CoinGecko Premium Membership Terms and Conditions

(“Premium Terms of Use”)

Latest Version Effective Date: 5 September 2024

Gecko Labs Pte. Ltd. (“CoinGecko”, “we”, “our”, “us” or “Company”), a private limited company incorporated under the laws of Singapore bearing UEN 201510008G, operates a website at coingecko.com (“Website”), pursuant to which certain sections, features, functions, associated platforms and channels (such as, but not limited to, chat groups) are accessible only to our subscribed members.

All use of our Site (as defined in Section 1 below), and any part, feature or function thereof, shall be subject to our Website Terms of Use, our Privacy Policy, CoinGecko Disclaimer, as well as any other terms of service (including rules and guidelines) that may be implemented from time to time in relation to our Site. In addition, if you wish to access our members’ only sections, features, functions, channels and platforms associated with our Site, you will need to subscribe for membership and be subject to the terms of this Premium Terms of Use. Accordingly, when you register for a membership, you will be bound by our Website Terms of Use, Privacy Policy, and these Premium Terms of Use, which shall collectively constitute the “Agreement” binding you to CoinGecko in relation to your said membership.

CoinGecko reserves the right at its sole discretion to amend any provision of the Agreement (including this Premium Terms of Use) at any time without any prior notice to you, and you agree that it is your responsibility to check for the updated terms of the Agreement on our Website regularly. In any event, by continuing to use any aspect of our Site or membership services/products/features, you will be deemed to have accepted all amendments to the Agreement as may be implemented by CoinGecko from time to time. If you do not wish to be bound by the Agreement, please do not use any aspect of our Website or membership services/products/features, terminate your membership, delete your account with us, and cease all access to and use of our Website, products, features and services immediately.

Definitions
1. In this Premium Terms of Use, the following terms shall bear the following meanings:
  - “Account” shall refer to your personal account that is created when you subscribe to our Premium Program, and pursuant to which you will be permitted to login for access to the Members’ only webpages, functions, features, channels, platforms, and other benefits associated with your Membership.
  - “Ad” shall refer to banner insertions and other similar forms of advertising/promotional materials from third parties displayed on our Website from time to time.
  - “Content” shall refer to all information, data, write-ups, e-books, articles, graphics, photographs, videos, interviews, visual and audio content found on our Website, including without limitation Site Content, Updates, postings, writings, video, audio or opinions from or by others (including without limitation Members, non-members, our personnel, and/or third party consultants).
  - “Personal Data” shall refer to all information that can be used singly or in conjunction with other available (or likely to be accessible) information to identify an individual, including without limitation, name, birthdate, telephone number, email address, residential address and credit card details.
  - “Premium Program” shall refer to our subscription based membership program pursuant to which Members shall enjoy certain features, products and services made available via our Website or associated app, channels or platforms (collectively, “Member Sites”) not otherwise available to non-Members, such features, products and services being further described on https://www.coingecko.com/en/premium/pricing, which you agree we are entitled, from time to time, in our sole discretion to vary, update, suspend, remove, or add to at any time without prior notice or liability to you.
  - “Premium Membership” or “Membership” shall refer to your membership to our Premium Program.
  - “Member” shall refer to a subscriber of our Premium Program.
  - “Membership Services” shall refer to all of the services, products, features, functions or benefits available with your Membership, whether provided at no extra cost as part of your Membership benefits or with additional fee payable.
  - “Site” shall refer to the Website, hyperlinked sites, associated applications, forums, blogs, chat groups, social media accounts and other related platforms and channels.
Registering for Membership, your Account and Personal Data
1. You warrant that you are at least 18 years of age if you are registering for Membership, and that all information (including without limitation Personal Data) provided are accurate, complete and correct, and you consent to us storing and using such information for the purpose of our managing your subscription to and providing you with the benefits of the Premium Program. You further undertake to promptly notify us in the event that any of your provided Personal Data change. We are not responsible for any error made as a result of any information provided by you being inaccurate. Furthermore, we reserve the right to immediately terminate your Membership in the event that any crucial (as determined by us in our reasonable discretion) information provided by you is incorrect or your withdraw your consent to us storing or using your provided information as may be necessary for us to manage your Membership or provide you with Membership benefits.
2. Your Account is personal to you only, and cannot be transferred to, accessed or used by any other person. You therefore undertake to keep your login identification and password strictly confidential and secure, and in the event of any suspected compromise or leak, to immediately change your password and/or notify us accordingly.
3. You agree that you will take full responsibility for any action or omission that occurs via your Account, and we will have no obligation whatsoever to howsoever verify that any act, omission, transaction or instruction is from you or authorised by you.
Fees and Membership Benefits
1. The duration of, and fees payable for, Membership to our Premium Program is as set forth on https://www.coingecko.com/en/premium/pricing, such fees being payable in advance (either monthly or annually, depending on your selection). We fully reserve the right to amend our fees, payment schedule or payment mode in our sole discretion from time to time, however, any such amendments shall not affect the period for which you have already paid in advance. Thereafter the period for which you have paid lapses, the fees, payment schedule and payment terms for your continued Membership shall be pursuant to our amendments.
2. The duration of your Membership shall be pursuant to the plan you select, and in the absence of renewal, your Membership shall automatically terminate on the last day of your paid subscription period. We have no responsibility to remind you to renew, and you agree that it is your own responsibility to monitor the duration and expiration of your Membership.
3. All Membership fees will be in United States Dollars (USD), regardless of where you are located. Accordingly, if you located in a country whose transactional currency is not USD, you may be charged international conversion rates and be subject to an exchange rate. For certain credit cards and payment portals, additional administrative costs may also be levied. In such situations, you will need to pay any additional fees (on top of the Membership fee) that may be imposed in this regard.
