Terms of Service

Last Updated: October 12, 2019

This website is operated by Amalgamated Token Services Inc. (“ATS”) and its wholly owned subsidiaries, as follows (collectively with ATS, “CoinList”): CoinList Services LLC, a technology service provider that assists issuers conducting compliant token offerings and events; CoinList Lend LLC, a proprietary lender of crypto assets; and CoinList Markets LLC, a marketplace for crypto assets in certain jurisdictions. CoinList Markets LLC is registered as a Money Services Business with the US Treasury and the Financial Crimes Enforcement Network and is a registered Money Transmitter in applicable jurisdictions. CoinList is not a broker-dealer or investment advisor and does not provide such services.

As a user of ANY service on the https://coinlist.co/ platform you agree to the following:

This Terms of Service (“Agreement”) is a binding contract between you, an individual user (“you”), and the applicable entity set forth in Section 16 (“CoinList”(also herein referred to as “we,” “us” or “our”), and governs your use of any website that links to these terms, including https://coinlist.co/ (and all related subdomains) (“Site”) and the services we provide (“Services”).

BY ACCESSING OR USING THE SITE OR OUR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU MUST NOT ACCESS OR USE THE SITE OR OUR SERVICES.

If you are accessing the Site or using our Services on behalf of a business or corporate entity (“Organization”), then you hereby represent and warrant that you have the authority to bind that Organization and your acceptance of this Agreement will be treated as acceptance by the Organization. In that event, “User” (defined above) and “you” in this Agreement will refer to the Organization.

Material Terms. As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:

  • You consent to the collection, use and disclosure of information in accordance with and to be bound by the CoinList Privacy Policy (“Privacy Policy”);
  • THE SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. COINLIST'S LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICES IS LIMITED, AND YOU BEAR ALL RISKS ASSOCIATED WITH ANY PARTICIPATION ON THE SITE AND IN OUR SERVICES;
  • We will resolve disputes arising under this Agreement through binding arbitration described further herein.
  • BY ACCEPTING THIS AGREEMENT, AS PROVIDED IN GREATER DETAIL IN SECTION 9 OF THIS AGREEMENT, YOU AND COINLIST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

1. General Terms and Conditions

  1. Description. The Site: (i) provides Users with general information about our products and services; and (ii) provides a platform (“Platform”) for issuers to conduct compliant token offerings and events and for users to buy and sell cryptocurrencies. Token issuers are referred to herein as “Sponsors.” As used in this Agreement, “User” means all users of the Site, and the “CoinList Parties” means CoinList and all of its affiliated entities.
  2. Disclaimers and Other Terms. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING ANY OTHER TERMS IN THIS AGREEMENT, THE FOLLOWING TERMS APPLY:
    1. Limitations on Liability. COINLIST SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH: (1) ANY OUTAGE OR UNAVAILABILITY OF THE SITE OR ANY PROBLEMS YOU MAY HAVE IN PARTICIPATING ON THE SITE OR IN OUR SERVICES; (2) ANY SECURITY BREACH AFFECTING ANY FEATURE, CONTENT OR SERVICES AVAILABLE ON THE SITE; AND/OR (3) THE PERFORMANCE OF ANY OFFERING OR OTHER SERVICE THAT YOU PARTICIPATE IN ON THE SITE. YOU BEAR ALL RISKS OF USING THE SITE, AND YOU SHOULD ONLY PARTICIPATE TO THE EXTENT YOU ARE WILLING AND ABLE TO LOSE ANY AMOUNT INVESTED.
    2. No Guarantee. COINLIST MAKES NO REPRESENTATIONS REGARDING THE LIKELIHOOD OR PROBABILITY THAT YOUR PARTICIPATION ON THE SITE OR IN OUR SERVICES WILL ACHIEVE A PARTICULAR OUTCOME OR GOAL. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE SUCCESS, AND VOLATILITY MEANS THAT PERFORMANCE IN ANY PERIOD MAY BE FAR DIFFERENT FROM THAT OF PREVIOUS PERIODS. YOU MAY LOSE ALL OR PART OF ANY PARTICIPATION ON THE SITE AND THROUGH OUR SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT COINLIST MAKES NO GUARANTEES OR OTHER COMMITMENTS ABOUT YOUR ABILITY TO ACCESS OR USE THE SITE OR SERVICE.
    3. Information Submitted to Us; Identity Checks.
      1. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AND MATERIALS THAT YOU PROVIDE TO US IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND MATERIAL THAT YOU PROVIDE TO US IN CONNECTION WITH US CHECKING YOUR BACKGROUND AS FURTHER DESCRIBED UNDER 1.b.iii.2 BELOW. YOU HEREBY REPRESENT AND WARRANT THAT: (A) ALL SUCH INFORMATION AND MATERIALS ARE TRUE, ACCURATE AND COMPLETE IN ALL RESPECTS, COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS AND DO NOT VIOLATE OR INFRINGE ANY THIRD-PARTY RIGHTS; AND (B) YOU WILL IMMEDIATELY NOTIFY US ABOUT, AND CORRECT, ANY INACCURACY IN ANY SUCH MATERIALS OR INFORMATION.
      2. YOU ACKNOWLEDGE THAT WE WILL CHECK YOUR BACKGROUND AND IDENTITY AS REQUIRED BY APPLICABLE LAWS IN CONNECTION WITH CERTAIN USES OF THE SITE. YOU HEREBY AUTHORIZE US TO, DIRECTLY OR THROUGH THIRD PARTIES, MAKE ANY INQUIRIES AND CONDUCT ANY INVESTIGATION WE CONSIDER NECESSARY OR HELPFUL TO VERIFY YOUR IDENTITY AND TO TAKE ANY ACTIONS WE DEEM NECESSARY OR HELPFUL BASED ON THE RESULTS OF SUCH INQUIRIES AND INVESTIGATIONS. YOU FURTHER AUTHORIZE ANY AND ALL THIRD PARTIES TO WHICH ANY SUCH INQUIRIES OR INVESTIGATIONS MAY BE DIRECTED TO FULLY RESPOND TO SUCH INQUIRIES OR INVESTIGATIONS. YOU ACKNOWLEDGE AND AGREE THAT WE MAY, IN OUR SOLE DISCRETION, DENY YOU THE RIGHT TO USE THE SITE. COINLIST WILL HAVE NO LIABILITY TO YOU FOR ANY LIABILITY OR OTHER LOSSES ARISING FROM ANY INQUIRIES OR INVESTIGATIONS ARISING UNDER THIS SECTION 1.e.ii.
    4. Wallets. YOU ACKNOWLEDGE AND AGREE THAT: (1) WE HAVE NO CONTROL OVER ANY WALLET THAT YOU MAY USE IN CONNECTION WITH YOUR USE OF THE SITE, OTHER THAN A COINLIST WALLET OR COINLIST ACCOUNT (“WALLET”); (2) ALL WALLETS ARE PROVIDED BY THIRD PARTIES THAT WE HAVE NO RIGHT OR ABILITY TO CONTROL; AND (3) ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY WALLET PROVIDER IS BETWEEN YOU AND THAT THIRD PARTY WALLET PROVIDER.
    5. Participants. PARTICIPANTS MUST UNDERSTAND THAT TOKENS AND CRYPTOCURRENCIES AVAILABLE ON THE SITE AND THROUGH OUR SERVICES ARE SUBJECT TO A HIGH LIKELIHOOD OF LOSS AND LONG PERIOD OF ILLIQUIDITY. IN ADDITION, IF YOU ARE USING THE SITE AND SERVICES AS A PARTICIPANT IN THE UNITED STATES, YOU MAY BE REQUIRED TO QUALIFY AS AN “ACCREDITED INVESTOR” AS DEFINED IN RULE 501 OF REGULATION D UNDER THE SECURITIES ACT OF 1933, AND BE SOPHISTICATED ENOUGH TO PROTECT YOUR OWN INTERESTS. WE MAY ASK YOU FOR INFORMATION NEEDED TO CONFIRM YOUR STATUS AS AN ACCREDITED INVESTOR, OR TO CONFIRM OTHER INFORMATION ABOUT YOUR STATUS PRIOR TO ALLOWING YOU TO PARTICIPATE THROUGH THE SITE OR ANYTIME THEREAFTER.
    6. Additional Terms. We may require you to agree to additional terms and/or policies from time-to-time in connection with your use of the Site or Services (“Additional Terms”). Such Additional Terms may include terms that govern your rights in connection with any participation in Sponsors offerings. Except as expressly stated otherwise in such Additional Terms, any Additional Terms are hereby incorporated into and subject to this Agreement, and this Agreement will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.
    7. Changes to this Agreement. You understand and agree that CoinList may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Site. The revised Agreement will become effective at the time of posting, and your use of the Site or Services after such time will constitute your acceptance of the revised Agreement. If any change to this Agreement is not acceptable to you, then your sole remedy is to stop using the Site or Services. Notwithstanding the preceding sentences of this Section 1.i, no revisions to this Agreement will apply to any dispute between you and CoinList that arose prior to the effective date of such revisions.
    8. Consideration. CoinList currently provides you with access to the Site for free. In return for enjoying this free access, you acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase the value of CoinList from your use of the Site, and you will have no right to share in any such revenues, goodwill or value whatsoever. However, we may charge you fees for certain Services and other uses of the Site. If we do, then we will notify you of those fees before you have an obligation to pay them.
    9. Jurisdictional Issues. CoinList makes no representation that materials on the Site or the Services are appropriate, lawful or available for use in any locations other than the United States of America. Those who choose to access or use the Site or Services from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws are applicable.
    10. Eligibility. NEITHER THE SITE NOR THE SERVICES ARE FOR PERSONS UNDER THE AGE OF 18OR FOR ANY USERS PREVIOUSLY SUSPENDED OR BLOCKED FROM THE SITE BY COINLIST. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Site or Services, you affirm that you are at least 18 years of age and otherwise have the legal capacity to contract, and have not been previously suspended or blocked from the Site by CoinList.
    11. Mobile Services. The Site will be accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier's normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and the related Mobile Services must be in accordance with this Agreement. CoinList shall not be liable to any party for any loss or damage resulting in whole or in part from any malfunction in its Site or Service to you to the extent such malfunction arises from, or is in anyway connected to, your mobile carrier's service.

