Terms and Conditions

1.1CedarBTM has not offered or given and will not provide any investment or financial advice in connection with any Customer Purchase Transaction or any other action taken in connection with any Digital Currency and has not offered or given any opinion with respect to the suitability of any transaction made, or Digital Currency action taken, or which might be made/taken by the Customer. Nothing we do, and no element of the CedarBTM Offerings, should be construed as such. The Customer warrants that CedarBTM has not offered or given any investment advice to Customer in connection with the Digital Currency, CedarBTM Offerings and/or any other products and/or services offered by CedarBTM. In addition, CedarBTM has not given Customer any opinion with respect to the suitability of the Digital Currency, CedarBTM Offerings and/or any other products and/or services available to Customer.

1.2Market Risk

Customer should carefully consider the suitability of Digital Currency as an investment choice before making any decisions that may affect their financial situation. Digital Currency balances, where applicable, are not insured by the Federal Deposit Insurance Corporation, National Credit Union Share Insurance Fund, or other similar program and may lose all value. The purchase of Digital Currency involves a high degree of risk and is not suitable for all persons. The purchase of Digital Currency provides no guarantee of interest, yield, or return. Losses may be incurred both because of price devaluation and if price gains do not exceed applicable fees, including those charged by CedarBTM. The Customer acknowledges that all risk of decline in the market value of any Digital Currency is the Customer’s risk and not that of CedarBTM. The Content made available by and through the CedarBTM Offerings is not a substitute for professional financial advice. Reliance on any information made available to you by and through CedarBTM Offerings, including the Content, is solely at your own risk. CedarBTM disclaims all liability for any loss or damage based on Content or other information directly or indirectly obtained through the CedarBTM Offerings. You should always check with your financial advisors to be sure that any investments, advice, products and/or services offered by and/or through the CedarBTM Offerings are appropriate for you.

3.1CedarBTM is a Registered Money Services Business

As a registered Money Services Business, CedarBTM provides the service of purchasing Digital Currency then selling that Digital Currency to you in exchange for Fiat Sovereign back currency, i.e. U.S. Dollars (“USD”). If you violate any portion of the Agreement, we have the right to refuse your transaction and prohibit you from using the CedarBTM Offerings indefinitely without reason or explanation.

3.2Your Privacy

Protecting your privacy is very important to CedarBTM. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

3.3Privacy of Others

If you receive information about another User through CedarBTM Offerings, you must keep the information confidential and only use it in connection with CedarBTM Offerings. You may not disclose or distribute a User’s information to a third party or use the information for marketing purposes.

3.4Intellectual Property

“CedarBTM.com”, “CedarBTM”, “Bitcoin ATM near me”, and all logos related to the CedarBTM Offerings are either common law trademarks or registered trademarks of CedarBTM or its licensors. You may not copy, imitate or use them without CedarBTM’s prior written consent. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of CedarBTM. You may not copy, imitate or use them without our prior written consent. All right, title and interest in and to the CedarBTM Venues, any Content made available in connection therewith, the other CedarBTM Offerings, the technology related to the CedarBTM Offerings, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of CedarBTM and its licensors.

3.5Assignment

You may not transfer or assign any rights or obligations you have under the Agreement without CedarBTM’s prior written consent in each instance. CedarBTM reserves the right to transfer and assign the Agreement or any right of obligation under the Agreement at any time.

3.6Notices to You

You agree that CedarBTM may provide notice to you by posting it on our Site and in the User, interface associated with the Kiosk, emailing it to the email address listed in your Account, sending an SMS text message to the phone number listed in your Account (where we have obtained your consent to do so, and subject to any restrictions imposed by applicable law) or mailing it to the street address associated with your Account. Such notice shall be considered received by you within twenty-four (24) hours of the time it is posted on our Site and in the User interface associated with the Kiosk or, as applicable, the time it is emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, such notice shall be considered received three (3) Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting CedarBTM as described in section 2.7 below. CedarBTM reserves the right to charge you a records request fee to provide a paper copy.

