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<!DOCTYPE html>
<html lang="en">
<head>
<meta charset="utf-8">
<meta name="viewport" content="width=device-width, initial-scale=1,
shrink-to-fit=no">
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<a class="nav-link" href="#services-anchor">Services</a>
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<main style="background-color: rgba(0, 0, 0, 0.5); padding: 36pt 72pt 0 72pt">
<h2 class="mb-5 font-weight-bold text-center my-color-secondary">Terms of Use</h2>
<p>NOTICE OF ARBITRATION PROVISIONS:</p>
<p>Your use of the First Contact Crypto Sites and
Features and our Services (both as defined below) is subject to binding
individual arbitration of any disputes which may arise, as provided in
Paragraph 11 of these Terms of Use. Please read the arbitration
provisions carefully and do not use any of the First Contact Crypto Sites
and Features or our Services if you are unwilling to arbitrate any
disputes you may have with us (including without limitation any disputes
relating to these Terms of Use, our Privacy Policy, and any Additional
Terms) as provided herein.</p>
<p>First Contact Crypto Inc. (together with
any affiliates, the “Company”) owns and operates a number of
different websites, mobile apps, and interactive services, including
without limitation FirstContactCrypto.com, and others (collectively, the
“FCC” Sites). These Terms of Use (“Terms”) apply
to the FCC Sites and to all of the features, mobile applications, emails,
online services and other functionalities (collectively, the
“Features”) available via or related to the FCC Sites,
whether accessed via a computer, mobile device, or otherwise
(collectively, the “FCC Sites and Features”).</p>
<p>These Terms are a legal agreement between you
and the Company. By using any of the FCC Sites and Features or our
Services, and/or clicking to “Accept” or otherwise agreeing
to these Terms where that option is made available to you, you agree to
be bound by these Terms as well as our Privacy Policy
(www.FirstContactCrypto.com/privacy). If you do not agree to these Terms
or our Privacy Policy, please do not register with or use any FCC Sites
or Features or our Services.</p>
<p>We may post additional terms, official rules,
or agreements that apply to certain services, applications, activities,
and features we offer or provide at or through certain FCC Sites and
Features (“Additional Terms”), and you may be subject to such
Additional Terms when you access those services, applications, activities
and/or features. In the event of any conflict between the terms of the
Additional Terms (on the one hand) and these Terms (on the other hand),
these Terms shall prevail unless expressly otherwise stated in the
Additional Terms, which are intended to supplement, but not replace,
these Terms.</p>
<p>Please don’t hesitate to contact us with
any questions regarding these Terms or any Additional Terms. You can
reach us by using the “Contact Us”, “Contact Member
Services” or similar contact link in the footer of any of the FCC
Sites, or by mail to: First Contact Crypto Inc., 415 Coffman Street,
Longmont, CO 80501; Attention: Customer Service</p>
<p>1. Use of FCC Sites and Features</p>
<p>You agree to use the FCC Sites and Features
and the services available on or through the FCC Sites and Features (the
“Services”) only for purposes that are permitted by these
Terms, any Additional Terms, and any applicable law, regulation or
generally accepted practices in the relevant jurisdictions. Subject to
all of the provisions of these Terms, the Company hereby grants you a
limited, terminable, non-transferable, personal, non-exclusive license to
access and use the FCC Sites and Features and our Services solely as
provided herein. You may download material displayed on the FCC Sites and
Features for non-commercial, personal use only, provided you do not
remove any copyright and other proprietary notices contained on the
materials. You may not, however, distribute, modify, broadcast, publicly
perform, transmit, reuse, re-post, or use the content of the FCC Sites
and Features, including any text, images, audio, and video, for public or
commercial purposes without the Company’s prior written permission.
Notwithstanding anything to the contrary herein, all rights not
specifically granted in the license set forth above shall be reserved and
remain always with the Company. Your right to use the FCC Sites and
Features and our Services is not transferable. You acquire no rights or
licenses in or to the FCC Sites and Features and materials contained
therein other than the limited right to access and utilize the FCC Sites
and Features and our Services in accordance with these Terms.</p>
<p>If you are accessing the FCC Sites and
Features via any of our applications available via third parties
(collectively “Third Party Outlets”) including, without
limitation, Apple, Inc.’s “App Store” or Google,
Inc.’s “Google Play” store, you acknowledge and agree
that these Terms are entered into by and between you and the Company
only, and that none of the Third Party Outlets are party to these Terms.