4. Membership fee payments (and any other fees that may be payable for additional products or services) are transacted through and processed by a third party payment gateway linked to our Website. By making payment via such third party payment gateway, you are also agreeing to the third party payment gateway’s terms and conditions. If you have concerns about the safety or otherwise of your Personal Data, credit card details, security of the transaction etc., you will need to read the terms and conditions of the third party payment gateway before you make any payment. While we will use our reasonable commercial endeavours to ensure the safety of information you provide through our Website and where held by us, we cannot directly control the information you provide to or is held by third party sites such as the payment gateway and will therefore not be howsoever liable (including without limitation any fraud committed in relation to your payment card) in this regard. We reserve the right to change the third party payment gateway linked to our Website for transacting payments at any time in our sole discretion without any notice or liability to you.
5. Any and all sums due and payable to us in association with your Membership and/or your Account must be by the means specified on our Website without any set-off, deduction or counterclaim.
6. All features, functions, benefits, services, and products provided under our Premium Program are described on https://www.coingecko.com/en/premium/pricing, and you agree that we may at any time from time to time in our sole discretion amend, vary, add to, suspend, remove or cease the provision of any such features, functions, benefits, services, and/or products without any prior notice, reference or liability to you, nor will any refund (whether in whole or in part) of any fees that you have paid be made to you.
7. You can contact us regarding your Membership by submitting a support request at https://support.coingecko.com/hc/en-us/requests/new.
8. You are entitled to delete your Account and/or terminate your Membership at any time, however, no refunds (whether in whole or in part) will be provided to you.
Our Site Content
(A) General
1. No information, write-ups, listings, prices, events, ICO data, photographs, pictures, graphs, charts, articles, news updates, budgets, forecasts, token swap market values, project information, testimonials, status, team information of any company, advertisements, data, analysis, reports, media files, APIs, loyalty rewards write-ups, and other content on our Site (collectively, “Site Content”), or our newsletters, EDMs, marketing materials, promotional updates, API updates, support patches, messages (via any channels), or other emails (collectively, “Updates”) which you may have viewed, subscribed to or downloaded via our Site or Premium Program or received in your Account or email or chatgroup, constitutes advice of any kind, including but not limited to financial advice, trading advice, investment advice, insurance advice, legal advice or any other form of advice for which a license to provide such advice may be required under applicable law.
2. The Content on our Site is meant to provide information regarding CoinGecko, our products, our services, NFTs, our membership or loyalty points scheme, our loyalty or membership benefits, our APIs, our applications, prices or market value of cryptocurrencies, tokens, coins, rankings, trade volume data, new ICOs, new coin launches, and other information related to digital currency. The aforesaid information constitutes general knowledge only, and are not meant for any reliance howsoever for any purpose of any kind whatsoever by you. You are therefore strongly advised to procure your own checks and professional advice before you decide to make any trade, investments or swaps as no Content constitutes any trading or investment advice or guarantees of any kind (including but not limited to guarantees on gains/benefits/returns). For the avoidance of doubt, we make available the Content and third party products on our Site based on information and/or products (such as token swap functionalities) procured from third party sources. Even though such third parties may have agreed or declared that all information and products that they provide will be correct and/or secure, and we have done our reasonable checks as may be commercially practicable before uploading such Content and products onto our Site, we are not able to provide any warranties thereon.
3. Our Content may contain information on third party products and services, in particular but not limited to ICOs, third party coins, tokens and secure identity vaults (such as MetaMask). However, this does not imply any association with or endorsement by such third parties, even if certain functionalities on our Site requires the use of such third party products. The content of such third party services and products as stated on our Site and in our Updates are based on information made publicly available or by such third parties to us, and we therefore make no representations or warranties on the accuracy or updatedness of such third-party service/product related information. You are encouraged to conduct your own checks on any such third party products or services that you see on our Site and/or our Updates before subscribing to, registering an account for, installing, trading, swapping, investing, purchasing or using any such third party products/services, whether from third party sites or via our Site.
4. Our Content will contain information from third party companies that are seeking to raise funds via ICOs (“Fundraisers”). The information on such Fundraisers in our Content is made available by the Fundraisers themselves or procured from third party public resources. The listing of Fundraisers on our Site does not indicate any express or implied endorsement by our Company of the services, products or creditworthiness of the Fundraisers.
5. Weblinks to Fundraisers’ websites may also be provided in our Content. Such weblinks are to provide more information regarding the Fundraisers and their ICOs, however, these weblinks do not constitute any endorsement of the Fundraisers or their products or services by the Company, nor do such weblinks create any form of association or relationship between our Company and the Fundraisers.
6. Reviews of our services, products, Content, ICO opportunities, trading opportunities, Fundraisers, our Site, and other matters related to our Company provided by individuals or third party companies as reflected in our Content are the personal views of such individuals or third party companies, and do not represent the view of the Company, nor any implied endorsement or recommendation by the Company. Such reviews are also not to be deemed as any warranty, express or implied, of the quality or efficacy of the reviewed products, services or other subject-matter.
7. As part of our provision of information regarding cryptocurrency, utility tokens, digital coins/currency, ICOs that do not amount to an offering of securities or securities-tokens, and other related digital currency information on our Site, our Content may contain videos and podcasts (or links to such videos and podcasts) pertaining to the aforesaid subject-matter made available via YouTube, or the use of YouTube API Services (as defined in the YouTube Terms of Service). In order to access such podcasts and videos, you must agree to be bound by the “YouTube Terms of Service” found at https://www.youtube.com/t/terms. In the event that you do not agree with any of the terms and conditions therein the YouTube Terms of Service, you are not permitted to access the aforesaid videos and podcasts (or weblinks thereto) found on our Site and in our Content.
8. Any monetary figures cited in our Content may have been converted from local currency to United States Dollars, or from one currency to another, using internet currency conversion sites, and such values may therefore vary or be subject to change depending on the rates provided by different currency conversion sites.
9. Where the Content contained on our Site are derived from non-English language sources, translations into English may have been done using language conversion tools. As such, our Company assumes no legal liability for any inaccuracies or misunderstandings due to translations.
10. We may make available limited trial services via our Site and/or our Updates. You agree that when you contact us for any such free trial services, it is not guaranteed that such free trial services or certain features thereto will definitely be made available to you, or the trial period may be different from what may have been published on our Site, our Updates or on other third party channels.