3.7Notice to CedarBTM

Except as otherwise stated below, notice to CedarBTM must be sent by postal mail to: CedarBTM, P.O. Box 3364, Farmington Hills, MI 48333, United States, and electronically to: support@cedarbtm.com

3.8SMS Test Messages and Email

Where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC §0227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you understand and agree that CedarBTM may send you informational SMS text messages utilizing an automatic telephone dialing system. You may receive a maximum of 20 such SMS text messages per calendar month. Standard message and data rates may apply to any SMS text messages. Test “STOP” to opt-out from future messages. You may text “HELP” or email us at support@cedarbtm.com for help. We shall not be liable for delayed or undelivered messages. Further, mobile carriers are not liable for delayed or undelivered messages.

4.1Opening an Account

In order to use some of CedarBTM Offerings, you must create an account with CedarBTM (“Account”) and/or you must provide information sufficient for us to verify your identity each time you use the CedarBTM Offerings. The information that you must supply in order to open an Account and/or use certain of the CedarBTM Offerings may include, without limitation your: (a) full name; (b) date of birth; (c) mailing/billing address; (d) email address; (e) telephone number; (f) bank account information; (g) certain biometric information used to confirm your identity; (h) certain identification-related data (such as your Social Security Number, driver’s license number and related information, and passport number and related information; and/or (i) any other information requested by us via the applicable CedarBTM Venue (collectively, “Registration Data”). You agree to (i) provide accurate, truthful and current Registration Data when creating the Account of when using one of our Kiosks; (ii) use your Account and the CedarBTM Offerings only for yourself, not share access to your Account with others and not conduct transactions on behalf of others by and through your account; and (iii) promptly notify us if you discover or otherwise suspect any security breaches or misused related to your Account. You are responsible for maintaining the confidentiality of your Account and associated log-in information, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur through use of your Account, including any purchases or other transactions made therethrough. Further, you expressly represent and warrant that you will only send funds to your own personal wallet and not the wallet of any third-party individual or entity.

4.2Eligibility

To be eligible to access the CedarBTM Offerings, you must be: (a) at least eighteen (18) years of age (or the age of majority if greater than eighteen (18) years of age in your jurisdiction of residence) or older; (b) be able to enter into legally binding contracts under applicable law; and (c) a resident of the United States (collectively, “Usage Requirements”). The CedarBTM Offerings are not intended for individuals who do not satisfy the Usage Requirements. By using CedarBTM Offerings, you represent and warrant that you (i) are of legal age to form a binding contract in your jurisdiction; (ii) have not previously been suspended from using CedarBTM Offerings; (iii) are a resident of the United States; (iv) have full power and authority to enter into the Agreement and in doing so will not violate any other agreement to which you are a party; (v) are not under the control of, or a national resident of any country to which the United States has embargoed goods or services; (vi) have not been identified as a “Specially Designated National” by the U.S. Office of Foreign Assets Control (“OFAC”); and (vii) have not been placed on the U.S. Department of Commerce’s Denied Persons List. If you are using CedarBTM Offerings on behalf a legal entity, you further represent and warrant that: (A) such legal entity is duly organized and validly existing under the laws applicable to its jurisdictions of organization; and (B) you are duly authorized by such legal entity to act on its behalf.

4.3Identity Authentication

You authorize CedarBTM, directly or through third-party identification verification service providers, to make any inquiries we consider necessary to validate your identity. This may include: (a) asking you for further information; (b) requiring you to provide a taxpayer identification number; (c) requiring you to take steps to confirm ownership of your email address and/or financial instruments; and/or (d) verifying your information against third-party databases or through other sources. Prior to your use of the CedarBTM Offerings by and through a Kiosk, you must provide all of the information requested by CedarBTM via the applicable CedarBTM Venue including, without limitation, Registration Data and any additional information requested (collectively, “Personal Information”). You acknowledge that CedarBTM will analyze and validate your identity by reference to the Personal Information that you provided to determine whether you qualify to use the CedarBTM Offerings (“Verification Process”). Your use of the CedarBTM Offerings may be delayed during the Verification Process, and CedarBTM disclaims responsibility for any loss, delay or other harm relating thereto. If you do not pass the Verification Process, or if you fail to provide any of the information required to access the CedarBTM Offerings, you will be denied access to the CedarBTM offerings. If you believe your access to the CedarBTM Offerings has been wrongly denied, please contact us at: support@cedarbtm.com

4.4Third Party Permission

If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your Account, either through your use of the third party’s product or service or otherwise, you acknowledge that CedarBTM may disclose the information about your Account that is specifically authorized by you to be provide to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under the Agreement. Further, you acknowledge and agree that you will not hold CedarBTM responsible for, and will indemnify CedarBTM from and against any and all liability arising from the actions or inactions in connection with the permissions you grant.