The Third Party Outlets are not sponsors to, nor in any way affiliated
with, any of the Company’s Promotions (defined below), nor any of
our Services or the FCC Sites and Features.</p>
<p>2. User Representations and Warranties</p>
<p>By using the FCC Sites and Features or our
Services, you represent, warrant and covenant that you: (i) have the
power and authority to enter into and be bound by these Terms; (ii) shall
use the FCC Sites and Features and our Services only as permitted by
these Terms, and any applicable Additional Terms, and not for any
unlawful purpose; and (iii) are eighteen (18) years of age or older. If
you are under the age of 18, you are not allowed to use the FCC Sites and
Features nor our Services.</p>
<p>3. Sweepstakes, Contests and Promotions</p>
<p>Any sweepstakes, contests or promotions
(collectively, “Promotions”) that may be offered via any of
the FCC Sites and Features or our Services may be governed by Additional
Terms, which may set out eligibility requirements, such as certain age or
geographic area restrictions, terms and conditions, and details governing
how your personal information may be used. It is your responsibility to
read all Additional Terms to determine whether or not you want to or are
eligible to participate, enter or register in or for the Promotions. By
participating in a Promotion, you will be subject to the Additional Terms
and you agree to comply with and abide by such Additional Terms and the
decisions of the sponsor(s) thereof. The Third Party Outlets are in no
way associated with the Company’s Promotions.</p>
<p>4. Rewards Programs</p>
<p>Overview</p>
<p>The Company may offer one or more rewards
programs (“Rewards Programs”) under which you may have the
opportunity to earn points (in the FirstContactCrypto.com program, such
points are called “Epiphany Points,” “EPs” or
“Points”), which are redeemable for rewards. Rewards Programs
may include Additional Terms that apply to your participation in
activities allowing you to earn points (collectively,
“Activities”). The Company may limit, suspend or terminate
your ability to participate in a Rewards Program in its sole and absolute
discretion, and may void any points, rewards, or potential rewards you
may have earned or accumulated in a Rewards Program, if we determine in
our sole discretion that you have not complied with these Terms or any
Additional Terms applicable to such participation. You agree to abide by
the final and binding decisions of the Company regarding any Rewards
Program and your participation in it. We reserve the right to change,
suspend, or cancel all or a portion of a Rewards Program, including any
points you may have accrued, at any time without prior notice to
you.</p>
<p>Earning Points</p>
<p>Points can be earned in a Rewards Program by
participating in certain Activities, as described in the applicable FCC
Sites and Features. If you choose to participate and follow the
instructions associated with an Activity, upon satisfying all of the
requirements of the Activity, you will be awarded the points associated
with completing that Activity so long as the Company and/or its
third-party Rewards Program affiliates are able to properly track your
valid and completed point-earning Activities. For avoidance of doubt,
Company shall not be responsible for, nor shall Company be obligated to
award points or rewards to Rewards Program participants for, any Activity
that is not properly recorded, tracked and/or deemed approved under
Company’s or its third-party Rewards Program affiliates’
policies, procedures and systems. There may be limitations on Activities
and rewards, so please be sure to review all applicable Additional Terms
before deciding whether or not you would like to participate. For
example, we reserve the right to request and verify receipts of completed
purchases prior to or in connection with the awarding of points for
shopping Activities in order to verify with the applicable merchant that
such purchases are valid. Some of the limitations on Activities and
rewards include (without limitation), our right to change or limit your
ability to participate in certain Activities or the Rewards Program
itself; our right to change or limit the allowable frequency of
Activities; our right to change or limit the number of points you can
earn for a given Activity or during a given time period; and our right to
change the Activities or rewards available, or the number of points
required for a particular reward. Points awarded have no cash
value.</p>
<p>Redeeming Points</p>
<p>You may redeem points you have earned for
rewards offered in a Rewards Program pursuant to these Terms and any
applicable Additional Terms. Supplies may be limited. Rewards may be
awarded on a first-come, first-serve and while-supplies-last basis. If
you attempt to redeem points for a reward and the Company determines that
the reward is unavailable, out of stock, or for whatever reason cannot be
provided to you, the Company may, at its sole and absolute discretion,
provide you with a reward of equal or greater value. No credit, reversal,
or refund of points will be issued for any reason after points have been
redeemed; in other words, once you order a reward, you may not cancel the
reward or return the reward for a refund of points. The only way to use
points is to redeem them for Rewards Program rewards as available from
time to time through the FirstContact Crypto.com Redemption after login.
Some rewards may have eligibility requirements and in that case the
Company reserves the right to verify your identity (by requesting
photocopy of your driver’s license or state ID card, or other proof
as we may require) and eligibility qualifications to our complete
satisfaction prior to crediting points or fulfilling any reward in any
Rewards Program, or otherwise providing you with any benefit.</p>
<p>Delivery of Rewards</p>
<p>Rewards may be emailed to your email address
or mailed to the U.S. postal address, as applicable, that you provided
when you registered and created an account (“Account”) for
the applicable Rewards Program, or to the email or U.S. postal address
that our records show your Account was last updated to reflect.
