Terms of Service

These Terms of Service and any terms expressly incorporated herein ("Terms") apply to any access to, or use of, any services made using the website Hurricane Finance (the "Site"), and to any other related services provided by Hurricane Finance (collectively, the "Services"). By accessing or using any Services, you agree to be bound by these Terms.

THE ARBITRATION CLAUSE IN SECTION 11 GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

1. MODIFICATION OF TERMS

Hurricane Finance may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Services, or updating the "Last Updated" date at the top of these Terms. By clicking on an "I Agree" button or checkbox presented with the modified Terms, or by continuing to access or use of the Services, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. Hurricane Finance encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.

2. ELIGIBILITY

2.1. General Requirements

The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to agree to these Terms.

3. RISK DISCLOSURES; ASSUMPTION OF RISKS; RELEASE OF Hurricane Finance

Trading cryptocurrency, cryptographic tokens and other digital rights or assets ("Tokens"), and use of other Services provided by Hurricane Finance, involves significant risks and potential for financial losses, including without limitation the following:

• The features, functions, characteristics, operation, use and other properties of any Token ("Token Properties") and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) ("Underlying Technology") used to administer, create, issue, transfer, cancel, use or transact in any Token may be complex, technical or difficult to understand or evaluate.
• Any Token and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the Token or its Underlying Technology ("Attacks"), including Attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology.
• Any Token, Token Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a "fork" or "rollback" of a Token or blockchain.
• Any Token may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, Attacks, changes to Token Properties or failure of the Token to operate as intended.
• Hurricane Finance may suspend or cease to support the transfer, storage or trading of any Token at any time at Hurricane Finance’s discretion. Other exchanges and service providers may do the same.
• Hurricane Finance may not support metacoins, colored coins or other Tokens, or their related side chains or other Underlying Technology that are based on a fork, enhancement, or derivative of a different Token or Underlying Technology ("Derivative Protocols") even if the Derivative Protocol is based on a Token that is supported by Hurricane Finance. Other exchanges or service providers may do the same.
• Hurricane Finance may suspend or reject your transaction requests, suspend or cease support for Tokens, or suspend or terminate your access to the Services to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at Hurricane Finance’s discretion.
• You may be unable to withdraw Tokens prior to Hurricane Finance ceasing to support transfer of any such Tokens, resulting in the loss of any such Tokens remaining in your Hurricane Finance Order Deposit (as defined below).
• Any Token may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Token Properties or perceived value of Token Properties, Attacks, suspension or cessation of support for a Token by Hurricane Finance or other exchanges or service providers, and other factors outside the control of Hurricane Finance.
• Any Token may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action. Government regulation of Tokens is unsettled and rapidly evolving.
• Any Token may be lost if sent to the wrong address (for example but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of Token).
• You may be prevented from sending a transaction request, or your transaction request or email may not be received by Hurricane Finance or the Services, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues).
• Your transaction request or email to Hurricane Finance or the Services may be lost, intercepted or altered during transmission.
• Unauthorized third parties may access or use your Hurricane Finance Order (as defined below) and effect transactions without your knowledge or authorization.

The risks described in this Section 3 may result in loss of Tokens, decrease in or loss of all value for Tokens, inability to access or transfer Tokens, inability to trade Tokens, inability to receive financial benefits available to other Token holders, and other financial losses to you. You hereby assume, and agree that Hurricane Finance will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against Hurricane Finance, its Affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein. You waive application of Section 1542 of the Civil Code of the State of California, or any similar statute or law of any other jurisdiction. Section 1542 reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Tokens that you decide to acquire or trade; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Token or trade. You accept the risk of trading Tokens by using the Services, and are responsible for conducting your own independent analysis of the risks specific to the Tokens and the Services. You should not acquire or trade any Tokens unless you have sufficient financial resources and can afford to lose all value of the Tokens.

Hurricane Finance’s decision to support transfer, storage or trading of any particular Token through the Services does not indicate Hurricane Finance’s approval or disapproval of the Token or the integrity, security or operation of the Token or its Underlying Technology. The risks associated with Tokens and trading Tokens apply notwithstanding Hurricane Finance’s decision to support a particular Token. Hurricane Finance does not provide trading advice, does not have any fiduciary duty to you or any other user and does not make any warranty about the suitability of any Token for trading or ownership by you.

4. ORDER FUNDING; TRANSFERS

4.1. Initial Order Funding

In order to engage in a Trade (as defined below) you must first transfer Tokens that are supported by the Services to Hurricane Finance. The Services associated with your Hurricane Finance Trade include a wallet service provided by Hurricane Finance ("Order Deposit"). The Order Deposit will generate one address to which Tokens may be transferred from a wallet or address not hosted or controlled by Hurricane Finance ("External Account").

4.2. Deposits

You may transfer from an External Account to your Order Deposit the associated Tokens that are supported for transfer and storage using the Services associated with your Hurricane Finance trade. If you transfer to your Order Deposit any Tokens that are not supported by the Trade, such Tokens may be permanently lost.

