OTC Website Terms & Conditions

1. ACCEPTANCE OF TERMS
The following terms and conditions (together with the policies and notices stated herein, collectively, these “Terms”) shall apply to the use of our websites, specifically, Otctrade.com, Otctrade.net, Otctrade.org, OtcCrypto.com, or any analog, derivative, or variation thereof (together with any and all mobile applications related thereto, individually and/or collectively, as the context may require, the “Website”), as well as to the sale, purchase, exchange, or trade of any form of currency (including cryptocurrency and other currency equivalents) on or in connection with the Website.
Please read these Terms carefully before accessing or using the Website. OTC Trade, LLC (together with its parents, subsidiaries, or affiliates, collectively, “OTC”, “we”, or “us”) owns and operates the Website, and offers the “Service” (as defined herein), including all information, tools, and services available from this site to you, the user (together with any person who views, browses, or uses the Website as a browser, merchant, trader, or contributor of content, individually and/or collectively, as the context may require, the “User”, all “Users”, or “You”), conditioned upon your acceptance of these Terms. These Terms apply to all Users. If You do not agree to these Terms, You may not access the Website or use any part of the Service.
OTC provides the Service subject to these Terms, which may be updated from time to time without notice to the User. Any new features or tools which are added to the Website shall also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Website. You can review the most current version of these Terms at any time on this page, and it is your responsibility to check this page periodically for any modifications, revisions, additions, or deletions to these Terms.
Registration data and certain other information about You are subject to the OTC Online Privacy Policy (the “Privacy Policy”). The provisions of the Privacy Policy are incorporated by reference in their entirety into these Terms, with the same force and effect as if the same were fully set forth herein. For more information, see our full Privacy Policy at: https://www.otctrade.com/privacy-policy
By visiting, accessing, using, or continuing to use any part of the Website, You acknowledge having read, understood, accepted and consented to these Terms and to the Privacy Policy, and agree to be bound thereby, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
2. DESCRIPTION OF THE SERVICE
OTC makes available to Users various services and functions (collectively, the “Service”) on and through the Website. One component of the Service is comprised of an interactive peer-to-peer community of Users in which Users can discuss, among other things, available options for the purchase or sale of cryptocurrency across a variety of platforms in order to enable Users to obtain the most favorable transactional terms and identify arbitrage opportunities among various trading exchanges. The Service facilitates and includes Users’ ability to become members, browse strategy posts, engage in discussions, send private messages, and contribute to the OTC online community. The Service also provides and includes access to numerous online resources, including various communication tools, articles, reviews, guides, hyperlinks, and personalized content.
Unless expressly stated otherwise, any new features that augment or enhance the Service in its current form, including the release of new OTC affiliates, software, groups, or Content (as defined herein), shall be subject to these Terms.
OTC may modify, discontinue, or suspend any aspect of the Service at any time. OTC may also choose, without notice or liability, to limit or restrict access to portions or all of the Service. You are responsible for obtaining access to the Service and all associated connection fees to the Internet or other web connection (such as Internet service provider or airtime charges) as well as all equipment necessary to make such connection to the Service.
Users are prohibited from reproducing, duplicating, copying, selling, trading, reselling, leasing, licensing, redistributing, assigning, or exploiting for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
OTC assumes no responsibility for the timeliness, deletion, delivery, or failure to store any User’s communications or personalized settings.
None of the Website, the Service or these Terms are to be used for or in conjunction with any illegal activity. OTC will not be liable or responsible for any User activity, related to the Service, that may violate any law of the User’s jurisdiction. We do not represent or warrant that actions You take with regard to your account and related activities related to the Service will be lawful in any particular jurisdiction. It is incumbent upon You to remain apprised of the pertinent laws in your jurisdiction and to act lawfully at all times.
3. SERVICE CONTENT, INFORMATION, AND FEATURES
The Service contains information, text, and other materials (collectively, the “Content”) that are provided for your informational use. Third parties may also provide information, advice, and material—or links to the aforementioned (“Links”)—that is included in the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that some of the Content may be subject to terms and conditions of third parties not directly under the control of OTC. We make no representations or warranties as to the completeness, accuracy, adequacy, accessibility, currency, safety, or reliability of any part of the Service and will not be liable for any lack of the foregoing.