Processing times may vary. Rewards that are undeliverable or unclaimed
for whatever reason (including, without limitation, because your Account
information is incorrect or outdated) may be forfeited, and the points
will not be refunded.</p>
<p>Rewards Program Points Nontransferable</p>
<p>Rewards Program points are non transferable,
may not be bartered or sold, and are void if a transfer is attempted, and
such points and the associated Account are not transferable upon death,
as part of a domestic relations matter or otherwise by operation of
law.</p>
<p>Inactive Accounts</p>
<p>Any Account that has not been logged into and
points either earned or redeemed for one year or more may be deemed
inactive and the Account closed. In such instances, to request Account
reactivation (subject to such terms, limitations and requirements as we
may impose from time to time) you may reach us by using the
“Contact Us”, “Contact Member Services” or
similar contact link in the footer of any of the FCC Sites. We may modify
our inactive Account rules and policies in our Rewards Programs from time
to time, and if your Account becomes inactive pursuant to such
then-current rules or policies, we may close your Account, without any
compensation or further obligation to you.</p>
<p>5. Intellectual Property</p>
<p>You acknowledge that the FCC Sites and
Features have been developed, compiled, prepared, revised, selected and
arranged by the Company and others through the expenditure of substantial
time, effort and money and constitutes valuable intellectual property and
trade secrets of the Company and others. It is our policy to enforce
these intellectual property rights to the fullest extent permitted under
law. The trademarks, logos and service marks (“Marks”)
displayed on the FCC Sites and Features are the property of the Company
or third parties and cannot be used without the written permission of the
Company or the third party that owns the Marks. The FCC Sites and
Features are also protected as a collective work or compilation under
U.S. copyright and other foreign and domestic laws and treaties. Users
are prohibited from using (except as expressly set forth herein),
transferring, disposing of, modifying, copying, distributing,
transmitting, broadcasting, publicly performing, displaying, publishing,
selling, licensing, or creating derivative works of any content on the
FCC Sites and Features or our Services for commercial or public purposes.
Nothing contained herein shall be construed by implication, estoppel or
otherwise as granting to the user an ownership interest in any copyright,
trademark, patent or other intellectual property right of the Company or
any third party. The Company exclusively owns all worldwide right, title
and interest in and to all documentation, software, contents, graphics,
designs, data, computer codes, ideas, know-how, “look and
feel,” compilations, magnetic translations, digital conversions and
other materials included within the FCC Sites and Features and related to
our Services, and all modifications and derivative works thereof, and all
intellectual property rights related thereto.</p>
<p>6. Reporting Copyright Infringement – DMCA Policy</p>
<p>If you believe that any content, user-posted
materials, or any other material found on or through the FCC Sites and
Features or our Services, including through a hyperlink, infringes your
copyright, you should notify us. To be effective, the notification to us
must be in writing and must comply with the following
instructions:</p>
<p>1. Written notices must be sent either:</p>
<p>a) electronically to
dmca@firstcontactcrypto.com with subject line “DMCA Takedown
Request”. Emails sent to dmca@firstcontactcrypto.com for purposes
other than communication about copyright infringement may not be
answered; or</p>
<p>b) via certified mail (with a confirmed
receipt requested) to: DMCA Notice, First Contact Crypto Inc. , 415
Coffman Street, Longmont, CO 80501; Attention: Copyright Agent.</p>
<p>2. Each written notification must contain the
following information to be deemed a valid notice:</p>
<p>a) an electronic or physical signature of the
person authorized to act on behalf of the owner of the exclusive
copyright interest;</p>
<p>b) description of the copyrighted work that
you claim has been infringed;</p>
<p>c) description of where the material that you
claim is infringing is located on the FCC Sites and Features that is
reasonably sufficient to enable us to identify and locate the material
(for example, a complete list of specific URLs);</p>
<p>d) our physical mailing address, telephone
number and email address;</p>
<p>e) statement by you affirming that you have a
good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and</p>
<p>f) a statement by you that the information
provided in your notice is accurate and, under penalty of perjury, that
you are the owner of an exclusive right in the material or that you are
authorized to act on behalf of the copyright owner.</p>
<p>We will process each written notice of alleged
infringement that we receive and will take appropriate action in
accordance with applicable intellectual property laws.</p>
<p>We have a policy of terminating and/or
blocking repeat infringers in appropriate circumstances, in our sole
discretion, subject to reasonable limitations.</p>
<p>7. User Conduct</p>
<p>You agree that you will not engage in any
activity that interferes with or disrupts the FCC Sites and Features or
our Services (or the servers and networks which are connected to our
Services) or use any service to manipulate your computer or other device
to gain any advantage on any of our programs. Unless you have been
specifically permitted to do so in a separate written agreement with us,
you agree that you will not reproduce, duplicate, copy, sell, trade or
resell our Services for any purpose. You further agree that your use of
the FCC Sites and Features and our Services shall not be fraudulent or
deceptive, or unlawful, as determined in our sole and absolute
discretion. You shall also comply with all usage rules found throughout