4.5Necessary Equipment

You are responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functional email account, applicable software, applicable hardware and/or other equipment necessary to access the CedarBTM Offerings. CedarBTM does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer CedarBTM does not guarantee that the CedarBTM Offerings can be access: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of CedarBTM Offerings through your wireless device. You are fully responsible for all such charges and CedarBTM has no liability or responsibility for all such charges and CedarBTM has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

5.1Transaction Information

You must provide all information requested by CedarBTM in connection with any service provided, including for purchase Transactions, the amount of U.S. Dollars you intend to spend in connection with the purchase and the Digital Currency wallet address to which CedarBTM will send the Digital Currency you purchase. You are solely responsible for the accuracy of any Transaction information you submit.

5.2Transaction Terms

When you request our service to place a Transaction, you will be able to view the specific terms and conditions applicable to your Transaction which may include a price at which CedarBTM will sell Digital Currency to you and all applicable fees.

5.3Transaction Completion

In order to accept CedarBTM’s service to purchase you must satisfy any terms and conditions stated in the Transaction Terms including, without limitation, by fulfilling the following requirements: to complete your purchase of Digital Currency from CedarBTM: (i) in accordance with applicable Transaction Terms, you must insert cash into the Kiosk to pay CedarBTM in accordance with the applicable pricing and other terms, whereupon CedarBTM will send the amount of Digital Currency calculated by the exchange rate specified in the Transaction Terms and other markup to the Digital Currency wallet address you provide within a reasonable timeframe; provided, however, that we cannot guarantee that the Digital Currency will be transmitted to your address within a specific timeframe or that the wallet address you provide will be compatible with the specific cryptocurrency you select.

5.4Receipts

Upon completion of a purchase transaction with CedarBTM, you will either be provided with a paper wallet containing your Digital Currency, or the Digital Currency will be transferred to your designated Digital Currency address, and you may receive a paper receipt from the Kiosk, an email or an SMS text message that contains the Transaction Terms and/or actual amount of Digital Currency purchased from CedarBTM.

5.5Transactions

Transactions may, as applicable and permitted by CedarBTM, be placed via physical Kiosk. Upon confirmation, an email or SMS text message may be sent to the Customer. CedarBTM encourages all Customers to log into their Digital Currency wallet account within one (1) day of initiating a purchase transaction in order to verify the transactions status and to review all payment procedures and the transaction history.

5.6Purchase Restrictions

We may, at our discretion, impose limits on the amount of Digital Currency you can purchase through CedarBTM Offerings. CedarBTM reserves the right to unilaterally amend existing restrictions or implement new restrictions without notice at any time.

5.7Price Confirmation for Customer Purchase Transactions

An estimated price is displayed along with the percentage charged at the time a Customer Purchase Transaction is submitted. However, the price at the time a transaction is submitted may be subject to market fluctuations. If a Customer transaction is placed on hold for any reason and the price decreases, CedarBTM is not responsible for the loss. If a Customer transaction is placed on hold for any reason and the price increases, CedarBTM will readjust the amount of digital currency that will be sent based on the percentage fee and new digital currency price. CedarBTM, in its sole discretion, may choose to require that a Customer have a portion of the intended purchase price, or the entire intended purchase price, in cleared funds, prior to placing a Transaction. Customer acknowledges and agrees that CedarBTM is not liable for any services or goods which are provided by or facilitated by any third party. Moreover, Customer acknowledges that CedarBTM cannot retrieve or return any funds (including, but not limited to, cryptocurrencies) once sent to the designated address and, therefore, CedarBTM does not provide any refunds after such point.

6.1Acceptable Methods of Payment

CedarBTM may choose to accept cash payment at any Kiosk. CedarBTM reserves the right to choose to accept or refuse any method of payment at any time, in its sole discretion. When you deposit or send funds to the CedarBTM you agree that CedarBTM has all right and title to such funds.

