In order to tailor our subsequent communications to you and continuously improve our trading services and support, we may also ask you to voluntarily provide us with information regarding your personal or professional interests, demographics, experience with our products, and contact preferences. Generally, you can visit the Fxpopsan.com Site without entering any PII. However, if you choose to place an investment virtual currency deposit on the Fxpopsan Exchangers Site, we require that you provide your name, mailing address, billing address, email address, phone number, wallet address, and any other document relevant to your destiny residence for legal and taxes implications.
All of this information is necessary for us to complete the transaction.
Children’s Policy - The Website is not intended for use by children, and children under the age of 17 are not authorized to use the Website and should not submit any personal information to us. We do not knowingly market to or solicit information from children under the age of 17. II. Revisions to this Policy
We reserve the right to revise, amend, or modify this Policy and Our other policies and agreements at any time and in any manner. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page prior to the change becoming effective. You should periodically check for any modifications of this Policy by re-visiting this web page and using the “refresh” button on your browser prior to your use of the Site and the Services. You should note the date of last revision to this Policy, which appears at the top right of this Policy. If the “last modified” date remains unchanged after you have clicked the “refresh” button on your browser, you may presume that no changes have been made since the last reading of the Policy. A changed “last modified” a date indicates that this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting. In a merger or acquisition of the Company, customer personal information will likely form part of the assets to be transferred. Any and all changes to this Policy arising from such merger or acquisition will be posted on the Site and you will be notified of the changes via a news update within your account settings page.
Personal Information that We Collect Visitors to fxpopsan.com Site, and users of Fxoposan Exchangers Services, will have multiple manners of interactivity with us. Depending upon your level of interaction, we will collect different information about you. The type of information collected is as follows:
Members are those Users who interact with Our services in a way which requires registration, for example, participating in the Exchange or Our user discussion forums, if applicable (“Forums”). As a Member, You may be prompted to provide Your name, Your residence address and mailing address (if different), Your telephone number, a valid email address, Your date and place of birth, a copy of a valid photo ID or passport, proof of residence, Your government issued identification number, other personal information necessary to verify your Identity, and Your Bitcoin wallet addresses and related information (“personal information”) which may lead to Your personal identification.
Browsers are visitors to the Site who never enter into any active data collection pages or use the Services or Exchange. Browsers may, however, view content posted by Members. Any information gathered from Browsers is also gathered from Members. This information is restricted to cookies, IP Addresses and Referral URLs, and other passive information gathering devices. Browsers are also considered Users of the Site.
How We Collect Information from You
1. Passive Collection
2. Active Collection
We collect information from you when You register for an Traders account to use the Services or Exchange and when You use such Services.
How We Use Your Information
Primary uses for Your information are to provide You with services You have requested and/or paid for, to conduct customer identification and anti-money laundering reviews and compliance and to comply with applicable law. We may also use your information to deliver customized services to you. Member personal information, login information and e-mail addresses may be disclosed to third parties for the purpose of providing certain features or third-party services associated with the Exchange, including Our Anti-Money Laundering client verification providers for the purpose of complying with applicable laws. The Site may contain links to other third party websites, which are regulated by their own privacy policies. We are not responsible for the privacy policies of these other third party websites even if You accessed them using links from the Site or were linked to the Site from a third party website. We are not responsible for how third parties use your information, and you should become familiar with such third parties’ privacy policies prior to requesting their services. Non-personal and aggregate information, such as that collected passively, is used in order to customize our marketing efforts or to customize the efficient use of Our Site for an aggregate group of customers. We additionally may use the personal information of Users whose membership has expired or has been cancelled in order to market our services to these individuals in the future. We generally will use your information for the purposes for which you specifically provide it, for example, to ensure payment for subscription services, if applicable. We may also use your information for market research purposes in the form of aggregate data – in order to increase Your (and other Users’) experience according to tracked interests, to analyze and target potential new markets, and for other marketing purposes. Such general information may be shared with third parties to show general service usage but is however not linked to personally identifiable information.
