User Agreement and Acceptance of Terms and Conditions
Perpetual Assets provides the website www.perpetualassets.com (the “Website”) and other services, including services offered on the Website and services not available directly from the Website, subject to your compliance with and your agreement to all the terms, conditions, and notices contained or referenced herein (the “User Agreement”), as well as any other written agreement between Perpetual Assets and You or Your company. The terms “You”, “Your”, and “Purchaser” as used herein refer to the visitor to the Website and/or any person or entity who uses Perpetual Assets services. In addition, as used in this User Agreement, references to our “Affiliates” include our owners, subsidiaries, parent companies, affiliated companies, officers, directors, managers, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or its contents.
These terms and conditions apply to all orders, purchases, and sales, whether made through the Website, by telephone, or otherwise. The provisions of this User Agreement shall be understood and construed according to their fair meanings and not strictly for or against any party. Headings are merely for convenience and shall not be used to understand or construe this User Agreement. In addition, when using particular services or materials on this Website, you shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in this User Agreement. All such guidelines or rules are hereby incorporated by reference into this User Agreement.
Before you place any orders to purchase from Perpetual Assets, you must read and accept all of the terms in this User Agreement. Your use of this Website and/or your placement of any order to purchase from Perpetual Assets, whether through the Website or otherwise, constitutes a representation by you that you have read this User Agreement and agree to bound by the terms and conditions contained herein.
This User Agreement is effective as of Jan 1st, 2019 for all existing purchasers and all existing users of this Website, and will be effective upon acceptance, as set forth above, for all new purchasers and all new users of this Website or Perpetual Assets services. Perpetual Assets reserves the right to change the terms and conditions of this User Agreement from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Website and this User Agreement periodically, and to be aware of any modifications. Your continued use of this Website and/or Your continued use of any services provided by Perpetual Assets after such modifications will constitute Your acknowledgement of a modified User Agreement and your agreement to abide and be bound by the modified User Agreement.
Crypto currency is not appropriate for everyone. Perpetual Assets does not assess suitability for Purchaser regarding ownership of crypto currency. It is the responsibility of Purchaser to consider risks and costs. Perpetual Assets does not guarantee future marketability, price, profit potential, lack of risk of loss, or regulatory anticipation.
It is recommended that clients obtain their own legal advice before signing this User Agreement and to consult with a tax and financial advisor. By signing, you acknowledge that you voluntarily enter into, have read and understand this User Agreement, have consulted with professional advisers, and agree to all its terms.
1. Perpetual Assets Role. Perpetual Assets reserves the right to buy and sell products to and from clients, dealers, brokers, and others in Perpetual Assets interest, for its own benefit. In other words, Perpetual Assets is a dealer buying and selling in any and all markets. Perpetual Assets is not an exchange. Perpetual Assets is not a fiduciary and does not hold a fiduciary responsibility to client. Perpetual Assets retains the right to extend different prices, and rates to different clients.
2. Pricing. The buy price is not locked until funds are received by Perpetual Assets. For an IRA, the buy prices are not locked until funds are received by the trustee/custodian and available to wire for purchase of digital currency. Purchaser’s pricing details must be confirmed in a recorded confirmation with a Perpetual Assets representative. Further, prices may be, but are not necessarily, subject to market prices quoted by others and are subject to change. Purchaser is free to compare prices available from Perpetual Assets with prices from other places. Past performance is not indicative of future results. Predictions regarding future pricing or any future matters are speculative and cannot be relied on. The market may not exist for digital currency or a particular digital currency when you want to sell or buy. It may not be possible to sell at a price equal to or higher than you paid, or at a particular time, or at all. Circumstances may dictate holding digital currency for a meaningful period of time. In contrast, other circumstances may dictate limiting the time period of holding. There is no prescribed holding period, short, medium, long, or otherwise, may be right or sufficient. Guarantees of future price are not predictable. Fluctuations in price changes may be extreme and occur quickly. Many factors affect price, such as, supply, demand, anticipated value, financial and economic conditions, political affairs, and speculation. Public information, news or announcements affecting digital currency or other matters, may be incorrect, false, or incomplete.