7.1Online Balances

CedarBTM does not currently provide the ability to hold funds online. Should we choose to do so in the future, if you hold a CedarBTM balance online with CedarBTM, CedarBTM will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make your funds available to its creditors in the event of bankruptcy. CedarBTM further reserves the right to use a third party for holding funds and you may be subject to the terms of use of such third party.

8.1How to Close Your Account

You may request to close your Account at any time by contacting Customer Service, which can be access online at www.cedarbtm.com, or by emailing us at: support@cedarbtm.com. CedarBTM reserves the right to retain any and all data relating to or arising from Accounts.

8.2Limitations on Closing Your Account

You may not close your Account to evade an investigation. If you attempt to close your Account while we are investigating, we may freeze your transaction(s) to protect CedarBTM and/or any third party against the risk of reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.

9.1Service Fees

A service fee shall be applied to all 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”. The services fee will either be a flat fee or a percentage of the transaction amount.

9.2General Payment Terms

UNLESS OTHERWISE INDICATED, ALL FEE PAYMENTS ARE FINAL AND NON-REFUNDABLE. Subject to the conditions set forth herein, you agree to bound by the Billing Provisions of CedarBTM in effect at any given time. Upon reasonable prior notice to you (with Site-updates, Kiosk-updates and/or email sufficing), CedarBTM reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the CedarBTM Offerings after receipt of such notice shall constitute consent to all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

9.3Electronic Signatures

CedarBTM’s authorization to provide and bill for the applicable CedarBTM Offerings is obtained by way of your electronic signature or where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. CedarBTM’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”). Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE CEDARBTM OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances, or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you can print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.

11.1User Content

In connection with the Social Media pages, Users may be able to upload and/or post certain comments, messages, material communications, feedback and/or other information (collectively, the “User Content”). By making the User Content available by and through the Social Media pages or otherwise through the CedarBTM Offerings, each User provides to CedarBTM a perpetual, irrevocable, worldwide license to make same available by and through the CedarBTM Offerings. Without limiting the foregoing, Users acknowledge and agree that CedarBTM shall be free to utilize certain features and aspects of the User Content in connection with marketing and promoting the CedarBTM Offerings to third parties. Each User represents and warrants that they own and/or has any and all rights to publish, display, perform and permit the use of, and grant the license associated with, the User Content as contemplated by the Agreement. Without limiting the foregoing, CedarBTM may reject and/or remove any User Content at any time and for any reason, in CedarBTM’s sole discretion. Notwithstanding the foregoing, CedarBTM undertakes no responsibility to monitor or otherwise police the User Content made available by and through the CedarBTM Offerings. Each User and third-party agrees that CedarBTM shall: (i) have no obligations and incur no liabilities to such party in connection with any such User Content; and (ii) not be liable to any party for any claim in connection with the User Content.

11.2User Content Restrictions

In connection with the User Content, each User agrees not to: (i) display any telephone numbers, street address, last names, URLs, email addresses or any confidential or private information of any third-party; (ii) display any audio files, test, photographs, videos or other images that may be deemed indecent or obscene in the applicable User’s community, as defined under applicable law; (iii) impersonate any person or entity; (iv) “stalk” or otherwise harass any person; (v) engage in advertising to, or commercial solicitation of, Users or other third parties; (vi) transmit any chain letters, spam or junk e-mail to any Users or other third parties; (vii) express or imply that any statements made are endorsed by CedarBTM; (viii) harvest or collect personal information of Users or other third parties whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the CedarBTM Offerings; (xii) post, offer for download, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third-party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xiv) “frame” or “mirror” any part of the Site; (xv) use metatags or code or other devises containing any reference to the CedarBTM Offerings in order to direct any person to any other website for any purpose, and/or (xvi) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the CedarBTM Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of such User’s Account and/or access to some or all of the CedarBTM Offerings without notice, in the sole discretion of CedarBTM. CedarBTM reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.

