This User Agreement ("Agreement") is a contract between you ("you," "your" or "user") and ziftr LLC and ziftrCOIN LLC ("ziftrCOIN" "we", "us" or "our") and applies to your use of: (a) the ziftrCOIN websites located at ziftrCOIN.com, ziftrWALLET web site located at ziftrwallet.com, ziftrPAY web site located at ziftrpay.com, the ziftrCOIN API, and any associated ziftrCOIN hosted websites or mobile applications (collectively the "ziftrCOIN Site"), and (b) any of the services provided to you by ziftr LLC, , doing business as Ziftr and ziftrCOIN (together with the ziftrCOIN Site, the "ziftrCOIN Services").
By accessing or using the ziftrCOIN Services, printing or downloading materials from the ziftrCOIN Site, or otherwise using the ziftrCOIN Site, you agree to comply with and be legally bound by this Agreement. If you do not agree to any of the terms set forth in this Agreement, you may not access or use any of the ziftrCOIN Services.
We may amend or modify this Agreement at any time by posting a revised User Agreement on the ziftrCOIN Site and such changes or modifications shall be effective at such time. By continuing to access or use the ziftrCOIN Services after we have posted a revised Agreement, you agree to be bound by the modified Agreement. In the event that you do not agree to be bound by the modified Agreement, you must cancel your ziftrCOIN account and otherwise cease accessing or using the ziftrCOIN Services. You further agree that we may (a) modify or discontinue any portion of the ziftrCOIN Services, and (b) suspend or terminate your access to the ziftrCOIN Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the ziftrCOIN Services, or suspension or termination of your access to the ziftrCOIN Services, except to the extent otherwise expressly set forth herein.
To be eligible to use the ziftrCOIN Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity if you reside in a jurisdiction where the age of majority or contractual capacity is above 18 years of age). By accessing or using the ziftrCOIN Services you represent and warrant that you are 18 or older.
Please note the following risks of using ZiftrCOIN Services:
Your ziftrCOIN account ("ziftrCOIN Account") encompasses the following ziftrCOIN Services:
2.1 In order to use any of the ziftrCOIN Services, you may be required to register by providing an e-mail address, password, and providing some identity information. Upon successful completion of the registration process, ziftrCOIN will establish your ziftrCOIN Account. ziftrCOIN may, in our sole discretion, refuse to allow you to establish a ziftrCOIN Account, or limit the number of ziftrCOIN Accounts that a single user may establish and maintain at any time.
2.2 In order to use certain features of the ziftrCOIN Services, including certain transfers of Ziftr Coins and/or currency, you may be required to provide ziftrCOIN, with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). ziftrCOIN may also require you to answer certain questions or take actions in order to verify your identity, provide the ziftrCOIN Services to you, or comply with applicable law. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update ziftrCOIN if any information changes. You hereby authorize ziftrCOIN to, directly or through third parties, (i) make any inquiries we consider necessary to verify your identity and/or account information, and (ii) request and obtain any consumer report, credit report or similar information relating to you and to take action we reasonably deem necessary based on the results of such inquiries and reports, and hereby authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
2.3 You hereby certify to us that any funds used by you in connection with the ziftrCOIN Services are either owned by you or that you are validly authorized to carry out transactions using such funds. In particular, you acknowledge that ziftrCOIN may not be a qualified custodian under applicable law, and represent that your use of the ziftrCOIN Services is in compliance with any applicable requirements governing the maintenance and use of fiduciary accounts and custodial assets.
3.1 You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the ziftrCOIN Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your ziftrCOIN Account by third-parties and the loss or theft of any ziftrCOIN and/or funds held in your ziftrCOIN Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your ziftrCOIN Account information has been compromised, contact ziftrCOIN Support immediately.
3.2 By using the ziftrCOIN Services, you agree that ziftrCOIN may provide you with any notices or other communications about your ziftrCOIN Account and the ziftrCOIN Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the ziftrCOIN Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your ziftrCOIN Account and your ziftrCOIN Account will be cancelled.
4.1 Use of the ziftrCOIN Services is subject to the laws and regulations of the United States regarding the prevention of terrorist financing and anti-money laundering. You agree and acknowledge that your use of the ziftrCOIN Services does and will comport with such laws and regulations, including, without limitation, the sanctions programs administered by the Office of Foreign Assets Control of the United States Department of the Treasury.
