Hilt Ventures Terms Of Service
Last Modified on May 29, 2018
Please carefully read these Terms of Service before using any virtual currency kiosk or other services offered by Hilt Ventures—it is a binding contract. If you disagree with any of the Terms of Service, then you must not use the kiosks or other services.
Hilt Ventures, LLC, a Nevada limited liability company (“Hilt”, the “Company”, “us”, “our”, or “we”) facilitates the buying or selling of certain cryptocurrencies (the “Service”) through its kiosk machines (“Kiosks”). Your access and use of the Kiosks and the Service is subject to the terms and conditions in these Terms of Service (this “Agreement” or these “Terms”).
By agreeing to these Terms, including by clicking “I ACCEPT” or by using any aspect of the Service, you expressly acknowledge that you have read this Agreement and agree to all of its terms and conditions. You acknowledge that your electronic consent has the same legal effect and enforceability as would your handwritten signature, and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.
If you choose to “ACCEPT”, please visit www.hiltventures.com (the “Site”) and print a copy of this Agreement for your files or save these Terms in your electronic records. You may also request that we send you a copy of this Agreement via email to by writing to us at firstname.lastname@example.org. IF YOU DO NOT AGREE to be bound by and comply with the Agreement, please click “DECLINE” and do not access or use the Kiosks or the Service.
These Terms contain important language governing your use of the Service. It addresses, among other things, information about how we provide the Service and how we handle disputes (which are handled by binding arbitration in most cases). The Company, in its sole and absolute discretion, may make changes or modifications to these Terms from time to time, and will post any such changes on the Site. Please review the Agreement carefully prior to every transaction you make, in the event that the Company has made changes to this Agreement since you last used the Service. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Service after the updated Terms are posted.
Use and Access of the Service
You accept and recognize that the Service is only provided at a Kiosk and that Service is not available for use via the Site. The Company and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, partners, and representatives (“Affiliates”) make no representation or warranty that the Service may be lawfully used or accessed in any specific location. Use or access to the Service may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you use or access the Service, you are solely responsible for compliance with the laws and regulations of your jurisdiction. You are solely responsible for the information you provide to the Kiosks, and represent that you have the right and authorization to input or upload all such information, and that all such information is current and accurate, and will be kept up-to-date. In utilizing the Service, you represent and warrant that you are acting on your own behalf and that you are not acting as a representative, agent or fiduciary of any other person or entity.
You agree not to access, or attempt to access, the Service by any means other than through a Kiosk, the Site, or other software provided by Hilt, or through any automated means. You further agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the generality of the foregoing, you agree that you will not: (A) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (B) attempt to gain unauthorized access to the Service or any servers, systems or networks connected to the Service; or (C) make any false, misleading or deceptive statement or representation regarding Hilt or the Service.
Any user using or accessing the Service must be at least eighteen (18) years of age. If you are under 18, please do not submit any personal information about yourself to Hilt.
You acknowledge and agree that Hilt has no obligation to make the Service available to you or to continue to support the Service in any way, that your access to the Service may not be continuous, and that features may change during your use of the Service. THE COMPANY RESERVES THE RIGHT TO DENY, RESTRICT, OR TERMINATE YOUR ACCESS TO THE SERVICE AT ANY TIME AND IN ITS SOLE AND ABSOLUTE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT HILT MAY STOP PROVIDING ANY ASPECT OF THE SERVICE TO YOU AT ANY TIME WITHOUT PRIOR NOTICE, FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, IF THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE, OR IN VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THESE TERMS.
Use of Kiosks
You may buy or sell supported cryptocurrencies (“Supported Cryptocurrencies”) in return for supported fiat currency (“Supported Fiat”) or other Supported Cryptocurrencies. Currently, the U.S. Dollar is the only Supported Fiat; and Bitcoin, Ether, Litecoin, Bitcoin Cash and Ripple are the only Supported Cryptocurrencies offered and/or accepted by the Kiosks. Hilt may add to or remove Supported Cryptocurrencies, at its sole discretion.
You agree to pay to us a transaction fee as compensation for your use of the Service on terms stated in Schedule A attached hereto and incorporated herein by reference. The Kiosks will also display the transaction fees at the time a user accesses the Service.