11. Promotions, trial usage, and discounts (if any) as featured on our Site and/or our Updates are for limited time-periods only and subject to specific terms and conditions indicated as may be applicable in order to enjoy such promotions, trial usage, and/or discounts. Once a promotional or trial period expires, you are no longer eligible to participate in such promotions or trial usages, and our Company is not howsoever obligated to provide any such previously offered privileges, trial usage or discounts to you even if you have contacted our Company with queries during the promotional period.
(B) Membership Rewards Scheme
1. Without limiting the generality of the provisions thereunder Section 4(A) above, part of our Site Content includes information on and the availability of a Membership rewards scheme (“Rewards Scheme”) which includes rewards currently known as “CoinGecko Candy” and “CoinGecko Premium NFT” (or such other name as may be determined by our Company in its sole discretion from time to time), as well as access to Members’ only newsletters, chat group, e-books, and ad-free use of the Website. You agree that we are entitled to howsoever alter, add to, remove or vary the Rewards Scheme, its method of calculating benefits thereunder, redemption methods, discounts, and/or its entitlements without any prior notice or liability to you. In the event that you are dissatisfied with any such variations or discontinuation, you agree that your sole exclusive remedy will be to terminate your Membership, however, no refund of any kind (in whole or in part) will be provided to you with regards to any fees that you may have already paid, or is owing, to CoinGecko.
2. Without prejudice to the generality of Clause 4.12 above, CoinGecko retains full sole discretion to howsoever vary, amend, suspend, or discontinue; (i) any privileges thereunder the Rewards Scheme and/or Premium Program, including without limitation discontinuing redemption for any product even if you have used your membership or loyalty points (or “Candies”) to redeem such product (in which case CoinGecko reserves the right to substitute such discontinued product with another item of similar value or to credit back the Candies that you have used for such redemption), and (ii) the governing rules, implementation, operation, variation and discontinuation of any Rewards Scheme that our Company has made available or may make available from time to time, including without limitation determining when and how many membership or loyalty points should be awarded, to not approve any redemptions using any membership, rewards or loyalty points, amend the number of membership, rewards or loyalty points required for any redemption, remove or discontinue redemption products, and/or choose not to reward any persons who participates in any games or activities for membership rewards or loyalty points, or other gains.
3. All redemptions, discounts, promotions, vouchers, and other privileges available thereunder the Rewards Scheme are made available “AS IS” by our Company and our collaborating business partners, without any warranties of any kind, whether implied or express, including without limitation quality, availability, merchantability or fitness for purpose (even if our Company has been notified in advance of such purpose).
Restrictions on Content in Interactions and Postings
1. You agree to use our Site and any Membership benefits (including without limitation chatgroups) respectfully and in compliance with the law. Accordingly, if it comes to our attention that any of your messages, postings, interactions and/or other Content howsoever provided to or through our Site, our chatgroups or other members of our Premium Program breaches any applicable laws, regulations or code of conduct as set forth in Clause 5.2 below, we are entitled to immediately suspend or terminate your access to your Account, our Site and/or any Membership products, services or benefits, without any notice or liability to you, and no refund (whether in whole or in part) will be provided to you.
2. You undertake to comply with the following code of conduct when using our Site, posting on any part of our Site, interacting with any of our employees, consultants, other users, other members, or howsoever making available any information via your Account. Accordingly, you agree that you will not use or allow anyone else to use your Account or any part of our Site or other associated platforms or channels to post, communicate, or howsoever disseminate any information which is or may:
  1. be malicious or defamatory;
  2. be obscene, offensive, harassing, threatening or violent;
  3. be sexually explicit or pornographic;
  4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
  5. cause the impression that it originates from us or that you are connected with us or that we have endorsed you or your business;
  6. solicit passwords or personal information from anyone;
  7. promote multi-level marketing products;
  8. be used to sell any goods or services or for any other commercial use;
  9. be excessive or repeated off-topic messages to any forum or group; or
  10. be linked to any of the materials specified above, in this paragraph; and
  pursuant to the code of conduct as set forth above in this Clause 5.2, we may reject, remove or delete any messages, uploads or postings from you that breach any of the above prohibitions.
3. You undertake to comply with the following code of conduct when using our Site, posting on any part of our Site, interacting with any of our employees, consultants, other users, other members, or howsoever making available any information via your Account. Accordingly, you agree that you will not use or allow anyone else to use your Account or any part of our Site or other associated platforms or channels to post, communicate, or howsoever disseminate any information which is or may:
  1. hyperlinks, other than those specifically authorised by us;
  2. keywords or words repeated, which are irrelevant to the content that you put forth;
  3. the name, logo or trademark of any organisation that do not belong to you or are not licensed to you; and/or
  4. inaccurate, false, misrepresentative, or misleading information.
4. In the event that you breach the prohibitions in Clauses 5.2 and/or 5.3, we reserve the right to immediately suspend your access to the Site, and/or in cases of severe or repeated breaches (as determined by us in our sole discretion), terminate your Account and Membership, without any prior notice or liability to you, and no extension of your Membership period or refund of any kind will be provided by us.
Handling of your Content accessible to the Public
1. For the avoidance of doubt, where any of your Content is subject to privacy protection, your Content will be handled as per our Privacy Policy accessible at https://www.coingecko.com/en/privacy, provided that you do not make such Content accessible to others on our Site. In the event that you voluntarily make available or accessible to others on or via or in association with our Site or Premium Program (including without limitation in chatgroups) any Content that contains your Personal Data or private information, such Personal Data or private information will not be handled by us pursuant to our Privacy Policy and will not protected under our Privacy Policy.
2. You understand and agree that if you upload, post or howsoever make available Content to any public area (including without limitation forums, bulletin boards and blog spaces) of our Site or on any other associated platforms or channels (such as chat groups and social media pages), it becomes available in the public domain as they will be viewable by other Members of the Premium Program. We have no control over who sees it or what anyone does with it.
3. To further clarify, even if access to your Content is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid posting unnecessary sensitive or confidential information.