14.1Compliance and Due Diligence

The Customer is responsible for complying with all laws of the jurisdiction from which the Customer accesses the Site, Kiosk, or other CedarBTM Offerings and the Customer shall at all times be solely responsible for obtaining any authorizations required by any authoritative body in such jurisdiction. The Customer has carried out reasonable due diligence to ensure that the purchase and sale of Digital Currency as provided under the Agreement is not contrary to any laws or regulations applicable to the Customer’s governing jurisdiction, and that the acceptance of the Agreement by the Customer and entering into a Customer Purchase Transaction is not contrary to any federal, provincial, state or any other law or regulation applicable to the Customer.

14.2Protection of Electronic Identification Information

It is the Customer’s obligation to ensure that its Account username and password (“Electronic Identification Information”) is kept secret and secure. The Customer agrees to keep their Electronic Identification Information and all components thereof secret and safe to prevent unauthorized use.

14.3Notifications

If a Customer believes that any transaction or balance recorded in their Account is incorrect, the Customer must contact CedarBTM immediately to notify CedarBTM of suspected unauthorized use of Customer’s Electronic Identification Information. Customers are responsible for ensuring the accuracy of the information displayed in their respective Accounts, howsoever accessed. CedarBTM will to be liable should a Customer fail to disclose any unauthorized use of Electronic Identification Information and/or Customer’s CedarBTM Account.

14.4Your Liability

You are responsible for all reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by CedarBTM, a User, or a third party caused by or arising out of your breach of the Agreement, and/or your use of CedarBTM Offerings. You agree to reimburse CedarBTM, its Users and/or third parties for any and all such liability.

14.5Temporary Holds for Transactions

If another User files a dispute on a transaction that you were party to, CedarBTM may place a temporary hold on the funds in your Account to cover the amount of the potential liability. If you win the dispute, CedarBTM will lift the temporary hold. If you lose the dispute, CedarBTM will remove the funds from your balance.

14.6Reimbursement for Your Liability

In the event that you are liable for any amounts to CedarBTM or owe any sums to CedarBTM, and CedarBTM offers the holding of a balance, CedarBTM may immediately remove such amounts from your balance. If you do not have a balance that is sufficient to cover your liability, your Account will have a negative balance and you will be required to immediately add funds to your balance to eliminate the negative balance. If you do not do so, CedarBTM may engage in collection efforts to recover such amounts from you and your will be liable for all such costs of collection, including attorneys’ fees.

14.7Actions by CedarBTM

If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect CedarBTM, claims, fees, fines, penalties and any other liability. The actions we may take include, but are not limited to the following:

14.7.1We may close, suspend, or limit your access to your Account or the CedarBTM Offerings.

14.7.2We may contact Users who have purchased goods or services from you, warn other Users, law enforcement or impacted third parties of your actions.

14.7.3We may update inaccurate Information that you provided to us.

14.7.4We may refuse to provide the CedarBTM Offerings to you in the future.

14.7.5We may retain your balance for up to one hundred and eighty (180) days (or such longer period if permitted by applicable law) if reasonably needed to protect against the risk of liability; and

14.7.6We may take legal action against you.

14.8Account Closure, Termination of Service, or Limited Account Access

CedarBTM, in its sole discretion, reserves the right to terminate the Agreement, access to the CedarBTM Venues and/or access to other CedarBTM Offerings for any reason and at any time upon notice to you. If we close your Account or terminate your use of the CedarBTM Offerings for any reason, we may provide you with a general notice of our actions, however we don’t have to provide the specific reason. If we limit access to your Account, we may provide you with notice of our actions and the opportunity to request restoration of access if appropriate.

14.9Acceptable Use Policy Violation

If you violate the Acceptable Use Policy, then we may hold your funds up to one hundred and eighty (180) days (or such longer period if permitted by applicable law) pending investigation of the violation.