3. Payment. Perpetual Assets accepts payment via wire transfer. Perpetual Assets reserves the right to enforce the terms of this User Agreement, or take any other legally permitted action, including but not limited to cancellation of the order, in whole or in part, whether finalized or not, for which payment is not received from Purchaser by the agreed time or for which payment is not honored by the bank. Perpetual Assets charges a transaction fee for its services. Perpetual Assets does not guarantee the lowest or best price. The offer price of digital currency plus the transaction fee will be higher than the current market price. Perpetual Assets transaction fee for the purchase or sale of digital currency is dependent upon the type of transaction, its size, and the particular digital currency purchased or sold. Transaction fees will lower the total value of your investment.
4. Repurchase. Perpetual Assets is under no obligation to repurchase or buyback digital currency from Purchaser.
5. Suspension or Closure. Perpetual Assets reserves the right to withhold a requested transaction for any reason, including but not limited to verification as to whether the transaction was properly initiated by Purchaser, or concerns related to security or authenticity. Perpetual Assets reserves the right to decline, suspend or close an account. Purchaser agrees to cooperate in suspension or closure of any account whether due to inconsistent information, compliance review, request of government authority or other third party, or other reason.
6. Regulatory Cooperation. Perpetual Assets maintains the right to report transactions to and cooperate with government authorities. Any transaction may not be private. Purchaser agrees to cooperate with Perpetual Assets in providing information needed to comply with requirements of the IRS, Financial Crimes Enforcement Network (FinCEN) and of others as required. Purchaser agrees to and authorizes Perpetual Assets to conduct any requisite identity verification, source of funds verification, and background check.
7. Transmission Consent. Purchaser agrees to the recording of phone calls by Perpetual Assets using technology via phone call, email, text or other communication at wired or wireless phone numbers or email addresses that Purchaser provides. Purchaser consents to receiving communications at the email address provided. Purchaser’s consent remains in effect even if Purchaser’s phone number is placed on a federal, state or local do not call list. Purchaser acknowledges there is no expectation of privacy during any phone conversation with Perpetual Assets. Perpetual Assets does not warrant that any call recording will be retained or able to be retrieved.
8. Acknowledgments. Purchaser acknowledges and agrees no guaranty is or has been made corresponding to any product or service of purchase with Perpetual Assets. Any representation of a guarantee is not authorized, and purchaser shall not rely on it. Digital currency and its technology are new. Any disruption could delay or prevent you from conducting a transaction. Transactions are irreversible and any losses due to fraudulent or accidental transactions, hacks, cyber-attacks or other failure may not be recoverable. Technical mediums or elements could change or terminate altogether. Unforeseeable technological developments may arise. Digital currency is not backed by any government or acknowledged as legal tender. Many individuals, entities and regulatory bodies do not accept it as a means of exchange, and any who do accept it presently may not in the future. Digital currency does not generate interest or income. There may be additional risks to those described herein. Events may occur, and the value of your investment may go down or be lost entirely. By investing in digital currency, you accept, acknowledge and assume these and all other risks. Thus, forfeiting your claim for loss due to these or other unforeseen risks.
9. Investigation. Purchaser acknowledges and agrees that Purchaser conducted Purchaser’s own investigation and analysis regarding digital currency that purchaser considers and has not relied on or claim that any warranty, representation or guaranty has been made by Perpetual Assets related to the nature, classification, future value, or other aspect of any digital currency.
10. Delivery. Within 1-2 business days after Purchaser’s delivery of sufficient funds to Perpetual Assets for full payment of purchase price, Perpetual Assets will place Purchaser’s digital currency in the wallet provided. Establishment of wallet is the responsibility of Purchaser. Further, Perpetual Assets is not responsible for delay, disruption, failure or other delivery issue related to an issue in the establishment of wallet or wallet ID. Purchaser acknowledges that Purchaser is responsible for setup of wallet, and that if wallet ID provided by Purchaser to Perpetual Assets is not properly established or if information provided is incorrect, any assets sent to that wallet may be irrevocably lost, which is solely Purchaser’s risk and responsibility. Purchaser accepts the risk of digital currency being stolen by hackers, cyber-attack and other technical failures and disruptions. There is no guarantee that security measures maintained by Perpetual Assets will be sufficient. In the event, your account is suspended or closed, you could be delayed or incapable to access holdings.
