ACCESSIBLE USING THE SERVICES OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SERVICES, NOR DOES America Digital Inc DBA ‘America Bitcoin’ MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE. THE SERVICES AND THE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. America Digital Inc DBA ‘America Bitcoin’ CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. America Digital Inc DBA ‘America Bitcoin’ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT. AMERICA DIGITAL INC DBA ‘America Bitcoin’ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST AMERICA DIGITAL INC DBA ‘America Bitcoin’ FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. America Digital Inc DBA ‘America Bitcoin’ reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services for any reason; (2) to modify or change the Services and any applicable policies or terms; and (3) to interrupt the operation of the Services as necessary to perform routine or non-routine maintenance, error correction, or other changes.
IN NO EVENT WILL America Digital Inc DBA ‘America Bitcoin’, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THE SERVICES, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT ACCESSIBLE ON THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORESEEABLE.
You agree to indemnify and hold America Digital Inc DBA ‘America Bitcoin’, its subsidiaries, affiliates, officers, agents, and representatives, and its and their officers and employees, harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorneys’ fees, disbursements, and court costs) arising from or in connection with your use of the Services, your violation of these Terms of Service, or your violation of any rights of any third party. 10. Term and Termination These Terms of Service will remain in full force and effect for so long as you use the Services. We may suspend or terminate your right to use the Services at any time for any reason in our sole discretion, including for any use of the Services in violation of these Terms of Service. Upon termination of your rights under these Terms of Service, your right to access and use the Services will terminate immediately. America Digital Inc DBA ‘America Bitcoin’ will not have any liability whatsoever to you for any termination of your rights under these Terms of Service, including for deleting or blacklisting any blockchain network address you provide to use in connection with your use or attempted use of the Services. 11. Arbitration Arbitration; Waiver of Class Action. You and America Digital Inc DBA ‘America Bitcoin’ agree that any dispute arising out of or relating to this Agreement or the America Digital Inc DBA ‘America Bitcoin’ Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. This clause shall not preclude you or America Digital Inc DBA ‘America Bitcoin’ from seeking provisional remedies solely in aid of arbitration from a court of competent jurisdiction. Notwithstanding anything to the contrary herein, you and America Digital Inc DBA ‘America Bitcoin’ agree that you and America Digital Inc DBA ‘America Bitcoin’ may take your/their claim(s) to small claims court if, and only if, the dispute (1) proceeds only on an individual (non-class and/or non-representative) basis; and (2) remains in small claims court. This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge. For the avoidance of doubt, the arbitrator has the exclusive authority to decide whether the Arbitration Agreement is enforceable. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including, but not limited to, damages for lost profits. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and/or counterclaims, the arbitrator(s) shall award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. Waiver of Right to Initiate or Participate in Collective or Class Actions. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY, “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND America Digital Inc DBA ‘America Bitcoin’ ARE EACH agreeing to waive rights EACH might otherwise have including, but not limited to, the rights (a) TO A TRIAL BY JURY; (b) to initiate representative actions, collective actions, and/or class actions; and (c) to participate in representative actions, collective actions, or class actions initiated by others. You agree that the arbitration will be conducted by a single, neutral arbitrator and shall take place in Clark County, Nevada in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including, but not limited to, legal and equitable relief, and the arbitral decision may be enforced and/or confirmed in any court of competent jurisdiction, including, but not limited to, the courts of the State of Nevada (you consent to the personal jurisdiction of the courts of the State of Nevada for the purpose of confirming any arbitration award). At your or America Bitcoin’s request, hearings may be conducted in person or by video remote means (e.g., Zoom) and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. You understand and agree that this Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”). 12. Disclosures America Digital Inc DBA ‘America Bitcoin’ is located in the State of Nevada. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. The Services are not directed, or intended to be directed, to children. America Digital Inc DBA ‘America Bitcoin’ does not knowingly gather or solicit data from children through the Services and by using the Services you represent that you are an adult of at least 18 years of age.
America Digital Inc DBA ‘America Bitcoin’ If you have any questions or concerns, contact our Client Support email address at info@americabitcoinatm.com, speak with a live Client Support representative at 888-437-7582 or access America Digital Inc DBA ‘America Bitcoin’’s website for live chat. Provide your name, America Digital Inc DBA ‘America Bitcoin’ account number or any other information we may use to identify you, along with the transaction(s) for which you have questions or concerns.