4. We require the freedom to be able to promote, publicise, develop, and improve our Premium Program and your use of our Premium Program, associated services and products. Accordingly, you irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on our Site or associated platforms, in public domains, in any medium platform and channel (including without limitation any feedback that you provide to us). You represent and warrant that you are authorised to grant all such rights.
5. We will use the licence you provide thereunder clause 6.4 to us only for commercial purposes of the business of our Premium Program.
6. You agree to any act or omission (and therefore you agree to waive any objections thereto) committed by us in relation to our use of your Content pursuant to clauses 6.4 and 6.5 above which may otherwise infringe any of your rights, including without limitation your right to be attributed as the author, and your moral right to object to derogatory treatment of your Content as may be available to you under any applicable laws.
7. Your providing or posting Content of any sort does not change the ownership of the copyright in it. We have no claim over it and you understand that we will not protect or monitor your rights for you.
8. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been made available by you.
9. You accept all risk and responsibility for determining in your discretion whether any Content is in the public domain and not confidential. We will have no obligation nor required to render any type of assistance in this regard.
10. There is no obligation, nor do we assume responsibility, of any kind on our part to monitor, police, or record the activity of any Member for any purpose. Nonetheless, we reserve the right to do so (should we in our sole discretion decide) without notice or reason or liability to you.
11. In the event that you are offended by any Content (whether from us or any other person):
  1. Fill in fully all information requested by the online form on our Website at https://support.coingecko.com/hc/en-us/requests/new and submit it via the mode indicated on our Website;
  2. In the event that we require further information from you, please provide the same to us promptly;
  3. Thereafter, we will remove the offending Content as soon as is reasonably practicable for us; and
  4. We will then further investigate and assess in our sole discretion, and we may thereafter reinstate the offending Content, or leave it permanently removed from our Site;
  Nonetheless, you agree not to howsoever hold us liable in any manner regardless of our final decision and/or action (or non-action). In the event that you wish to pursue any legal claim or action, you agree that you will proceed directly against the person who provided the offensive Content without howsoever implicating or involving CoinGecko or any of its personnel or officers.
12. In the event that any complaint made by you turns out to be either frivolous or vexatious, you undertake to fully defend, hold harmless and indemnify us for any costs, fees and damages that we may incur, including without limitation legal fees (on a solicitor-client basis) and any damages claimed by the person whose Content you had objected to.
13. You further agree that in relation to any complaint made by you or any person on your behalf, whether using our online form or otherwise, you will irrevocably grant to us a licence to publish your said complaint and all ensuing correspondence and communication, without any restrictions or compensation of any kind to you.
Integrity of Our Premium Program and Site
1. You undertake not to, nor will you howsoever assist (directly or indirectly) another person or entity to:-
  1. copy, duplicate, reproduce, alter, modify, hack, or howsoever cause damage (whether intentionally or unintentionally) our Site, our Website, associated platforms, channels, Premium Program, or any part or component (including without limitation any underlying software or data of any other Members) of any of the foregoing;
  2. link to any part of our Site, our Website, associated platforms, channels, Premium Program, any services or products thereto, or any part of the foregoing, in any way that would cause the appearance or presentation of our Site, Website, any webpage interface, or Premium Program benefits, products, or services to be different from what would be seen by a user who accessed our Site by logging in as a Member from an internet browser (whether on a computer or mobile device);
  3. save or download any part of our Site or associated platform or channels, or any Content thereto, without our prior written consent;
  4. aggregate, copy, duplicate, collect or use any information obtained from or about our Site or associated platforms or channels or the Content thereon, except for your personal informational use as intended by this Agreement, the purpose for which Premium Program is provided to Members and as is reasonably necessary for your use of our services and products thereunder the Premium Program; and/or
  5. share with a third party any login credentials to our Site or Premium Program.
2. Notwithstanding clause 7.1 above, we grant to you a revocable, personal, non-transferable limited licence during the subsistence of your subscription to our Premium Program to copy and save one copy of any Content for your personal viewing and use so as to provide you with further information regarding digital currency and the crypto-market, subject however to any limitations as may be stated with regards to specific Content (as an example but without limitation, where it is indicated at any e-book access link that the e-book cannot be downloaded and can only be read online during the subsistence of your subscription of your Membership, yet you attempt to save or download a copy of the said e-book, you shall be deemed to have breached the licence granted to you hereunder this clause 6.2).
Disclaimers and Limitation of Liability
1. All content (including the Content) provided herein our Site is for your general information only, procured from third party sources. We make no warranties (directly or indirectly, express or implied) of any kind in relation to our content, services, and hyperlinks, including but not limited to accuracy and updatedness. No part of the content that we provide constitutes financial advice, legal advice or any other form of advice meant for your specific reliance for any purpose. Any use or reliance on our content and third party links is solely at your own risk and discretion. You should conduct your own research, review, analyse and verify our content and hyperlinked third party content before relying on or using them. Trading of any kind is a highly risky activity that can lead to major losses, please therefore consult your financial advisor before making any decision. No content on our Site is meant to be a solicitation or offer.
2. While we have exercised due care in the preparation of all content displayed and/or made available on our Site and all associated platforms and channels, such content, data, information, Content and materials are provided “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE”. Information pertaining to third parties (such as Fundraisers) are provided by the third parties themselves and/or third party sources that feature information regarding the Fundraisers.
