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Agreement

1.You agree that upon registering for a Crate Trade account, that you are entering into a legally binding contract as outlined by this entire user agreement.

2. Disclaimer of Warranties and Limitation of Liability - Crate Trade . 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS Crate Trade MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE AND/OR THE PERFORMANCE OF THE SERVICE; INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Crate Trade . DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE AND/OR THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE AND THE PRODUCT IS ASSUMED BY THE END USER. Crate Trade SHALL NOT BE LIABLE TO END USER FOR ANY CONSEQUENTIAL OR IDENTAL DAMAGES ARISING FROM THE BREACH OF ANY PAYMENTS OR CONTRACTS, THE FAILURE OF DELIVERY, DELAY IN DELIVERY, DELIVERY IN NONCONFORMING CONDITION, THE USE OF THE SERVICE AND/OR THE PRODUCT, OR FOR ANY OTHER BREACH OF CONTRACT OR DUTY BETWEEN Crate Trade AND THE END USER.

Crate Trade shall have no obligation to provide the Service, and shall have no liability to the End User in the event Crate Trade is unable, as may be determined in the sole discretion of Crate Trade: to make payment and or changes in methods of payment or operation that can make our service unsuitable for the end user.

3. Effectiveness of Agreement - The End User's use of the Service shall not in any respect whatsoever modify any of the terms, conditions, or restrictions contained in the license agreement or other agreement by which the End User initially acquired rights to use the Product or service (the "End User Agreement"), and the use of our Service shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the End User Agreement.

4. Indemnification - You agree to indemnify and hold Crate Trade, its affiliates, officers, directors, share holders, and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made by any third party arising out of or relating to your use of the Service.

5. General - Any and all claims or disputes relating to the Service shall be governed by the laws of Spain. For the purpose of resolving conflicts relating to the Service, Crate Trade and the End User agrees that venue shall be in Spain County. Only and in addition the End User hereby consents to the jurisdiction of the courts in Spain. Crate Trade may assign its rights and delegate its duties with respect to the Service without providing notice to, or receiving the consent of the End User.

Crate Trade will terminate any account that is determined by Crate Trade in its sole and absolute discretion to being involved in any fraudulent or malicious activity including, but not limited to impersonating a Crate Trade representative or attempting to gain other Crate Trade users passwords or gaining affiliates by a form of SPAM. Any decision made by Crate Trade, its offices, agents or representatives will be final, and Crate Trade shall have no liabilty of any such decision.

6. The Legal Relationship between You and Crate Trade Agency Relationship. Crate Trade acts as a third party service provider to help you with your finances. We act as your seller/reseller based upon your direction and your requests to use Crate Trade services that require us to perform tasks on your behalf. You acknowledge that Crate Trade is not a bank and the service is a payment investments service rather than a banking service, and that Crate Trade is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as a third party service provider.

6.1 You are not required to keep funds in the Crate Trade system in order to use the service. If you do carry a U.S. Dollar balance in your Crate Trade account, Crate Trade will pool your funds together with funds from other Users, and will place those funds in accounts at one or more FSA regulated banks.

6.2 By initiating funds to your investments account, you appoint Crate Trade as your agent to obtain the funds on your behalf and to complete the purchase that you designate or deposit to a Pooled Account, subject to the terms and restrictions of this Agreement. Crate Trade will obtain the funds first by debiting your funds in the Pooled Accounts if any. If this is not sufficient to fund your payment fully, Crate Trade will obtain the remaining funds per your instructions by debiting a bank account that you designate or charging your credit card, whichever is chosen as default in your user preferences area.

6.3 Crate Trade is only a Finance Consulting Third Party. Crate Trade acts as a Finance Consulting Third Party service provider by creating, hosting, maintaining and providing our Service to you via the Internet.

6.4 Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of reased likelihood that a User's identity is correct. You authorize Crate Trade, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases.However, because user verification on the Internet is difficult, Crate Trade cannot and does not guarantee any user's identity.

6.5 Release. In the event that you have a dispute with one or more users, you release Crate Trade (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

6.6 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Crate Trade MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE AND/OR THE PERFORMANCE OF THE SERVICE; INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Crate Trade shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in the banking system or international mail service.