From time to time, America Digital Inc DBA ‘America Bitcoin’ will receive requests about its clients from law enforcement agencies. We will respond to any such requests from authorized law enforcement officials with proof of authority. This section will serve as a guide to explain how authorized law enforcement officials can request client information and their corresponding Kiosk activities. To facilitate processing requests, America Digital Inc DBA ‘America Bitcoin’ requires requests to be addressed to our legal entity name and mailed to our mailing address. All production orders, search warrants, subpoenas, etc. (collectively hereafter referred to as “Order”) are to be addressed as follows:
America Digital Inc DBA ‘America Bitcoin’ Attn: Compliance Department 401 Ryland St., Ste 200-A Reno, NV 89502
Orders should also be sent electronically to info@americabitcoinatm.com. America Digital Inc DBA ‘America Bitcoin’ reviews each Order to determine whether there is a valid legal basis for the Order. America Digital Inc DBA ‘America Bitcoin’ will only respond to legally valid Orders. To aid in quickly processing the Order, law enforcement officials should, if available, provide the following in their request: Name and phone number of the individual(s) Date (e.g., date(s) and time(s) of the transaction(s) in question) Location(s) of the transaction Transaction hash Reasonable deadline America Digital Inc DBA ‘America Bitcoin’ also reserves the right to make disclosures to authorities in order to protect itself and its clients.
The communications between you and America Digital Inc DBA ‘America Bitcoin’ use electronic means, whether you communicate with us by using the Services or sending us emails, or whether America Digital Inc DBA ‘America Bitcoin’ posts notices on the Services or communicates with you via email. For contractual purposes, you: (i) consent to receive communications from America Digital Inc DBA ‘America Bitcoin’ in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that America Digital Inc DBA ‘America Bitcoin’ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights. You acknowledge that e-mail communications may not be secure and that you will not electronically transmit or otherwise send sensitive information, such as account numbers, passwords, financial information to America Digital Inc DBA ‘America Bitcoin’ or otherwise request such information via email. If there is a need to communicate such sensitive information to America Digital Inc DBA ‘America Bitcoin’, please contact us at 888-437-7582 to speak with a client service representative. Details regarding America Digital Inc DBA ‘America Bitcoin’’s SMS Communication can be found at https://www.americabitcoinatm.com/legal/privacy.
The laws of the state of Nevada will govern these Terms of Service, including, but not limited to, the construction, interpretation, and enforcement thereof, without giving effect to any conflicts of laws principles.
You may not assign any rights and/or licenses granted under this Agreement. America Digital Inc DBA ‘America Bitcoin’ reserves the right to assign its rights without restriction, including without limitation to any America Digital Inc DBA ‘America Bitcoin’ affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subject to the foregoing, these Terms will bind and ensure to the benefit of the parties, their successors, and permitted assigns. Severability. If any part of these Terms of Service is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of remaining provisions. Entire Agreement. These Terms of Service set forth the entire understanding between you and America Digital Inc DBA ‘America Bitcoin’ with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and America Digital Inc DBA ‘America Bitcoin’ with respect to such subject matter. Changes. America Digital Inc DBA ‘America Bitcoin’ offers the Services to you based on your acceptance of these Terms of Service without modification. America Digital Inc DBA ‘America Bitcoin’ reserves the right and may, from time-to-time, make changes to the Site, the Kiosks, the Wallet App, or to these Terms of Service. Any changes or modifications to the Terms of Service will be effective upon upload to the Site. You acknowledge that it is your sole responsibility to review these Terms of Service each time you use the Services to remain apprised of any changes, revisions, or updates. Your ongoing and continued use of the Services, following any revision, change, modification, or update to these Terms of Service, constitutes your acceptance of the modified Terms of Service. No Waiver. America Bitcoin’s failure to act on any breach of any provision of these Terms of Service shall not be construed as a waiver of the enforcement of any provision unless America Digital Inc DBA ‘America Bitcoin’ agrees to such waiver in writing. Survival. Sections 11 (Arbitration), 14 (Law Enforcement Requests), 15 (Electronic Communications), 16 (Governing Law and Jurisdiction), and 17 (General), as well as any other terms which by their nature should survive, will survive the termination of these Terms.
Force Majeure. America Digital Inc DBA ‘America Bitcoin’ shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond America Digital Inc DBA ‘America Bitcoin’’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Minnesota Customers:
New Users: New users of America Digital Inc DBA ‘America Bitcoin’ ATMs located in Minnesota are limited to $2,000 in transactions per day.
Refund: To report fraud and request a refund, please email info@americabitcoinatm.com within 14 days of the transaction with the following details: transaction receipt, date and time of the transaction, and any relevant documentation. Refunds will be issued subject to verification of the claim, valid use with our Terms and Conditions, and you will receive a response within 7 business days.
FinCEN Registration Number: 31000269080039 | NMLS ID: 2521734
FinCEN: 31000269080039 / NMLS ID: 2521734