the FCC Sites and Features and/or our Services, including, without
limitation, any Do’s and Don’ts or other guidelines posted on
any of the FCCC Sites and Features. You agree to comply with the
instructions set out in any robots.txt file present on the FCC Sites and
Features and our Services. Without limiting the generality of the
foregoing, you agree not to use the FCC Sites and Features or our
Services in order to:</p>
<p>access (or attempt to access) any of our
Services by any means other than through the interface that we
provide;</p>
<p>share a single Account with any person other
than the registered Account holder;</p>
<p>create and/or use multiple Accounts (i.e. only
one Account is permitted per person);</p>
<p>maintain or use any false identity or multiple
identities, or otherwise fail to participate in our Services using your
real identity and accurate contact, demographic and other
information;</p>
<p>submit any personal information (name, email,
zip code, etc.), payment information (credit card number and expiration
date, etc.), or other information which we determine in our sole
discretion to have been false, inaccurate or otherwise invalid in
connection with any Activities or any other use of the FCC Sites and
Features or our Services;</p>
<p>post, upload, transmit or otherwise
disseminate information that (in our sole discretion) is obscene,
indecent, vulgar, pornographic, sexual, hateful or otherwise
objectionable;</p>
<p>post spam links, and/or personal referral
links in an aggressive, wanton, or otherwise inappropriate
fashion;</p>
<p>defame, libel, ridicule, mock, stalk,
threaten, harass, intimidate or abuse anyone, hatefully, racially,
ethnically or, in a reasonable person’s view, otherwise act in an
offensive or objectionable manner;</p>
<p>upload or transmit (or attempt to upload or
transmit) files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files or data, or any other similar software or
programs that may damage the operation of the Service, other users’
computers, or access to or functionality of the FCC Sites and
Features;</p>
<p>violate the contractual, personal,
intellectual property or other rights of any party, including using,
uploading, transmitting, distributing, or otherwise making available any
information made available through the FCC Sites and Features or our
Services in any manner that infringes any copyright, trademark, patent,
trade secret, or other right of any party (including rights of privacy or
publicity);</p>
<p>attempt to obtain account information,
passwords or other private information from other members;</p>
<p>improperly use support channels or complaint
buttons to make false or frivolous reports to the Company or to
communicate with our customer support representatives in a disrespectful,
belligerent or inappropriate manner;</p>
<p>develop, distribute, make use of, or publicly
inform other members of: “auto” software programs,
“macro” software programs, web crawlers or other script or
“cheat utility” software programs or applications;</p>
<p>abuse any of our Services in a manner that
does not reflect normal or appropriate human usage, such as conducting
excessive searches or other Activities in our Rewards Programs for the
sole or primary purpose of receiving points, as we may determine in our
sole discretion; or</p>
<p>exploit, distribute or publicly inform other
members of any error, miscue or bug (“Error”) that gives an
unintended advantage, violate any applicable laws or regulations, or
promote or encourage any illegal or unauthorized activity including, but
not limited to, hacking, cracking or distribution of counterfeit
software, or cheats or hacks for our Services. If you find an Error, we
kindly request that you report it to our appropriate support team by
using the “Contact Us”, “Contact Member Services”
or similar contact link in the footer of the FCC Site, or by mail to:
First Contact Crypto Inc., 415 Coffman Street, Longmont, CO 80501;
Attention: Customer Service.</p>
<p>If we determine in our sole discretion that
you have violated these Terms, the Company may in its sole discretion
issue you a warning regarding the violation prior to terminating or
suspending any or all Accounts you have created (or which are associated
with you) using our Services. However, you acknowledge and agree that the
Company need not provide you with any warning or notice before
terminating or suspending your Account(s) and/or your access to the FCC
Sites and Features and our Services for any reason, at its sole and
absolute discretion.</p>
<p>8. Communications Channels</p>
<p>The FCC and Features and our Services may
include communication channels such as forums, communities, or chat areas
(“Communication Channels”) designed to enable you to
communicate with other Services users. The Company has no obligation to
monitor these communication channels but it may do so in its sole
discretion and reserves the right to review materials posted to the
Communication Channels and to remove any materials, at any time, with or
without notice for any reason, at its sole and absolute discretion. The
Company may also terminate or suspend your access to any Communication
Channels at any time, without notice, for any reason. You acknowledge
that chats, postings, or materials posted by users on the Communication
Channels are neither endorsed nor controlled by the Company, and these
communications should not be considered reviewed or approved by the
Company. The Company will not under any circumstances be liable for any
activity within Communication Channels. You agree that all your
communications with the Communication Channels are public, and thus you
have no expectation of privacy regarding your use of the Communication
Channels. The Company is not responsible for information that you choose
to share on the Communication Channels, or for the actions of other
users.</p>
<p>9. Disclaimer of Warranties; Limitation of
Liability; Indemnification</p>
<p>You agree that your use of the FCC Sites and
Features and our Services shall be at your own risk. To the maximum
extent permitted by applicable law, the Company, and its affiliates,