5.1 In connection with your use of the ziftrCOIN Services, and your interactions with other users, and third parties you will not:
5.2 The supply of Ziftr Coins and the ziftrCOIN Services through the ziftrCOIN Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the ziftrCOIN Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire ziftrCOIN or any of the ziftrCOIN Services through the ziftrCOIN Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or UN sanctions, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or (2) you intend to supply the acquired ziftrCOIN or ziftrCOIN Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or UN sanctions (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
6.1 As part of the services offered in connection with your ziftrCOIN Account, ziftrCOIN can help you send Ziftr Coins to, and request and receive Ziftr Coins from, third parties pursuant to instructions you provide through the ziftrCOIN Site (each such transaction is a "Ziftr Coin Transaction"). You may initiate a Ziftr Coin Transaction by going to the ziftrCOIN Site, choosing to send or request, and entering the requisite information regarding the sender or recipient and the amount of ziftrCOIN to be transferred. ziftrCOIN will then communicate with the ziftrCOIN network on your behalf, as necessary, to facilitate each Ziftr Coin Transaction in accordance with your instructions.
6.2 ziftrCOIN may imposes limits on the number of Ziftr Coins that you may buy or sell in a given day. ziftrCOIN reserves the right to change the amount of ziftrCOIN that you may buy from, or sell to, ziftrCOIN as we deem necessary or appropriate from time to time.
6.3 ziftrCOIN reserves the right to refuse to process or to cancel any pending ziftrCOIN Transaction as required by law or in response to a subpoena, court order, or other binding government order. ziftrCOIN cannot reverse a ziftrCOIN Transaction which has been communicated to and confirmed by the ziftrCOIN network.
6.4 In the event that you conduct a ziftrCOIN Transaction for purposes of paying a Merchant (defined herein) for goods or services and that Merchant uses ziftrCOIN Services to provide you with a refund, such refund may be effected via a separate ziftrCOIN Transaction having a value equal to the transaction amount being refunded, as expressed in local currency (e.g., U.S. dollars), based on the then current Conversion Rate. As a result, you may receive less ziftrCOIN than you initially used to pay the Merchant. For information concerning the Conversion Rate.
6.5 If you initiate a Ziftr Coin Transaction by entering the recipient's ziftrCOIN address, ziftrCOIN will confirm that the ziftrCOIN address is valid; however, ziftrCOIN cannot confirm that the ziftrCOIN address belongs to the intended recipient. In the event you initiate a ziftrCOIN Transaction by entering the recipient's email address and the recipient does not have an existing ziftrCOIN Account, ziftrCOIN,will email the recipient and invite them to open a ziftrCOIN Account. If the designated recipient does not open a ziftrCOIN Account within 30 days, ziftrCOIN will return the ziftrCOIN associated with the transaction to your ziftrCOIN Account.
6.6 Although we intend to provide accurate and timely information on the ziftrCOIN Site, the ziftrCOIN Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the ziftrCOIN Site are your sole responsibility and we shall have no liability for such decisions.
6.7 You can use your ziftrCOIN Account to establish a customizable payment page (“Payment Page”) which will allow others to easily send Ziftr Coins to your ziftrCOIN Wallet. You may establish and customize your Payment Page through your ziftrCOIN Account settings, which will allow you to establish a user handle and associated Payments Page URL, upload a photo, and provide a short description. In establishing your Payment Page and uploading or adding any text, photo, or other material, you agree that you will not (i) post misleading materials or misappropriate the identity of another person or entity, (ii) post any copyrighted material which you are not authorized to post, or (iii) post any profane, unlawful, or offensive materials. ziftrCOIN, in its sole discretion, may disable your Payment Page and take other action in accordance with this Agreement if we believe you are in violation of the foregoing or abusing this service. ziftrCOIN, may reclaim user handles associated with dormant ziftrCOIN Accounts. ziftrCOIN does not guarantee or endorse the purported identity, message, or other information posted by a user to the user’s Payment Page.