6.7 Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, IDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states or regions do not allow the exclusion or limitation of idental or consequential damages so the above limitation or exclusion may not apply to you.

6.8 OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

6.9 Indemnification. You agree to indemnify and hold Crate Trade, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made by any third party due to or arising out of your breach of this Agreement or the documents it corporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

6.10 Eligibility.
In order to use the Service, you must register for an account. Users may only hold one account unless specific permission is granted otherwise by Crate Trade. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our service, or to persons who present an unacceptable level of credit risk.

7. Closing accounts and limiting account access: Crate Trade reserves the right to close Account, Terminate Account, or limit access to purchasing or making withdrawals from an account for any one of the events listed below. In the event your account is closed or access is restricted, all funds within the account will be held for a period of 180 days to cover against any chargebacks your account may incure. After 180 days of account restriction, you may contact Crate Trade to request the balance of any remaining funds held within your Crate Trade account. However, if Account was terminated because of illegal, unauthorised, transactions, Penalty will be applied which can be upto $50000 or at the discretion of Crate Trade Panel.See reasons below:

(a) Reports of unauthorized or unusual bank account use associated with the account:

(b) Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank. This includes notices made by you to your credit card company that a transaction was unauthorized or your account compromised, and is done in order to protect you from further unauthorized use of your card:

(c) Abuse by a member of the reversal process provided by the member's issuing bank:

(d) Complaints received regarding spam

(e) Receipt of potentially fraudulent funds:

(f) Refusal to cooperate in an investigation or provide confirmation of identity when requested:

(g) Initiation by a member of a reversal process through the member's issuing bank without first pursuing Crate Trade.

(h) Opening multiple Crate Trade accounts:

(i) The account has been used in or to facilitate fraudulent activity:

(j) Name on the bank account does not match the name on the Crate Trade account or does not relate to the name on the Crate Trade account:

(k) Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, correct bank details.

(l) Receipt by Crate Trade of excessive complaints regarding your account, business or service:

(m) Use of an anonymizing proxy:

(n) Logging in from any country on Crate Trade's non-approved country list:

(o) Initiation of transactions considered to be cash advances or assisting in cash advances.

(p) Sending unsolicited email or posting referral links on websites where they are not permitted.

(q) Any violations of this user agreement.

8. Hacking: If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution.

9. Chargebacks: If you receive a payment into your account which resulted from a fraudulent or chargedback transaction from the sender, the funds will be reversed from your account. Chargebacks occur most commonly when a user funds by cheque or credit card and either does not have the funds in their Bank account to cover the transaction or is using stolen financial information. Chargebacks cost us all money, and Crate Trade will prosecute any fraud to the fullest extent of the law.

If you receive funds through a Crate Trade transaction funded with the sender's credit card or bank account, in the event the credit card, cheque, or other funding source is charged back, you agree to hold Crate Trade harmless for the reversal amount and to reimburse Crate Trade from either your Crate Trade account or by other means.

Chargeback Settlement Fee. To cover the cost of processing chargebacks, Crate Trade assesses a $50.00 USD fee to recipients whos' product or service made cause for credit card, cheque , e-check, or other chargebacks. (A chargeback, or reversal, occurs when a member rejects or reverses a charge on his or her credit card, or the cheque, e-check, or other payment methods is reversed.) Crate Trade is only a reseller in this matter and when these charges are charged to Crate Trade, Crate Trade must in turn charge the account at fault.

Crate Trade may use funds held in any Crate Trade account owned by you to recover amounts owed to Crate Trade due to chargebacks or for any other reason which puts your account into a negative balance situation. (A chargeback, or reversal, occurs when a buyer rejects or reverses a charge on his or her credit card or sends NSF, or other funds not received by Crate Trade cheque, e-check, or other funding) In addition, funds from payments received will first be diverted to make up any negative currency balance regardless of your Payment Receiving Preferences.