3. YOUR USE OF OUR SITE, OUR PREMIUM PROGRAM, OUR CONTENT, OUR REWARDS SCHEMES (INCLUDING WITHOUT LIMITATION OUR NFTS AND ‘CANDIES’), AND OUR UPDATES, AS WELL AS YOUR VIEWING, DOWNLOADING OF CONTENT (INCLUDING BUT NOT LIMITED TO E-BOOKS, NEWSLETTERS, COINGECKO VIDEOS, WHETHER ON YOUTUBE AND/OR OTHER PLATFORMS), IS AT YOUR OWN DISCRETION AND RISK. OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, ACCURACY, UPDATENESS, NON-OMISSIONS, CONTINUED ACCESSIBILITY, CONTINUED REDEEMABILITY, REDEMPTION METHODS, CLARITY, RESOLUTION, NON-INTERRUPTEDNESS, SPEED, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), CORRECTNESS OF FINANCIAL DATA AND TRADING VOLUME, TRADING RETURNS, ACCURACY OF TOKEN SWAPS, SECURITY OF TRANSACTIONS, PROJECTED INVESTMENT/SUBSCRIPTION RETURNS, FAILED ENCRYPTION OR FAILURE TO ENCRYPT, DATA CORRUPTION, QUALITY OR QUANTITY OF REDEMPTION REWARDS, THE ACTS OR OMISSIONS OF OTHER USERS (WHETHER MEMBERS OR OTHERWISE) OF OUR SITE, OR RELIABILITY OF OUR SITE, OUR SITE SERVICES, OUR CONTENT OR OUR UPDATES, INCLUDING BUT NOT LIMITED TO THEIR SAFETY OR SECURITY, FREEDOM FROM COMPUTER VIRUSES, WORMS, TROJAN HORSES, AND FULLPROOF SECURITY AGAINST THIRD PARTY HACKERS.
4. IN ADDITION, OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE CORRECTNESS OF OUR CONTENT OR SITE SERVICES, THAT ANY ERRORS IN ANY PART OF OUR CONTENT OR SITE SERVICES WILL BE CORRECTED, THAT RESOLUTIONS WILL BE ENHANCED, MERCHANTABLITY, QUALITY, TIMELINESS OF DELIVERY, USABILITY, CONTINUED AVAILABILITY OF REDEMPTION AWARDS, AVAILABILITY OF BENEFITS SUCH AS CANDIES, NFTS OR OTHER REWARDS, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), SUITABILITY FOR SPECIFIC VIEWING REQUIREMENTS, RETURNS ON INVESTMENTS, ACCURACY OF ANALYSIS, SOUNDNESS OF OPINIONS (INCLUDING WITHOUT LIMITATION ANY OPINIONS ON ANY CRYPTOCURRENCY, COINS, TOKENS OR OTHER DIGITAL ASSETS), CREDITWORTHINESS, FINANCIAL STATUS, QUALITY OF SERVICES/PRODUCTS OF FUNDRAISERS, SECURITY OF TOKEN SWAPS, MARKET VALUE ACCURACY, ACCURACY OF FINANCIAL INFORMATION (INCLUDING PROJECTIONS, BUDGETS AND FORECASTS), ACCURACY OF CREDIT CHECK RESULTS, RATINGS AND OTHER DUE DILIGENCE REPORTS, THE ACTS OR OMISSIONS OF OTHER USERS OF OUR SITE, NON-INFRINGEMENT OR RELIABILITY OF ANY WRITE-UPS, PRODUCTS OR SERVICES DISPLAYED ON OUR SITE, OUR SITE SERVICES AND/OR IN OUR UPDATES. YOU, AT YOUR OWN VOLITION AND DISCRETION, USE OUR SITE SERVICES, ACCESS OUR CONTENT, JOIN OUR PREMIUM PROGRAM, ENTER INTO SUBSCRIPTIONS, SIGN-UPS AND/OR ENTER INTO OTHER TRANSACTIONS VIA OUR SITE AFTER HAVING DONE YOUR OWN DUE DILIGENCE CHECKS AND WITH DUE CONSIDERATION, AND THEREFORE ALL SUBSCRIPTIONS, SIGN-UPS, AND/OR OTHER TRANSACTIONS ARE AT YOUR SOLE RISK AND VOLUNTARY ASSUMPTION OF LIABILITY.
5. Any credit checks, ratings, litigation history, key personnel reports, or other information that may be provided in our Content in relation to any third parties (including but not limited to Fundraisers) where such information is not provided by the Fundraiser itself are based on third party websites, service providers and bureaus, and we are therefore unable to warrant or undertake any liability on the reliability, validity and accuracy of such third party reports.
6. IN NO CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED AT LAW, SHALL OUR COMPANY NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, LOSS, LOSS OF CUSTOMERS, LOST PROFITS, LOST INTEREST PAYMENTS, LOST PRINCIPALS, LOST BUSINESS, LOST OPPORTUNITIES, LOSS OF INVESTMENTS, LOST DATA, DAMAGED EQUIPEMNT, COST OF SERVICING OR REPAIR OR REPLACEMENT OF TABLET, SMART PHONES, MOBILE PHONES, COMPUTERS, LAPTOPS, OR OTHER EQUIPMENT, SPECIAL DAMAGES, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, HOWSOEVER ARISING OR SUFFERED AS A RESULT OF ANY USE (OR INABILITY TO USE) OF OUR SITE OR OUR UPDATES OR CONTENT OR SITE SERVICES OR OUR SERVICES OR OUR PRODUCTS, OR OUR COMPANY’S BREACH OF ANY PROVISION HEREIN THIS PREMIUM TERMS OF USE OR OTHER PROVISIONS OF THE AGREEMENT, OR MISREPRESENTATION OR NEGLIGENCE OR FRAUD BY ANY FUNDRAISERS, WHETHER DUE TO VIRUSES OR THIRD PARTY HACKERS OR EMBEDDED MALWARE, OR ANY RELIANCE ON OR USE OF THE INFORMATION, CONTENT, THIRD PARTY LINKS, THE SERVICES OR PRODUCTS INTRODUCED OR DESCRIBED HEREIN OUR SITE, OUR SITE SERVICES, OUR PREMIUM PROGRAM, OR OUR UPDATES EVEN IF OUR COMPANY HAS BEEN ADVISED OF SUCH USE OR RELIANCE IN ADVANCE.
7. Our Company further disclaims any and all liability for any losses or damages that you may incur as a direct result of accessing or howsoever using (including but not limited to storing of information on or from) any part or feature of our Site, our Content, our Premium Program, our Rewards Scheme, our services, or our products, including but not limited to any virus, trojan horse, malware or worm attacks on your tablet, smart phone, or computer.