At the beginning of a user’s access, the Kiosk will display the current Supported Cryptocurrencies and the prices at which we offer to buy or sell each. Such pricing is set by us in our sole and absolute discretion and is based on our determinations of market conditions and demand for Supported Cryptocurrencies as compared to Supported Fiat or other Supported Cryptocurrencies at the time of the transaction. Supported Fiat and Supported Cryptocurrencies, and any applicable prices, are subject to change. Please be sure to read carefully the prompts on the Kiosks to ensure your understanding of the Supported Fiat, Supported Cryptocurrencies, and any applicable pricing for the same.
Completion of some transactions can take time, and in some instances will take hours or longer, often due to functionality issues of the Bitcoin or other blockchain network(s). By using these Service, you acknowledge and understand that delays in settling a transaction may occur and agree that neither Hilt nor any of its Affiliates shall be liable to you for any transaction delays or damages or losses caused by such a delay, regardless of cause.
WARNING: THE COMPANY IS NOT RESPONSIBLE FOR USER INPUT ERROR PERTIANING TO KIOSK TRANSACTIONS. THIS INCLUDES INPUTTING THE WRONG RECEIVING WALLET ADDRESS AS SUBMITTED BY YOU. PLEASE USE THE QR CODE SCANNER AND MAKE SURE YOU SCAN THE CORRECT ADDRESS WALLET TO WHERE YOU WOULD LIKE YOUR CRYPTOCURRENCIES SENT.
WARNING: AFTER SETTLEMENT OF A TRANSACTION IN WHICH YOU PURCHASED A SUPPORTED CRYPTOCURRENCY, YOU ARE SOLELY RESPONSIBLE FOR THE SAFEKEEPING AND SECURITY OF YOUR WALLET. IF YOU CHOOSE TO HAVE YOUR NEWYLY PURCHASED CRYPTOCURRENCIES LOADED ONTO A PRINTED, PAPER WALLET, DO NOT THROW AWAY OR LOSE THE PAPER WALLET BEFORE SCANNING AND TRANSFERRING THE NEWLY PURCHASED CRYPTOCURRENCIES TO ANOTHER WALLET, OR YOU MAY LOSE ANY/ALL CRYPTOCURRENCIES STORED ON THE PAPER WALLET. HILT WILL NOT REPAY YOU IF YOU LOSE OR THROW AWAY YOUR PAPER WALLET.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires us to obtain, verify, and record certain information before a transaction may be initiated. This means that we will ask you for certain personally identifiable information that will allow us to identify you in compliance with the USA PATRIOT Act and as part of our Bank Secrecy Act (“BSA”) Compliance Program. The Company may undertake certain monitoring or reporting of suspicious activity contemplated by the BSA Compliance Program. The Company may also share information and/or cooperate with law enforcement or other governmental authorities when necessary. Any information supplied by you and collected by the Company shall be subject to these Terms. For additional information on how this information will be treated, please see the section entitled “DISCLAIMER OF WARRANTIES” below.
General Disclosures Regarding Cryptocurrencies
Buying, selling and holding cryptocurrencies is highly risky and speculative. This Agreement, and the Service offered pursuant thereto, is not a recommendation by Hilt or its Affiliates concerning any cryptocurrency.
Any information provided by the Company is not an offer to sell or the solicitation of an offer to buy any security or cryptocurrency in any jurisdiction where such an offer or solicitation would be illegal.
The price and value of Supported Cryptocurrency may fluctuate. Past performance is not a guide to future performance, future returns or appreciation are not guaranteed, and a loss of all original capital may occur. Fluctuations in exchange rates could have adverse effects on the value or price of, or income derived from, certain investments.
You are solely responsible for deciding whether the Service is suitable for your own purposes, and whether the Service matches your needs. You should carefully consider whether trading or holding cryptocurrencies is an appropriate financial decision for you. In all matters respecting the Service, you should seek independent professional advice, including tax or legal advice.
You acknowledge and agree that the Company is not providing any legal, financial, investment or accounting recommendations or advice; and that Hilt will not be liable to you for any decisions you have made in conjunction with your use or access to the Service.