To the fullest extent permissible by law, nothing on the Website shall be deemed to be an endorsement or warranty of any product, publication, third-party website, online cryptocurrency trading exchange, or other Internet website or service, or of cryptocurrency transactions in general. OTC shall not be deemed responsible for any action taken by You as a result of consuming or acting upon any part of the Service that proves to be incorrect. You should never use the Website as an authoritative destination on which to base cryptocurrency or any other financial transactions.
To the fullest extent permissible by law, OTC is not responsible, and will not be held liable, for any breach of security associated with the transmission of sensitive information through the Service or any linked site.
Since we do not pre-screen Users or User-generated content, You may be exposed to content that is offensive, indecent, or objectionable, for which we assume no responsibility or liability.
4. THIRD-PARTY SITES AND CONTENT
OTC has no control over third-party websites and resources. You acknowledge and agree that OTC is not responsible for the availability of links to such external sites or resources. Users or third-party advertisers may offer goods, services or other materials on their websites or via the Service. Your correspondence and business dealings with such third parties found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties, and representations associated with such dealings, are solely between You and the third party. OTC will not be responsible or liable for any loss or damage of any kind or manner incurred as a result of any such dealings, or the offering, purchasing, selling, or exchanging of any such goods, services, or other information, on or relating to the Service.
OTC offers no guarantees or warranties of quality, trustworthiness, or reliability of any third-party website, and there is no warranty from OTC in relation to anything that might happen upon You visiting a third-party website. Users shall visit such websites entirely at their own discretion, by their own accord, and at their own risk.
Third-party websites are permitted to create links to, but may not replicate of the Content. Any third-party website that links to the Service shall not: (i) create a browser or border environment around any of the content of the Service; (ii) imply that OTC is endorsing or sponsoring it or its products; (iii) present false information about OTC or its products or services; (iv) use OTC’s trademarks or other intellectual property; or (v) contain content that could be construed as distasteful, offensive, or controversial, in each instance without the express written consent of OTC in its sole discretion.
Notwithstanding anything to the contrary contained in these Terms, we reserve the right to deny permission to link to the Service, from any website, for any reason in our sole and absolute discretion.
5. NO FINANCIAL, INVESTMENT, OR OTHER ADVICE PROVIDED
The Website and the Service are provided for informational purposes only and should not be treated or used as advice. OTC does not offer, and should not be understood to offer, financial, investment, legal, business, or any other type of advice, including any such advice for making decisions related to cryptocurrency transactions. Always consult with an expert before making any decision that carries risk, financial or otherwise.
If You choose to access the Website and/or use the Service, OTC recommends that You check your local and all other applicable laws before considering or consummating any cryptocurrency transaction. It is your sole responsibility to understand these laws and adhere strictly to their provisions. By using the Website, You agree and acknowledge that OTC does not provide any authoritative or qualified advice on the legality of any cryptocurrency transaction, that it provides no guarantees or warranties of accuracy or correctness of any information with respect to such legality, that it disclaims all liability associated with your consumption and use of any such information, and that it is your sole responsibility to understand the laws applicable to You in your jurisdiction and to comply with the same.
Transactions involving cryptocurrency are inherently speculative and entail a significant amount of risk. Do not expect or assume that any of the information contained on the Website can or will reduce your risk of loss if You decide to engage in any such transaction(s). By accessing the Website and/or using the Service, You agree and acknowledge that any cryptocurrency transaction(s) in which You engage may result in financial loss to You. You also agree that neither OTC nor any of our directors, officers, employees, contractors, affiliated companies, or agents shall be responsible or liable in any way for any financial losses incurred by You as a result of such activities.
6. USER REGISTRATION OBLIGATIONS
Registration may be required for the access and use of certain portions of the Service. In consideration of your registration, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Website’s registration page. If You provide any information, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use by You of the Service or any portion thereof.
7. USER ACCOUNT, PASSWORD AND SECURITY; FEES
Upon completing the Website’s registration process, You will receive a password and account designation. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur on or through the Service as a result of your password or account access. You agree to immediately notify OTC of any unauthorized use of your password or account or any other breach of security, and ensure that You will exit from your account at the end of each session. OTC will not be liable for any loss or damage arising from your failure to comply with the provisions of this section.
The pricing, if any, for use of the Service (or various features thereof) will be as set forth on the applicable pages of the Website. You agree that OTC may charge the payment method we have on file for the features that You select, or, at our option, your account directly, at the intervals indicated on the fee schedules available on the Website and according to all other OTC policies and procedures, including these Terms. All amounts paid are nonrefundable once incurred. All payments shall be made in United States Dollars and are exclusive of any sales or other applicable taxes, for which You will be responsible.