partners, employees, and agents, disclaim any and all guarantees,
warranties and representations, express or implied, in connection with
our Services, the FCC Sites and Features and your use thereof, including
implied guarantees or warranties of title, merchantability or acceptable
quality, fitness for a particular purpose or non-infringement, accuracy,
authority, completeness, usefulness, and timeliness. To the maximum
extent permitted by applicable law, the Company makes no guarantees,
warranties, or representations about the accuracy or completeness of the
content of the FCC Sites and Features or our Services, or the content of
any sites linked to our Services, and assumes no liability or
responsibility for any (i) errors, mistakes, nor inaccuracies of content,
(ii) personal injury (including death) or property damage, of any nature
whatsoever, resulting from your access to and use of the FCC Sites and
Features or our Services, (iii) unauthorized access to or use of our
secure servers and/or any and all personal information and/or financial
information stored therein, (iv) interruption or cessation of
transmission to or from our FCC Sites and Features or our Services, (v)
bugs, viruses, Trojan horses, or the like which may be transmitted to or
through our Services by any third party, (vi) errors or omissions in any
content or for any loss or damage of any kind incurred as a result of the
use of any content posted, emailed, transmitted, or otherwise made
available via the FCC Sites and Features or our Services, and/or (vii)
tax liability imposed against you by any taxing authority.</p>
<p>To the maximum extent permitted by applicable
law, in no event will the Company, or its affiliates, partners,
employees, and agents, be liable to you or any third person for any
special, direct, indirect, incidental, special, punitive, or
consequential damages whatsoever, including any lost profits or lost data
arising from your use of the FCC Sites and Features, our Services or
other materials or content on, accessed through or downloaded from our
Services, whether based on warranty, contract, tort (including without
limitation negligence), or any other legal theory, and whether or not the
Company has been advised of the possibility of these damages. The
foregoing limitation of liability shall apply to the fullest extent
permitted by law in the applicable jurisdiction. You specifically
acknowledge that the Company shall not be liable for user submissions or
the defamatory, offensive, or illegal conduct of any third party. You
agree to indemnify and hold the Company, and each of its affiliates,
partners, employees, and agents, harmless from and against any claim,
cause of action, loss, liability, damages, costs and expenses, including
reasonable attorney’s fees, arising out of or in connection with
(i) your use of and access to the FCC Sites and Features or our Services;
(ii) your violation of any term of these Terms; (iii) your violation of
any third party right, including without limitation any copyright,
property, or privacy right, or damage to a third party; (iv) any tax
obligations arising from or related to your use of the FCC Sites and
Features or our Services; and/or (v) any content you post or share on or
through the Service.</p>
<p>You agree that the Company will not be liable
for, or be required to provide any compensation to you with respect to,
the termination of any Rewards Program or any associated Account(s),
including without limitation any points, rewards, prizes, or credits in
your Account(s) or otherwise existing in your favor at the time of
termination.</p>
<p>Sometimes when you use our Services, you may
use a service or download a piece of software, or purchase goods,
provided by another person or company. Your use of these other services,
software or goods may be subject to separate terms between you and the
other company or person. If so, these Terms do not affect your legal
relationship with these other companies or individuals.</p>
<p>You agree that we are not responsible for the
loss or impairment of any points, rewards, prizes, or credits, regardless
of monetary value, in the event there is any: change in the value of each
point (as determined in Company’s sole and absolute discretion),
data or server error, computer and/or network system error or failure,
criminal act, vandalism, cyber-attack or other events which make it
commercially unreasonable for us to determine the points balance or value
of any Account(s).</p>
<p>All guarantees, warranties, and
representations, whether express or implied, as to the condition,
suitability, quality, fitness or safety of any goods and services
supplied under our Rewards Programs or other Services are excluded to the
fullest extent permitted by applicable law.</p>
<p>Any liability the Company may have to a member
under any such guarantees, warranties or representations implied or
imposed by law which cannot be excluded is hereby limited, to the extent
legally permissible, to supplying or paying the cost of supplying the
goods or services (or equivalent goods or services) or repairing or
paying the cost of repairing the goods or re-performing the services, at
the Company’s sole option.</p>
<p>Please note that at any time, we may, in our
sole discretion, terminate our legal agreement with you and deny you
continued use of the FCC Sites and Features and our Services, and,
without limiting the foregoing, may do so if (i) we are required to do so
by law (for example, where the provision of our services to you is, or
may become, unlawful); (ii) the partner with whom we offered our Services
to you has terminated its relationship with us or ceased to offer their
services to you; (iii) we are no longer providing all or any portion of
our Services to users in the jurisdiction in which you are resident or
from which you use our Services.</p>
<p>10. Compliance with FTC Guidelines on
Endorsements/Testimonials</p>
<p>If you choose to promote our services to the
public, including your own personal social networks, you agree that you
will comply with the FTC’s Guidelines Concerning the Use of