11. Defect. Upon discovery of any discrepancy or defect in filling an order for digital currency, Purchaser must notify Perpetual Assets within seven (7) calendar days of receipt of notice that the transaction was final. Purchaser waives any claim of defect or discrepancy for which Purchaser fails to notify Perpetual Assets in writing within said timeframe.
12. Finality. Executed transactions are final, and no refund will be made for a digital currency transaction once executed and confirmed. Refunds on the purchase of digital currency are not available. Perpetual Assets does not undertake a fiduciary or other duty to you. Perpetual Assets does not keep your digital currency. When you purchase, it will be delivered to the wallet you provide Perpetual Assets. With an LLC, the wallet in the in the name of your LLC is controlled by a third-party manager. It is Purchaser’s responsibility to maintain confidentiality of Purchaser’s account information. Purchaser shall not share passwords or other confidential account information with anyone.
14. Assignability. This User Agreement is for the benefit of Perpetual Assets and Perpetual Assets successors, and assigns, and binds Purchaser and Purchaser’s estate, personal representatives, administrators and other successors. Perpetual Assets has the right to assign any rights and delegate any duties on any occasion. Purchaser has no right to assign, transfer or delegate any rights or obligations under this User Agreement without Perpetual Assets prior written consent. Perpetual Assets shall have the right to ignore, and shall have no duty to recognize, any claimed assignment or transfer by Purchaser.
15. Unforeseeable. If Perpetual Assets is unable to perform any of its duties as a result of circumstances beyond its control, Perpetual Assets delay or inability to perform such duty shall be excused and Perpetual Assets shall not be liable to Purchaser, for damages or otherwise, as a result of, or in connection with, such delay or such inability.
16. Notice and Cure Period. Neither Perpetual Assets nor Purchaser may begin, join, or be joined to any arbitration proceeding, or judicial action emerging from or relating to this User Agreement or any past, present, or future transaction between Purchaser and Perpetual Assets, until Perpetual Assets or Purchaser has informed the other party in writing of the premise for the claim or dispute, and afforded the other party a reasonable period after giving such notice to cure. Notice to Perpetual Assets shall be delivered to Perpetual Assets. Notice to Purchaser shall be delivered to the address contained in this User Agreement or other address provided by Purchaser to Perpetual Assets in writing.
17. Disclaimer of Warranties. All digital currency products are purchased and sold on an “as is” basis. Perpetual Assets makes no assurance whatsoever and makes no representations or guarantees regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness, or fitness for any general or particular purpose of the Website, or the services provided by or through the Website, or related to the timeliness, accuracy or usefulness of information obtained from the Website. The Website and any materials or services provided by the Website is provided to You on an “as is” basis without express or implied warranty. The Website may include technical or other mistakes, inaccuracies or typographical errors. We reserve the right to make changes to the materials and services on the Website, including the prices and descriptions of any product, at any time without notice. The materials or services on the Website could be out of date, and we make no promise to update such materials or services. The use of the services or the downloading or procurement of any informational materials through this Website is done at Your own discretion and risk, and with Your acknowledgement that You will be solely responsible for any damage to Your computer system or loss of data resulting from such activities.
18. Limitation of Liability. Perpetual Assets or its affiliates, subsidiaries, parent company(s), directors, officers, or managers shall not be liable to Purchaser or any third party for any special, punitive, exemplary, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, but not limited to, those resulting from loss of use, data or profits, emotional distress, illness, sickness or disease, whether or not Perpetual Assets has been advised of the possibility of such damages, and on an theory of liability, relating to or as a result of any transaction between Perpetual Assets and Purchaser, or the use of this website or of any website referenced or linked to/from this website. Purchaser is subject to the Disclaimers contained in this User Agreement, and the limitations of liability and other policies adopted by Perpetual Assets, as set forth herein. In the event that Perpetual Assets is determined to be liable to Purchaser relating to any transaction between Perpetual Assets and Purchaser or Purchaser’s use of this Website, Purchaser’s sole remedy and Perpetual Assets entire liability.