8. For the avoidance of doubt, at all times, our Company acts primarily as an information service provider with ancillary services such as decentralized token swaps, and never as a sales representative, trading broker, intermediary, agent, principal, financial advisor, exchange, brokerage, clearing house or trading platform of any kind or capacity for which a licence from the Monetary Authority of Singapore may be required. Without limiting the generality of the aforegoing, the availability of coin purchase and token swapping functionalities on our Website (whether via a hyperlink from our Website to a third party site, a referencing of a third party site, or otherwise) does not render our Site a trading platform for securities as only selected cryptocurrency and tokens (which do not constitute securities as defined in the Securities and Futures Act) can be swapped in a decentralized manner. Accordingly, no information in our Content is to be regarded as an offer, solicitation, or an invitation to treat by our Company. Nothing in our Content constitutes any advice or recommendation to subscribe to any particular ICO or Fundraiser, trade in any digital coins, purchase any tokens or perform any token swaps. Should you wish to subscribe to any particular ICO, please contact the relevant Fundraiser directly. Similarly, should you wish to trade in any specific coins, please contact your broker or trade via the relevant coin exchange platforms accordingly. If you wish to conduct a decentralized token swap using any of our third party provided/hyperlinked token swap functionalities, please conduct your own checks (including the third party’s terms and conditions) to satisfy yourself that your intended swap should be performed before so doing. Accordingly, you agree that our Company bears no liability whatsoever to you in relation to any subscription, product (including coin) purchase, trade or swap that you carry out at your sole risk and discretion.
9. You are strongly encouraged to conduct your own due diligence checks and procure your own professional advice before subscribing, trading, purchasing, using our CoinGecko API, swapping any tokens, or entering into any transactions due to use of or access to our Site. You should only enter into any transaction after due and careful consideration, understanding the risks, and having considered whether you are able to bear such risks of losses. It is therefore in your total and sole discretion as to whether to use any of our Site Services, swap, trade, purchase and/or subscribe to any ICOs listed on our Site. You are at no time under any duress from our Company, Fundraisers and/or any other users of our Site to trade, swap, purchase, subscribe and/or enter into any transactions. Therefore, you agree that you voluntarily assume all risks and full liability in all your transactions, and undertake that you shall not howsoever hold the Company liable or responsible whatsoever in the event of any damages or losses suffered, including but not limited to losses that you may suffer due to misrepresentation, negligent information or fraudulent acts of any Fundraisers.
10. In the event that our Company’s liability to you in relation to our Site, our Premium Program, our Rewards Scheme, our Content, products and/or services featured on our Site, associated platforms and channels, cannot be fully disclaimed, you agree that our Company’s total liability to you shall not exceed US$50, which you agree is a reasonable compensation amount taking into consideration the limited nature of our Company’s services and the subscription fees you pay. Accordingly, you agree that upon receipt of US$50 from the Company, you will waive all rights against the Company and will make no further claims of any kind whatsoever against the Company.
11. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Site (even if procured from one of our consultants in our chatgroups or any analysis or opinion howsoever provided by us) or receive directly from a third party as a result of an introduction via our Site. You must make your own enquiries regarding your individual circumstances before applying any information or otherwise obtained from our Site and we disclaim all responsibility in this regard.
12. At no times will CoinGecko or any of its related companies or their respective officers be howsoever liable to you in relation to the performance of the Premium Program or CoinGecko’s performance of this Agreement where any such failure in performance or a breach of this Agreement is due to a force majeure event. A force majeure event includes without limitation, pestilence, disease, pandemics (including Covid19), natural disasters, catastrophes, riots, acts of terrorism, civil unrest, enactments of laws or regulations, government restrictions, and unavailability of utilities such as telecommunications services and electricity.
13. Our Site may contain links to other third party Internet websites (“Third Party Sites”). We do not have power or control over any Third Party Sites and you acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such Third Party Sites.
14. We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Site or any Third Party Sites.
15. From time to time we may arrange Membership events on Third Party Sites like Facebook, Zoom or other platforms. In attending these events you will be responsible for your internet security and passwords and we shall not be liable for any loss or damage arising from use of such platforms to attend Membership Events.
Indemnification
1. You (and any entity that you represent) agree to defend, hold harmless and indemnify CoinGecko, its related companies, subsidiaries, affiliates, their respective officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your use of our Site, our Content, our Premium Program, our Rewards Scheme, our Website, any associated platforms or channels, or any part thereof, or breach of any provision of this Premium Program Terms of Use, our Privacy Policy and/or Website Terms and Conditions, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, settlement fees, legal fees (on a solicitor-client basis), expenses incurred in enforcing any term of this Agreement against you, of every kind and nature. In such event, we will provide you with written notice of such claim, suit, or action.
2. For the avoidance of doubt, regardless of the indemnification received by the Company from you, the Company shall have full authority and charge over its own defence, legal actions, and settlement proceedings in relation to any third party claims without any reference to you.
Termination
1. This Agreement shall operate during the subsistence of your Membership to the Premium Program.
2. You may prematurely terminate this Agreement before the end of your Membership period for any reason by simply deleting your Account. In the event that you contact us via our Support Portal, we reserve the right to check the validity of any request to terminate Membership before acting on it. No refund of any kind (whether in whole or in part) will be provided to you.
3. We may terminate this Agreement at any time, with or without reasons, with immediate effect by sending you notice to that effect by email, noting that the Membership will terminate immediately in that case.
4. Termination of this Agreement shall have the following effects:
  1. your right to use the Premium Program, its Rewards Program, chatgroups, other products and services, including cessation of accumulation of Candies, redemptions, and access to chatgroups, e-books, newsletters, and any third party discounts or benefits negotiated for our Members, immediately ceases;
  2. we are under no obligation to forward any unread or unsent messages to you or any third party, nor are we under any obligation to keep any records of your information (including without limitation all data thereunder your Account); and
  3. your records with us pertaining to your Premium Membership will be deleted (although your Account will still subsist until your Account itself is specifically deleted).
5. There shall be no refund, re-imbursement or credit if the Service is terminated due to your breach of the terms of this Agreement, including without limitation breach of Clause 10.6 below.