Testimonials and Endorsements in Advertising (available at
https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf)
(“Guidelines”).</p>
<p>For example, if you have been paid or provided
with free products in exchange for discussing or promoting a FCC product
or service, or if you are an employee of a company and you decide to
discuss or promote that company’s products or services through the
FCC services, you agree to comply with the Guidelines’ requirements
for disclosing such relationships. You, and not FCC, are solely
responsible for any endorsements or testimonials you make regarding any
product or service made on or through FCC’s services.</p>
<p>11. Binding Arbitration of all Disputes</p>
<p>A. Providing Notice of a Claim. The parties
agree to arbitrate all disputes and claims between them (“Disputes
or Claims”). This agreement to arbitrate is intended to be broadly
interpreted. It includes, but is not limited to: (1) Disputes or Claims
related in any way to any FCC Sites and Features or our Service, privacy,
data security, collection, use and sharing, advertising, purchase
transactions, points earnings, awards, balances, expiration, or
transactions, sweepstakes, promotions, or any emails, texts, or other
communications with you; (2) Disputes or Claims arising out of or
relating to any aspect of the transactions or relationship between us,
whether based in contract, tort, statute, fraud, misrepresentation or any
other legal theory; (3) Disputes or Claims that arose before your
agreement to these Terms of Use or any prior arbitration agreement; (4)
Disputes or Claims that are currently the subject of purported class
action litigation in which you are not a member of a certified class; and
(5) Disputes or Claims that may arise after the termination of your use
of any FCC Sites and Features or our Services.</p>
<p>A party who intends to seek arbitration must
first send to the other, by certified mail, a written Notice of Dispute
(“Notice”). Notice to us must be sent to our customer service
address at: FCC Dispute Resolution, First Contact Crypto Inc. , 415
Coffman Street, Longmont, CO 80501, Attention: Legal Department. The
Notice must include: (1) the nature and basis of your Dispute or Claim;
(2) identification or enclosure of all relevant documents and
information; and (3) a description of the specific relief that you seek
from us.</p>
<p>B. Providing Us an Opportunity to Informally
Resolve Your Dispute.</p>
<p>C. Agreement to Participate in Binding
Arbitration. If the parties do not reach an informal resolution of your
Dispute or Claim within thirty (30) days after we receive your written
Notice, you may pursue your Dispute or Claim in arbitration or, solely to
the extent specifically provided below, in small claims court. If the
parties cannot reach an informal resolution to the Dispute or Claim
within thirty (30) days after our receipt of your Notice, you may
commence an arbitration proceeding by sending an arbitration demand
(“Arbitration Demand”) to the following address: FCC Dispute
Resolution, First Contact Crypto Inc. , 415 Coffman Street, Longmont, CO
80501, Attention: Legal Department. The parties agree to arbitrate any
Dispute or Claim between them, except to the extent either party chooses
to instead pursue the Dispute or Claim in small claims court as provided
below. Arbitration is more informal than a lawsuit in court. Arbitration
uses a neutral arbitrator instead of a judge or jury, allows for more
limited discovery than in court, and is subject to very limited review by
courts. Arbitrators generally can award the same damages and relief that
a court can award.</p>
<p>Except as otherwise provided herein, upon
either party filing an Arbitration Demand, we will pay all filing,
administration, and arbitrator fees, unless your Dispute or Claim exceeds
$75,000 (exclusive of any filing, administration, arbitrator, or
attorneys’ fees or other fees or expenses). If you initiate an
arbitration in which you seek more than $75,000 (exclusive of any filing,
administration, arbitrator, or attorneys’ fees or other fees or
expenses) in damages, the American Arbitration Association’s
(“AAA”) Commercial Arbitration Rules and the Supplementary
Procedures for Consumer-Related Disputes (collectively, the “AAA
Rules”) will govern the payment of these fees. The AAA Rules, as
modified by these Rules, will govern the arbitration. The AAA Rules are
available online at www.adr.org, or by calling the AAA at 1-800-778-7879.
If your Dispute or Claim is for $10,000 or less (exclusive of any filing,
administration, arbitrator, or attorneys’ fees or other fees or
expenses), we agree that you may choose whether the arbitration will be
conducted solely on the basis of documents submitted to the arbitrator,
through a telephonic hearing, or by an in-person hearing under the AAA
Rules. If your Dispute or Claim exceeds $10,000 (exclusive of any filing,
administration, arbitrator, or attorneys’ fees or other fees or
expenses), the right to a hearing will be determined by the AAA Rules.
Furthermore, if AAA at the time the arbitration is filed has Minimum
Standards of Procedural Fairness for Consumer Arbitrations in effect
which would be applicable to the matter in dispute, the Company agrees to
provide the benefit of such Minimum Standards to you to the extent they
are more favorable than the comparable arbitration provisions set forth
in this arbitration provision, provided, however, that in no event may
such Minimum Standards contravene or restrict the application of language
in bold type below requiring individual arbitration and prohibiting
class, representative or consolidated arbitration proceedings.</p>
<p>Unless the parties agree otherwise in writing,
any arbitration hearings will take place in the county (or parish) in
which you reside (except that, if you reside outside of the United
States, any such hearings will take place in Denver, Colorado). One
arbitrator, who is selected under the AAA Rules and who has expertise in
consumer disputes in the Internet industry, will conduct the arbitration.