19. Hold Harmless. Purchaser must reimburse, defend and hold harmless Perpetual Assets and its affiliates from any and all injuries, costs, losses suits, damages, investigations, and expenses, including, but not limited to, attorneys’ fees, expert fees, and fees of defense of claims, also including liabilities, consequential losses, fines, penalties, judgments, settlements, punitive or exemplary damages, statutory damages and claims by any government or government agency, that could be subject to or be implied as a result of: failure by Purchaser to comply with any duty under this User Agreement; injury to person(s) or loss, damage or destruction of property, including property or material of Purchaser related to a transaction with Perpetual Assets; also including but not limited to Purchaser’s failure consult independent tax and/or legal advice, regardless of whether claims or actions are based on reliable evidence in whole or in part on alleged negligence (joint, sole or concurrent), gross negligence, strict liability or other legal fault of Perpetual Assets.
20. Choice of Law. This User Agreement shall be governed by, and construed in accordance with, the laws of the state of Wyoming, without regard to conflict of laws principles. agree and consent to the personal jurisdiction of the courts of the State of Wyoming to observe the above arbitration provisions in this User Agreement and for any litigation between the parties. Any litigation shall be brought only in such courts. Perpetual Assets and Purchaser waive any objection to jurisdiction and venue in such courts.
21. Costs and Expenses for Compulsion. In the event that Perpetual Assets must take any action against Purchaser to compel Purchaser’s obligations under this User Agreement, including, without limitation, submitting Purchaser’s account to a collection agency or an attorney for collection, Purchaser shall indemnify all expenses incurred by Perpetual Assets, including, and without limitation, reasonable attorneys' fees, in connection with such action.
22. Subsequent Transactions. Unless otherwise agreed to by the parties in writing, any subsequent transactions between the parties of the kind contemplated by this User Agreement will be based on the terms and conditions described in this User Agreement.
23. Construction. If any provision of this User Agreement or portion of a transaction between Purchaser and Perpetual Assets is determined by a court or arbitrator with proper jurisdiction, to be invalid, illegal, or unenforceable to any extent, that provision or portion shall be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceable. If that is not possible, the provision or portion shall, to the extent of such invalidity, illegality, or unenforceable, be severed and the remainder of the User Agreement or transaction shall be in full force and effect.
24. Proper care and concern. The provisions of this User Agreement have been written with proper care and concern for the interests and benefits of all parties, which also include economic benefits to Purchaser represented in the willingness of Perpetual Assets to provide service in exchange for benefits to Perpetual Assets of certain provisions. While it is printed, the parties agree that this User Agreement is not offered on a take-it-or-leave-it basis, and is not forced upon on any party, and the parties may mutually agree, before or after entering into this User Agreement, to modify any portions in writing. No party is obligated to join in this User Agreement. Any party choosing to join in this User Agreement does so freely and without obligation or coercion.
25. Merger. This User Agreement is the whole, final, and complete agreement on the circumstances stated. This Agreement merges and replaces any oral or written statement prior to or at the same time as this User Agreement. Purchaser shall not rely on any statement by or on behalf of Perpetual Assets, which is inconsistent with this User Agreement, even if made after the execution of this User Agreement.
Purchaser affirms being: (1) of competent mind; (2) the sole owner, manager, or trustee of any funds used to facilitate purchases from Perpetual Assets; (3) an individual with all requisite consents for initiating purchases with Perpetual Assets; (4) not coerced into entering into this User Agreement or any transaction with Perpetual Assets or its employees; and (5) given the opportunity to solicit advice in discussing purchases from Perpetual Assets.