10. E-currency exchanges: Crate Trade does not permit exchanges of Crate Trade funds into e-currencies or vice versa. The reason for this is to protect both the would be exchanger, or the customer seeking the exchange from fraudulent activity. Often times, those who claim to offer exchanges are only attempting to steal money and not complete the exchange. Some wishing to attempt fraud will send funds from fraudulent credit card or cheque accounts and once the exchange is completed they are off with your e-currency before the legitimate card or bank account holder chargeback the funds against you. Please understand that this policy is in place to protect all sides presented. The only exception to the E-Currency exchanges policy is those e-currencies that are exchanged into or out of the Crate Trade system by Crate Trade, Any user attempting to use an "exchanger", or attempting to act as an "exchanger", will have said account(s), and all other accounts owned by that user, restricted and or closed. Any funds remaining in the accounts will be held by Crate Trade for a period of 180 days to cover against expected chargebacks. After the 180 day wait period the user may contact Crate Trade for release of any remaining balance held in affected Crate Trade accounts.

11. Cheque issuance Stop Payments: In the event that Crate Trade, or you opt that Crate Trade issue a Stop Payment on a Cheque that we have issued you for a withdrawal on your account balance, you will be charged the $39 our bank passes to Crate Trade associated with the Stop Payment order.

12. Returned Item Fee: If you add funds to your Crate Trade account by bank wire, e-currency, or any other transfer and the funds are returned unpaid from the bank for any reason, including but not limited to NSF, Closed Account, No Such Account, Unauthorized transaction or Stop Payment order you will be charged $50 for recovery, and $100 for a returned item fee for a total of $150.00. Please be sure that your bank details are correct to avoid these charges. Furthermore, you agree that Crate Trade has rights to use normal collection methods, including third party collection agencies to collect the Returned Item fees. You also agree that in the case of NSF returns that Crate Trade is authorized to electronically recover these funds and fees from bank account from which the NSF occurred. and further, you agree that you will be responsible for any additional costs and legal expenses incurred by Crate Trade for any unpaid account.

13. Funds Recovery: By using the withdrawal method of sending funds to your Bank Account, you authorize Crate Trade to retrieve any funds that were paid to you and then charged back by the purchaser for any reason if the funds cannot be retrieved from the users Crate Trade account, or collected from the original purchaser. If you received the withdrawal by check, you understand that the defecit amount can be turned over to a collection agency for collections. It should also be noted that reversing the funding method (ie. chargeback) used to fund your Crate Trade account is considered fraud and will be prosecuted to the fullest extent allowable by law, as well as your Crate Trade account will be terminated.

14. Money Laundering Prevention: The Money Laundering Regulations 2003 No: 3075 (Financial Services) makes it illegal to conduct or attempt to conduct a financial transaction with proceeds known to be from specified unlawful activity with:

(a) intent to promote the carrying on of specified unlawful activity:

(b) intent to evade taxes; or

(c) knowledge that the transaction is designed to conceal or disguise the nature of the proceeds or to avoid a state or federal transaction reporting requirement.

The law requires us to monitor any unusual or suspicious transactions of any size taking place where we have reasons to believe the money is derived from illegal activity. The law also requires us to keep full records of all transactions of U.S. $10,000 and above, together with copies of all identifying data. Identification may be in the form of a passport, driver's licence, credit / debit card, or bank account. We are unable to process any transaction where this information is withheld. We have a legal obligation to report to Finance regulatory authority. any such suspicious transactions. The definition of a suspicious transaction is one that raises "an unconfirmed belief" or any type of suspicion of such activities.

18. Right to refuse and investigate transactions - Crate Trade reserves the right at all times to refuse to process any transaction at any stage, which it believes in its sole discretion, is connected in any manner to money laundering activity, Fraudulent or other unlawful purposes. Crate Trade reserves furthermore the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.

18.1 Transaction Settlement Period - Crate Trade offer two stages of settlement period to cover all methods of receiving money using Crate Trade.
(a) CREDIT CARD PAYMENT WITHOUT SIGNING UP A Crate Trade Account. Crate Trade Users who are using the Credit Card Checkout button must adhere to the withdrawal condition attached to it. Using the Credit Card Checkout Button to accept payments allow Users to receive Credit Card payment without the buyers signing up an account and verifying their status, this stand on the high risk because the members are not verified, the settlement period for this type of transactions is set from 21 days to 30 days at the start period and Users may request Crate Trade for a consideration to reduce the settlement period, and Crate Trade has the right to review the transactions so far for this user and will decide if it is situable to be considered. user selling tangible goods, or items that are delivered by courier service that maintain a trackable record can be considered quicky, Users selling Digital goods may not be considered as digital goods are classified as High-Risk.
(b) PAYMENT FROM A Crate Trade ACCOUNT. Users who received money from a Crate Trade Account User who has the verification status of B=Bank, C=Credit Card and H= Home Address, has a settlement period set to 3 days to 30 days depending if the User is selling tangible or Digital goods. If the Account is funded by Wire Transfer, settlement can be done within 24hrs.