2. Registration; Accounts

  1. Log-In Credentials. While you may always browse public-facing portions of the Site without registering with us, in order to access the password-protected portion of the Site (the “Protected Platform”), you must register an account with us (an “Account”) or meet other criteria as determined by a particular Sponsor.
  2. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately at team@coinlist.co if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. We will not be liable for any loss or damage arising from unauthorized use of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 7 below).
  3. Revocation of Access. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Services or Site, infringe or violate any third party rights, damage or bring into disrepute the reputation of CoinList, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then we may terminate your Account immediately without notice to you and without any liability to you or any third party.

3. Intellectual Property Rights

  1. License. Subject to your complete and ongoing compliance with this Agreement, CoinList hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Services and Site solely in strict compliance with the provisions of this Agreement and as permitted by the functionalities of the Services and Site available to you.
  2. Content. The content that CoinList provides to you on the Services and Site, including, without limitation, any text, graphics, software, interactive features, information or other materials (collectively, the “CoinList Content”), is protected by copyright or other intellectual property rights and owned by CoinList or its licensors . Moreover, CoinList or its licensors own all design rights, database and compilation rights and other intellectual property rights in and to the Services and Site, in each case whether registered or unregistered, and any related goodwill.
  3. Marks. The CoinList trademarks, service marks and logos (collectively, the “CoinList Trademarks”) used and displayed on the Site are CoinList's registered and/or unregistered trademarks or service marks. Any other product and service names located on any part of the Services and Site may be trademarks or service marks owned by third parties (collectively with the CoinList Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage CoinList or the applicable third party, CoinList's or a third party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.You may not use any Trademarks as part of a link to or from any website without CoinList's prior express written consent. All goodwill generated from the use of any CoinList Trademark will inure solely to CoinList's benefit.
  4. Restrictions. CoinList hereby reserves all rights not expressly granted to you in this Section 3. Accordingly, nothing in this Agreement or on the Site will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Site, Service, or any CoinList Content or Trademarks located or displayed on or within the Site or Service.

4. Content

  1. General. Certain features on the Site may allow you to submit or upload (collectively, “Submit”) content to the Site or you may otherwise directly or indirectly provide content to CoinList, such as User profile content or other materials subject to intellectual property or similar laws (“User Content”). For all User Content that you Submit, you hereby grant us (and those third parties we work with) a worldwide license to use, exploit, host, store, transmit, reproduce, modify, create derivative works of (such as those resulting from changes we make so that your User Content works better with our Site), publish, publicly perform and display and distribute such content; provided that we will not share with other Users any User Content that you Submit that is not viewable by other Users based on any privacy settings available on the Site. The rights you grant in this section are for the purpose of operating, promoting, and improving our Site and Service and this license continues even if you stop using our Site.
  2. You Must Have Rights to the Content You Submit. You represent and warrant that: (i) you own the User Content Submitted by you or otherwise have the right to grant the license set forth in this Agreement; (ii) the Submission of your User Content and the use of the same as contemplated in this Agreement does not and will not violate any right of any third party; (iii) the Submission of your User Content will not require us to pay any amounts or provide any attribution to any third parties; and (iv) the Submission of your User Content does not result in a breach of contract between you and a third party.
  3. Disclaimer. We are under no obligation to edit or control User Content that you Submit, and will not be in any way responsible or liable for User Content. CoinList may, however, at any time and without prior notice, screen, remove, edit or block any User Content that in our sole judgment violates this Agreement or is otherwise objectionable, such as, without limitation, User Content that CoinList determines is or could be interpreted to be abusive, bigoted, defamatory, harassing, harmful, infringing, obscene, offensive, pornographic, racist, threatening, unlawful, vulgar or otherwise inappropriate (collectively, “Objectionable Content”). Further, we may, in our sole discretion, take any action we deem necessary and/or appropriate against any User who Submits Objectionable Content, including, but not limited to, warning the User or suspending or terminating the User's Account.

5. Notice and Procedure for Making Claims of Intellectual Property Infringements

  1. Respect of Third Party Rights. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material appearing on the Site, then you may contact our designated agent at the following address:

    CoinList
    ATTN: Legal Department (Copyright Notification)
    850 Montgomery St, San Francisco, CA 94133
    Email: team@coinlist.co

    Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights (“Notification of Claimed Infringement”) must include the following information:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of the material that you claim is infringing and where it is located on the Site;
    4. your address, telephone number and email address;
    5. a statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright owner, its agent or the law; and
    6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  2. Repeat Infringer Policy. CoinList's intellectual property policy is to: (i) remove or disable access to material that CoinList believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Site; (ii) remove any User Content Submitted by Users who are determined to be “repeat infringers”; and (iii) promptly terminate the Accounts of repeat infringers. CoinList currently considers a “repeat infringer” to be any User that has Submitted User Content and for whom CoinList has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. CoinList has discretion, however, to terminate the Account of any User after receipt of a single Notification of Claimed Infringement (as defined in Section 5.a) or upon CoinList's own determination.

6. Restrictions on Use of the Site

  1. Without limiting any other terms of this Agreement, you agree not to (and not to attempt to):
    1. decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Site;
    2. use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or Site, or any activity conducted thereon;
    3. delete or alter any material CoinList makes available on the Site;
    4. frame or link to any of the materials or information available on the Site;
    5. use or exploit any Trademarks or CoinList Content in any manner that is not expressly authorized by this Agreement;
    6. access, tamper with or use non-public areas of the Site, CoinList's (and its hosting company's) computer systems and infrastructure or the technical delivery systems of CoinList's providers;
    7. provide any false information to CoinList;
    8. create a false identity or impersonate another person or entity in any way;
    9. restrict, discourage or inhibit any person from using the Site;
    10. use the Site, without CoinList's prior express written consent, for any unauthorized purpose;
    11. gain unauthorized access to the Site, other Users' Accounts or to other computers or websites connected or linked to the Site or Service;
    12. transmit to the Site any virus, worm, spyware, malware, ransomware, or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Site or Services or communications equipment and computers connected thereto;
    13. violate any federal, state or local laws or regulations or the terms of this Agreement; or
    14. assist or permit any person in engaging in any of the activities described above.

7. External Sites

The Site may contain links to other websites or other online properties that are not owned or controlled by CoinList (collectively, “External Sites”). CoinList does not make any representations regarding the content, function or accuracy of any materials on External Sites. You should contact the site administrator or webmaster for External Sites if you have any concerns regarding content located on those External Sites. You should take precautions when downloading files from all websites to protect your devices from viruses and other destructive programs. If you decide to access any External Sites, then you do so at your own risk. Further, you will be solely responsible for compliance with any terms of service or similar terms imposed by any External Site in connection with your use of External Sites.

8. Feedback

If you choose to provide us with input or suggestions regarding problems with or proposed modifications or improvements to the Site or Services (“Feedback”), then you hereby grant to us a non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), worldwide and royalty-free right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution or fees due to you.

9. Dispute Resolution

  1. General. In the interest of resolving disputes between you and CoinList in the most expedient and cost-effective manner, you and CoinList agree that any dispute arising out of or in any way related to this Agreement or your use of the Site or Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Agreement or your use of the Site or Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after any subsequent updates to or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COINLIST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
  2. Exceptions. Notwithstanding Section 9.a above, nothing in this Agreement will be deemed to waive, preclude or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and CoinList will be governed by the Federal Arbitration Act and be finally settled in binding arbitration, on an individual basis, in accordance with the JAMS rules for arbitration of consumer-related disputes (accessible at https://www.jamsadr.com/rules-comprehensive-arbitration/) and you and CoinList hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement and the Agreement.
  4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). CoinList's address for Notice is: 850 Montgomery St, San Francisco, CA 94133 or by email at team@coinlist.co Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties agree to make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, then you or CoinList may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or CoinList must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by CoinList prior to selection of an arbitrator, then CoinList will pay you the highest of the following: (1) the amount awarded by the arbitrator, if any; (2) the last written settlement amount offered by CoinList in settlement of the dispute prior to the arbitrator's award; or (3) $15,000.
  5. Fees. If you commence arbitration in accordance with this Agreement, then CoinList will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the JAMS Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, then you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; or (ii) through a non-appearance based telephone hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In that case, you agree to reimburse CoinList for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. Notwithstanding anything in this Agreement to the contrary, and for the avoidance of doubt, the arbitrator can award injunctive relief as a remedy in any arbitration required under these dispute resolution provisions.
  6. No Class Actions. YOU AND COINLIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CoinList agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
  7. Modifications to this Arbitration Provision. Except as otherwise provided in this Agreement, if CoinList makes any future change to this arbitration provision, other than a change to CoinList's address for Notice, then you may reject the change by sending us written notice within 30 days of the change to CoinList's address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and CoinList.
  8. Enforceability. If Section 9.f above is found to be unenforceable or if the entirety of this Section 9 is found to be unenforceable, then the entirety of this Section 9 will be null and void.

10. Limitation of Liability and Disclaimer of Warranties

THE TERMS OF THIS SECTION 10 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

  1. COINLIST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE OR ANY CONTENT THEREON OR THE SERVICES. ACCORDINGLY, THE SITE AND ALL CONTENT THEREON AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND COINLIST HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
  2. WITHOUT LIMITING SECTION 10.a, COINLIST MAKES NO WARRANTY THAT THE SITE, SERVICES, OR ANY CONTENT THEREON ARE FREE OF ERRORS, COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE, SERVICES, OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN COINLIST WILL NOT BE RESPONSIBLE FOR THOSE COSTS.
  3. IN NO EVENT WILL COINLIST BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE SITE, SERVICE, AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF COINLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COINLIST'S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING FROM THIS AGREEMENT IS LIMITED TO U.S. $100.
  4. THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS IN INFORMATION OR MATERIALS ON THE SITE OR SERVICES, AND COINLIST MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR MATERIALS. COINLIST PROVIDES NO GUARANTEES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. COINLIST HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE OR SERVICES.
  5. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COINLIST OR OTHERWISE THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11. Third Party Disputes

ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY, INCLUDING OTHER USERS, IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE COINLIST FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

12. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless CoinList from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of this Agreement; or (b) your access to, use or misuse of the CoinList Content, Trademarks or any part of the Site or Services; or (c) any false, inaccurate or misleading information you provide to CoinList. CoinList will provide notice to you of any such claim, suit or proceeding. CoinList reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter which is subject to indemnification under this section at your sole expense if CoinList believes that you are unwilling or incapable of defending CoinList's interests. In such case, you agree to cooperate with any reasonable requests assisting CoinList's defense of such matter at your sole expense. Notwithstanding the foregoing, nothing contained in this Agreement shall constitute a waiver by any User of any of his, her or its legal rights under applicable U.S. federal laws or any other laws whose applicability is not permitted to be contractually waived.

13. Term and Termination of the Agreement

  1. Term. As between you and CoinList, the term of this Agreement commences on your first use of the Site or Services and continues until the termination of this Agreement by either you or CoinList.
  2. Suspension, Termination and Cancellation. You may terminate this Agreement by sending written notification to us at team@coinlist.co and terminating your use of the Site and Services. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site or Service, or to terminate this Agreement at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third party on or through the Site. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
  3. Survival. Sections 1.b, 1.c, 1.d, 1.e, 1.g, 1.h, 1.i, 2.b, 2.c, 3.b, 3.c, 3.d, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13.c, 14, 15, 16 and all defined terms used therein will survive the termination of this Agreement indefinitely.

14. Consent to Electronic Communications

By using the Site, you consent to receiving certain electronic communications from us as further described in the Privacy Policy .

15. Miscellaneous

This Agreement is governed by the internal substantive laws of the State of New York without respect to its conflict of laws provisions. You agree that no joint venture, partnership, employment or agency relationship exists between you and CoinList as a result of this Agreement or use of the Site or Services. If any provision of this Agreement is found to be invalid by any court or arbitrator having competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Failure of CoinList to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against CoinList unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. This Agreement constitutes the entire agreement between you and CoinList with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter hereof. The Section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors and assigns. You may not assign this Agreement or any of the rights or licenses granted hereunder without the prior express written consent of CoinList. “Assignment” as used in the prior sentence includes any changes of control or sale of stock or assets of any Organization. CoinList may assign this Agreement, including all its rights hereunder, without restriction. You acknowledge and agree that you have had the opportunity to consult legal counsel in connection with this Agreement even if you chose not to do so, and this Agreement will not be construed against you or CoinList as drafter.

16. Contracting Party

If you use the Site or Services, then you are contracting with Amalgamated Token Services Inc., CoinList Services LLC, CoinList Markets LLC or CoinList Lend LLC, as applicable.

17. Contact Us

If you would like to contact us for any reason email us at team@coinlist.co .

Service Specific Terms of Service

Depending on the services you use, you may be subject to the additional terms below. To the extent the service specific terms below are inconsistent with the terms above, the terms below govern.

CoinList Lend

In addition, as a user of CoinList Lend services you agree to a separate borrower or lender agreement, as applicable.

CoinList Markets User Agreement

This is a contract between CoinList Markets, LLC and its affiliates (“CoinList Markets,” “we” or “us”) and you, as a user of CoinList Markets services (“you” or the “user”). By signing up to use an account through https://coinlist.co/ , or any associated websites, APIs, or mobile applications (collectively the “CoinList Markets Site”), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as, among other things, our Privacy Policy and E-Sign Content.

CoinList Markets can only provide services to residents of the following states: Alabama; Arkansas; Arizona; California; Colorado; Delaware; District of Columbia; Florida; Georgia; Iowa; Illinois; Indiana; Kansas; Kentucky; Maine; Massachusetts; Michigan; Missouri; Mississippi; Montana; North Dakota; Nebraska; New Jersey; New Hampshire; New Mexico; Ohio; Oklahoma; Oregon; Pennsylvania; Rhode Island; South Dakota; Utah; Tennessee; Virginia; Wisconsin; West Virginia; Wyoming; American Samoa; United States Minor Outlying Islands; Armed Forces Americas; Armed Forces Pacific; Armed Forces Europe; and certain foreign jurisdictions. CoinList Markets’ licenses are further described in Appendix 4 below. If you are not a resident of one of the above jurisdictions you may not use CoinList Markets' services. Certain of the services described below may be in development or limited release and may not be available to any or all users of CoinList Markets at this time. CoinList Markets is registered as a money services business with the Financial Crimes Enforcement Network (FinCEN), Registration Number 31000145683981. CoinList Markets is registered with the Nationwide Multistate Licensing System and Registry (NMLS), ID number 1785267.

Last updated: October 12, 2019

PART 1: General use

1) Basic CoinList Markets Services.

  1. Eligibility. To be eligible to use CoinList Markets Services, as defined below, you must be at least 18 years old. We request your age during the onboarding process.We also prohibit certain types of entities and individuals from using CoinList Market Services including but not limited to foreign financial institutions, foreign shell banks, private banking accounts, senior foreign political figures, FINRA employees and US broker-Dealer employees.
  2. CoinList Markets Services. Your CoinList Markets account ("CoinList Markets Account") encompasses the following basic CoinList Markets services: access to one or more hosted digital currency wallets that allow you to track, manage, and arrange the transfer of supported digital currencies, like Bitcoin or Ethereum (“Digital Currencies”) (the "Hosted Digital Currency Wallet"); Digital Currency conversion services through which you can arrange for the purchase and sale of Digital Currencies in transactions with affiliates of CoinList Markets and other users (the "Conversion Services"); and access to a U.S. Dollar account for use in connection with CoinList Markets services (a "USD Wallet" or "Currency Wallet") (collectively the "CoinList Markets Services").

    THE RISK OF LOSS IN TRADING OR HOLDING DIGITAL CURRENCY CAN BE SUBSTANTIAL. YOU SHOULD CAREFULLY CONSIDER WHETHER TRADING OR HOLDING DIGITAL CURRENCY IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION.

2) Creating a CoinList Markets Account.

  1. Registration of CoinList Markets Account. In order to use the CoinList Markets Services, you will need to register for a CoinList Markets account (a “CoinList Markets Account”). During the registration process, we will ask you for information, including your name and other personal information to verify your identity. We may, in our sole discretion, refuse to open a CoinList Markets Account for you, or limit the number of CoinList Markets Accounts that you may hold. Additionally, in order to use the CoinList Market Services, you consent to accounts with Bitgo Trust and Silvergate Bank (“Custodial Accounts”).
  2. Identity Verification. During registration of your CoinList Markets Account, you agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the CoinList Markets Services. Your access to one or more CoinList Markets Services, and the limits that apply to your use of the CoinList Markets Services, may be altered as a result of information collected about you during the initial onboarding procedures and on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is true and accurate. You agree to promptly update your identity information upon any changes.

    You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or to protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating.

    These inquiries may include, but are not limited to, authorizing your wireless operator (ATT, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to CoinList Markets with your wireless operator account profile information for the duration of the business relationship.

    Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use certain CoinList Markets Services and/or before permitting you to engage in transactions beyond certain volume limits.

