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Terms and Conditions for Digital Asset Redemption LLC: 

Last updated February 2023

These terms and conditions are entered into by and between you, the user (“you” or “your”) and Digital Asset Redemption LLC ("DAR," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms"), govern your access to and use of any digitalassetredemption.com webpage (each individually a “Website” and collectively the "Domain"), including any content, functionality and services offered on or through the Domain or any of our mobile applications (the "Services"), whether as a guest or a registered user.

Please read the Terms carefully before you start to use the Domain. By using the Domain or accessing any Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at here, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Domain or the Services. 

This Domain and Services are offered and available to users who are 18 years of age or older  and who agree to be bound by the Terms contained herein. By using this Domain or our Services, you represent and warrant that you are of legal age to form a binding contract with DAR and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Domain or use the Services.

About DAR. 

We are a company, organized under the laws of Illinois.  Our Domain and Services are designed to allow you securely and efficiently respond to the perpetrator of a ransomware attack’s demands for payment in digital assets.  

Accessing the Domain and Account Security

We reserve the right to withdraw or amend this Domain, and any Service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Domain or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Domain, or the Services or the entire Domain, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Domain and Services.
  • Ensuring that all persons who access the Domain or Services through your internet connection or devices are aware of these Terms and comply with them.

To access the Domain or the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Domain or Services that all the information you provide on is correct, current and complete. You agree that all information you provide to register with this Domain, for the Services, or otherwise, including, but not limited to, through the use of any interactive features on the Domain, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You are solely responsible for safeguarding your password and for restricting access to the Domain or Services from your compatible mobile devices and computer(s). You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Domain or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have implemented technical and organizational measures designed to secure your information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

Prohibited Uses 

You may not, nor may you permit any third party, directly or indirectly, use the Services:

  1. to infringe the copyright, trademark, publicity, or other legal rights of DAR or any third party; 
  2. for any fraudulent or deceptive purposes; 
  3. to transmit any malicious code, viruses, worms, or other computer programs or files designed to interrupt, destroy, or limit the functionality of any computer software or hardware; 
  4. to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation; 
  5. to collect personal data or engage in any form of data mining, data harvesting, or similar activities; 
  6. to interfere with or disrupt the operations of the Domain, Services, or any other user of this Services;  
  7. to violate any applicable local, state, national, or international law, including, but not limited to, engaging in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599); 
  8. in any manner that is abusive, offensive, deceptive, threatening, or harassing;
  9. for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; 
  10. to decompile, disassemble or otherwise reverse engineer the Services; 
  11. to impersonate or attempt to impersonate DAR, a DAR employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing; 
  12. to cause or attempt to cause damage to the Services or any third-party property; or 
  13. in a manner other than as expressly allowed under these Terms.

 

User Representations and Warranties 

You represent and warrant to us that: 

  • you are at least eighteen (18) years of age; 
  • you are eligible to register and use the Domain and Services and have the right, power, and ability to enter into and perform under these Terms; 
  • any information you provide in connection with the Domain or Services is true, complete, and accurate; 
  • you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you; and
  • you will use the Domain or Services in compliance with these Terms.

Separate Agreement May be Needed

To access the full scope of DAR’s services, you will likely need to enter into a separate legal agreement with DAR.  To the extent there is any disagreement between these Terms and that agreement, the agreement shall control.   

Intellectual Property 

The Domain, Services, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned DAR, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Domain and Services for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Domain, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this Domain.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Domain.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Domain or Services in breach of the Terms, your right to use the Domain will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Domain or Services or any content on the Domain is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Domain or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Consent to Communication 

You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number and e-mail address you provide to us through the Domain. Such communications may include, but are not limited to, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Domain or Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from DAR by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.

Third-Party Materials 

If any Website in the Domain contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Domain, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

We are not responsible or liable for the performance of any third-party services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any third-party services with that third party directly in accordance with the terms and conditions of that relationship, and not DAR. 

The inclusion of any Domain link does not imply an approval, endorsement, or recommendation by DAR. Such third-party websites are not governed by these Terms. We expressly disclaim any liability for these websites. Moreover, when you use a link to go from the Domain or Services to a third-party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third-party website, including those that have a link in the Domain or Services is subject to that website’s own terms, rules and policies.

Compatibility 

We do not warrant that the Domain or Services will be compatible with your mobile device or carrier. Your use of the Domain or Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”

Geographic Restrictions 

The owner of the Domain is based in Illinois in the United States. We make no claims that the Domain or any of its content is accessible or appropriate outside of the United States. Access to the Domain may not be legal by certain persons or in certain countries. If you access the Domain from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties 

THE DOMAIN AND SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, DAR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

DAR DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THE DOMAIN OR SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE DOMAIN OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE DOMAIN SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE DOMAIN OR SERVICES WILL BE CORRECTED; OR THAT THE DOMAIN OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FIT FOR ANY PARTICULAR PURPOSE.

Limitation of Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DAR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DOMAIN, THE SERVICES ANY DOMAINS LINKED TO THE DOMAIN OR SERVICS, ANY CONTENT ON THE DOMAIN, THE SERVICES, OR SUCH OTHER DOMAINS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DOMAIN OR SUCH OTHER DOMAINS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification 

You agree to defend, indemnify and hold harmless DAR, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Domain or Services, including, but not limited to, any use of the Domain and Services other than as expressly authorized in these Terms, or your use of any information obtained from the Domain.

Modification of Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Domain or the Services thereafter.  Your continued use of the Domain or the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. We may terminate the Terms, as amended, at any time for any reason.  

Modifications to or Termination of Services 

We may or suspend or terminate your Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of terminations or changes. You may also terminate the Terms, as amended and applicable to your Account by deactivating your Account at any time.

Effect of Termination 

If these Terms or your Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (d) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data.

The parties hereby agree that the Terms shall survive the termination to the extent necessary for the enforcement of the parties’ rights and obligations. 

Governing Law and Jurisdiction

All matters relating to the Domain, Services, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Domain shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago and County of Cook, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At DAR’s sole discretion, it may require you to submit any disputes arising from these Terms, use of the Services, or use of the Domain, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE DOMAIN MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by DAR of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DAR to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms and Privacy Policy constitute the sole and entire agreement between you and DAR, Inc. with respect to the Domain and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Domain or Services. 

Assignment 

Unless expressly authorized by DAR, these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

Your Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the Domain or Services should be directed to: techsupport@digitalassetredemption.com.