19. Activities not allowable:

Your information and your activities, including payments and receipts of payments, through the Crate Trade service shall not:

(a) Be fraudulent in nature, or selling of illegal or bogus products and services

(b) Involve the sale of counterfeit or stolen items, Tobacco, Firearms and ammunitions, explosive.

(c) Be misleading, false, or inaccurate.

(d) Infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy.

(e) Consist of providing yourself a cash advance from your credit card or bank account, or helping others to do so.

(f) Contain child pornography.

(g) Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing.

(h) Violate any law, statute, ordinance, contract or regulation, including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising.

(i) Contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information.

(j) Be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools), with the exception of payments for gaming transactions that are expressly authorized by law in the jurisdiction of both the sender and the recipient of the payment.

(k) Create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, luding but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, luding criminal prosecution where available.

(l) You may not use Crate Trade to send or receive payments for any "adult" or "sexually oriented" materials or services.

How does Crate Trade define "adult" or "sexually oriented" material?"Adult" or "sexually-oriented" material includes, but is not limited to:

(l.a) Any visual representation of human genitals presented in such a manner as to suggest sexual activity;

(l.b) Any visual representation of any form of sexual intercourse involving humans;

(l.c) Any materials which require that individuals be eighteen (18) or older (depending on the jurisdiction) to view or purchase those materials;

(l.d) Any non-textual materials clearly designed to sexually arouse the viewer/reader, including adult phone or audio services;

(l.e) Any items which, because of their nature or because of the item description, appear to be designed for use in sexual/adult activity;

(l.f) Escort services

(l.g) Any items which depict human sexual characteristics in a degrading fashion;

(l.h) Any item that portrays frontal nudity will normally be treated as "adult" material.

(l.i) Violate Crate Trade's Acceptable Use Policy.

20. Changes or Updates to Crate Trade's User Agreement: Crate Trade reserves the right to change, modify, or update it's User Agreement at any time without prior notice. Anytime any changes, modifications, or updates are made to the User Agreement, Crate Trade Expects that members upon account log in review the terms of the User Agreement before proceeding. If at that time you do not wish to agree with the changes, modifications, or updates, you should stop using the Service and then login and proceed to cancel your account. By reading and continuing into the account, you are consenting that you agree with the updates or modifications to the user agreement.

21. Liability for Unauthorized Transactions. You can inspect your transaction history at any time by logging in to your account on the Crate Trade website and clicking on the "History" link. It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has transferred or may transfer money using your account without your permission. Under applicable regulations, the extent of your liability for an unauthorized transaction is largely determined by your promptness in notifying us if someone has gained access to your password, or if a transfer or withdrawal in your History statement is correct or unauthorized. Notifying us quickly limits your liability.

22. Confidentiality: We will disclose information to third parties about your account or the transactions you complete with the account only in accordance with our Privacy Policy, including:

(a) In order to process and complete your transactions, including verifying the authenticity of the transaction;

(b) In order to comply with government agency or court orders, including proper requests from law enforcement agencies, or to conduct investigations of fraud or violations of our User Agreement; or

(c) If you give us your permission.

23. What Constitutes a Business Day? Crate Trade's business days are Monday through Friday. Saturday, Sunday and Asian national holidays are not considered business days.

24. Retrieval Requests: Upon written request, copies of documentary evidence of transactions on your Crate Trade account are available for income tax and other purposes at a cost of $6.00 per item. As long as the computer you use to access your Crate Trade account is connected to a functioning printer, you can always print out your transaction history, or the details of a specific transaction, without any additional charge.

25. Bank Wires are in escrow by an attorney, this means we are not able to touch the funds you send us until we have paid fully your investments and profits.

26. Any funds received from any Crate Trade Member in any Crate Trade account is considered a donation from you to us, without any obligation to return these funds or give anything in return.

Registered members of Crate Trade agree to periodic updates via email.