We protect your personal information very seriously and recognize the need to keep Your personal information registered with the Site secure. Save as expressly provided herein, Your personal information will not be passed on by Us or by Our agents for use by third parties in any form whatsoever unless We have obtained Your consent or are legally required to do so or except for the following purposes. It is our policy not to use or share the personal information about Browsers or Members in ways unrelated to those described in this Policy without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, We may disclose personal information about Browsers or Members (including all information and documentation provided to us concerning a Member), or information regarding Your use of the services or Site(s) accessible through Our services, for any reason if, in Our sole discretion, We believe that it is reasonable to do so, including but not limited to:
1. To satisfy or comply with any laws, such as the Electronic Communications Privacy Act, regulations, or governmental, or legal requests for such information
2. To conduct our customer identification and anti-money laundering reviews and compliance (e.g., by providing personal information about Members to third-party identity verification services)
3. To make reports concerning suspicious activity, potential money laundering, terrorism financing or other potentially unlawful activity to law enforcement agencies, regulatory agencies and other governmental agencies in any jurisdiction where we deem it appropriate in our sole discretion
4. To disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms & Conditions or other User policies
5. To operate Our Site, Services and Exchange properly
6. To protect Ourselves, Our Members, and the general public, We specifically reserve the right to disclose any and all information to law enforcement in the event that a crime is committed, is suspected, or if We are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
7. It is further within our sole discretion to cooperate with and disclose information to law enforcement, private party litigants and governmental agencies, about Our Users to the extent required by applicable law.
8. If we have reason to believe that a Member is not the owner an account, even if the account use is authorized, we may provide information about you.
9. Anyone who violates Our Anti-Spam Policy, if applicable, may have their personal information made public. If there is any investigation on any unlawful spamming, or any use of bulk e-mail in order to promote Your User profile, or any use of bulk e-mail in any manner that leads back to Our Site, or any one of Our Sites, We may take such steps as we deem appropriate in our discretion to ensure that Your bulk e-mail activities stop.
Applicable Law/International Issues
Because Fxpopsan Exchangers is committed to protecting your privacy, Information that is submitted to this Site will be collected, processed, stored.
We may send You periodic announcements including the details of Our existing and new programs. If You opt-out of these marketing emails, You may still receive system notices and other information that is specifically related to Your account. If you provide your information to us, use the Site, or subscribe to any of Our Services, You will have created a commercial relationship with India. In having done so, You understand that even unsolicited commercial email sent from Us or Our affiliates is not SPAM as that term is defined under applicable law. If you have any questions about security on our Web site, you can email us at email@example.com
Fxpopsan Exchangers Terms and Conditions
By using, accessing, ordering services, buying memberships, buying packages, downloading documents, selling memberships, and selling packages from this Website, you hereby agree to be bound by all of the following terms and conditions:
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Enhance, add to, modify or discontinue the Site or other Offerings, or any portion of the Site or other Offerings, at any time in our sole discretion.
2. Use of Site
You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We expressly disclaim any liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software in connection with the use of the Site or Offerings. Unless otherwise specified, Fxpopsan Exchangers, its affiliates and subsidiaries Web Sites are for your personal use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from Fxpopsan Exchangers’s Web Sites. Fxpopsan Exchangers authorizes you to view and download the materials at this Web Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
3. Terminating this Agreement
This Agreement will remain in effect as long as you access the Website, sell or buy any membership, sell or buy any package, or order any service from the Website. We reserve the right to terminate this Agreement without notice and/or refuse to sell to anyone who We believe, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services we provide, or (iii) is unable to provide us with sufficient information to allow us to properly identify the customer’s, independent distributor or club member real name, address, telephone number, legal identification card, passport or other information.
4. Individuals, Corporations, Tax Exempt Entities
You represent and warrant that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) you are at least the age of seventeen (17) and are accessing the Site with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to this Agreement. Certain features on this Site (including, but not limited to, user registration) and certain Offerings may be subject to heightened age and/or other eligibility requirements.
Fxpopsan Exchangers will only consider for acceptance as club member, Independent distributor or club member that fall into one of the following categories:
a) Individuals who are of the legal age.
b) Married couples of which at least one is under the legal age requirement.
c) Corporations in good standing in the state, province, or country of their incorporation.
a) Errors by Club Members sending in wrong information for themselves or on behalf of clients.
b) Delays or errors caused by weak Internet connection, virus in your computer, hacker attack to your computer, blocking your sign up transmission.
The materials provided at this site are provided ‘as is’ without any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
Fxpopsan Exchangers further does not warrant the accuracy and completeness of the materials at this Site. Fxpopsan Exchangers may make changes to the materials at this Site, or to the products, prices or compensation plan described in them, at any time without prior notice. The materials at this Site may be out of date, and Fxpopsan Exchangers makes no commitment to update the materials at this Site. Information published at this Site may refer to products; programs or services that are intended for use only in a specific country and may not be used or relied upon in any other country. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
6. Termination/Access Restriction.
Fxpopsan Exchangers reserves the right, in its sole discretion, to terminate your access to any or all Fxpopsan Exchangers Web Sites, back office and the related services or any portion thereof at any time, without notice. Reasons for termination include but are not limited to: Defamation, Slander or Libel of Fxpopsan Exchangers or other members
A. Joining another company that promotes digital or crypto currency products in violation of these terms and conditions
B. Falsely promoting Fxpopsan Exchangers in any way that causes damages to Fxpopsan Exchangers’s reputation
C. Promising or guaranteeing any “returns on investment”
D. Transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party
E. Transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interferes with any third party's use and enjoyment of the Site
F. Violate any applicable local, state, federal or international law, rule or regulation
G. Transmit, post, send, upload, distribute, submit or otherwise make available through the Site any content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization
H. Collect or harvest the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers)
I. “frame”, “mirror” or “deep link” any part of the Site or other Offerings without our prior written authorization
J. Promising or guaranteeing any profit
K. Promising or guaranteeing any passive income
L. Using a false identity
M. Fxpopsan Exchangers is unable to verify identity
N. Member owes money to the company
O. Member failed to perform obligations as a member or distributor
P. Unauthorized use of another’s account
Q. Violating any terms and conditions
R. Other misconduct and violations
S. Violations of law of any Country or State
Fxpopsan Exchangers may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
8. Limitation of Liability
In no event will Fxpopsan Exchangers, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information contained at any of all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages, if your use of the materials or information from this site results in the need for servicing, repair or correction of equipment or data, you assume all cost thereof, applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify, and hold harmless Fxpopsan Exchangers, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your misuse or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
10. No one is authorized or allowed to access this Site or use the Services unless he, she or it has signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by various jurisdictions’ laws, such as the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and similar legislation. You manifest your agreement to this Agreement by taking any act demonstrating your assent thereto. Most likely, you have clicked or will click a button containing the words “I agree” or some similar syntax. You should understand that this has the same legal effect as you placing your physical signature on any other legal contract. If you click any link, button or other device provided to you in any part of our Site’s interface, then you have legally agreed to all of these Terms and Conditions. Additionally, by using any part of our Site or Services in any manner, including the Exchange, you understand and agree that such use constitutes your affirmation of your complete and unconditional No one is authorized or allowed to access this Site or use the Services unless he, she or it has signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by various jurisdictions’ laws, such as the Electronic Signatures in Global and National Commerce Act (E-Sign Act) acceptance to all of the terms in this Agreement. Even if you fail to sign this Agreement, you understand and agree that you are still bound by the terms of this Agreement by virtue of your viewing the Site or using any portion of the Site or our Services.
12. Not a bank or Trust account Your account with us (and any available currency therein) is not a bank account, a trust account, a securities account, a credit card or deposit account. Our services are not financial instruments. No interest will be paid on any funds or currency you use to purchase or trade for any other currency, bitcoin, or any other thing with other members, and all assets, including such currency or bitcoin, that are directly held by the company are not insured by the company or any government agency. All currency bought and sold by you will be associated with your account until used to purchase or sell from or with other members or until withdrawn by you.
13.Disclaimer: Risk Factors Fxpopsan Exchangers is not responsible for any loss or damage incurred by you as a result of your use of our Services or for your failure to understand the nature of virtual currencies or the market for such currencies. All we are providing you is a method by which you can exchange, trade, and store certain virtual currencies, and we make no representations or warranties concerning the value, stability, or legality of any such virtual currencies.