14.10Our Limitation of Liability

IN NO EVENT SHALL CEDARBTM, OUR DIRECTORS, AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS (“CEDARBTM PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF, OR INABILITY TO USE THE CEDARBTM OFFERINGS OR ANY ORDER OR OTHER TRANSACTION UNDERTAKEN IN CONNECTION WITH SAME INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM (A) RELINACE BY ANY USER ON ANY INFORMATION AND/OR CONTENT OBTAINED FROM THE CEDARBTM OFFERINGS; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, SMS TEXT MESSAGES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION; (C) ANY DISPUTE BETWEEN ANY UNSERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTACT DATA; (E) THE FAILURE TO REALIZE ANY SPECIFIC FINANCIAL GOAL, FINANCIAL BENEFIT, INVENTMENT OUTCOME AND/OR OTHER FINANCIAL OUTCOME; AND/OR (F) ANY FAILURE OF PERFORMANCE, WETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS, FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO CEDARBTM’S RECORDS, PROGRAMS AND/OR CEDARBTM OFFERINGS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY CEDARBTM PARTY, WEHTHER IN COTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF INABILITY TO USE THE CEDARBTM OFFERINGS OR ANY ORDER OR OTHER TRANSACTION UNDERTAKNEN IN CONNECTION WITH SAME, OR TO THE AGREEMENT, EXCEED THE FEES PAID BY YOU TO CEDARBTM (IF ANY) DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY. THE CEDARBTM PARTIES SHALL HAVE NO LIABILTY TO YOU ARISING OUT OF OR RELATING TO ANY DATA BREACH AFFECTING THE CEDARBTM OFFERINGS IF CEDARBTM HAS IN PLACE COMMERCIALLY REASONABLE AND STANDARD SECURITY PROCEDURES AT THE TIME OF SUCH BREACH. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations contained in this Section 15.10 may not apply to you.

14.11Maximum Liability

CedarBTM’s maximum liability will be no more than twenty-five percent (25%) of the transaction amount itself.

14.12Indemnity

You agree to defend, indemnify, and hold harmless each CedarBTM Party from any claim, demand, action, damage, loss, cost or expense including, without limitation, attorneys’ fees, arising out of or relating to: (a) your unauthorized use of, or improper conduct in connection with, the CedarBTM Offerings; (b) your violation of the Agreement; or (c) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether we will to settle it, and if so, on what terms. The provisions in this Section are for the benefit of CedarBTM Parties and each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

16.1Dispute Resolution Provisions

The Agreement shall be treated as though it were executed and performed in Dearborn, Michigan and shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties (including the Covered Parties) including, without limitation, any matter concerning the CedarBTM Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before Arbitrators in Dearborn, Michigan, in accordance with the then current Commercial Arbitration rules; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be requested from Compliance@cedarbtm.com. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the arbitrators, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an aware of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class actions lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provide above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access a CedarBTM Venue by sending an email to support@cedarbtm.com

16.2No Waiver

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

16.3Assumption of Rights

If CedarBTM pays out a Claim, reversal or Chargeback that you file against a recipient of your payment, you agree that CedarBTM assumes your rights against the recipient and third parties related to such payment, and we may pursue those rights directly or on your behalf, in CedarBTM’s discretion.

16.4Release of CedarBTM

If you have a dispute with one or more Users, you release and hold the Covered Parties harmless from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

17.1Capital Gains/Income Taxes

CedarBTM may not report any Customer transactions to the Internal Revenue Service; provided, however, that the purchase or sale of digital currency may be considered reportable as taxable income. It is the Customer’s responsibility to contact a financial advisor for financial and tax related guidance. CedarBTM will not issue tax documents and will not be held liable for any capital gains or tax implications due to the purchase and sale of Digital Currency by the Customer. Your taxes are solely your responsibility.

17.2Electronic Transaction Entry Risk Disclosure and Disclaimer

17.2.1CedarBTM specifically disclaims any liability or responsibility for Transaction placed via any CedarBTM Kiosk system, for any losses direct, indirect, consequential or incidental damages, which the Customer may recognize or incur as a result of the use of any Kiosk system. Further, CedarBTM specifically disclaims any and all liability for the interruption, cancellation or other termination of any CedarBTM Transaction Kiosk system or any other CedarBTM Offerings.

17.2.2Negligence. All Transaction placed through any CedarBTM Kiosk are taken on a best-efforts basis. CedarBTM shall not be responsible for errors, negligence or inability to execute Transaction, nor shall CedarBTM be responsible for any delays in the transmission, delivery or execution of Customer’s Transaction(s) due to breakdown or failure of transmission or communication facilities, or for any other cause or causes beyond CedarBTM’s reasonable control or anticipation.