4.3. Fulfillment

A Trade is fulfilled by the liquidity provider associated with your Hurricane Finance Trade transferring Tokens to an address not controlled by Hurricane Finance ("External Address"). You hereby authorize Hurricane Finance to use your Order Deposit to fund fulfilling your Hurricane Finance Trade to any External Address specified by you using the Services, the number of Tokens specified by the liquidity provider associated with the Trade. Hurricane Finance is not able to reverse any transfers and will not have any responsibility or liability if you have instructed Hurricane Finance to send Tokens to an address that is incorrect, improperly formatted, erroneous or intended for a different type of Token.

4.4. Other Terms Applicable to Transfers

You will be responsible for: (a) paying all fees charged by any third party service provider associated with any External Account or External Address as well as for paying any fees charged by Hurricane Finance for any transfers; (b) ensuring that any inbound and outbound transfers are handled in compliance with Hurricane Finance requirements, third party service provider requirements or Token requirements; (c) ensuring that the address to which any Tokens are to be transferred is properly formatted and suitable for the type of Token being transferred; and (d) ensuring that there are no errors in any of the transfer instructions you provide using the Services. In the event you fail to comply with any requirements of this Section 4.4, the transferred Tokens may be permanently lost. The timing for completing any transfer will depend on third party actions that are outside the control of Hurricane Finance and Hurricane Finance makes no guarantee regarding the amount of time it may take to complete any transfer.

5. EXCHANGE ORDERS AND TRADES

5.1. Orders; Fees

A "Trade" is an exchange of Tokens for which trading is supported on the Services between you and a liquidity provider affiliated with the Services whereby you dispose of certain Tokens and acquire different Tokens. An "Order" is created when you enter an instruction to effect a Trade using the Services. When you enter an Order you authorize Hurricane Finance to execute a Trade on a spot basis for all or a portion of the number of Tokens received in your Order Deposit in accordance with such Order. You agree to pay Hurricane Finance any applicable fees for Trades and authorize Hurricane Finance to deduct any such fees from your Order Deposit.

5.2. No Broker or Fiduciary Relationship

Hurricane Finance is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any Trades or other decisions or activities effected by you using the Services. No communication or information provided to you by Hurricane Finance is intended as, or shall be considered or construed as, advice. Please refer to Section 3 for a summary of some of the risks you should consider when choosing whether to use our Services.

5.3. Order Matching and Trade Execution

Upon placement of an Order, your Hurricane Finance Trade will be updated to reflect the open Order and your Order will be included in Hurricane Finance’s order book for matching with an affiliated liquidity provider. If all or a portion of your Order is matched with an affiliated liquidity provider, the Services will execute a Trade. Upon execution of a Trade, your Hurricane Finance Order will be updated to reflect that the Order has either been closed due to having been fully executed, or updated to reflect any partial fulfillment of the Order. Orders will remain open until fully executed or cancelled in accordance with Section 6.4 below. For purposes of effectuating a Trade, you authorize Hurricane Finance to take control of the Tokens that you are disposing of in the Order Deposit associated with the Trade.

5.4. Cancellations

Once your Tokens have been transferred to your Order Deposit and sent to an affiliated liquidity provider, you may not change, withdraw, or cancel your authorization for Hurricane Finance to complete such Order.

5.5. Insufficient Tokens

If you have an insufficient amount of Tokens in your Order Deposit to fulfill an Order, Hurricane Finance may cancel the entire Order or may fulfill a partial Order that can be covered by the Tokens in your Order Deposit (after deducting any fees payable to Hurricane Finance in connection with the Trade).

5.6. Transaction Insurance

If the liquidity provider associated with your Hurricane Finance Trade fails to fulfill an Order in accordance with Section 4.3 above, Hurricane Finance is obligated to offer a refund in denominations of the Tokens associated with your Hurricane Finance Trade no greater than the Tokens transferred to the Order Deposit associated with your Hurricane Finance Trade to an External Address specified by you using the Services.

6. GENERAL SERVICE TERMS

6.1. Conditions and Restrictions

Hurricane Finance may, at any time and in its sole discretion, refuse any transfer request, Order or other transaction request submitted via the Services, impose limits on the amounts of transfers or Trades that can be completed on a daily or other periodic basis or impose any other conditions or restrictions upon your use of the Services, without prior notice. For example, Hurricane Finance may: (a) temporarily limit the number of open Orders that you can establish via the Services; or (b) temporarily restrict withdrawals or trading if there is a reasonable suspicion of diminished capacity.

6.2. Accuracy of Information

You must provide any information required by any screen displayed within the Services. You represent and warrant that all information you provide via the Services is accurate and complete.

6.3. Support for Tokens

Hurricane Finance retains the right, in its sole discretion, to determine whether to support transfer, storage or trading of any Token using the Services, and may discontinue or terminate any support for any Token at any time for any or no reason. Unless otherwise required by law or law enforcement, Hurricane Finance will make reasonable efforts to notify you of its decision to cease to support of a Token. If Hurricane Finance ceases to support transfer or storage of a particular Token using the Services, Hurricane Finance will use commercially reasonable efforts to notify you at least 14 days prior so as to afford you with an opportunity to transfer the affected Token from your Order Deposit to an External Address. If you do not transfer the affected Token out of your Order Deposit prior to cessation of support for the Token by Hurricane Finance, the Token may be lost due to your inability to access, transfer or otherwise control the Token. Hurricane Finance will not be liable to you for any losses, liability or expenses related to its decision to cease any support for any Token.