8. USER CONTENT AND CONDUCT
OTC permits You to contribute to the Content, by allowing You to upload to the Website information, advice, text, data, communications, messages, trade offers, trade acceptances, sale offers, and purchase agreements (collectively, “Your Content”). You are solely responsible for Your Content. This means that You, and not OTC, are entirely responsible for all of Your Content that You upload, post, email, transmit, or otherwise make available via the Service. Any and all trade offers, bids, commitments to buy, or acceptances made on or through the Website must comply with these Terms. If You post personal information on the Website, then You may receive unsolicited messages from third parties. OTC cannot ensure the security of any information You post on the Website. Under no circumstances will OTC be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content. You agree that You must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.
OTC does not claim ownership of Your Content; however, You hereby grant to OTC a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to archive, disclose, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, move, transmit over various networks, refuse, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed, at any time and for any reason.
The Service, and the software embodied within the Service, may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules established by OTC and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or dissemination, or public exhibition of the information or materials provided on the Service, in whole or in part, is strictly prohibited.
In addition, You hereby agree not to use Your Content, the Website, or the Service in any manner to:
OTC may remove or suspend your access and registration to the Service for any misuse described above or otherwise deemed by OTC to potentially endanger the Service, other Users, or the Service’s ability to perpetuate.
9. LISTING CONDITIONS
To the extent applicable or permitted on the Website and/or using the Service, it is important that You clearly specify the terms and conditions of any purchase or sale transaction in your listing of such transaction, so that counterparties know what to expect. You are required to include the following in your listing:
You are required to meet the expectations You have set in your listing. Consequently, You must ensure the delivery of the item(s) or funds within the timeframe stated in your listing or agreed upon with the counterparty. In addition, any, items You list must be in your inventory, and any funds You list must be available to You at the time of sale, or You must have an existing agreement with a third party to fulfill the delivery of the item(s) under the terms of your listing.
To cancel a transaction, You must agree on terms of cancellation with the other party(ies) to the transaction.
You may not bid on an item that You listed.
10. CONDITIONS OF PURCHASE AND SALE TRANSACTIONS
When You agree to buy, sell, or trade items or currency on or through the Website or via the Service, You form a legally binding contract between You, on the one hand, and the other party(ies) to the transaction, on the other hand, under the laws of your jurisdiction and any other applicable laws.
IF YOU LIST FOR SALE, SELL, BUY, OR TRADE CURRENCY OR ITEMS IN THE UNITED STATES, YOU SHOULD BE FAMILIAR WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS. YOU—NOT OTC—ARE RESPONSIBLE FOR COMPLYING WITH ALL OF SUCH LAWS, RULES, AND REGULATIONS. OTC IS NOT RESPONSIBLE FOR, AND DOES NOT REPRESENT OR WARRANT THAT, ANY TRANSACTION CONDUCTED ON OR THROUGH THE WEBSITE OR VIA THE SERVICE COMPLIES WITH ANY SUCH LAWS, RULES, AND REGULATIONS.
OTC is not responsible for the payment of any relevant taxes or fees in connection with any transaction that is conducted on or through the Website or via the Service. The individual participants in any such transaction are responsible for compliance with any and all applicable taxation laws, rules, and regulations.
OTC does not monitor or supervise transactions that take place on or through the Website or via the Service. The individual seller or trade participant—not OTC—is solely responsible for the accuracy and content of the listing and item(s) offered. OTC does not approve, verify, certify, or guarantee the accuracy of any listing on the Website.
If You choose to buy, sell, trade, or exchange items or funds on or through the Website or via the Service, the following apply:
Buyers and parties to a trade or exchange may not:
11. INTERNATIONAL TRANSACTIONS
The Service is accessible by international Users. We may offer certain programs, tools, and site experiences of particular interest to international Users. Parties to any purchase or sale transaction conducted on or through the Website or via the Service are responsible for complying with all laws, rules, and regulations applicable to the international sale, purchase, trade, exchange, and shipment of items or funds.
12. OTC DOES NOT TRANSFER OR STORE USER FUNDS
Funds transferred in connection with transactions conducted on or through the Website or via the Service are never held by OTC for any period of time. Funds are transferred directly from one transaction participant to the other, or as otherwise agreed upon by the parties to the transaction, without OTC’s oversight or approval. OTC is not responsible for facilitating the legal and proper transfer of funds from a buyer to a seller or from one trade participant to another. Legal and proper transfer of such funds is the sole responsibility of the individual parties to a transaction.