7.1 You agree and acknowledge that we own all right, title and interest to and in the ziftrCOIN Services, the associated software, technology tools and content, the ziftrCOIN website, the content displayed on the website, and other materials produced by and related to ziftrCOIN (ziftrCOIN Materials). You are only permitted to use the ziftrCOIN Services to accept and receive payments, according to the terms herein. When you accept the terms, we grant you a personal, limited, revocable and non-transferable license to use the ZiftCoin Materials, without the right to sublicense. You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the ziftrCOIN Materials or any portion thereof, or use the ziftrCOIN Materials as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. You shall not prepare any derivative work based on the ziftrCOIN Materials, nor shall you translate, reverse engineer, decompile or disassemble the ziftrCOIN Materials.
7.2 From time to time, the ziftrCOIN Site may contain references or links to third-party materials (including without limitation websites) not controlled by us. We provide such information and links as a convenience to you. Such links should not be considered endorsements of these sites or any content, products or information offered on such sites and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the ziftrCOIN Site, including without limitation content, property, goods or services available on the linked sites.
8.1 You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services (Taxes). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.
9.1 Through the ziftrCOIN Services, ziftrCOIN enables Merchants to accept ziftrCOIN from customers as a method of payment, and processes the transfer of ziftrCOIN to Merchants from their customers. Merchants may also sell ziftrCOIN to, or buy ziftrCOIN from, ziftrCOIN, and otherwise utilize the ziftrCOIN Services, in the same manner as any other user. In addition to the other terms set forth in this Agreement, Merchants who utilize these Merchant Services are subject to this Section 9.
9.2 Once ziftrCOIN successfully processes a payment credit to a Merchant using the ziftrCOIN Services, a confirmation will be sent to the Merchant. Newly-boarded Merchants may be required to submit to additional verification procedures as necessary to verify that the Merchant operates a legitimate business. Until completion of such verification procedures, newly-boarded Merchants may experience delayed processing of ziftrCOIN Transactions or Exchange Service transactions. ziftrCOIN will designate any such delayed transaction as "pending," and funds will not be available in the Merchant's ziftrCOIN, Account until the pending transaction is completed. ziftrCOIN, reserves the right to refuse to process, cancel, or to reverse any Merchant transaction (i) as required by law, (ii) in response to a subpoena, court order, or other government order, or (iii) if ziftrCOIN reasonably suspects that the transaction is erroneous.
9.3 Merchants acknowledge and agree that ziftrCOIN has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that a Merchant may sell to customers using the ziftrCOIN Services. Each Merchant is responsible for handling customer inquiries related to the goods and/or services it sells to customers through the ziftrCOIN Services, except for inquiries related to payment for such goods or services which will be handled by ziftrCOIN.
9.4 Obligations of Merchants: In addition to the obligations set forth elsewhere in this Agreement, Merchants shall:
9.5 By mutual consent, we may publish your corporate name, artwork, text and logo (Merchant Content) on the ZiftrCoin website and promotional materials to acknowledge you as our customer. You represent and warrant to us that you have the right to provide the Merchant Content to us, and that the use, copying, modification and publication of the Merchant Content by us: (a) will not infringe, violate or misappropriate any copyright, patent, trade secret or other proprietary rights, (b) will not infringe any rights of publicity or privacy, and (c) will not be defamatory or obscene or otherwise violate any law.
9.6 Merchant Account Cancellation: If, in ziftrCOIN discretion, a Merchant is understood to take any action that ziftrCOIN, deems as circumventing ziftrCOIN’s controls, including, but not limited to, opening multiple ziftrCOIN, Accounts or abusing promotions which ziftrCOIN may offer from time to time, ziftrCOIN may cancel or suspend corresponding Merchant Account(s). ziftrCOIN,Merchant Account(s) may also be suspended or cancelled according to the procedure set forth (i) as required by law, (ii) in response to a subpoena, court order, or other binding government order, (iii) if the Merchant engages in any kind of restricted activity (iv) if ziftrCOIN, determines that Merchant’s Account activity presents a heightened risk of legal or regulatory non-compliance.
10.1 ziftrCOIN is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and ziftrCOIN to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or ziftrCOIN to be treated as the agent of the other.
10.2 From time to time, ziftrCOIN, may engage third parties to assist ziftrCOIN in providing certain aspects of the ziftrCOIN Services (each, a "Service Provider"). Service Providers may include, but are not limited to, banking partners and technology or engineering service providers.