6.4. Compliance with Law; Taxes

You are responsible for complying with all applicable laws related to your trading activities and other use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, taxes apply to the Trades and any other transactions you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. Hurricane Finance is not responsible for determining whether taxes apply to your Trades or for collecting, reporting, withholding, or remitting any taxes arising from any Trades.

6.5. Error Correction Attempts

Hurricane Finance may, at its option and discretion, attempt to correct, reverse or cancel any Order, Trade or transfer with respect to which Hurricane Finance has discovered that there was an error, whether such error was by you, Hurricane Finance or a third party. You hereby authorize Hurricane Finance to attempt any such correction, reversal or cancellation described in the preceding sentence. Hurricane Finance provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for the error or any correction attempt.

6.6. Property Disputes

If Hurricane Finance receives notice that any Tokens held in your Order Deposit are alleged to have been stolen or otherwise are not lawfully possessed by you, Hurricane Finance may, but has no obligation to, place an administrative hold on the affected Tokens or your Order Deposit. If Hurricane Finance does place an administrative hold on some or all of your Tokens, Hurricane Finance may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Hurricane Finance has been provided to Hurricane Finance in a form acceptable to Hurricane Finance. Hurricane Finance will not involve itself in any such dispute or the resolution of the dispute. You agree that Hurricane Finance will have no liability or responsibility for any such hold, or for your inability to withdraw Tokens or execute Trades during the period of any such hold.

6.7. Unacceptable Use or Conduct

You will not:

• violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;
• use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
• use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;
• introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
• encourage or induce any third party to engage in any of the activities prohibited under this Section.

7. CHANGES; SUSPENSION; TERMINATION

7.1. Changes to Services

Hurricane Finance may, at its discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of any Services.

7.2. Suspension or Termination of Services

Hurricane Finance may, at its discretion and without liability to you, with or without prior notice and at any time, temporarily suspend or permanently terminate your access to all or a portion of any Services.

7.3. No Liability

Hurricane Finance will not be liable for any losses suffered by you resulting from any modification of any Services or from any suspension or termination of your access to all or a portion of any Services (whether pursuant to this Section 7 or for any other reason). If and when Services resume, you acknowledge that Token valuations and exchange rates may differ significantly from the valuations and rates prior to such event.

7.4. Effect of Termination

In the event of discontinuation of all Services or other termination of your right to access all Services: (a) all amounts payable by you to Hurricane Finance will immediately become due; (b) Hurricane Finance may delete or deactivate your Hurricane Finance Order and all related information and files in such associated data without liability to you; and (c) Hurricane Finance may cancel any open Orders or other transaction requests that are pending at the time of discontinuation or termination.

8. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE, THE SERVICES, THE Hurricane Finance MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Hurricane Finance ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND Hurricane Finance EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, Hurricane Finance DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR Hurricane Finance MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT YOUR USER DATA MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, VIRUSES OR OTHER HARMFUL MATERIALS, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.

THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

9. DISCLAIMER OF DAMAGES

IN NO EVENT WILL Hurricane Finance, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, THE Hurricane Finance MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Hurricane Finance, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF Hurricane Finance), EVEN IF Hurricane Finance HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. LIMITATION OF LIABILITY

IN NO EVENT WILL THE LIABILITY OF Hurricane Finance, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION WITH SITE, THE SERVICES, THE Hurricane Finance MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Hurricane Finance, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF Hurricane Finance) EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO Hurricane Finance UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

11. DISPUTE RESOLUTION; ARBITRATION; WAIVER OF CLASS ACTION

With the exception only of disputes related to the enforcement or validity of Hurricane Finance's intellectual property rights, all disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through confidential binding arbitration in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You acknowledge and agree that you have read and understand the rules of JAMS or waived your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You agree that any dispute arising out of or related to these Terms or the Services is personal to you and Hurricane Finance and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You agree that these Terms involve matters affecting interstate commerce and that the enforceability of this Section 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You agree that for any arbitration, the party filing the claim will pay the filing fee and the parties will split the remaining JAMS fees and costs. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction.

WITH RESPECT TO DISPUTES SUBJECT TO ARBITRATION PURSUANT TO THIS SECTION 11, BOTH YOU AND Hurricane Finance ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) THOSE DISPUTES IN COURT BEFORE A JUDGE OR JURY.

12. OTHER TERMS

12.1. Remedies

Hurricane Finance shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by Hurricane Finance pursuant to this paragraph. Any right or remedy of Hurricane Finance set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.

12.2. Hurricane Finance Affiliates and Contractors

An "Affiliate" is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site and any Services may be operated or provided by Hurricane Finance, its Affiliates or their respective contractors. To the extent that an Affiliate of Hurricane Finance, or contractor of Hurricane Finance or an Affiliate of Hurricane Finance, is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever Hurricane Finance's name occurs in these Terms.