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:
1. General Terms and Conditions
2. Registration; Accounts
3. Intellectual Property Rights
5. Notice and Procedure for Making Claims of Intellectual Property Infringements
6. Restrictions on Use of the Site
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.
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
10. Limitation of Liability and Disclaimer of Warranties
THE TERMS OF THIS SECTION 10 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
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.
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
14. Consent to Electronic Communications
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 email@example.com .
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.
In addition, as a user of CoinList Lend services you agree to a separate borrower or lender agreement, as applicable.
CoinList Markets User Agreement
CoinList Markets can only provide services to residents of the following states: Alabama; Arkansas; Arizona; California; Colorado; Delaware; District of Columbia; Florida; Georgia; Idaho; Iowa; Illinois; Indiana; Kansas; Kentucky; Maine; Maryland; Massachusetts; Michigan; Missouri; Mississippi; Montana; North Dakota; Nebraska; New Jersey; New Hampshire; New Mexico; Ohio; Oklahoma; Oregon; Pennsylvania; Rhode Island; South Carolina; 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 31000158383629. CoinList Markets is registered with the Nationwide Multistate Licensing System and Registry (NMLS), ID number 1785267.
Last updated: October 19, 2019
1) Basic 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.
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.
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).
4) CoinListMarkets Services.
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.
5) USD Wallet.
6) General Use, Prohibited Use, and Termination.
7) Customer Feedback, Queries, Complaints, and Dispute Resolution.
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.
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.
1) Trading on CoinList Markets
2) Order Minimums
3) Trading Fees
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.
5) Access to Information
6) Scheduled Downtime
7) Definitions. In these CoinList Markets Trading Rules, the following words and phrases have the corresponding meanings.
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 firstname.lastname@example.org .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.
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 email@example.com .
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.
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 firstname.lastname@example.org . 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.
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:
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:
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:
How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us at email@example.com 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 firstname.lastname@example.org .
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:
Additionally, please note the following disclosures associated with general terms and conditions of your use of the CoinList Markets Site:
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.
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 email@example.com , 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 firstname.lastname@example.org .