  3. Accreditation Verification. If necessary, during registration of your CoinList Markets Account, you agree to provide us with the information we request for the purposes of verifying your status as an Accredited Investor, as defined in 17 CFR 230.501 (as such definition is amended) and permit us to keep a record of such information. Your access to one or more CoinList Markets Services, and the limits that apply to your use of the CoinList Markets Services, may be altered as a result of information of this nature that is collected about you. The information we request may include certain personal financial information, including, but not limited to tax returns, bank account balances, and statements of personal liabilities. In providing us with this or any other information that may be required, you confirm that the information is true and accurate. You agree to keep us updated if any of the information you provide changes.

    You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. Further, you authorize us to run credit checks with established credit verification agencies, which check may have adverse impact on your credit score.

3) Digital Currency Wallet(s).

  1. In General Your hosted Digital Currency Wallet(s)enables you to monitor the storage, tracking and management of Digital Currencies contained in your Hosted Digital Currency Wallet.Through your account you will have the ability to request, send and receive(by placing orders), and store Digital Currency from third parties by giving instructions through the CoinList Markets Site(each such transaction is a “Digital Currency Transaction”). We may limit this functionality. We may require you to verify your identity prior to engaging inDigital Currency Transactions.
  2. CoinList Markets reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. CoinList Markets may not be able to reverse a Digital Currency Transaction once it has been broadcast to a Digital Currency network. The Hosted Digital Currency Wallet services are available only in connection with those Digital Currencies that CoinList Markets and its affiliates, in their sole discretion, support. The Digital Currencies that CoinList Markets support may change from time to time, based on its sole and absolute discretion. CoinList Markets will notify you in advance if it ceases to support a particular Digital Currency. If you have any questions about which Digital Currencies CoinList Markets currently supports, please visit here. Under no circumstances should you attempt to use your Hosted Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that is not supported by CoinList Markets and its affiliates. CoinList Markets assumes no responsibility or liability in connection with any attempt to use CoinList Markets Services for digital currencies that CoinList Markets does not support.
  3. Digital Currency Transactions. CoinList Markets processes supported Digital Currency according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to CoinList Markets. In the event you initiate a Digital Currency Transaction by submitting an order, such order will irrevocably execute and be final unless such order is cancelled prior to execution.Any pending withdrawals from your CoinList Markets Account that have been submitted to a Digital Currency network will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. Although, a transaction is not complete while it is in a pending state, it may not be possible for CoinList Markets or its affiliates to undo, reverse, or otherwise alter the transaction. Funds associated with transactions that are in a pending state will be designated accordingly by CoinList Markets and its custodian partners, as appropriate, and will not be displayed in your CoinList Markets Account balance or be available to conduct other transactions. CoinList Markets and its custodian partners will charge a transaction fee for successfully executed orders. CoinList or our custodian partners may charge network fees (miner fees) to process a Digital Currency withdrawal on your behalf.Network fees will vary between Digital Currencies and during periods of high network traffic. CoinList Markets will calculate the transaction fee according to its published fee schedule and will disclose such fee to you immediately prior to your confirmation of such orderCoinList Markets will always notify you of any fees at or before the time you authorize a transaction. CoinList Markets reserves the right to delay any Digital Currency Transaction if it perceives a risk of fraud or illegal activity.
  4. Commingled Digital Currency Storage: CoinList Markets may use shared Digital Currency wallets, controlled by CoinList Markets or our Digital Currency Custodian, to hold Digital Currencies on behalf of users. CoinList Markets may commingle users' Digital Currencies, but will not commingle CoinList Market's users' Digital Currencies and its own Digital Currencies. CoinList Markets shall have no obligation to segregate any user's Digital Currencies from any other user's Digital Currency.
  5. Digital Currency Storage Transmission Delays. Digital Currency is securely held in a combination of online and offline storage. As a result, it may be necessary for CoinList Markets to communicate with its Digital Currency Custodian to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by CoinList Markets may be delayed. For further information regarding the storage systems and processes of the Digital Currency Custodian, please visit their site at https://www.bitgo.com/.
  6. Third Party Payments. CoinList Markets has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other Users of CoinList Markets Services). CoinList Markets is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with Digital Currency transferred using the CoinList Markets Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify CoinList Markets Support at markets@coinlist.co so that we may consider what action to take, if any.
  7. Operation of Digital Currency Protocols. CoinList Markets does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them.By using CoinList Markets Services, you acknowledge and agree (i) that CoinList Markets is not responsible for operation of the underlying protocols and that CoinList Markets makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the CoinList Markets platform. In the event of a fork, you agree that CoinList Markets may temporarily suspend operations (with or without advance notice to you) and that CoinList Markets may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that CoinList Markets assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.

4) CoinListMarkets Services.

  1. Purchase Transactions. After successfully completing the verification procedures, you may purchase and sell supported Digital Currency by funding your CoinList Markets Account. You authorize CoinList Markets to initiate debits from your CoinList Markets Account in settlement of purchase transactions. A Transaction Fee (defined below) applies to all purchase transactions. Although CoinList Markets and our Digital Currency Custodian will attempt to deliver supported Digital Currency to your account as promptly as possible, funds may be debited from your selected payment method before Digital Currency is delivered and viewable in your CoinList Markets Account. We and our Custodian Partner(s) will make best efforts to fulfill all orders, but in the circumstance where CoinList Markets cannot find a counterparty to fulfill your order, we will notify you and seek your approval to fulfill the order at a clearing price which will be disclosed to you prior to confirming such transaction. To secure the performance of your obligations under this Agreement, you may be required to grant to CoinList Markets' or its Custodian Partner a lien on and security interest in and to the balances in your CoinList Markets Account.
  2. Sale Transactions. After successfully completing the verification procedures, you may sell supported Digital Currency by transferring the applicable Digital Currency to your CoinList Markets Account. You authorize CoinList Markets and our Custodian Partner(s), as applicable, to debit your CoinList Markets Account of the Digital Currency you are selling and credit your CoinList Markets account in the Digital Currency or USD you are receiving. An applicable Transaction Fee (defined below) applies to all sale transactions. Your receipt of funds upon withdrawal from your CoinList Markets Account will depend on the payment type, and may take up to six or more business days. We and our Custodian Partners will make best efforts to fulfill all transactions, but in the circumstance where CoinList Markets cannot find a counterparty to fulfill your sell order, we will notify you and seek your approval to fulfill the sell order at a clearing price which will be disclosed to you prior to confirming such transaction. To secure the performance of your obligations under this Agreement, you may be required to grant to CoinList Markets' Custodian Partner a lien on and security interest in and to the balances in your CoinList Markets Account.
  3. Transaction Fees. Each executed transaction is subject to a fee (a "Transaction Fee"). The applicable Transaction Fee is displayed to you on the CoinList Markets Site prior to your completion of an order instruction. CoinList Markets may not process an order if the Transaction Fee and any other associated fees as may apply exceed the value of your transaction. CoinList Markets may waive some portion of the Transaction Fee depending on the payment method you select. The availability of each payment method depends on a number of factors, including but not limited to your location, the identification information you have provided to us, and limitations imposed by third party payment processors. Taxes may apply, and additional fees may be assessed by our Custodian Partner and by recipients’ banks.

    You can view the schedule of currently applicable fees per pairing and payment method at our Fees page here.

    CoinList Markets reserves the right to adjust or waive its Transaction Fees at any time. We will always notify you of the Transaction Fee which applies to your transaction when you authorize the transaction and in each receipt we issue to you.

    It is the policy of CoinList Markets LLC to not refund its fees for completed transactions unless otherwise required by law.

  4. Reversals Cancellations. You cannot cancel, reverse, or change any transaction marked as “Complete,” and you may not be able to cancel, reverse or change any transaction marked as “Pending.” If your payment is not successful or if your payment method has insufficient funds, you authorize CoinList Markets, in its sole discretion, to either to cancel the transaction or to debit your other payment methods in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance in order to avoid overdraft. CoinList Markets reserves the right to refuse to process, or to cancel or reverse, any instructions for the purchase or sale of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if CoinList Markets suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if CoinList Markets reasonably suspects that the transaction is erroneous; or if CoinList Markets suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, CoinList Markets will instruct our Custodian Partner to reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction. Our Custodian Partner may have similar restrictions.
  5. Payment Services Partners. CoinList Markets may use a third party payment processor to process any US Dollar payment instructions between you and CoinList Markets, including but not limited to payments in relation to your use of the Services or instructions for deposit or withdrawal from your CoinList Markets Accounts.

5) USD Wallet.