10.4 If you receive information about another user through the ziftrCOIN Services, you must keep the information confidential and only use it in connection with the ziftrCOIN Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the ziftrCOIN Services.
11.1 You may close your ziftrCOIN account at any time. You will still be obligated to us for any fees incurred before the closure and we will remit to you funds not yet paid to you and associated with pre-closure sales. If your account balance is below our documented minimum transfer amount, you may be responsible for any transactions fees that may be incurred in the funds transfer.
11.2 We may terminate these terms and close your account, at our discretion, upon notice to you via email or phone communication. We may also suspend your access to the Services if we suspect that you have failed to comply with these terms, pose an unacceptable fraud risk to us, or if you provide any false, incomplete, inaccurate or misleading information. We will not be liable to you for any losses that you incur in connection with our closure or suspension of your account.
11.3 If your ziftrCOIN account is closed, you agree: (a) to continue to be bound by these Terms, (b) to immediately stop using the ziftrCOIN Services, (c) that the license provided under these Terms shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that we shall not be liable to you or any third party for termination of access to the ziftrCOIN Services or for deletion of your information or account data.
12.1 If you think we have made an error, contact us at our contract page. In your correspondence, you must give us information sufficient to identify you, your ziftrCOIN Account, and the transaction on which you believe an error occurred. You must contact us within 30 days after the transaction occurred. We will use our best efforts to either correct the error or explain to you why we believe the transaction was correct within 30 days of receiving your request.
12.2 Arbitration; Waiver of Class Action. EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF OR CLAIMS REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY COMPETENT COURT WITHOUT THE POSTING OF A BOND), ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE FINALLY SETTLED ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND ZIFTRCOIN, HEREBY EXPRESSLY WAIVE TRIAL BY JURY. THE ARBITRATION SHALL TAKE PLACE IN NEW HAMPSHIRE, IN THE ENGLISH LANGUAGE AND THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. AT YOUR REQUEST, HEARINGS MAY BE CONDUCTED IN PERSON OR BY TELEPHONE AND THE ARBITRATOR MAY PROVIDE FOR SUBMITTING AND DETERMINING MOTIONS ON BRIEFS, WITHOUT ORAL HEARINGS. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THIS AGREEMENT SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. ADDITIONALLY, YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
12.3 Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with ziftrCOIN must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
13.1 Limitations of Liability. IN NO EVENT SHALL ZIFTRCOIN, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ZIFTRCOIN, SITE, THE ZIFTRCOIN, SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. THE LIABILITY OF ZIFTRCOIN, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LOWER OF (A) THE ACTUAL AMOUNT OF DIRECT DAMAGES; OR (B) FEES PAID TO ZIFTRCOIN, BY YOU IN THE PRECEDING THREE (3) MONTHS.
13.2 Release of ZiftrCoin. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE ZIFTRCOIN SERVICES, YOU RELEASE ZIFTRCOIN, ITS AFFILIATES AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND REPRESENTATIVES 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.
13.3 No Warranty. THE ZIFTRCOIN SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. ZIFTRCOIN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZIFTRCOIN DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF ZIFTRCOIN SERVICES, AND OPERATION OF THE ZIFTRCOIN SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ZIFTRCOIN WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR ELECTRONIC DEBITS AND CREDITS INVOLVING BANK ACCOUNTS, CREDIT CARDS, AND CHECK ISSUANCES ARE PROCESSED IN A TIMELY MANNER BUT ZIFTRCOIN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE THE ZIFTRCOIN SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BANKING SYSTEM OR THE U.S. OR INTERNATIONAL MAIL SERVICE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
13.3 Indemnification. You agree to indemnify and hold ziftrCOIN its affiliates and Service Providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of this Agreement, (ii) your use of ziftrCOIN Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.
13.4 Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and ziftrCOIN, as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and ziftrCOIN, .
13.5 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ziftrCOIN, without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the ziftrCOIN Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
13.6 Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
13.7 Change of Control. In the event that ziftrCOIN is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
13.8 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, Sections 3, 5, 6, 8 11 and 12, shall survive the termination or expiration of this Agreement.
13.9 Governing Law. This Agreement will be governed by the law of the State of New Hampshire except to the extent governed by federal law.
13.10 Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.