17.3Possible System Failure

Kiosks have been designed to provide an efficient and dependable method for entering Transactions. Commercial Internet and wireless service providers are not one hundred percent (100%) reliable and failure by one (1) or more of these providers may affect Transaction entry. The Customer acknowledges that the Kiosks are mechanical systems and as such may be subject to failure beyond the control of CedarBTM.

17.4Force Majeure

CedarBTM shall not be liable for any failure to perform its obligations hereunder due the effects of Covid 19 or any similar virus, disease or pandemic (and any governmental and private sector responses thereto), fire, computer viruses, network failure, computer hardware failure, explosion, flood, lightening, act of terrorism, war, rebellion, riot, sabotage, orders or. Requests of any government or any other authority, legislative changes, strikes, lockouts, or other labor disputes, or events or circumstances beyond its reasonable control.

17.5Not Legal, Accounting, Nor Tax Advice

Information and Content made available by and through CedarBTM Offerings is not intended to provide legal, accounting, or tax advice, and should not be relied upon in that regard.

17.6No Warranty

THE CEDARBTM OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CEDARBTM MAKES NO WARRANTY THAT THE CEDARBTM OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY USER TO REALIZE ANY SPECIFIC FINANCIAL GOAL, FINANCIAL BENEFIT, INVESTMENT OUTCOME AND/OR OTHER FINANCIAL OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE CEDARBTM OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CEDARBTM WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH CEDARBTM OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM CEDARBTM OR OTHERWISE THROUGH OR VIA THE CEDARBTM OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. CedarBTM will make reasonable efforts to ensure that requests for electronic debits and credits involving Digital Currency are processed in a timely manner, but CedarBTM makes no representations or warranties regarding the amount of time needed to complete processing because CedarBTM Offerings are dependent upon many factors outside of our control, such as delays blockchain congestions. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This Section gives you specific legal rights and you may also have other legal rights that vary from state to state.

17.7License Grant; Proprietary Rights

Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the CedarBTM Offerings. CedarBTM may terminate this license at any time for any reason. Unless otherwise expressly authorized by CedarBTM, Users may only use the CedarBTM Offerings for their own personal, non-commercial use. No part of the CedarBTM Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the CedarBTM Offerings except as expressly permitted by CedarBTM. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the CedarBTM Offerings, or any portion thereof. No User or third party may create any “derivative works” by altering any aspect of the CedarBTM Offerings in conjunction with any other third-party content. No User of other third party may exploit any aspect of the CedarBTM Offerings for any commercial purposes not expressly permitted by CedarBTM. Each User further agrees to indemnify and hold CedarBTM harmless for that User’s failure to comply with this Section. CedarBTM reserves any rights not explicitly granted in the Agreement. The CedarBTM Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistributing or publication by any User or other third party of any part of the CedarBTM Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the CedarBTM Offerings. The posting of information or material by and through the CedarBTM Offerings does not constitute a waiver of any right in or to such information and/or materials.

17.8Severability

If any provision of the Agreement is held to be invalid or unenforceable, such provisions shall be struck and the remaining provisions shall be enforced.

17.9Translated Agreement

CedarBTM may provide you with the ability to translate the Agreement to a language other than English. Any translation of the Agreement is provided solely for your convenience and is not intended to modify the terms of the Agreement. In the event of a conflict between the English version of the Agreement and a version in a language other than English, the English version will apply.

17.10Third Party Websites

The CedarBTM Offerings contain links to other websites on the Internet and are owned and operated by third parties including, without limitation, the Social Media Websites and/or Third-Party Links. CedarBTM does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by CedarBTM of the applicable website or any association with the website’s operators. Because CedarBTM has no control over such websites and/or resources, each User agrees that CedarBTM is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that CedarBTM shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.

17.11California User Consumer Rights

In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

17.12For Alaska Residents Only

If your issue is unresolved by Digital Access, LLC; Phone 888-897-9792, please submit formal complaints with the State of Alaska, Division of Banking & Securities. Please download the form here: https://www.commerce.alaska.gov/web/portals/3/pub/DBSGeneralComplaintFormupdated.pdf Submit formal complaint form with support documents: