TERMS AND CONDITIONS OF USE
Last revised: December 18, 2019
CMJ Solutions, LLC
836 57th Street Suite 427, Sacramento, California, 95819
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR BITCOIN KIOSKS FOR THE PURCHASE OR SALE OF ANY VIRTUAL CURRENCY.
Welcome to the CMJ Solutions, LLC.’s (“CMJ Solutions” “us,” “we,” or “our”) Terms and Conditions of Use (“Terms”). By using our Bitcoin Kiosks (“Kiosks”) and any related sites, applications, services and tools, regardless of how you access them (the “Services”), you agree to be bound by these terms and conditions. If you do not agree with these terms and the conditions of use written in this document, you may not use our Services. We reserve the right to update or change these Terms at any time in our sole discretion. The updated Terms will be effective as soon as they are posted and will apply to any transactions after their posting date.
CMJ Solutions sells virtual currency through our kiosks. You acknowledge that any transaction is conducted solely between you (the “User” or “Customer”) and us, and not on behalf of, or for the benefit of any third party. In order to use our Kiosks, you must be 18 years or older.
- Our Relationship:
CMJ Solutions is a registered Money Services Business (“MSB”). Our registration number is 31000164595466. As an MSB, we have certain duties to know our clients, keep records of the transactions, employ an Anti-Money Laundering (“AML”) Compliance Program, and have a dedicated Compliance Officer to monitor the transactions. We perform audits and tests of the veracity of our program and have a zero-tolerance policy when it comes to compliance. If you violate any portion of our Terms, we reserve the right, at any time and for any reason, without explanation, to terminate your ability to use our services.
- Adherence to our AML Compliance Program:
We collect and record certain information from every customer that completes a transaction at our Kiosk. We leverage this information to comply with our internal AML Policy, to perform OFAC and other watchlist screenings of all customers, and we file Currency Transaction Reports (“CTRs”) if a customer transacts over $10,000 in a rolling 24-hour period.
- Eligibility: To be eligible for our Services, you must be at least 18 years old and a resident of the United States. By using the Services, you represent and warrant that you have not previously been suspended or removed from using our Services; you are not are under the control of, or a national or resident of any country to which the United States has embargoed goods or services; you have not been identified as a “Specially Designated National” by the U.S. Office of Foreign Assets Control; and have not been placed on the U.S. Department of Commerce’s Denied Persons List.
- Identity Authentication. You authorize CMJ Solutions, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources. Prior to your use of the Services, you must provide all information requested by CMJ Solutions at the Kiosk, which may include, but not be limited to: name, address, date of birth, social security number, driver’s license, or other government-issued picture ID (“Personal Information”). You acknowledge that CMJ Solutions, or one of its agents or employees or kiosks, will analyze and validate your identity by reference to the Personal Information to determine whether you qualify to use the Services (“Verification Process”). Your use of the Services may be delayed during the Verification Process, and CMJ Solutions disclaims responsibility for any loss, delay or other harm relating thereto. If you do not pass the Verification Process, or if you fail to provide any of the information required to access the Services, you will be denied access to the Services. If you believe your access to the Services has been wrongly denied, please contact us by phone number or email address listed at the top of this document.
- Communication: You agree that CMJ Solutions may provide notice to you by posting these Terms on our website, sending an email to the address you provided us, sending an SMS to the phone number you provided us, or mailing to the street address you may have provided us. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent.
- Risks of Using the Kiosk
If something happens with the transaction, like you insert the fiat money and there’s not enough bitcoin available in the kiosk’s wallet we will honor the transaction at the spot price. If either of these events occur, we will use the SMS number you provided to call or text with you to complete the transaction. During this time, we will be holding your funds. If for any reason we cannot reach you within 7 days, the transaction will be cancelled, and you will not be refunded.
CMJ Solutions has not provided Customer with any investment advice whatsoever in connection with the use of our Services. Customer understands virtual currencies are highly volatile and risky and has considered the suitability of this purchase or sale.
- Your Privacy
We are highly committed to your privacy. We will only disclose your information when it’s necessary by law.
- Kiosk Transactions
- Orders. When you purchase virtual currency at our Kiosks, you must provide all information requested in connection with any order, including: (a) for purchase Orders, the amount of U.S. dollars you intend to spend in connection with the purchase and the virtual currency wallet address to which CMJ Solutions will send the virtual currency you purchase. You are solely responsible for the accuracy of any Order information you submit.
- Price Terms. When you place an Order, you will be able to view the specific terms and conditions applicable to your Order which will include a price at which we will sell virtual currency to you, which includes all applicable fees.
- Order Completion. We cannot guarantee that the virtual currency will be transmitted to your address within any specific time frame. In order to accept CMJ Solutions offer to purchase virtual currency, you must satisfy any terms and conditions stated in the Offer Terms, you must insert cash or Bitcoin into the Kiosk to pay CMJ Solutions, where upon CMJ Solutions will send the amount of virtual currency or cash calculated by the exchange rate specified in the Offer Terms.
- Cancelled Orders. If your purchase Order is cancelled and you have inserted U.S. dollars into the Kiosk, your U.S. dollars will be returned, however you must contact support via email immediately. You are responsible for remaining physically present at the Kiosk to receive any cash, receipts, or paper wallets, or to input any required information. CMJ Solutions is not responsible for your failure to receive any U.S. dollars or virtual currency returned or disbursed in accordance with these Terms. When cancelling a transaction, market loss repayments may apply as a submitted transaction constitutes a binding agreement between CMJ Solutions and the Customer. Customer Purchase Transactions. In the event a Customer Purchase Transaction is cancelled (whether by the Customer or by CMJ Solutions for failure to receive payment in full within the time stipulated above), market loss payments are due from Customer to CMJ Solutions. This fee is calculated based on whether there has been a loss in market value from the time the price is confirmed for a submitted transaction to the time a transaction is cancelled. In the event of market gain, no cancellation fee will be assessed. Under no circumstance is CMJ Solutions liable to pay Customer for changes in the underlying market price.
- Receipts. Upon completion of a transaction, you will be provided with a paper wallet containing your virtual currency.
- Fees. CMJ Solutions may charge the Customer in relation to digital currency exchange and payment products. Unless otherwise specified, all fees stated are in US Dollars. A transaction placed in other currencies will be converted based on the US Dollar exchange rate at the time the transaction is submitted. Fees are stated on the receipt.
These terms of service and conditions of use constitute the entire agreement between you and CMJ Solutions. It supersedes any prior written or oral agreements between the parties. If for any reason any portion of these terms of services and conditions of use was not enforceable, the rest of the provisions remain in effect.
- User Conduct
You are responsible for your use of CMJ Solutions. You agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
- Provide false or misleading information to CMJ Solutions;
- Use or attempt to use another user’s account without authorization from such user and CMJ Solutions;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or Services, or that could damage, disable, overburden or impair the functioning of the Sites or Services in any manner;
- Develop, utilize, or disseminate any software, or interact with our API in any manner, that could damage, harm, or impair the Sites or Services;
- Reverse engineer any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites or Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated interface not authorized by us to access the Sites and Services, extract data or otherwise interfere with or modify the Kiosk’s functionality;
- Use data collected from our Sites and Services to contact individuals, companies, or other persons or entities;
- Use data collected from our Sites and Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing); or
- Use the Sites or Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
We may suspend or revoke your access if you fail to abide by these rules or at our discretion.
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about CMJ Solutions, or the Services (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of CMJ Solutions. CMJ Solutions shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless CMJ Solutions, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “CMJ Solutions Parties”), from and against all actual or alleged CMJ Solutions Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of another. You agree to promptly notify CMJ Solutions of any third-party Claims and cooperate with the CMJ Solutions Parties in defending such Claims. You further agree that the CMJ Solutions shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities CMJ Solutions forth in a written agreement between you and CMJ Solutions.
CMJ SOLUTIONS MAKES NO WARRANTIES OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CMJ SOLUTIONS, THE SERVICES AND THE CMJ SOLUTIONS CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CMJ SOLUTIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND CMJ SOLUTIONS CONTENT CONTAINED THEREIN. DUE TO THE NATURE OF THE CRYPTOCURRENCY SPACE, CMJ SOLUTIONS CANNOT REPRESENT OR WARRANT THAT CMJ SOLUTIONS CONTENT IS ENTIRELY ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IF A USER IDENTIFIES ERRONEOUS CONTENT, WE ENCOURAGE THEM TO REPORT IT TO US IMMEDIATELY.
We reserve the right to change any and all content and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
- Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CMJ SOLUTIONS OR ANY OF THE OTHER CMJ SOLUTIONS PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASCMJ SOLUTIONSS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE USE OF ANY SERVICE OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM CMJ SOLUTIONS, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRCMJ SOLUTIONSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CMJ SOLUTIONS’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of CMJ Solutions arising out of or in any way related to these terms, the access to and use of the sites, services and materials or any products or services purchased from us exceed the amount of $1.00 USD per wallet. Damages and restitution are payable in USD as opposed to cryptocurrency.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
- Modifications to the Services
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the provision of the Services at any time and without liability therefor.
- Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH CMJ SOLUTIONS LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to use of this site disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and CMJ Solutions agree (a) to waive your respective rights to have any and all Disputes arising from or related to these Terms, or the Services, resolved in a court, and (b) to waive your and CMJ Solutions’s respective rights to a jury trial. Instead, you and CMJ Solutions agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
- No Class Arbitrations, Class Actions or Representative Actions. You and CMJ Solutions agree that any Dispute arising out of or related to these Terms or the Services is personal to you and CMJ Solutions and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
- Notice; Informal Dispute Resolution. You and CMJ Solutions agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to CMJ Solutions shall be sent by email. Your notice must include (a) your name, postal address, telephone number, and your email address, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and CMJ Solutions cannot agree how to resolve the Dispute within thirty (30) days after the applicable party receives the notice, then either you or CMJ Solutions may, as appropriate, commence an arbitration proceeding.
- Severability. If any term, clause, or provision of this Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers CMJ Solutions forth in this Agreement are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
- Governing Law and Venue
These Terms, your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of California.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
These Terms constitute the entire agreement between you and CMJ Solutions relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be altered or assigned by you without the prior written consent of CMJ Solutions.
Questions about these terms can be directed to us via email.