  1. USD Wallets. Certain approved Users may establish and fund a U.S. Dollar balance with Silvergate Bank ("USD Wallet") to facilitate transaction instructions on the CoinList Markets Site. You are the owner of the balance of your USD Wallet. CoinList Markets' holds your USD balance in dedicated custodial account with Silvergate Bank (“USD Custodian”).
  2. Deposits and Withdrawals. You may initiate a transfer from your linked bank account to fund your USD Wallet. CoinList Markets will not charge a fee for you to transfer funds to or from your USD Wallet, but bank transfer fees may apply, and fees from our USD Custodian may apply.For deposits, CoinList Markets will credit your USD Wallet a corresponding amount of dollars after funds are delivered to USD Custodian, typically within five to seven business days for ACH transfers and one to three business days for wire transfers after you authorize a deposit, although we may instruct our USD Custodian to debit your linked payment method as soon as the same day you initiate the transfer. For withdrawals, CoinList Markets will immediately instruct our USD Custodian to debit your USD Wallet when you authorize a withdrawal and funds will typically settle to you within two to three business days. We may not process a transfer instruction if associated bank fees exceed the value of the transfer.
  3. Commingled USD Account: CoinList Markets may use an omnibus account, controlled by CoinList Markets or our USD Custodian, to hold USD on behalf of users. CoinList Markets may commingle user's USD, but will not commingle CoinList Market's users' USD and its own USD. CoinList Markets shall have no obligation to segregate any user's USD from any other user's USD.

6) General Use, Prohibited Use, and Termination.

  1. Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the CoinList Markets Site, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by CoinList Markets from time to time. Any other use of the CoinList Markets Site or Content is expressly prohibited and all other right, title, and interest in the CoinList Markets Site or Content is exclusively the property of CoinList Markets and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “https://coinlist.co/ ”, “CoinList”, “CoinList Markets” and all logos related to CoinList or displayed on the CoinList Markets Site are either trademarks or registered marks of CoinList Markets, its affiliatesor its licensors. You may not copy, imitate or use them without our prior written consent.
  2. Website Accuracy. Although we intend to provide accurate and timely information on the CoinList Markets Site, the CoinList Markets 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 CoinList Markets Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the CoinList Markets Site.
  3. Third-Party Applications. If, to the extent permitted by CoinList Markets from time to time, you grant express permission to a third party to access or connect to your CoinList Markets Account, either through the third party's product or service or through the CoinList Markets Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your CoinList Markets Account. Further, you acknowledge and agree that you will not hold CoinList Markets responsible for, and will indemnify CoinList Markets from, any liability arising out of or related to any act or omission of any third party with access to your CoinList Markets Account. You may change or remove permissions granted by you to third parties with respect to your CoinList Markets Account at any time through the Account Settings page on the CoinList Markets Site.
  4. Prohibited Use. In connection with your use of the CoinList Markets Services, and your interactions with other Users, and third parties, you agree and represent you will not engage in any Prohibited Business or Prohibited Use, as defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your CoinList Markets Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
  5. Transactions Limits. The use of all CoinList Markets Services may be subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). To view your limits, login to your CoinList Markets Account and visit this page. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. CoinList Markets reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at markets@coinlist.co . We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with CoinList Markets staff (such process, “Enhanced Due Diligence”). CoinList Markets reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
  6. Suspension, Termination, and Cancellation. CoinList Markets may: (a) suspend, restrict, or terminate your access to any or all of the CoinList Markets Services, and/or (b) deactivate or cancel your CoinList Markets Account if: we are so required by a facially valid subpoena, court order, or binding order of a government authority; or we reasonably suspect you of using your CoinList Markets Account in connection with a Prohibited Use or Business; or use of your CoinList Markets Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or our service partners are unable to support your use; or you take any action that CoinList Markets deems as circumventing CoinList Markets' controls, including, but not limited to, opening multiple CoinList Markets Accounts or abusing promotions which CoinList Markets may offer from time to time. If CoinList Markets suspends or closes your account, or terminates your use of CoinList Markets Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits CoinList Markets from providing you with such notice. You acknowledge that CoinList Markets' decision to take certain actions, including limiting access to, suspending, or closing your Account, may be based on confidential criteria that are essential to CoinList Markets' risk management and security protocols. You agree that CoinList Markets is under no obligation to disclose the details of its risk management and security procedures to you. You will be permitted to transfer Digital Currency or funds associated with your Hosted Digital Currency Wallet(s) and/or your USD Wallet(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your CoinList Markets Account at any time by withdrawing all balances from your account and visiting this page. You will not be charged for canceling your CoinList Markets Account, although you will be required to pay any outstanding amounts owed to CoinList Markets or its affiliates and to our Custodian Partners. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
  7. Relationship of the Parties. CoinList Markets 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 CoinList Markets to be treated as partners, joint ventures, or otherwise as joint associates for profit.
  8. Privacy of Others; Marketing. If you receive information about another User through the CoinList Markets Services, you must keep the information confidential and only use it in connection with the CoinList Markets 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 CoinList Markets Services. Additional information regarding our Privacy Policy can be found here.
  9. Password Security; Contact Information. 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 CoinList Markets Services. You should only give such information to individuals who have the authority to take actions on behalf of any entity account holder and we assume that such individuals have such authority. CoinList Markets requires the use of Two Factor Identification for your account. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your CoinList Markets Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your account with our Custodian Partner 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 account login credentials due to no fault of CoinList Markets and/or your failure to follow or act on any notices or alerts that we may send to you. In the event you believe your CoinList Markets Account information has been compromised, contact CoinList Markets Support immediately at markets@coinlist.co , or report your claim by phone at 212-500-1159.
  10. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the CoinList Markets Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your CoinList Markets Account.
  11. Unclaimed Property. If you have funds in your account, and CoinList Markets is unable to contact you and has no record of your use of the Services for several years, applicable law may require CoinList Markets to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, CoinList Markets will try to locate you at the address shown in our records, but if CoinList Markets is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. CoinList Markets reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

7) Customer Feedback, Queries, Complaints, and Dispute Resolution.

  1. Contact CoinList Markets. If you have any feedback, questions, or complaints, write to us at CoinList Markets Customer Support, markets@coinlist.co or 101 West 23rd Street, #231, New York, NY, 10011. When you contact us please provide us with your name, address, and any other information we may need to identify you, your CoinList Markets Account, and the transaction on which you have feedback, questions, or complaints. If you prefer to call us or believe your account has been compromised, you may also report your claim by calling 212-500-1159.
  2. Arbitration; Waiver of Class Action. If you have a dispute with CoinList Markets, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the JAMS rules for arbitration of consumer-related disputes (accessible at https://www.jamsadr.com/rules-comprehensive-arbitration) and you and CoinList Markets hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator in the Southern District of New York. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, 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.

    If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding in a court. We will pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this section is invalid or unenforceable, that provision shall be severed and the other parts of this section shall still apply. In any case, the remainder of this User Agreement will continue to apply.

8) General Provisions.
  1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from CoinList Markets. Always log into your CoinList Markets Account through the CoinList Markets Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
  2. Release of CoinList Markets; Indemnification. If you have a dispute with one or more Users of the CoinList Markets services, you release CoinList Markets, 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. You agree to indemnify and hold CoinList Markets, its affiliates and Service Providers, and each of its or 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 your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
  3. Limitation of Liability; No Warranty. IN NO EVENT SHALL COINLIST MARKETS, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY REFLECTED IN YOUR COINLIST MARKETS ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE COINLIST MARKETS SITE OR THE COINLIST MARKETS SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COINLIST MARKETS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT COINLIST MARKETS FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    THE COINLIST MARKETS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COINLIST MARKETS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. COINLIST MARKETS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE COINLIST MARKETS SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

    CoinList Markets makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. CoinList Markets 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 CoinList Markets makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

  4. Entire Agreement. This Agreement, the Privacy Policy, E-Sign Content, onboarding representations, Subscriber Agreement and any Appendices incorporated by reference herein comprise the entire understanding and agreement between you and CoinList Markets 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 CoinList Markets. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
  5. Amendments. We may amend or modify this Agreement by posting on the CoinList Markets Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your Account. You agree that we shall not be liable to you or any third party for any modification or termination of the CoinList Markets Services, or suspension or termination of your access to the CoinList Markets Services, except to the extent otherwise expressly set forth herein.
  6. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any CoinList Markets affiliates or subsidiaries, or to any successor in interest of any business associated with the CoinList Markets 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.
  7. 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.
  8. Change of Control. In the event that CoinList Markets is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign this Agreement and any information we have collected from you as part of such merger, acquisition, sale, or other change of control.
  9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, CoinList Markets Account cancellation, debts owed to CoinList Markets, general use of the CoinList Markets Site, disputes with CoinList Markets, and general provisions, shall survive the termination or expiration of this Agreement.
  10. Governing Law. You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and CoinList Markets, except to the extent governed by federal law.
  11. Force Majeure. We shall not be liable for delays, failure in performance or interruption of Services 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.
  12. English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
  13. Non-Waiver of Rights. This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.

PART 2: CoinList Markets Trading Rules

1) Trading on CoinList Markets

  1. Open Order Book Trading. CoinList Markets anticipates operating a central limit order book trading platform, and will settle trades in a number of Digital Currencies and Fiat Currency Trading Pairs. Each User's Account will list which Order Books are available to the User. The following set of Rules governs Orders placed via the open Order Books.