If no arbitrator possessing such expertise is available, then the
arbitration will be conducted by a single arbitrator who is selected by
the mutual written approval of the parties. Except as allowed under
applicable law and the AAA Rules, the decisions of the arbitrator will be
binding and conclusive on all parties. Judgment upon any award of the
arbitrator may be entered by any court of competent jurisdiction. This
provision will be specifically enforceable in any court. THE ARBITRATOR
MUST FOLLOW THESE RULES AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A
COURT (INCLUDING ATTORNEYS’ FEES).</p>
<p>All issues are for the arbitrator to decide,
except that issues relating to the scope and enforceability of the
arbitration provision are for a court to decide. Regardless of the manner
in which the arbitration is conducted, the arbitrator shall issue a
reasoned written decision sufficient to explain the essential findings
and conclusions on which the award is based. Except as otherwise provided
herein, we will pay all filing, administration, and arbitrator fees for
any arbitration initiated in accordance with the notice requirements
above. If, however, the arbitrator finds that either the substance of
your Dispute or Claim or the relief sought is frivolous or brought for an
improper purpose (as measured by the standards set forth in Federal Rule
of Civil Procedure 11(b)), then the payment of all such fees will be
governed by the AAA Rules. Also, if you initiate an arbitration in which
you seek more than $75,000 in damages, the payment of fees will be
governed by the AAA Rules.</p>
<p>We may make a written settlement offer to you
before the arbitrator issues an award. If, after the arbitrator finds in
your favor on the merits of the claim, and the arbitrator issues you an
award that is greater than our written offer, we will: (1) pay you the
greater of the amount of the award or $7,500 (“Alternative
Payment”); and (2) pay your attorney, if you use an attorney, twice
the amount of any reasonable attorneys’ fees awarded by the
arbitrator, and reimburse any expenses that your attorney reasonably
accrues for investigating, preparing, and pursuing your arbitration claim
(“Attorney Fee Premium”). The Attorney Fee Premium does not
supplant any right you may have to reasonable attorneys’ fees under
applicable law. Thus, if you would be entitled to a greater amount under
applicable law, the Attorney Fee Premium does not preclude the arbitrator
from awarding you that amount. You may not, however, recover duplicative
attorneys’ fees or costs. If we do not make a written settlement
offer to you before the arbitrator issues an award, you and your attorney
will be entitled to the Alternative Payment and the Attorney Fee Premium,
respectively, if the arbitrator decides in your favor on the merits. We
agree that we will not seek any award of attorneys’ fees, even if
we are entitled to such fees. The arbitrator may make any determinations
and resolve any Dispute or Claim as to the payment and reimbursement of
fees, the Alternative Payment, or the Attorney Fee Premium at any time
during the proceeding and within fourteen (14) days after the
arbitrator’s final ruling on the merits. The arbitrator may award
declaratory or injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary to provide relief
warranted by that party’s individual claim. Furthermore, these
arbitration provisions shall not prevent any party from seeking
provisional remedies in aid of arbitration from a court of appropriate
jurisdiction.</p>
<p>YOU AND THE COMPANY AGREE THAT:</p>
<p>ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE
CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR
REPRESENTATIVE ACTION. NEITHER YOU NOR COMPANY SHALL BE A MEMBER IN A
CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE
ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY
THAT PARTY’S INDIVIDUAL DISPUTE OR CLAIM.</p>
<p>UNLESS BOTH PARTIES AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES OR
CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE
OR CLASS PROCEEDING.</p>
<p>COMPANY DOES NOT CONSENT TO CLASS ARBITRATION.
ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THE ABOVE PROVISIONS REGARDING
CLASS OR REPRESENTATIVE ACTIONS, THEN THIS AGREEMENT TO ARBITRATE SHALL
BE UNENFORCEABLE AS TO YOU. WHETHER A DISPUTE OR CLAIM PROCEEDS IN COURT
OR IN ARBITRATION, YOU AND COMPANY HEREBY WAIVE ANY RIGHT TO A JURY
TRIAL.</p>
<p>This arbitration agreement covers any Dispute
or Claim arising out of or relating to any aspect of the relationship
between the parties, whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory, even if the Dispute or Claim
arises or may arise before or after the period(s) during which you are
using the FCC Sites and Features or our Services. For purposes of this
arbitration provision, references to “the Company”,
“we” and “us” include First Contact Crypto Inc.,
and each of their affiliates, and each such entity’s respective
directors, officers, employees, shareholders, agents, suppliers and
assignees. The AAA Rules evidence a transaction in interstate commerce
and the Federal Arbitration Act governs the interpretation and
enforcement of this section.</p>
<p>The parties must bring any Dispute or Claim
hereunder (including any Dispute or Claim arising out of or related to
the AAA Rules), within two (2) years after the Dispute or Claim arises,
or the Dispute or Claim will be permanently barred. To the extent the law
applicable under the Governing Law section below makes this limitations
period unenforceable with respect to any Dispute(s) or Claim(s), then the
statutes of limitations of the state whose laws govern the AAA Rules
under the Governing Law section below shall apply.</p>
<p>We may make changes to this arbitration
provision from time to time. You may reject any material changes by
sending us written objection within thirty (30) days of the change to
First Contact Crypto Dispute Resolution, First Contact Crypto Inc. , 415
Coffman Street, Longmont, CO 80501, Attention: Legal Department. By
rejecting any future material change, you are agreeing to arbitrate in
accordance with the language of this provision. If you do not send
written objection to any change as provided above, you are agreeing to
arbitration in accordance with the changed language of this provision. To
the extent that an arbitrator or court of applicable jurisdiction
determines that applying any changes to this arbitration provision to any
Disputes or Claims relating to prior events or circumstances would render
this an illusory or unenforceable contract or otherwise violate your
legal rights, such changes shall be applicable on a prospective basis
only, with respect to events or circumstances occurring after the
effective date of such changes, and in that case any Disputes or Claims
relating to such prior events or circumstances shall be arbitrated in
accordance with the language of this provision without such changes to