13. TERMINATION
You agree that OTC may, under certain circumstances and without prior notice, immediately terminate your account on the Website, any associated email address, and use of the Service. Cause for such termination shall include, but is not limited to: breaches or violations of these Terms; requests by law enforcement or other government agencies; a direct request by a User; discontinuance of, or material modification to, the Service or any part thereof; unexpected technical or security issues or problems; and extended periods of inactivity.
Termination of your account on the Website includes, but is not limited to: removal of access to all offerings within the Service; deletion of your password and all related information; and barring your further use of the Service. All terminations for cause shall be made in OTC’s sole discretion. OTC shall not be liable to You or any third party for any termination of your account, any associated email address, or access to the Service.
14. COPYRIGHTS & TRADEMARKS
The Service is protected by copyright pursuant to United States copyright laws, international intellectual property conventions, and other applicable laws. Content that is directly published by OTC is protected by copyright and is owned or controlled by OTC. Content that is published, provided by, or credited to a third party, is the sole property of such third party. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service is expressly prohibited without the prior written consent of OTC or the copyright holder as identified on the Service.
Elements of the Service are protected by trade dress, trademark, unfair competition, and other applicable laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Service may be copied or retransmitted unless expressly permitted by OTC. OTC TRADE and other service marks, trademarks, and logos displayed on the Website or the Service (including the logo depicted below) are the property of OTC or its licensors. You agree not to display or use any OTC intellectual property in any manner.
Under appropriate circumstances, OTC may terminate the use of the Service, as described in Section 13 of these Terms, by Users who infringe the intellectual property rights of OTC or any other person or entity.
15. NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND COPYRIGHT INFRINGEMENT PURSUANT TO SECTION 512(C) OF TITLE 17 OF THE UNITED STATES CODE
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If You believe that your intellectual property rights have been infringed, please notify our copyright agent and we will investigate. Subject to change by us, the OTC copyright agent for notice of claims of copyright infringement on or regarding the Service may be contacted as follows:
OTC Trade, LLC
c/o Ballon Stoll Bader & Nadler, P.C.
729 Seventh Avenue, 17th Floor
New York, New York 10019
Attention: Avi Cutler, Esq.
Phone: (718) 578-7711
Email: avicutler@gmail.com
16. DISCLAIMER OF WARRANTIES
THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS.” OTC DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO THE WEBSITE OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. YOU UNDERSTAND THAT BY ACCESSING THE WEBSITE OR USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS THE WEBSITE OR USE THE SERVICE. FURTHER, OTC EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
17. LIMITATION OF LIABILITY
OTC SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE OR ANY ERRORS CONTAINED THEREIN. CERTAIN JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, IN WHICH EVENT THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT THAT THE LAWS OF SUCH JURISDICTIONS ARE APPLICABLE TO THESE TERMS.
UNDER NO CIRCUMSTANCES SHALL OTC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR IF OTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS CONDUCT. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH EVENT THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OTC’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED AND 00/100 UNITED STATES DOLLARS ($100.00).
18. INDEMNITY
You agree to defend, indemnify, and hold harmless OTC and its officers, agents, co-branders or other partners, and employees from and against any claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees, out of or in connection with these Terms, including, without limitation, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of any other person or entity.
19. GOVERNING LAW; JURISDICTION AND VENUE
These Terms and the relationship between You and OTC shall be governed by, and construed in accordance with, the internal laws of the State of Nevada, without giving effect to its conflicts of laws provisions. You irrevocably submit and consent to the exclusive jurisdiction and venue of the state courts in and for Clark County, Nevada and the federal courts in and for the Southern District of Nevada. You agree to not raise or impose any defense of forum non conveniens in any dispute between You and OTC.
20. MISCELLANEOUS PROVISIONS
These Terms contain the sole and entire agreement between You and OTC with respect to your use of the Service and supersedes any and all other prior written or oral agreements between You and OTC. You agree that notwithstanding the provisions of any applicable statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within one (1) year following the date upon which such claim or cause of action arose or it will be barred forever.
Captions contained in these Terms are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of these Terms or the intent of any provision of these Terms. It is the intent of the parties that neither these Terms, nor any provision of these Terms, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule is not applicable to these Terms. If any provision of these Terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms.