TERMS OF USE

89 Unlimited, LLC (DBA NODE40). (“89 Unlimited”, “NODE40”, “Us”, “Our” or “We”), by and through [https://www.node40.com] (the “Site”), provides masternode hosting and monitoring and investment record keeping services (the “Services”). NODE40 provides Services pursuant to, and in accordance with, the following terms and conditions (the “Terms of Use”). Accessing, browsing or viewing the Site, including, but not limited to, registering for an account, submitting any information to Us, or utilizing any of the Services as provided and offered by NODE40, you hereby consent and agree to be bound by these Terms of Use, as contained herein and in accordance with Our Privacy Policy, found at [https://www.node40.com/privacypolicy/].

You agree to be bound by these Terms of Use and all other operating rules, policies and procedures that may be published by Us from time to time on the Site, each of which is incorporated by reference and each of which may be updated by Us from time to time without notice to you. Your use of the Site is governed by the version of these Terms of Use in effect on the date of use.

  1. ACCOUNT REGISTRATION

    a. Account Creation. In order to access certain features of the Site or the Services provided, you must register to create an account (“Account”). You must complete the registration process by providing Us with current, complete and accurate information. You will also choose a password and an email address. You are entirely responsible for maintaining the confidentiality of your password and account. You agree to notify NODE40 immediately of any unauthorized use of your Account or any other breach of security. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting Our written permission. Upon completion of registration, users are known as “Registered Users.”

    b. NODE40 Is A Hosting & Technology Company Only. NODE40 is not an exchange. NODE40 provides software and a web based platform for the monitoring of full virtual currency nodes, specifically, Dash Masternodes. NODE40 is not a direct, private seller of virtual currency. As such, We do not buy, sell, transmit, take custody of, or hold any currency, virtual or otherwise. NODE40 solely and exclusively provides the technology, software, and platform for you to monitor and manage virtual currency nodes. The virtual currency required to run a full node does and shall remain in your sole and exclusive possession.

    c. No Financial Advice Provided; No Fiduciary Duty; Not a Financial Planner, Broker or Tax Advisor. NODE40 is not a financial planner, broker or tax advisor. You agree that you are solely responsible for all purchases, orders, actions (or the lack thereof), and decisions as related to the Services and your use of the Site. Although the Site may provide data, information or content provided by other parties relating to virtual currencies, you should not construe any such information or content as tax, legal, financial, or investment advice. You hereby warrant and acknowledge that your use of the Site and / or the Services is solely your responsibility. NODE40 has no special relationship with or fiduciary duty to you. You agree and acknowledge that you are solely responsible for conducting a full and diligent review of any and all legal, accounting, regulatory or tax related implications that may result from your use of the Services. Your personal financial situation is unique, and any advice or insight obtained through the Services may not be appropriate for your situation. Prior to accessing the Site or utilizing the Services, We recommend that you consult with an accountant or other licensed legal or financial professional who are fully aware of your individual circumstances.

  2. SITE USE TERMS, COLLECTION OF INFORMATION

    a. User Representation of Information Accuracy. You represent and warrant that all information that you provide to NODE40 or through the Site is accurate, complete and truthful. You acknowledge and agree that NODE40 and its agents are entitled to rely upon the information you provide as true, accurate and complete without verification. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

    b. Non­Exclusive, Non­Transferable License to Use the Site. We grant you a limited, revocable, non­exclusive, non­transferable license to view, copy and print content on the Site for personal and commercial purposes. We reserve the right to terminate or limit your access to the Site and/or the licenses granted herein for any reason and in Our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the Site or the rights or use and enjoyment of the Site by any other person or entity in any manner.

    c. Communications. You agree, in your individual capacity and on behalf of any issuer for which you are an authorized representative that We may send communications to you via your email address, provided by you on your Account. You agree to notify Us of any changes in your address or contact details. We may also deliver information verbally. Communications shall be deemed delivered to you when sent and not when received. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability the Site’s electronically stored copy of these Terms of Use in any proceeding arising out of these Terms of Use. You represent, warrant and agree that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.

    d. User Conduct. You agree, at all times, to utilize the Site and Services solely for the purposes for which they are intended and not for any illegal or fraudulent activity. You agree that you will not attempt to circumvent any security measures employed by the Site or Services nor undertake any activity or conduct that would interfere with the proper function of the Site or the delivery of the Services, or that would otherwise be damaging or harmful to NODE40. Without limiting the foregoing, you agree that you will

    e. Change or Termination. We may, without prior notice, change the Site, stop providing the Services, applications or services, or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice or liability, for any reason or for no reason, including, but not limited to, if in Our sole determination you violate any provision of these Terms of Use. Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

    f. Disclaimer of Liability. NODE40 has no special relationship with or fiduciary duty to you or any other third party. Your use of the Site is at your own risk. You release NODE40 from all liability for you having acquired or not acquired content through the Site. NODE40 makes no representations concerning any content contained in or accessed through the Site, and NODE40 will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service. NODE40 neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Site.

    THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICES PROVIDED, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT, WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE SERVICES. NEITHER NODE40 NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IN ANY EVENT, THE AGGREGATE LIABILITY OF LIFE STORAGE AND ANY THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

    g. Third Party Data. NODE40 makes no representation or warranty, express or implied, with respect to any third party data provided to NODE40 or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. NODE40 will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non­performance or (c) interruption in any such third party data due either to any negligent act or omission by NODE40 or force majeure event or any other cause beyond the control of NODE40.

    h. No Representations or Warranties by NODE40. While NODE40 seeks to provide various resources and information regarding a variety of items related to cryptocurrency, NODE40 cannot, and does not make any representation as to the completeness or accuracy of the information provided on the Site. NODE40 will always endeavor to provide accurate information and not to intentionally post or furnish inaccurate information or faulty resources; nevertheless, NODE40 does not represent or warrant the reliability or accuracy of any content or information distributed through or accessed from the Site, and shall not be held liable for any damages arising from or connected with inaccurate resources or information. NODE40 shall not be liable for any investment decisions made based upon such information. You agree that any reliance upon any content or information distributed through or accessed from the Site is at your sole risk. NODE40 is entitled to rely upon the information provided by its users. NODE40 cannot guarantee that any issuers will use the proceeds of their investment in accordance with the stated purpose. You acknowledge and agree that NODE40 does not provide any representation, warranty or assurance that your use of the Services is in compliance and accordance with any and all laws, regulations, rules, or the like, as applicable in your jurisdiction.

    To the extent provided by law, NODE40 assumes no liability or responsibility for any errors or omissions in the content of the Site. NODE40 has not reviewed all content available within all of the links provided on the Site and is not responsible for the content of any off-Site pages. Clicking on hyperlinks and visiting any off­-Site pages is done at your own risk.

    i. Third Party Services. Certain services made available via the Site may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that NODE40 may share such information and data with any third party with whom NODE40 has a contractual relationship to provide your requested product, service or functionality on behalf of Site users and customers.

    j. International Users. The Site is controlled, operated and administered by NODE40 from offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site accessed in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

    k. U.S. Trade Laws. The Site (including all code, files, programs, and software contained or utilized in it) may not be, directly or indirectly, exported, reexported, transferred, downloaded, or released to or by any party appearing on list of restricted parties, including, without limitation, the U.S. Department of Treasury, Office of Assets Control Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce, Bureau of Industry and Security Denied Persons List or Entity List, or to a country or region against which the U.S. Government maintains comprehensive sanctions or an embargo, including, without limitation, Cuba, the Crimea Region, Iran, N. Korea, Sudan, or Syria, without U.S. Government authorization or license. You represent and warrant that you are not located in, under the jurisdiction of, a national of, or acting on behalf of any such country or party that is on any such list.

  3. INTELLECTUAL PROPERTY

    a. Digital Millennium Copyright Notice. We respect the intellectual property of others, and We ask you to do the same. If you or any user of Our Site believes its copyright rights have been infringed on Our Site, the copyright(s) owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately.

    To be effective, the notification must include:

    b. Designated Agent for Claimed Infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), NODE40’s Designated Agent for notice of claims of copyrights infringement can be contacted at the addresses below:

    89 Unlimited, LLC. Postal Address: NODE40 431 Delaware Avenue Albany, NY 12209 USA E­mail address: [support@node40.com]

    c. Claims for copyright infringement. You acknowledge, accept and agree that if We receive a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Site without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

    d. Counter Claims. If you are planning to submit a copyright counter notification, it must include the following specific elements:

    e. Please note that this procedure is exclusively for notifying NODE40 and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to info@node40.com. NODE40 may, in its sole discretion, terminate the accounts of those who are accused of copyright infringement or other intellectual property rights.

    f. General Assertion of Ownership. You hereby agree, in your individual capacity and on behalf of any issuer for which you are an authorized representative, subject to the Privacy Policy, that all content and images on the Site are either the property of, or used with permission by NODE40. The use of the content or images by you or anyone authorized by you, is prohibited unless specifically permitted by these Terms of Use or provided elsewhere on the Site. By providing content or Data on the Site, subject to the Privacy Policy, you grant Us a royalty free, non exclusive, worldwide license, under your intellectual property rights, to copy, reformat, index, modify, display, distribute and put to commercial and other uses such content or Data. No compensation will be paid with respect to Our use such content or Data. NODE40 neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with NODE40.

    g. Copyrights. All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either copyrighted by NODE40, or are the proprietary property of NODE40’s affiliates or licensors. NODE40 reserves any and all rights to the Content. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without NODE40’s prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to NODE40, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Site, please contact Our Designated Agent (set forth above) for more information.

    h. Trademarks. All trademarks on the Site are either trademarks or registered trademarks of NODE40 or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NODE40. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of NODE40 or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NODE40. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.

    i. Patents. NODE40’s products and processes are covered protected trade secrets and proprietary rights secured under applicable laws, rules and regulations. NODE40 reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of this Terms of Use. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of NODE40’s products or processes.

    j. Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to NODE40. NODE40 retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

    k. Electronic Communication Privacy Act Notice (18 U.S.C. §§ 2701­2711): Though NODE40 takes security, privacy and appropriate confidentiality seriously, and while We take reasonable efforts to secure data and maintain the confidentiality of the same, NODE40 makes no guarantee of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the site. Except as set forth in these Terms of Use and in the Privacy Policy, NODE40 does not share personal information unless required by law or court order, and NODE40 does not sell, rent or otherwise provide access to customer data to any third party. Nevertheless, NODE40 shall not be liable for the privacy of email addresses, registration and identification information, communications, confidential or trade secret information, or any other Content stored on NODE40’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

  4. MISCELLANEOUS

    a. Compliance Disclaimer. We make no representation that this Site is operated in accordance with the laws, rules, or regulations of, or governed by, any country or nation. Thus, you are solely and exclusively responsible for your use of the Services. You, not Us, are responsible for compliance with any applicable local and national laws.

    b. Governing Law, Forum Selection. These Terms of Use shall be governed by, construed and entered in accordance with the internal laws of the State of New York applicable to contracts deemed to be made within such state, without regard to such state’s choice of law or conflict of law rules and principles. You and NODE40 each hereby irrevocably consent that any action or proceeding relating to these Terms of Use shall be brought exclusively in the state court of general jurisdiction in the State of New York, County of Albany. You hereby waive any objection to the conduct of any action or proceeding in such court based on improper venue or forum non conveniens, waive personal service of any and all process upon You, and consent that all service of process may be made by certified mail or nationally recognized courier service (e.g. FedEx, UPS, DHL) directed to you at the address most recently provided by You as reflected by the address attached to your account and that service so made shall be deemed to be completed upon the earlier of actual receipt or five (5) days after the same shall have been posted. You hereby consent to the personal and subject matter jurisdiction of such court for the purpose of adjudicating any claims subject to this forum selection clause. Nothing contained in this section shall affect the right of either party hereto to serve legal process in any other manner permitted by law.

    IN CONNECTION WIT THESE TERMS OF USE AND WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

    YOU AND NODE40 WAIVE THE RIGHT TO COMMENCE, BE A PARTY TO, JOIN OR BE AN ACTUAL OR PUTATIVE CLASS MEMBER OF ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION OF ANY KIND IN ANY FORUM, INCLUDING IN COURT AND ARBITRATION, ARISING FROM OR RELATED TO THE SITE, THE SERVICES, AND/OR THESE TERMS OF USE. This provision shall survive any termination of these Terms of Use.

    c. Indemnification. You, on behalf of yourself and any organization, association or entity for which you are an authorized representative, hereby acknowledge and agree to indemnify, defend and hold harmless, NODE40 and any of its affiliates, successors, assigns, officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and third party or operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms of Use by you or arising from your use of the Site. NODE40 reserves the right to assume the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with NODE40 in the defense of any such claim, action, settlement or compromise negotiations, as requested by NODE40.

    d. Notification Procedures. We may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on Our Site, as determined by Us in Our sole discretion. We reserve the right to determine the form and means of providing notifications to Site visitors and Account holders. Note that you may opt out of certain means of notification as described in these Terms of Use. We are not responsible for any automatic filtering you or your network provider may apply to email notifications We send to the email address you provided to Us.

    e. Non ­Enforcement is not a Waiver. The failure of NODE40 to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NODE40. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court or arbitral, as applicable, of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

    f. No Third Party Beneficiaries. Except as expressly provided in these Terms of Use, there shall be no third party beneficiaries to the Terms of Use. NODE40 shall have the right to assign its rights or delegate any of its responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation or reorganization of NODE40 for the sale of substantially all of its assets.

    g. Severability. Whenever possible, each provision of these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of these Terms of Use becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, these Terms of Use shall continue in full force and effect without such provision, and these Terms of Use shall be construed to the fullest extent possible as to give effect to the intentions of the provisions found to be unenforceable or invalid. The parties hereto agree that such court may reform such provisions so that it is reasonable under the circumstances and that such provision, as reformed, shall be enforceable, except that the material intent of the parties in entering into these Terms of Use shall not be defeated or rendered impossible by the removal of such provision from these Terms of Use.

    h. Entire Agreement, Supersedes All Prior Agreements, No Oral Modification. These Terms of Use contain the entire understanding between you and NODE40 relating to the Site and NODE40’s services. These Terms of Use supersede all other Terms of Use, contemporaneous agreements, proposals, representations, arrangements or understandings, whether written or oral, with respect to such subject matter hereof or other agreement regarding the Site, the Services and any other of NODE40’s services applicable prior to the Effective Date below.

These Terms of Use were last updated on November 25, 2018.

These Terms of Use may be updated from time to time upon posting of the updated version to the Site. Continued use of the Site after any such updates shall be deemed of acceptance to such updated Terms of Service. We suggest that you periodically check the Site for changes to these Terms of Use. You are responsible for periodically reviewing Our Site and these Terms of Use to check for any updates or changes.