User Agreement

Last Updated: November 1, 2022

 

This is an agreement between Doge Exchange Corporation (“doge.exchange”, “we,” “us,” or “our”), a company registered in Arizona, and you (together with doge.exchange, the “Parties” and each a “Party”). By using the doge.exchange website (the “Site”) and any services available within the Site (collectively the “Services”), you agree that you have read, understood, and accept all of the terms and conditions contained herein (the "User Agreement"), as well as our Privacy Policy, and Cookie Policy.

 

We offer a wide range of Services, and additional terms may apply when you use doge.exchange service, you will also be subject to the guidelines, terms, and agreements applicable to that service (the "Service Terms"). The Service Terms will control if this User Agreement is inconsistent with the Service Terms.

ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.

1. General Use

 

1.1 Eligibility. By using our Services and entering into this User Agreement, you affirm that you are an individual, at least 18 years of age or older, can enter into this User Agreement and agree to be legally bound by the terms and conditions of this User Agreement, including the Cookie Policy, the Privacy Policy, and Service Terms when applicable.

 

1.2 Modification. We may change the terms of this User Agreement at any time. Any such changes shall take effect when posted on the Site or when you use the Services. Read the User Agreement carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement.

 

2. Compliance with Applicable Law

 

Your relationship with doge.exchange and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction (the “Applicable Law”). By entering into this User Agreement, you agree to act in compliance with and be legally bound to any Applicable Laws.

3. Accessing the Services

 

3.1 Limited License. We grant you a limited, non-exclusive, non-transferable license to access and use the Services and the Site solely by the terms of this User Agreement.

 

3.2 Credentials. It would be best if you kept secret all credentials associated with the Services. You are solely responsible for managing and maintaining the security of any information relating to such certificates and agree that doge.exchange shall not be held responsible (and you shall not hold us responsible) for any unauthorized access to the Services or any resulting harm you may suffer.

 

3.3 Compliance. Your access to one or more Services may be contingent upon creating a user account and satisfying our onboarding processes and Compliance Program. “Compliance Program” means the requirements set by doge. exchange for collecting, verifying, recording, and reporting information about you upon first accessing certain Services and on an ongoing basis, whether for our business risk-management purposes or to comply with legal requirements. The information we request may include, without limitation, personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. In providing this information to us, you represent that it is accurate. You agree to update your information promptly but no later than 14 days following any change in your report. Failure to provide information or update your user account promptly may make Services unavailable.

 

3.4 Communications. Any communications from the doge. exchange may be provided to you via electronic mail at your address when accessing the Services. doge.exchange shall not be responsible for any harm you may suffer due to your failure to receive any notice provided to you in connection with this User Agreement or your use of Services so long as such information is provided to such email address.

 

3.5 Termination. We may close, terminate, enable, or disable any or all of the Services or your access to the Services at any time and for any reason.

 

4. Risks of Digital Assets

 

All transactions involving digital assets, such as Dogecoin, Bitcoin, Ether, etc., involve substantial risks. You should, therefore, carefully consider whether using our Services is suitable for you in light of your financial condition. In considering whether to hold digital assets, you should be aware that the price or value of a digital asset can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. You acknowledge that we are not responsible for any loss of your digital asset resulting from theft, loss, or mishandling of private keys outside our control.

We are not responsible for any digital asset market and make no representations or warranties concerning digital assets' actual or perceived value as denominated in any quoted currency. Although we may provide historical and real-time data regarding the price of digital assets, we make no representations regarding such data's quality, suitability, truth, usefulness, accuracy, or completeness. It would be best if you did not rely on such data for any reason whatsoever. You understand and agree that the value of digital assets can be volatile. We are not responsible or liable for any losses you may incur by using or transferring digital assets in connection with our Services.

We do not provide investment advice, and any content on the Site should not be considered a substitute for tailored investment advice. The contents of our Site and the Services should not be used to make investment decisions.

 

 

 

5. General Provisions

 

5.1 Intellectual Property.

5.1.1 Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with the Site or the Services are the property of doge.exchange or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for using the Site's contents or the Services.

5.1.2 You accept and acknowledge that the material and content contained in or delivered by the Site or the Services are made available for your personal, lawful, non-commercial use only and that you may only use such material and content to use the Site or the Services as outlined in this Agreement.

5.1.3 You further acknowledge that any other use of content from the Site or the Services is strictly prohibited. You agree not to infringe or enable others to infringe on our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via the Site or the Services on any copy you make of the material, but failing to do so shall not prejudice doge.the exchange’s intellectual property rights therein.

5.1.4 You may not sell or modify materials derived or created from the Site or the Services or reproduce, display, publicly perform, distribute, or otherwise use the materials for any public or commercial purpose. Your use of such materials on any other website, file-sharing, or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from the Site or Services without our express permission.

5.1.5 Any rights not expressly granted herein to use the materials on or through the Site or the Services are reserved by doge.exchange in full.

 

5.2 Accuracy of Information. doge.exchange endeavors to verify the accuracy of any information displayed, supplied, passing through, or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility. We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information, and functions made accessible through the Services, any hyperlinks to third-party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services.

 

5.3 Third-Party Services and Content. In using the Services, you may view content or services provided by third parties, including links to web pages and benefits of such parties (“Third Party Content”). We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage incurred from such dealings, and your use of Third Party Content is at your own risk.

 

6. Representations, Warranties, Indemnification, and Limitations of Liability

 

6.1 Acceptable Use of doge.exchange Services. When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the preceding, you agree that you shall not:

a. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from thoroughly enjoying the Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

b. use the Services to pay for, support, or otherwise engage in any illegal activities, including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities;

c. use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our Services or to extract data;

d. use or attempt to use another person’s credentials without authorization;

e. attempt to circumvent any content filtering techniques we employ or attempt to access any service or area of our Services that you are not authorized to access;

f. introduce to the Services any virus, Trojan, worms, logic bombs, or other harmful material;

g. develop any third-party applications that interact with our Services without our prior written consent;

h. provide false, inaccurate, or misleading information; or

  1. encourage or induce any other person to engage in activities prohibited under this Section.