You acknowledge the following risks related to your use of the Site and the Services:
1. The risk of loss in trading virtual currencies such as Bitcoin (collectively, “Digital Assets”) may be substantial and losses may occur over a short period of time.
2. The price and liquidity of Digital Assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future.
3. Digital Assets are not legal tender, not backed by any government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections.
4. Legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange and value of Digital Assets.
5. Transactions in Digital Assets may be irreversible, and accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
6. Some Digital Assets 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 transactions.
7. The value of Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, 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.
8. There is no assurance that a person who accepts Digital Assets as a payment today will continue to do so in the future.
9. The nature of Digital Assets may lead to an increased risk of fraud or cyber attack, and may mean that technological difficulties experienced by the Company may prevent the access or use of your Digital Assets.
10. Your account with Fxpopsan Exchangers may not be sufficient to cover all losses incurred by you.
You acknowledge and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of those risks for you, and that Fxpopsan Exchangers does not give advice or recommendations regarding Digital Assets, including the suitability and appropriateness of, and investment strategies for, Digital Assets. You acknowledge and agree that you shall access and use the Services and the Site at your own risk. This brief statement does not disclose all of the risks associated with trading, exchanging, and storing in Digital Assets. You should, therefore, carefully consider whether such trading, exchanging and storing’s are suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of the funds in your Account (as defined below), and that under certain market conditions, you may find it difficult or impossible to liquidate a position.
14.Virtual Currency Values
You understand and agree that, due to technical and other restrictions, the virtual currency values displayed on our Site may be delayed and therefore not reflect the current, live market value of such currency.
Nonetheless, you agree that the values displayed on our Site control your Account and your use of the Site and Services.
15.Your Account Registration Data
In order to use Fxpopsan Exchangers systems, you must create an account with us (your 'Account'). Your Account will be used to store various virtual currency amounts as deposited by you. In creating your Account, you may be asked to provide certain registration details and information. In order to verify your identity, some of this information may be personal, private or detailed. In connection with completing the online registration form, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the 'Registration Data');and you further agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a Member. While we use reasonable efforts to protect the personal information of others from inadvertent release or misappropriation, we are not responsible for the intentional or criminal acts of third parties such as hackers or 'phishers'.
16.Changes to Registration Data
You must promptly inform/update us of all changes, including, but not limited to, changes in your address and changes in any virtual or fiat currency account used by you in connection with the Site and Services, if applicable. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Site and Services by you, as well as subject you to civil liability or refer you to the appropriate law enforcement authorities for criminal prosecution.
17.Your Account Responsibility
You are entirely responsible for any and all activities conducted through your Account. You agree to notify us immediately of any unauthorized use of your password or Member ID, as well as of any other breach of security. While we may implement certain monitoring procedures designed to alert us to fraudulent activity, we are not responsible for any unauthorized use of your Account, and you agree that you are responsible for such unauthorized use and for protecting the confidentiality of your password.
18. Account Transfers
Control or use of your Account may be transferred or sold to a third party. To complete the process you will need to use the form “REQUEST FOR THE TRANSFER OF A FXPOPSAN EXCHANGERS BUSINESS CENTER”. You will send the form as requested and notarized to the email firstname.lastname@example.org. Fxpopsan Exchangers compliance department will verify the request and the process of an account transfer will be complete in 7 business days. If any information is missing, compliance department will notify the current account owner and could denied the request.
A. Affiliates who sign this agreement agree not to communicate or contact any members of their downline for a period of one year from the date of transfer. Any refusal to comply with this agreement will result in the immediate termination of this account and the eventual adoption of further measures.
B. We disclaim any and all liability arising from fraudulent entry and use of the Site. If a User fraudulently obtains access to your Account, we may terminate the User’s access and membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.
19. Password Security
As part of our security measures and policies, please note that we will never ask you, for any reason, whether by email, regular mail or telephone, to disclose your account password. Password inquiries will only be conducted online and only after you have signed onto the company’s site. We will never send you embedded links in an email requesting that you sign onto the site by clicking such a link. If you receive an embedded link by email, claiming to be from us, you should not open it or click on the link. The email in not from us and is likely fraudulent. Never give your account password to anyone whom you do not intend to authorize to use your account.