We and our Affiliates, from time to time, may own or hold, or have long or short positions in, act as a principal in, and buy or sell, cryptocurrencies referred to in this Agreement.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE OR ANY CONTENT ACCESSED THROUGH THE KIOSKS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
HILT DOES NOT REPRESENT OR WARRANT THAT (A) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (B) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (C) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (D) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; OR (E) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALTHOUGH THE INTENT IS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE CONTENT AND INFORMATION PROVIDED MAY NOT ALWAYS BE ENTIRELY ACCURATE, COMPLETE OR CURRENT AND MAY ALSO INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CONTENT INFORMATION MAY BE CHANGED OR UPDATED FROM TIME TO TIME WITHOUT NOTICE, INCLUDING WITHOUT LIMITATION INFORMATION REGARDING THE SERVICE. ACCORDINGLY, YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT, IF AT ALL, AND ALL DECISIONS BASED ON INFORMATION PROVIDED AT A KIOSK OR WHICH IS CONTAINED ON THE SITE ARE YOUR SOLE RESPONSIBILITY, AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH DECISIONS.
THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE PROVIDED AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION, NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
LIMITATION OF LIABILITY
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS AFFILIATES SHALL BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITY DAMAGES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, AND DAMAGES ARISING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, MARKET PRICE CHANGES, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, DEATH, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICE OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE, WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF HILT OR ANY OF ITS AFFILIATES EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR THE SERVICE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Hilt and its Affiliates shall be limited to the fullest extent permitted by law.
IF YOU CAUSE A TECHNICAL DISRUPTION TO THE SERVICE YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM OR ARISING OUT OF (A) YOUR USE OF THE SERVICE; (B) ANY MATERIAL YOU PROVIDE TO THE SERVICE, OR (C) YOUR BREACH OF THIS AGREEMENT OR ANY OTHER POLICIES THAT HILT MAY ISSUE FOR THE SERVICE FROM TIME TO TIME. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION BY YOU.
Governing Law; Jurisdiction
This Agreement is governed by Nevada law, without regard to conflict of laws principles. You and Hilt agree that, except as otherwise provided in the section entitled “Binding Arbitration” below, the state and federal courts located in Clark County, Nevada will have exclusive jurisdiction of all disputes arising out of or related to this Agreement or your use of any Kiosk or the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Hilt shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
YOU AND HILT AGREE THAT, EXCEPT AS PROVIDED BELOW, ALL DISPUTES, CONTROVERSIES AND CLAIMS RELATED TO THESE TERMS (EACH A “CLAIM”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION, WHICH MAY BE INITIATED BY EITHER PARTY BY SENDING A WRITTEN NOTICE REQUESTING ARBITRATION TO THE OTHER PARTY. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this section and the JAMS Rules, the terms in this section will control and prevail.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Hilt will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Hilt may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
The arbitration will take place in Las Vegas, Nevada, unless the parties agree to video, phone or internet connection appearances.
You and Hilt agree that any arbitration shall be limited to the Claim between Hilt and you individually. YOU AND HILT AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
You and Hilt agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Hilt’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
You and Hilt agree that if any portion of this section is found illegal or unenforceable (except any portion excluding specific matters from these provisions regarding binding arbitration), that portion shall be severed and the remainder of the section shall be given full force and effect. If any provision is found to be illegal or unenforceable then neither you nor Hilt will elect to arbitrate any Claim falling within that portion of this section found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Clark County, Nevada, United States of America, and you and Hilt agree to submit to the personal jurisdiction of that court.
Additional Terms of Service
Nothing in this Agreement is intended to create or will be construed as creating a joint venture, partnership, employer/employee or principal and agent relationship between users and the Company.
If any court having competent jurisdiction holds any provision of these Terms invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect.
In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided herein, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative. An express waiver by Hilt of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
You may not assign these Terms or any of its rights or obligations hereunder. Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual user that accepts this Agreement and it does not create any rights for any other parties. We reserve the right to assign our rights without restriction to any Affiliate, to any successor-in-interest of the Company, or to any business associated with the Company or the Service. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
All terms of this Agreement shall survive termination of any transactions conducted through the Service using one or more of our Kiosks.
“Hilt Ventures”, and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company. Unless permitted in a separate written agreement with Hilt, you do not have the right to use any of Hilt’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
You acknowledge and agree that Hilt would be irreparably damaged if these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
These Terms, including the documents referenced in these Terms, constitute the entire agreement between you and Hilt with respect to the Service and supersedes any and all prior agreements between you and Hilt relating to the Service.
Any questions about these Terms may be directed to email@example.com, and all notices given by you or required under these Terms shall be in writing and sent to such address.