6. You represent and warrant to CoinGecko that you are not under any sanctions by any authorities (including without limitation the OFAC) nor ordinarily resident nor domiciled in any of the countries listed on https://landing.coingecko.com/excluded-countries/ (“Excluded Countries”). In the event that the foregoing representation is breached at any time during the subsistence of this Agreement, CoinGecko reserves the right to immediately terminate this Agreement on written notice to you without any refund or liability to you. For the avoidance of doubt, CoinGecko reserves the right to amend the list of Excluded Countries in its sole discretion from time to time without any notice or liability to you. You agree and undertake that it is your responsibility to check the list of Excluded Countries on https://landing.coingecko.com/excluded-countries/ regularly, and in any event you confirm that you have so checked before you registered for an Account. Should your country of domicile fall within the Excluded Countries thereafter your subscription to our Premium Program, you undertake to notify CoinGecko in writing promptly, and in the event that you have paid for your subscription in advance, we will in good faith determine if we are able to provide a pro-rated refund to you based on your remaining subscription period.
7. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this Agreement.
Refunds
1. Please consider carefully before you sign up for our Premium Program, as we do not generally provide refunds for change of mind (whether in relation to your no longer wanting to join the Premium Program, your selected subscription term or payment plan, or otherwise). For the avoidance of doubt, in the event that you signed up for a yearly subscription and therefore paid the subscription fees for one year, you will not be permitted to alter your membership period or payment schedule to monthly (that is, you can only subscribe for the monthly plan after your year’s subscription has ended).
2. In the event that your Membership has been terminated by us and is not terminated due to your breach of these Premium Terms of Use, we may provide a pro rata refund of your Membership fee calculated in accordance with the remainder of your Membership duration. In this case refunds are provided at our sole and absolute discretion, and such refund if provided by us, shall constitute the sole and exclusive remedy available to you for such termination by us, and you agree that upon your receipt of the said pro-rated refund, you will waive all rights and claims (whether in contract, tort, equity, or at law) that you may have against us howsoever arising in relation to this Agreement or its termination.
Storage of data
1. We assume no responsibility for the deletion or failure to record, or store any information under your Account, deliver email or other messages (whether via chatgroups or otherwise) to or from you. Accordingly, you accept that we cannot be liable to you for any such deletion or failure to store, record or deliver to you.
2. We may, from time to time, set a limit on the amount of data or information, number of messages or emails that you may send, store, or receive through your Account and/or in relation to the Premium Program. We may delete data, messages or emails in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
Interruption
1. If it is necessary for us to interrupt the Premium Program and/or access to it or the Site (or any part thereof), we may (in our sole discretion but are not obligated to) provide you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
2. You acknowledge that the Premium Program and/or access to it or the Site (or any part thereof) may also be interrupted for many reasons beyond our control.
3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to Premium Program and/or access to it or the Site (or any part thereof).
4. You undertake that you shall not howsoever mine data from, scrape, interfere or attempt to interfere with any part of our Premium Program, Site or associated platforms or channels, disrupt accessibility to our Premium Program, Site or associated platforms or channels (or any part thereof), or bypass any security measures that we may include with our Site and/or the Premium Program, including but not limited to the utilization of any screen-scraper, hacks, spider, robot, virus, worms or other means to access or attack our Site or associated platforms or channels, for any purpose without our prior written consent.
Intellectual Property
1. All Content, including but not limited to, all information related to the Premium Program, Membership benefits, write-ups, opinions, presentations, compilations, listings, analysis, summaries, extracts, derivations, articles, translations, quotations, loyalty reward schemes, contracts, terms and conditions, APIs, widgets, plugins, extensions, software, algorithms, source codes, object codes, forecasts, budgets, analysis, credit ratings, reports, logs, diagrams, graphs, charts, layout, photographs, drawings, financial information and other data, as displayed on our Site and associated platforms and channels, in our Content (including without limitation in newsletters, emails and chatgroups), are protected by copyright, design rights, trade mark rights and/or other intellectual property rights (whether owned by our Company or licensed to our Company, or permitted under the law for use by our Company), whether registered, registrable or otherwise.
2. You are therefore not permitted to howsoever copy, reproduce, duplicate, download, derive, modify, translate, hack, distribute, lease, rent or howsoever deal with any part of our Content or Premium Program or Rewards Scheme except to view or use strictly pursuant to the personal (and not commercial) informative purpose for which it was made available (on your computer, mobile phone, tablet and other personal devices that are under and securely in your control) as may be permitted herein and/or by the other provisions of the Agreement. In the event that any other provisions of the Agreement permit you to download, store, use, retain or copy any part of our Content or any mobile application or other software or feature (individually and collective “Downloads”) available on our Site, you agree that such consent shall not constitute the transfer or assignment of any rights or ownership in such Downloads to you, and you are merely granted a non-exclusive, non-sublicensable, non-transferable and revocable (at any time by our Company) licence to use the Downloads pursuant to the purpose for which our Company granted its consent. The aforegoing shall fully apply to your use of our Site and Premium Program.
3. All company names (including but not limited to our Company’s name, Fundraisers’ names, and the company names of any third parties, such as YouTube, featured on our Site), logos, trade marks, service marks, brands, whether registered or otherwise (collectively the “Branding”) represented on our Site, our Premium Program, our Rewards Schemes and in our Updates belong to our Company or to third parties who have agreed (or our Company is so permitted under applicable law) to display their Branding on our Site and Site Services, in our Content and our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.
Third Party Sites and Browsing Experience
1. Please note that we do not control any links, services, content, products (including but not limited to the YouTube videos) or resources provided by other third parties via or referenced or linked to our Site, our Premium Program, or in our Updates, even if such third party’s website, services and/or products are expressly made available on our Site, under our Premium Program, and/or may be co-branded with ours by bearing our Company logo or name, or are made available for redemption thereunder our loyalty points or rewards scheme, and/or our Company receives compensation from such third party sites. We seek your further understanding that we are unable to control or influence any third parties’ actions even if their websites are hyperlinked to, or their products or services provided through, our Site, our Premium Program, or in our Updates. Accordingly, should you decide to use or access such third parties’ products, services and/or websites, all use and access are at your sole risk and subject to the terms and conditions of use of such third parties’ products, services and/or websites. If you have any query on the terms and conditions of use of such third parties’ websites or their services or products, please contact the third parties directly.