20. Third Party Account Information In order to provide you with the Services, you may also be required to disclose certain other third-party account information to us, including, without limitation, your Bitcoin addresses and related information. As indicated elsewhere in this Agreement, we are not responsible for any unauthorized use of your Account with the Company or any third-party accounts. Crypto and E- currency Services next Forex and Crypto Trading with Online Earn Money.
Once an order has been executed (transfer user to user Bitcoin, Skrill, Perfect Money, Neteller, Payza, Advcash, PAYEER, OK PAY, WebMoney, PayPal / Paytm / Internet Banking, Credit/Debit Card etc. Available Payment Methods., in your cash wallet or request of payout) and the appropriate currencies have been credited and debited from the Members’ Accounts, we will not be able to reverse the transaction in any circumstances.
From time to time due to technological factors, scheduled software uploads and other factors beyond or within our control, the Site, or other Services may be temporarily interrupted. You agree that we are not liable for any loss and damage arising from such interruption and you agree to hold us harmless against any such interruption of or inability to access the Site or Services.
In addition to allowing Members to trade virtual currency, Fxpopsan Exchangers allows Members to withdraw virtual currency upon request to us. Members may withdraw all or some of their virtual currency, and there is no minimum amount of virtual currency required to maintain your status as a Member (however, as indicated above, you may only trade or sell virtual currency up to the amount shown as belonging to you in the ledger maintained in your wallet). ABC currency will be transferred from the Exchange’s account to the specific Bitcoin address provided by the Member. Withdrawals will generally take up to three (3) business days to complete, provided that larger withdrawals may take up to thirty (30) business days to complete and that any withdrawal may be delayed as necessary to comply with applicable law and/or the Exchange’s customer identification and antimoney laundering procedures.
23. Fxpopsan Exchangers does not engage in the Sales of Securities or Investments of Any Kind
You understand and agree that:
1) Fxpopsan Exchangers does not engage in the sales or offering of securities;
2) This is not an offer for sale of a security, investment contract, investment opportunity, offering, etc., or trust instrument, as defined by the United States Securities Act of 1933, as amended, as well as any law or regulation of any Country, State or Territory.
3) Fxpopsan Exchangers will not be registered as an investment company under the Investment Company Act of 1940, as amended.
4) In making your decision to purchase a membership in Fxpopsan Exchangers, you must rely upon your own examination of the terms of the agreement, including the merits and risks involved. No documentation of Fxpopsan Exchangers have been filed with or approved or disapproved by the Securities and Exchange Commission (“SEC”) or any other state or federal governmental agency or any national securities exchange. Neither the SEC nor any such agency has passed upon the accuracy or adequacy of Fxpopsan Exchangers or the merits of the purchase of a membership of in Fxpopsan Exchangers. Any representation to the contrary is a criminal offense.
Fxpopsan Exchangers will make available to any prospective member of Fxpopsan Exchangers the opportunity to ask questions of and to receive answers from Fxpopsan Exchangers regarding the membership and the terms and conditions of this membership and to obtain any additional relevant information to the extent Fxpopsan Exchangers possesses such information or can obtain it without unreasonable effort or expense.
5) The terms and conditions and membership rights of Fxpopsan Exchangers do not constitute an offer or solicitation in any jurisdiction in which such an offer or solicitation is not authorized or permitted by law.
6) Should any portion of the terms of Fxpopsan Exchangers be considered by any Court to be a security, the TERMS OFFERED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES LAWS OF CERTAIN STATES AND ARE BEING OFFERED AND SOLD IN RELIANCE ON EXEMPTIONS FROM THE REGISTRATION REQUIREMENTS OF SAID ACT AND SUCH LAWS. THE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND EXCHANGE COMMISSION, ANY STATE SECURITIES COMMISSION, OR ANY OTHER REGULATORY AUTHORITY, NOR HAVE ANY OF THE FOREGOING AUTHORITIES PASSED UPON OR ENDORSED THE MERITS OF THIS OFFERING OR THE ACCURACY OR ADEQUACY OF THIS MEMORANDUM. ANY REPRESENTATION TO THE CONTRARY IS UNLAWFUL.