    Orders

    1. To place an Order on an Order Book, a User must have an available balance of the relevant trading pair in their Account which is sufficient to cover the total value of the Order plus any applicable fees.
    2. When a User places an Order, that quantity of the relevant trading pair becomes subject to a Hold.
    3. A User can place the following types of Order:
      1. Limit Order
      2. Market Order (Buy or Sell)
      3. Stop Order
      4. Immediate or Cancel
      5. Fill or Kill
      6. Good 'Til Cancelled
      7. Good 'Til Time.
    4. A User may cancel an open Maker Order or Stop Order at any time before it is Filled. No fees are charged for canceled Orders.
  2. Limit Orders
    1. A Limit Order is an Order to buy or sell a specified quantity of a Digital Currency at a specified price.
    2. A Limit Order will only ever fill at the specified price or a better price.
    3. A Limit Order with 'post-only' selected will only be posted to the Order Book if it would not be posted at the same price as an existing Order on the Order Book. A Limit Order with 'post-only' selected will always be a Maker Order.
    4. A Limit Order without 'post-only' selected will be immediately posted to the Order Book (subject to any Time in Force Instructions) and can result in a Maker Order or a Taker Order, or an Order that is partially a Maker Order and partially a Taker Order.
    5. Limit Orders may be placed with one of the following Time in Force Instructions.
      1. Good til canceled: if posted, the Order will remain on the Order Book until canceled by the User. This is the default Time in Force Instruction.
      2. Immediate or Cancel: the Order will only be posted to the Order Book to the extent that it would be immediately Filled; any remaining quantity is canceled. This results in a Taker Order.
      3. Fill or Kill: the Order will only be posted to the Order Book if it would be immediately and completely Filled. This results in a Taker Order.
  3. Market Orders
    1. A Market Order is an Order to buy or sell a specified quantity of an Asset at the best available price of existing Orders on the Order Book.
    2. There is no guarantee that a Market Order will Fill at the price specified. A Market Order may Fill at a number of different prices, based on the quantity of the Market Order and the quantities of the existing Orders on the Order Book at the time.
    3. Depending on the volume and prices of Orders on the Order Book at the time when a Market Order is posted, the Market Order may Fill at a price less favorable than the most recent trade price, in some cases significantly so. This is commonly referred to as “slippage.”
    4. A valid Market Order will be immediately posted to the Order Book. A Market Order is always a Taker Order.
  4. Stop Orders
    1. A Stop Order is an instruction to post an Order to buy or sell a specified quantity of an Asset but only if and when the last trade price on the Order Book equals or surpasses the Stop Price.
    2. Once a Stop Order has been placed, it is considered 'active' until it executes by posting the relevant Order when the Stop Price is triggered.
    3. A Stop Order is not posted to the Order Book and is not visible to other Users, but any resulting Order is posted and visible. All Stop Orders are placed without “post-only” enabled.
    4. A Stop Order can be placed as either a Stop Market Order, which posts a Market Order when the Stop Price is triggered, or a Stop Limit Order, which posts a Limit Order when the Stop Price is triggered.
    5. A Stop Market Order is subject to slippage in the same way as ordinary Market Orders. A Stop Limit Order is not guaranteed to Fill. The CoinList Markets Site will display a warning each time a User attempts to place a Stop Order.
      1. Stop Orders may be placed with one of the following Time in Force Instructions.
      2. Good til canceled: if posted, the Order will remain on the Order Book until canceled by the User. This is the default Time in Force Instruction. Good til time: if posted, the Order will remain on the order book until a certain time is reached or the Order is canceled by the User.
      3. Warnings. The CoinList Markets Site will display a warning to Users who attempt to place an Order which would completely or partially fill at a price which is more than 2% away from the last trade price (slippage warning).
  5. Posting of Orders to the Open Order Book
    1. Taker Order. If an Order is posted to the Order Book at the same price as one or more existing Orders, it is a Taker Order which will result in an immediate Fill at that price, to the extent of the total quantity of those existing Orders.
    2. Maker Order. To the extent that an Order is posted to the Order Book at a different price to all existing Orders, it is a Maker Order which will remain open at that price on the Order Book until:
      1. It is canceled by the User;
      2. It expires due to a Time in Force Instruction; or
      3. It is completely Filled by one or more Taker Orders placed by another User at the same price.
  6. Open Order Book Matching Engine and Order Priority.
    1. To the extent CoinList Markets' Open Order Book is operational, it will match Taker Orders with Open Maker Orders on each Order Book based on Price-Time Priority.
    2. Price-Time Priority means that each time a Taker Order is posted: The Taker Order is matched with the earliest in time Maker Order at the best price on the Order Book; and To the extent that the Taker Order is not completely Filled by that Maker Order, it is matched with any subsequent Maker Orders at that price, in the sequence those Maker Orders were posted; and To the extent that the Taker Order is not completely Filled by one or more Maker Orders described above, it is matched with one or more Maker Orders at the next best price, in the sequence those Maker Orders were posted, and this process is repeated until the Taker Order is completely Filled.
    3. All Users on accessing CoinList Markets are subject to the same Price-Time Priority.
    4. Subject to Time in Force Instructions, an Order may be matched with a number of corresponding Orders at the same price.
    5. Taker Orders are matched with the best available existing Maker Orders. This means that a Limit Order placed outside the market (i.e. a sell Order below the highest existing buy Order, or a buy Order above the lowest existing Sell Order) will be Filled by the best available existing Order rather than an existing Order with the same price as the Limit Order.
  7. Open Order Book Fills and Settlement
    1. When a Maker Order is matched with a Taker Order, those Orders are Filled. An Order may be matched with and Filled by one or more Orders at the same price.
    2. CoinList Markets settles all Filled Orders immediately, by instructing its Custodian Partner to debit and credit the relevant balances of Assets on behalf of both Users.
  8. Request For Quote Trading Platform. CoinList Markets operates a Request for Quote (“RFQ”) trading platform. Users may customers can submit Market Orders to purchase or sell a single Digital Currency (a “Buy Order” or “Sell Order”) in exchange for a Fiat Currency or another Digital Currency. The following set of Rules governs Orders placed via the RFQ system.
  9. Trading through CoinList Markets' RFQ Platform
    1. CoinList Markets operates a RFQ trading platform, and settles trades in a number of Digital Currencies and Fiat Currency Pairs. Each User's Account will list which Digital Currencies are available to the User.
    2. RFQ Orders
      1. To place an Order, a User must have an available balance of the relevant trading pair in their Account which is sufficient to cover the total value of the Order plus any applicable fees.
      2. When a User places an Order, that quantity of the relevant trading pair becomes subject to a Hold.
      3. CoinList Markets only supports Market Orders (Buy or Sell) through the RFQ trading platform.
      4. Upon entering an Order for a specified quantity, the User will be displayed a Quote price and fees by CoinList Markets' and/or our Liquidity Partners.
      5. The Quote price will be locked for 30seconds (“Live Quote Period”) during which time, the User may accept or execute at the Quote Price or decline (Cancel) the Order. Orders Executed during the Live Quote Period will be considered final.
      6. When an Order is executed by the User, that Order is Filled.
      7. CoinList Markets settles all Filled Orders immediately, by debiting and crediting the relevant balances of Assets in the User's Account.
      8. Open Orders un-executed after the Live Quote Period will be considered Expired after which you must input a new Order to execute a trade. No fees are charged for expired or canceled Orders.

2) Order Minimums

  1. Order Minimums. Orders placed on CoinList Markets may be subject to the following minimum order sizes:.
    1. Market Order Minimums. Order minimums for Market Orders are enforced as follows:
    2. Purchase Orders - order minimums are enforced on the quote currency. For example, the ETH-USD book has a minimum size of 10 USD.
    3. Sale Orders - order minimums are enforced in the base currency. For example, the BTC-USD book has a minimum size of 0.001 BTC.
  2. Order Maximums. Orders placed on CoinList Markets may be subject to maximum order sizes. For example: on the ETH-BTC Order Book, orders denominated in ETH may be subject to a 600 ETH maximum, orders denominated in BTC may be subject to a 50 BTC maximum.
  3. Updating Order Minimums and Maximums. CoinList Markets will periodically update these Order Minimums and Order Maximums to reflect the current state of our marketplace and the notional value of the assets.
  4. User Specific Order Minimums and Maximums. CoinList Markets may restrict individual users minimum and maximum order size in its sole discretion. To view your limits, login to your CoinList Markets Account and visit this page. Your Order limits may vary depending on your payment method, verification steps you have completed, and other factors. CoinList Markets reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to adjust your limits beyond the posted amounts, you may submit a request at markets@coinlist.co . We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with CoinList Markets staff (such process, “Enhanced Due Diligence”). CoinList Markets reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.

3) Trading Fees

  1. CoinList Markets charges a fee for each transaction conducted on the Platform.
  2. The fee is charged by debiting the User's Available Balance for the amount of the fee at the time Executed.
  3. Fees may vary between products and services. The current fee rates can be found here.
  4. CoinList Markets reserves the right to waive or discount its fees to any user.

4) Market Integrity

CoinList Markets attempts to maintain a fair and orderly market for all Users. The following rules apply across CoinList Markets' trading platform.

  1. All Trades are Final
  2. All Fills are final and will not be reversed unless:
    1. CoinList Markets is compelled to do so by any applicable law or regulation; or
    2. Due to a serious technical error, Orders or Fills do not occur as specified in these Rules - in which case CoinList Markets will make all reasonable efforts to restore all Users to the position they would have been in had the error not occurred.
  3. CoinList Markets may cancel Open Orders in the following circumstances:
    1. Orders placed by Users who, in our sole discretion, have engaged inProhibited Use or abusive use of the platform, for example, Market Manipulation.
    2. Orders which under the circumstances involve an obvious error with respect to price, quantity, or other parameters - a “clearly erroneous transaction.”
    3. If required by any applicable law or regulation, including specifically where CoinList Markets is required to suspend or terminate a User's CoinList Markets Account.
    4. If required for technical reasons.
  4. Access to CoinList Markets
    1. All Users have equal access to the CoinList Markets Sites. CoinList Markets does not provide prioritized access to any User.
    2. CoinList Markets has the authority to take any action deemed appropriate to preserve market integrity. Such actions include, but are not limited to, the halting of trading, modifying risk-mitigating parameters, restricting User access to Accounts or to the CoinList Markets Site, restricting order types to post-only or limit only, canceling orders resting in the order book, or any other actions deemed to be in the best interest of CoinList Markets Site.
  5. Interruptions
    1. If technical reasons prevent or degrade Users' ability to place or cancel Orders, or prevent or degrade access to CoinList Markets Sites or affect the operation of CoinList Markets Order Books or matching engines, then CoinList Markets may, in its discretion, take one or more of the following actions in respect of one or more Order Books;
      1. Cancel Open Orders.
      2. Disable the ability to place new Orders (Cancel-Only Mode).
      3. Disable sign-in.
      4. Disable access to the CoinList Markets Site.
    2. If access to CoinList Markets through the CoinList Markets Site is unavailable for a prolonged period of time but the RFQ or matching engine is still operational, CoinList Markets will move to Cancel-Only Mode as soon as reasonably possible.
    3. If CoinList Markets is in Cancel-only Mode, it will be restored to fully operational only after access through the CoinList Markets Site becomes available for a reasonable amount of time and CoinList Markets deems is it safe to restore full operations.
    4. CoinList Markets will notify Users of the move to or from Cancel-Only Mode via email, Twitter and/or through posting on the https://coinlist.co/ website.
  6. Self-Trade Prevention
    1. Users are not able to place an Order which would result in self-execution—i.e., where the same User would act as both the maker and taker for the trade.
    2. If two Orders of the same quantity would result in self-execution, both Orders are canceled.
    3. If two Orders of different quantities would result in self-execution, the smaller Order is canceled and the larger order is decremented by an amount equivalent to the smaller quantity. The remainder of the larger order remains Open.
  7. Flash Crashes and Circuit Breakers. CoinList Markets does not use circuit breakers or automated trading halts based on predetermined price bands. As provided herein, CoinList Markets may, in its discretion, halt trading.
  8. Market Manipulation Prohibited.
    1. Users are prohibited from engaging in Market Manipulation.
    2. Market Manipulation of any kind is strictly prohibited. Market Manipulation is defined as actions taken by any market participant or a person acting in concert with a participant which are intended to:
      1. Deceive or mislead other Users;
      2. Artificially control or manipulate the price or trading volume of a Digital Currency; or
      3. Aid, abet, enable, finance, support, or endorse either of the above. This may include actions on CoinList Markets Site or outside of CoinList Markets Site.
    3. Market Manipulation specifically includes, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing.

5) Access to Information

  1. All Users have full and equal real-time access to Market Data. Market Data is made available through the CoinList Markets Site.
  2. Market Data comprises the following:
    1. All Limit Orders placed on the Order Book (price, quantity, and time). All canceled Orders on the Order Book (price, quantity, and time).
    2. All Fills or Executions (price, quantity, and time).
  3. Market Data does not include the following:
    1. Resting Stop Orders (Stop Orders that have been placed but not triggered)
    2. Any information about which User placed or canceled an order.
  4. CoinList Markets Employee Access
    1. CoinList Markets policies prohibit all CoinList Markets employees from using inside, corporate or proprietary information to trade digital assets or securities.
    2. CoinList Markets employees are prohibited from trading personal accounts on CoinList Markets.

6) Scheduled Downtime

  1. From time to time, CoinList Markets may suspend trading temporarily for maintenance or upgrades. Absent extenuating circumstances, CoinList Markets will follow this process for closing and re-opening trading:
    1. Step 1: Announce Scheduled Downtime via email, twitter and/or the CoinList Markets Site.
    2. Step 2: Scheduled Downtime Begins
    3. Step 3: Immediately after Scheduled Downtime is Completed
      1. All books enter Post-Only mode
      2. Announce the above via email, twitter and/or the CoinList Markets Site
      3. To ensure a fair and orderly marketplace, CoinList Markets may, in its discretion, cancel all resting limit orders in an Order Book before moving the market to post-only mode or to limit-only mode
    4. Step 4: At least 10 minutes after Step 3; or longer if necessary, all books enter Limit-Only mode
      1. Announce the above via email, twitter and/or the CoinList Markets Site
    5. Step 5: At least 10 minutes after Step 4; or longer if necessary:
      1. All books enter Full-trading mode
      2. Announce the above via email, twitter and/or the CoinList Markets Site

7) Definitions. In these CoinList Markets Trading Rules, the following words and phrases have the corresponding meanings.

  1. Account means a User's CoinList Markets Account.
  2. Asset means a Digital Currency or Fiat Currency.
  3. Available Balance means a User's Total Asset Value less any amounts held for Open Orders and fees.
  4. Base Asset means the Asset being traded on the Order Book; the first Asset in the Trading Pair. For example, on the BTC-USD Order Book, BTC is the Base Asset and USD is the Quote Asset.
  5. Cancel-only Mode means that Users cannot place new Orders. Users are able to cancel open Orders. No Orders will be filled.
  6. Digital Asset means a blockchain-based digital currency, security, app coin or protocol token which is offered for trading on CoinList Markets.
  7. Fiat Currency means a government-issued currency.
  8. Fill means a match of two Orders. Also referred to as an execution.
  9. Full Trading Mode means normal operation of CoinList Markets. Users can place Market Orders and Limit orders and can cancel Orders.
  10. Hold means the setting aside of Assets allocated to an Order.
  11. Buy Order means an Order to buy a specified quantity of an Asset at the best available price provided through CoinList Markets.
  12. Sell Order means an Order to buy a specified quantity of an Asset at the best available price provided through CoinList Markets.
  13. Limit Order means an Order to buy or sell a specified quantity of an Asset at a specified price.
  14. Limit-only Mode means that Users can only place and cancel Limit Orders but any Market Order will be rejected. During this mode, Limit Orders can be filled.
  15. Market Order means an Order to buy or sell a specified quantity of an Asset at the best available price through the RFQ or of existing Orders on the Order Book.
  16. Order means an instruction to buy or sell a specified quantity of the Base Asset at a specified price in the Quote Asset.
  17. Order Book means each order book on which Orders are placed for trading in a Trading Pair.
  18. Open Order means a Maker Order which has been posted but not Filled, canceled or expired, or a Stop Order which is currently active.
  19. Post-only Mode means that Users can only place an Order if it would be posted to the Order Book as a Maker Order. An Order which would be posted as a Taker Order will be rejected. No Market Orders may be placed and no Orders will be filled. Resting orders may be canceled in post-only mode.
  20. Price-Time Priority means that earlier in time Orders have priority over later Orders.
  21. Quote Asset means the Asset in which trading is denominated on the Order Book; the second Asset in the Trading Pair. For example, on the BTC/USD Order Book, BTC is the Base Asset and USD is the Quote Asset.
  22. Scheduled Downtime means a planned temporary outage for maintenance or upgrades.
  23. Stop Order means an instruction to post an Order to buy or sell a specified quantity of an Asset but only if and when the last trade price on the Order Book equals or surpasses the Stop Price.
  24. Stop Price means the price specified in a Stop Order.
  25. Total Asset Value means the gross value of all of a User's Assets for the relevant Order Book, expressed in the Quote Asset based on the last trade price. This includes all Assets allocated to Open Orders.
  26. User means each customer trading on CoinList Markets.
  27. Trading Halt means that Users cannot place or cancel any Orders.
  28. Liquidity Partner means a certain class of User designated by CoinList Markets eligible to execute against other User Orders on the RFQ Trading Platform.
  29. Trading Pair means each pair of a Base Asset and a Quote Asset offered on CoinList Markets.

APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE

Prohibited Use

You may not use your CoinList Markets Account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of CoinList Markets Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at markets@coinlist.co .By opening a CoinList Markets Account, you confirm that you will not use your Account to do any of the following:

Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where CoinList Markets conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information;

Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the CoinList Markets Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the CoinList Markets Site, other CoinList Markets Accounts, computer systems or networks connected to the CoinList Markets Site, through password mining or any other means; use CoinList Markets Account information of another party to access or use the CoinList Markets Site; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of CoinList Markets;

Abuse Other Users: Interfere with another individual's or entity's access to or use of any CoinList Markets Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the CoinList Markets Site about others, including without limitation email addresses, without proper consent;

Fraud: Activity which operates to defraud CoinList Markets, CoinList Markets users, or any other person; provide any false, inaccurate, or misleading information to CoinList Markets;

Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance;

Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of CoinList Markets intellectual property, name, or logo, including use of CoinList Markets trade or service marks, without express consent from CoinList Markets or in a manner that otherwise harms CoinList Markets or the CoinList Markets brand; any action that implies an untrue endorsement by or affiliation with CoinList Markets.