2. For clarification, some of our third party links are “affiliate links”. “Affiliate links” refer to third party links on our Site pursuant to which our Company may receive compensation from the referenced third party, which may be in the form of tokens, digital currency, fiat currency, services or products from such affiliated third parties (which includes without limitation “Binance”, and certain social media site operators). Such compensation may be provided to our Company even if you do not click on the affiliate links, and/or additional compensation may be provided to our Company if you do click on such affiliate links or take any further action in relation to such affiliate links (for example, signing up on the affiliate’s website or using the affiliate’s application). Each affiliate link is identified by an affiliate icon next to it.
3. Without limiting the generality of Clauses 15.1 and 15.2 above, our Company hereby disclaims any and all scams, frauds, and other non-genuine services or products that may be howsoever displayed on our Site (even if such displayed services or products are from affiliated third parties as described in Clause 15.2 above, or are part of the redemption rewards provided thereunder our Rewards Scheme). Our Company is careful about the third party products, services and weblinks that it displays, however, it is not possible for us to check and verify the authenticity or legality of each such third party, a third party’s product, service or weblink that is howsoever displayed (including without limitation advertisements, banner insertions and podcasts) on our Site. As such, you agree that you will conduct your own due diligence and checks, as well as accept all risks thereto, should you in your own voluntary discretion click on any third party links, purchase, redeem, subscribe or sign on for any products or services provided by third parties (including affiliated third parties) on our Site.
4. Without limiting the generality of Clause 15.1 above, our Company hereby disclaims any and all scams, frauds, and other non-genuine services or products that may be displayed in any advertisements, banners or podcasts displayed on our Site, or are part of our Rewards Scheme. As such, you agree that you will conduct your own due diligence and checks, as well as accept all risks thereto, should you in your own voluntary discretion purchase, redeem, subscribe or sign on for any products or services provided, or opined on, by third parties on our Site or under our Premium Program.
5. You agree that our Company may employ cookies, action tags, dynamic device identifiers, or other legal technological means to record your anonymised accessing of our Site for the purpose of providing better services and enhancing your browsing experience. Further details of such technological means are as set out in our Privacy Policy.
Feedback
1. In the event that you provide us with any feedback and comments, whether via email to our Company or any postings, we thank you for taking the time to write to us, and your feedback and comments are appreciated. Any such feedback, postings, and comments from you (“Feedback”) shall become and remain the property of our Company. Our Company shall be entitled in its sole discretion to howsoever use, publish or disseminate such Feedback, with or without attribution to you as the Feedback’s author, and without having to notify you or seek your consent in advance. Accordingly, you agree that you assign (without the requirement for any remuneration) all ownership (including but not limited to copyright) in the Feedback to our Company once you submit your Feedback to our Company, and you further agree to waive all moral rights , rights of paternity and attribution over your Feedback once submitted to the Company, and where such assignment or waiver is not possible under any applicable law, you agree not to howsoever raise any objections of any kind in the Company’s use of your Feedback.
2. Kindly note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any libelous, scandalous, defamatory, offensive, seditious, misleading, misrepresentative, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Site, or our Updates, or other means (even if you were not aware that your Feedback would be published). You agree to fully hold harmless and indemnify our Company for all losses and costs suffered or incurred by our Company due to your Feedback, including but not limited to third party claims, legal fees on a solicitor-client basis, settlement amounts, fines, penalties, and law enforcement actions. Accordingly, and without prejudice to the aforegoing, you also hereby undertake to fully indemnify, defend and hold harmless our Company, our employees, agents, officers, shareholders, and directors from claims, demands, direct damages, indirect damages, consequential damages, loss of opportunities, loss of reputation, legal costs (on a client-solicitor basis) and other losses of any kind that may arise in relation to any dispute that you may howsoever have with another user of our Site.
Governing Law and Jurisdiction
1. Our Premium Terms of Use and accordingly your agreement thereto shall be governed by and construed in accordance with the laws of the Republic of Singapore, without reference to any conflict-of-law principles.
2. In the event of any disputes arising from this Premium Terms of Use or any of the other provisions of the Agreement, your use of our Site, our Premium Program, and/or Content, you must first contact our Company’s officer at [email protected] regarding your dispute, and use your best endeavours to amicably settle any dispute in good faith. We on our part will also use our best endeavours to amicably settle your concerns in good faith. However, if no amicable resolution is reached within 30 days, both parties agree to submit to the exclusive jurisdiction of the Courts of Singapore.
Miscellaneous
1. If any provision or clause of our Premium Terms of Use, any of our other terms and conditions constituting the Agreement, or part thereof respectively, is rendered void, illegal or unenforceable by any legislation or laws to which it is subject, it shall be modified so as to give effect to its intention, or where such modification is not possible, that provision or clause shall be rendered void, illegal or unenforceable to that extent only and it shall in no way affect or prejudice the enforceability of the remainder of such provision or clause or the other provisions of our Premium Terms of Use and our other terms and conditions of the Agreement.
2. The failure or delay of our Company at any time to enforce any of its rights hereunder our Premium Terms of Use and other terms and conditions of the Agreement shall not be constituted as a waiver thereof and shall in no manner affect our Company’s rights at a later time to enforce the same.
3. You agree that you shall not hold our Company for any delay or failure in performance (including but not limited to non-accessibility to our Site and/or Rewards Schemes) due to events beyond our Company’s reasonable control, including but not limited to natural catastrophes, civil riots, acts of war, shortage of utilities, and any applicable laws and regulations.
4. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.
5. In the event of any contradictions between any provision herein these Premium Terms of Use, our Privacy Policy and/or Website Terms of Use, our Privacy Policy shall take precedence, followed by these Premium Terms of Use, and lastly our Website Terms of Use.