7) Members of Fxpopsan Exchangers SHOULD BE AWARE THAT THEY MAY BE REQUIRED TO BEAR THE FINANCIAL RISKS OF THIS PURCHASE FOR A SUBSTANTIAL PERIOD OF TIME.
8) Membership in Fxpopsan Exchangers involves significant risks. Fxpopsan Exchangers will not be registered as an investment company and therefore will not be required to adhere to any investment policies under the Investment Company Act of 1940, as amended.
9) Membership in Fxpopsan Exchangers ENTAILS SUBSTANTIAL RISKS AND THERE CAN BE NO ASSURANCE THAT THE OBJECTIVES OF Fxpopsan Exchangers WILL BE ACHIEVED. THE PRACTICES OF Fxpopsan Exchangers MAY EMPLOY FROM TIME TO TIME CAN, IN CERTAIN CIRCUMSTANCES, INCREASE THE ADVERSE IMPACT TO WHICH THE Members’ account MAY BE SUBJECT.
10) POTENTIAL MEMBERS ARE CAUTIONED TO REFER TO THESE TERMS AND CONDITIONS FOR A DISCUSSION OF THE TERMS OF MEMBERSHIP AND RISK AND OTHER FACTORS RELATIVE TO MEMBERSHIP IN FXPOPSAN EXCHANGERS. IN THE EVENT OF ANY INCONSISTENCY BETWEEN ANY OTHER MATERIALS PREVIOUSLY PROVIDED AND THISE TERMS AND CONDITIONS, THE TERMS AND CONDITIONS CONTAINED HEREIN SHALL BE CONTROLLING.
11) Prospective MEMBERS should consider the following factors in determining whether TO PURCHASE A MEMBERSHIP:
a) Lack of Operating History. Fxpopsan Exchangers is a newly formed entity and has no operating history upon which members can evaluate the likely performance of the club.
b) Business Dependent Upon Bitcoin Value.
c) Individual members and distributors of Fxpopsan Exchangers are not owners/investors or any other relation as consider of ownership of Fxpopsan Exchangers.
d) Absence of Regulatory Oversight. Fxpopsan Exchangers is not registered as an investment company under the 1940 Act, in reliance upon an exemption available to privately offered investment companies under Section 3(c)(1) of the 1940Act, and, accordingly, the provisions of the 1940 Act (which, among other things, require investment companies to have a majority of disinterested directors, require securities held in custody to be individually segregated at all times from the securities of any other person and to be marked to clearly identify such securities as the property of such investment company, and regulate the relationship between the advisor and the investment company) are not applicable.
e) There is no guarantee or representation is made that Fxpopsan Exchangers’s plan or program will be successful.
f) Fxpopsan Exchangers members may purchase and sell bitcoin and memberships to each other without transferring such money directly to Fxpopsan Exchangers so long as the purchased memberships are created on the purchaser’s behalf and the member receives their membership. Members may use such fund as they see fit and purchasers have no recourse that they believe the money would flow directly to Fxpopsan Exchangers. Purchasers of such membership waive any rights to claim they thought their purchase money would go directly to Fxpopsan Exchangers.
12) Members must be aware that there are no promised rates of return.
13) You must be an accredited investor as defined in Rule 501 of Regulation D of §230.501 of the Securities Act of 1933 to purchase a membership in Fxpopsan Exchangers.
24. Live Market Data
While virtual currency market values as publicly displayed on the Site may be delayed, we may offer access to live market value data via technical measures such as the FIX (Financial Information exchange) protocol. This live market value data is valuable to us, and we take proprietary measures to keep all live market value data confidential and inaccessible to the public. To the extent that you receive access to such live data, you hereby agree that you will not redistribute, retransmit, duplicate, or otherwise make such data available in any way, either through automated, manual, or any other means. Any distrib- ution or transmission of our live market values feed is a material breach of this Agreement as well as a violation of our trade secrets. You agree that we are not responsible for any failure or outage in the live market value data provided by us. 27.Agreement to Receive Notifications and Other Communications We reserve the right to send electronic mail or other messages to you and to other Members. The purpose of these communications may include, but is not limited to:
(i) Providing you with information concerning your Account
(ii) Providing information to you regarding products or services offered by our affiliates or partners
(iii) Informing you about any of our related products or services
(iv) Providing you with information about any item that we think, in our sole discretion, may be of interest to you.
26. Restrictions On Use
Without our express prior written authorization, you may not:
(i) Duplicate any part of our Site or the Materials contained therein or received via the Services (except as expressly provided elsewhere in this Agreement)
(ii) Create any derivative works based on our Site or any of the Materials contained therein or received via the Services, and you agree and stipulate that any and all derivative works are NOT 'fair use'
(iii) Use our Site or Services, or any of the Materials contained therein, for any public display, public performance, sale or rental, and you hereby agree and stipulate that any and all such uses are NOT 'fair use'
(iv) Re-distribute our Site or any of the Materials contained therein or received through the Services, and you hereby agree and stipulate that any and all such uses is NOT 'fair use'
(v) Remove any copyright or other proprietary notices from our Site or any of the Materials contained therein
(vi) Frame or utilize any framing techniques in connection with our Site or any of the Materials contained therein
(vii) Use any meta-tags, pay-per-click advertising, or any other hidden text using our Site's name or marks, and you hereby stipulate that any use of the Site's name or marks, or any other marks owned by Us is an infringement upon our trademark rights, and you stipulate to make payment of liquidated damages of ten thousand dollars ($10,000) per such infringement as a genuine pre-estimate of the loss and damage that will be suffered by Us as a result of such infringement, plus you agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated costs
(viii) 'Deep-link' to any page of our Site, or avoid agreement to the Site’s Terms & Conditions (for the avoidance of doubt, you may only link to the main entry page)
(ix) Circumvent any encryption or other security tools used anywhere on the Site or in conjunction with the Services (including the theft of usernames and passwords or using another person’s username and password in order to gain access to a restricted area of the Site)
(x) Use any data mining, bots, scrapers or similar data gathering and extraction tools on the Site or in conjunction with the Services
(xi) Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or Services or any of your rights to access and use the Materials or Services as granted specifically by this Agreement
(xii) Use our Services for any commercial purpose unless expressly agreed to by us in writing and at our sole discretion
(xiii) Use our Services to impersonate any other User or person; (xiv) Use any Material or information on our Site or included in our Services in any manner that infringes any copyright, trademark, patent, trade secret, publicity or other proprietary right of any party
(xv) Upload or attempt to upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s property
(xvi) Upload, post, email or otherwise transmit any submission that you do not have a right to transmit under contractual, fiduciary or other relationships (such as inside information, trade secrets, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
(xvii) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation, except in those areas that we may designate for such purpose
(xviii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source material that is uploaded or otherwise provided by you
(xix) Restrict or inhibit any other User from using and enjoying the Services
(xx) Harvest or otherwise collect information about others, including e-mail addresses or other personally-identifiable information
(xxi) Violate any applicable laws, policies, or regulations
(xxii) Upload, post, email or otherwise transmit any material which is illegal immoral, obscene or defamatory of any person; or
(xxiii) Do anything that may adversely affect proper operation of the Site, the Services and the reputation and goodwill of the Club.
27. Other Jurisdictions
We make no representation that the Site, Services or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content or function may be illegal or is otherwise prohibited. Those who choose to access the Site, join the club, buy or sell memberships or packages from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.
30. Illegal Activities
If you are seeking information regarding any illegal activities, or seeking to engage in any illegal or fraudulent financial activity, please leave this Site immediately and do not attempt to use the Services. You acknowledge and agree that you are aware of the legality of using our Services in your relevant local jurisdiction, and you agree that you will not use the Services, if such use is prohibited or otherwise violates the laws of your state, province, country, or other jurisdiction.
31. Arbitration and Waiver of Class Actions
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against Fxpopsan Exchangers any class action, class arbitration, or other representative action or proceeding. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Fxpopsan Exchangers. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
32. Consult Your Own Tax Professional
The contents of the terms and conditions should not be considered to be legal or tax advice, and each prospective member should consult with his or her own counsel and advisors as to all matters concerning a membership in Fxpopsan Exchangers. Prospective members are urged to consult with their legal and tax advisors before purchasing a membership in Fxpopsan Exchangers.
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