the extent necessary to avoid these Terms being deemed illusory or
unenforceable.</p>
<p>D. Small Claims Court.You may choose to pursue
your Dispute or Claim in small claims court rather than by arbitration if
your Dispute or Claim qualifies for small claims court in a location
where jurisdiction and venue over you and us is proper.</p>
<p>E. Governing Law.The AAA Rules, and any
Dispute or Claim arising between you and the Company related in any way
to the AAA Rules or any FCC Sites and Features or our Service, privacy,
data security, collection, use and sharing, advertising, purchase
transactions, points earnings, awards, balances, expiration, or
transactions, sweepstakes, promotions, or any emails, texts, or other
communications with you, or arising out of or relating to any aspect of
the transactions or relationship between us, whether based on contract,
tort, statute, or common law, will be governed by the internal laws of
the state in which you reside (except that, if you reside outside of the
United States, the internal laws of the State of Colorado will govern),
without regard to choice of law principles.</p>
<p>12. Tax Matters</p>
<p>You acknowledge and agree that we do not have
the ability, in every instance, to determine whether or not the points,
rewards, prizes, or credits you earned or redeemed in any Rewards Program
are considered reportable taxable earnings in your jurisdiction. You are
therefore responsible for any and all tax liability arising from or
associated with your use of the FCC Sites and Features or our Services,
including liability arising from your accrual of Rewards Program points
or your redemption of such points for cash or other value. As a condition
of your continued use of the FCC Sites and Features and our Services, we
reserve the right to require you to provide necessary tax reporting
information if our records show that you are or may be required to report
the value of your points, rewards, prizes, or credits to an appropriate
tax authority. We encourage you, and it is your responsibility, to seek
advice of a tax expert in order to determine the tax consequences of your
use of the FCC Sites and Features and our Services, and any associated
points, rewards, prizes, or credits earned or redeemed.</p>
<p>13. Notification of Changes</p>
<p>We reserve the right to make changes to these
Terms from time to time in our sole discretion. If we decide to change
these Terms, we will provide notice of such changes by sending you an
administrative email and/or posting those changes in places on the FCC
Sites and Features deemed appropriate by us so our users are always aware
of the terms of their use of the FCC Sites and Features and our Services.
Your continued use of any of the FCC Sites and Features or our Services
after delivery of the administrative email to you or after the changes
are posted constitutes your agreement to the changes. If you do not agree
to the changes, please discontinue your use of such FCC Sites and
Features and our Services. To the extent that an arbitrator or court of
applicable jurisdiction determines that applying any changes to these
Terms to any prior events or circumstances would render this an illusory
or unenforceable contract, such changes shall be applicable on a
prospective basis only, with respect to events or circumstances occurring
after the date of such changes, to the extent necessary to avoid these
Terms being deemed illusory or unenforceable. In any event, if you used
any of the FCC Sites and Features or our Services pursuant to a prior
version of these Terms that required a certain notice period to you prior
to any changes being effective, any changes under these Terms will not be
effective as to you until the previously-specified notice period has
passed after the date of these Terms.</p>
<p>14. International Users</p>
<p>The FCC Sites and Features are controlled,
operated, and administered by the Company from its offices within the
United States of America. The Company makes no representation that
materials on the FCC Sites and Features are appropriate or available for
use at other locations outside of the United States and access to them
from territories where the contents or products available through the FCC
Sites and Features are illegal is prohibited. You may not use the FCC
Sites and Features or export the content or products in violation of U.S.
export laws and regulations. If you access FCC Sites and Features from a
location outside of the United States, you are responsible for compliance
with all local laws.</p>
<p>15. Excluded Users and Territories</p>
<p>You are not permitted to download or use any
of the FCC Sites and Features or our Services, including making any
purchases of products or services from the Company, if you are (i)
located in, under the control of, or a national or resident of any
country to which the United States has embargoed goods or services; (ii)
identified as a “Specially Designated National”; or (iii)
placed on the U.S. Department of Commerce’s “Denied Persons
List or Entity List” or any other U.S. export control list, or if
the transaction would otherwise be illegal under any applicable law or
regulation.</p>
<p>16. Miscellaneous</p>
<p>The Company’s failure to exercise or
enforce any right or provision of these Terms will not be deemed to be a
waiver of such right or provision. If any provision of these Terms is
found by an arbitrator or court of competent jurisdiction to be invalid,
the parties nevertheless agree that (except as otherwise provided in
Paragraph 11) the arbitrator or court should endeavor to give effect to
the parties’ intentions as reflected in the provision or the
provision shall be deemed severable, and the other provisions of these
Terms remain in full force and effect. The paragraph or section titles in
these Terms are for convenience only and have no legal or contractual
effect. These Terms represent the entire understanding of the parties
regarding its subject matter, and supersede all prior and contemporaneous
agreements and understandings between the parties regarding its subject
matter, and may not be amended, altered or waived except in a writing
signed by the party to be charged or as otherwise expressly provided
herein. These Terms are binding upon and shall inure to the benefit of
parties and their respective successors, heirs, executor, administrators,
personal representatives and permitted assigns. You may not assign your
rights or obligations hereunder without the Company’s prior written
consent, and any such unauthorized assignment shall be null and
void.</p>
<p>17. Contact Us</p>
<p>If you have any questions or concerns
regarding these Terms or your use of any FCC Sites and Features or our
Services, please contact us by using the “Contact Us”,
“Contact Member Services” or similar contact link in the
footer, or by mail to: First Contact Crypto Inc. , 415 Coffman Street,
Longmont, CO 80501; Attention: Customer Service.</p>
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