Prohibited Businesses

In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from CoinList Markets ("Prohibited Businesses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of CoinList Markets involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at markets@coinlist.co .

By opening a CoinList Markets Account, you confirm that you will not use CoinList Markets Services in connection with any of the following businesses, activities, practices, or items:

Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes;

Restricted Financial Services: Check cashing, bail bonds; collections agencies.

Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;

Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen;

Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis;

Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs;

Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;

Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom);

Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features;

Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs;

Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers;

High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.

Conditional Use

Express written consent and approval from CoinList Markets must be obtained prior to using CoinList Markets Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at markets@coinlist.co . CoinList Markets may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use CoinList Markets Services in connection with any of following businesses, activities, or practices:

Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the CoinList Markets Services;

Charities: Acceptance of donations for nonprofit enterprise;

Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize;

Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization.

APPENDIX 2: VERIFICATION PROCEDURES AND LIMITS

As a regulated financial service company operating in the US we are required to identify users on our platform. This ensures we remain in compliance with KYC/AML laws in the jurisdictions in which we operate, something that is necessary for us to be able to continue to offer digital currency exchange services to our customers. CoinList Markets and our affiliates collect and verify information about you in order to: (a) protect CoinList Markets and the community from fraudulent users, and (b) to keep appropriate records of CoinList Markets' customers, and (c) manage any transaction limitations

All customers who wish to use CoinList Markets Services, including the sending and receiving of Digital Assets reconciled to a blockchain, are required to establish a CoinList Markets Account by:

  • Providing your name and valid email address, password and your state and country of residence, and certify that you are 18 years or older,
  • Accepting Terms of Service, onboarding confirmations, Subscriber Agreement and Privacy Policy, and
  • Verifying your identity by submitting the following information (CoinList reserves the right to request additional information as needed; additional information may be requested of entities such as companies and trusts):
    1. Full Name
    2. Date of Birth
    3. Physical address
    4. Social Security Number (or identification number from a government-issued ID for certain types of customers)
    5. Telephone number
  • Submitting a selfie picture from your webcam or mobile phone, as CoinList Markets may require.
  • Submit a copy of an acceptable form of identification (i.e. passport, state driver's license, or state identification card)

Users may be required to sign transactions prior to sending them to CoinList Markets' Custodian Partner. Notwithstanding these minimum verification procedures, CoinList Markets may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any CoinList Markets Service and/or before permitting you to engage in transactions beyond certain volume limits.

This policy describes how CoinList Markets delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.

Electronic Delivery of Communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your CoinList Markets Account and your use of CoinList Markets Services. Communications include:

  • Terms of use and policies you agree to (e.g., the CoinList Markets SubscriberAgreement, Terms of Service and Privacy Policy), including updates to these agreements or policies;
  • Account details, history, transaction receipts, confirmations, and any other Account or transaction information; Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
  • Responses to claims or customer support inquiries filed in connection with your Account.

We will provide these Communications to you by posting them on the CoinList Markets website, emailing them to you at the primary email address listed in your CoinList Markets profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification, as deemed appropriate.

Hardware and Software Requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

  • A device with an Internet connection;
  • A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
  • A valid email address (your primary email address on file with CoinList Markets);
  • Multifactor Authentication enabled; and
  • Sufficient storage space to save past Communications or an installed printer to print them.

How to Withdraw Your Consent

You may withdraw your consent to receive Communications electronically by contacting us at team@coinlist.co or visiting our Privacy Notice page here. If you fail to provide consent or if you withdraw your consent to receive Communications electronically, CoinList Markets reserves the right to immediately close your Account or charge you additional fees for paper copies.

Updating your Information

It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if CoinList Markets sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, CoinList Markets will be deemed to have provided the Communication to you.

You may update your information by logging into your account and visiting settings or by contacting our support team at team@coinlist.co .

APPENDIX 4: STATE LICENSE DISCLOSURES

CoinList Markets maintains licenses to engage in money transmission activities in many states, and these licenses may impact our provision and your use of certain CoinList Markets Services depending on where you live. CoinList Markets' licenses and corresponding required disclosures can be found on the CoinList Markets Licenses Disclosure page here, which is incorporated herein by reference. For questions or complaints about CoinList Markets LLC, contact the state regulatory agencies identified in the Licenses Disclosure page or the Consumer Financial Protection Bureau at 855-411-2372, 855-729-2372 (TTY/TDD), www.consumerfinance.gov.

Please note the following disclosures associated with virtual currency:

  • Virtual currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections.
  • Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of virtual currency.
  • Transactions in virtual currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
  • Some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction.
  • The value of virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that virtual currency disappear.
  • There is no assurance that a person who accepts a virtual currency as payment today will continue to do so in the future.
  • The volatility and unpredictability of the price of virtual currency relative to fiat currency may result in significant loss over a short period of time.
  • The nature of virtual currency may lead to an increased risk of fraud or cyber attack.
  • The nature of virtual currency means that any technological difficulties experienced by CoinList Markets may prevent the access or use of a customer's virtual currency.
  • Any bond or trust account maintained by CoinList Markets for the benefit of its customers may not be sufficient to cover all losses incurred by customers.

Additionally, please note the following disclosures associated with general terms and conditions of your use of the CoinList Markets Site:

  • The customer's liability for any unauthorized Virtual Currency transaction shall be equal to the current market value of the transaction.
  • Fiat withdrawals and deposits, once initiated, can be stopped pursuant to CoinList's policies and procedures, which follow traditional banking best practices. However, any transaction involving digital currencies, once initiated, may not be stoppable.
  • As part of its policies and procedures for disclosure of information, including customer account information to third parties, CoinList adheres to Regulation S-P.
  • CoinList users have a right to receive periodic account statements via email or other means as set forth in Appendix 3.
  • Prior to executing any transaction on our platform, we will provide you with notice of the terms and conditions of the transactions, including the amount of the transaction, the costs associated with the transaction, the type and nature of the transaction, and a warning that, once executed, the transaction may not be undone.
  • After you execute every transaction on our platform, as well as successful withdrawals and deposits, we will send you an email receipt as evidence of the transaction.
  • We will notify you prior to any change in our Terms of Service or Privacy Policy.

By using our Site, you acknowledge your receipt of the disclosures provided above.

POTENTIAL USERS OF DIGITAL OR VIRTUAL CURRENCIES, INCLUDING BUT NOT LIMITED TO BITCOIN, SHOULD BE FOREWARNED OF A POSSIBLE FINANCIAL LOSS AT THE TIME THAT SUCH CURRENCIES ARE EXCHANGED FOR FIAT CURRENCY DUE TO AN UNFAVORABLE EXCHANGE RATE. A FAVORABLE EXCHANGE RATE AT THE TIME OF EXCHANGE CAN RESULT IN A TAX LIABILITY. PLEASE CONSULT YOUR TAX ADVISOR REGARDING ANY TAX CONSEQUENCES ASSOCIATED WITH YOUR HOLDING OR USE OF DIGITAL OR VIRTUAL CURRENCIES.

APPENDIX 5: COINLIST MARKETS BUSINESS CONTINUITY PLAN

CoinList Markets LLC ("CLM" or the "Firm") has developed a Business Continuity and Disaster Recovery Plan ("BCDRP") on how CLM will respond to events that significantly disrupt its business. Since the timing and impact of disasters and disruptions is unpredictable, CLM will have to be flexible in responding to actual events as they occur. With that in mind, CLM is providing you with this information on BCDRP.

Contacting Us: If after a significant business disruption ("SBD") you are unable to contact CLM as you usually do at team@coinlist.co , you should call our firm phone number (212) 381 0824 / (212) 500 1159 or go to the Firm's public website at https://coinlist.co/ for additional information.

Our Business Continuity Plan CLM plans to quickly recover and resume business operations after an SBD and respond by safeguarding its employees and property, making a financial and operational assessment, protecting the Firm's books and records and allowing its customers to transact business. In short, the Firm's BCDRP is designed to permit CLM to resume operations as quickly as possible, given the scope and severity of the SBD.

The Firm's BCDRP addresses: data backup and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternate physical location of employees; critical supplier, contractor, bank and counter-party impact; regulatory reporting; and assuring its customers prompt access to their funds and securities if CLM is unable to continue its business.

Varying Disruptions SBD can vary in scope, impacting only CLM, a single building of the Firm, the region, city or business district in which the Firm is located. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In the event of a disruption impacting only the Firm or the building in which its located, CLM will transfer its operations to a local site as needed, with the expectation to recover and resume business within 2 business days. In the event a disruption is wider in scope, affecting either the region, city or business district in which the Firm is located, CLM will transfer its operations to a site outside of the affected area and recover and resume business within 3 business days. In the event of a disruption to the Firm's data center, CLM will take steps to promptly transition to a different data center and seek to recover and resume business within one business day. In either situation, CLM plans to continue in business and keep you informed through the Firm's public website (https://coinlist.co/ ) and by email. If the SBD is so severe that it prevents CLM from continuing its business, CLM will assure our customer's prompt access to their funds and securities.

For more information If you have questions about the Firm's BCDRP, please contact us at team@coinlist.co .