 

6.2 Disclaimer of Warranties. DOGE.EXCHANGE DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY SERVICES PROVIDED BY DOGE.EXCHANGE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ACKNOWLEDGE THAT DOGE. EXCHANGE MAKES NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER AND THAT DOGE.EXCHANGE’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY AND NOT THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF DOGE.EXCHANGE OR ITS AFFILIATES EXCEPT AS EXPRESSLY OUTLINED IN THIS AGREEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

 

6.3 Limitation of Liability. IN NO EVENT SHALL DOGE.EXCHANGE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DOGE.EXCHANGE HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER ANY VIRTUAL CURRENCY TO YOU AS DAMAGES, MAKE SPECIFIC PERFORMANCE, OR ANY OTHER REMEDY. SUPPOSE YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES ON THE VALUE OF VIRTUAL CURRENCY. IN THAT CASE, YOU AND WE AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCY DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.

WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION, OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; (C) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

 

6.4 Indemnification. You agree to indemnify and hold harmless doge. exchange, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any claims, demands, actions, damages, losses, costs, or expenses, including, without limitation, reasonable legal fees, arising out of or relating to (a) your use of the Site or Services; (b) breach of this User Agreement or any other policy; (c) feedback or submissions you provide; (d) false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; or (e) violation of any rights of any other person or entity; provided, however, that you shall not indemnify doge.exchange for claims or losses arising out of doge.exchange’s gross negligence or willful misconduct. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this User Agreement.

Any indemnities, warranties, and limitations of liability (express or implied) are excluded to the fullest extent permitted under the law except as set forth herein. Nothing in this User Agreement excludes or limits liability which may not be modified or excluded under Applicable Law.

 

7. Miscellaneous

 

7.1 Force Majeure. Suppose by reason in whole or part of any Force Majeure Event, you or doge.exchange is delayed or prevented from complying with this User Agreement. In that case, such delay or non-compliance shall not be deemed a breach of this User Agreement, and no loss or damage shall be claimed by you or doge.exchange by reason thereof. “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, pandemic, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.

 

7.2 Taxes. It is your responsibility to determine what, if any, taxes apply due to your use of the Services. You are responsible for reporting and remitting the correct tax to the appropriate tax authority. doge.exchange is not responsible for determining whether taxes apply to your use of the Services or for collecting, reporting, withholding, or remitting any taxes arising from virtual currency transactions.

 

7.3 Severability, Reformation. If any provision of this User Agreement is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this User Agreement is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The User Agreement provisions will, where possible, be interpreted to sustain its legality and enforceability.

 

7.4 Assignment. This User Agreement shall bind your successors, heirs, personal representatives, and assigns. You may not post or transfer your rights or obligations under this User Agreement without the prior written consent of doge.exchange, which may be withheld in doge.exchange’s sole discretion. We may assign rights or delegate duties under this User Agreement at our sole discretion.

 

7.5 Relationship of the Parties. Nothing in this User Agreement is intended to create any partnership, joint venture, agency, consultancy, or trusteeship—you and doge. Exchange are independent contractors for purposes of this User Agreement.

 

7.6 Entire Agreement. This User Agreement constitutes the entire agreement among the Parties concerning the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties. Subsequent discussions or negotiations between you and doge.exchange or doge.exchange personnel shall only amend or become part of this User Agreement by way of a written amendment specifically referencing the last updated date and name of this User Agreement.

 

7.7 Contact Information. You may contact doge.exchange via email at info@doge.exchange

 

8. Dispute Resolution

Any disputes between you and us arising from your use of the Site or the Services (whether arising out of contract, tort, statute, or any other manner) shall be resolved in the courts of Arizona, and Arizona shall have exclusive jurisdiction over such matters. WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US SHALL BE BROUGHT INDIVIDUALLY, AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. YOU FURTHER AGREE EXPRESSLY TO WAIVE YOUR RIGHT TO A TRIAL BY JURY.

 

9. Feedback

doge.exchange strives to improve its Services to address feedback. If you have ideas or suggestions regarding improvements or additions to the Services, we would like to hear them; however, any submission shall be subject to this User Agreement.

 

Under no circumstances shall disclosure of any idea, feedback, or related material to doge.exchange be subject to any obligation of confidentiality or expectation of compensation.

By submitting an idea or feedback or any related material that would be subject to intellectual property rights (the Work) to doge.exchange, you grant to doge. Discussion concerning the Work submitted, a non-exclusive, perpetual, global, royalty-free license to use all of the content of such ideas and feedback for any purpose whatsoever.

 

By submitting Work, you are waiving any moral rights to the fullest extent permitted under the law that you may have in the Work and are representing and warranting to doge.exchange that the Work originated with you, no one else has any rights in the Work and that doge.exchange is free of any royalty to implement the Work and to use the related material if so desired, as provided or modified by a doge—business, without obtaining permission or license from any third party. We may sub-license all Work and material you have submitted to doge.exchange.

 

10. NON-AFFILIATION WITH DOGECOIN FOUNDATION AND OTHERS

doge.exchange is in no way affiliated with the Dogecoin Foundation, nor any of its related business entities. doge.exchange further has no affiliation or relationship with any coin, blockchain business, or project unless explicitly stated otherwise. You agree that doge.exchange shall not be liable for any losses arising out of your misapprehension of doge.exchange’s connection with the Dogecoin Foundation or any other coin, business or project.