Terms and Conditions

LAST UPDATED: January 16, 2022 Welcome to Dolarista! Welcome to the website operated by Lealti Inc., and any affiliated companies (collectively, and hereafter referred to as "Dolarista," "we," "us," or "our"). We invite you to join our global network of members who value FREEDOM to hold and move their legally-earned money in ways that are most convenient, safe, and reliable. If your money has been legally earned, then welcome to a new world of opportunity and freedom. It’s YOUR money. 1. Eligibility and Agreement To access and use our website at https://www.dolarista.com (or https://www.dolarista.com), our online services, services we enable through other licensed entities, our mobile apps, and any of our services related to or utilizing any of the foregoing (collectively, as our “Services”), you must register and be verified by Dolarista (as a “Client”). Dolarista may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain U.S. states or foreign jurisdictions ("Restricted Locations"). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf. You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in the U.S.); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the United States prohibits the use of the Services; (e) are not identified as a "Specially Designated National;" (f) are not placed on the Commerce Department’s Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms. By signing up to use Dolarista Services, you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy. You agree these terms and conditions govern your access to and use of the Services, unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control. As a part of the Dolarista Services. We may amend or modify this Agreement by posting on the Dolarista website or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account by notifying info@dolarista.com. You agree that we shall not be liable to you or any third party for any modification or termination of the Dolarista Services, or suspension or termination of your access to the Dolarista Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective. Continued use of the Service after any such changes shall constitute your consent to such changes. 2. The Dolarista Services 2.1 Registration. In order to use our Services, you must register for and maintain an Account. Registration requires you to submit to Dolarista certain personal information including documents that verify your identity. You understand and agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or if the documentation provided does not meet Dolarista's quality standards. In addition, you agree to maintain accurate, complete, and up-to-date information with Dolarista. Your failure to maintain accurate, complete, and up-to-date information may result in your inability to access and use the Services or Dolarista's termination of this Agreement with you. You can only have one Account at any given time. 2.2 Account Access.You are responsible for maintaining the confidentiality of your Account information, including your password and all activity including transactions that occur under your account. You agree to immediately notify Dolarista of any unauthorized access to and use of your Account or password, or any other security violation via email to info@dolarista.com. You may not authorize third parties to use your Account. You are solely responsible for all acts performed through the platform using your password or account whether authorized or not. You should not attempt to gain unauthorized access to Services, and any attempt to do so or to help others to do so, or distributing instructions, software or tools for this purpose will result in the termination of your account and other associated accounts, without prejudice to other rights, remedies and actions Dolarista may take. You cannot create or use an Account other than your own. 2.3 Offered Services. Dolarista offers various financial services, directly, through other licensed Partners and indirectly by facilitating person to person (“P2P”) exchanges of value. Please be aware that: (i) Offered Services provided by other licensed Partners may require separate signup, identity verification and agreement; and (ii) P2P exchanges involve value held with Third Party Providers and are subject to such Providers own terms and conditions. 2.4 Transaction Limits.You understand and agree that Dolarista may impose transaction limits or restrictions based on review of your account, suspected violations of the terms of this Agreement or any other reason. Dolarista will use reasonable effort to provide you notice of any such transaction limits or restrictions related to the Dolarista Services and your Account. 2.5 Transaction Governance. Dolarista provides transaction governance of P2P transactions by validating users, performing, as appropriate, regulatory reviews and checks, restricting Services based on Dolarista'S own TrustRating system and, in the event of compliant of fraud, conducting investigations and working with Clients to resolve those claims in a fair and impartial manner. 2.6 Dolarista Guarantee. The safety and security of your money is very important to Dolarista. We guarantee that we will at all times act in good faith to provide our Services in a manner that protects your rights and interest in the value you hold and transact through Dolarista Services. You acknowledge and agree, however, that Dolarista does not guarantee the successful execution of all transactions you request and that Dolarista may also cancel a transaction in its reasonable discretion. You may be requested to provide additional information when initiating an Dolarista transaction including providing proof of source of funds. You agree to comply with such requests and understand and acknowledge that Dolarista may cancel any transaction should you fail to comply with such requests and further may restrict access and use the Services or terminate this Agreement and your account permanently. 2.7 Charges. You understand that use of the Services may result in charges to you for the services you receive from Dolarista or one of its licensed Partners ("Charges"). Any Dolarista Charges will be displayed before you initiate a service request and if the service request is approved by you, the Charges will be deducted directly from your Dolarista account. Any Charges paid by you are final and non-refundable, unless otherwise determined by Dolarista. Dolarista reserves the right to establish, remove and/or revise Charges for specific service requests in its sole discretion. Dolarista may from time to time provide certain Clients with promotional offers and discounts that may result in different amounts charged for the same or similar service requests, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. 2.8 Chargebacks. In addition to the Charges described above, you understand and agree that you are responsible for any fees, costs, expenses, charges and the like (collectively, “Chargebacks”) incurred by Dolarista as a result of transactions you initiated and that were reversed, failed, were fraudulent or resulted in errors when processed. You also understand that you may be subject to Chargebacks by our licensed Partners for transactions you initiated and understand and agree that such Chargebacks by our licensed Partners are your sole responsibility. 3. Licensed Partners Licensed Partners acknowledge and agree that these Terms of Service apply to their use of the Dolarista Services. Licensed Partners further agree that they shall cooperate with Dolarista in investigations involving suspected Client violations of the Terms of Service including without limitation a Client engaging in a Prohibited Activity as defined pursuant to subsection 7.3 herein. When requested by Dolarista pursuant to an investigation, Licensed Partners agree to provide all information and documentation in the possession of the Licensed Partner and reasonably relating to the suspected Prohibited Activity including without limitation identity documents and information about documentation about destination accounts for funds relating to the Prohibited Activity. Licensed Partners further agree to cooperate with Dolarista in recovering any funds relating to Prohibited Activities including restricting any Licensed Partner accounts of the suspected Client when advised of a suspected Prohibited Activity and returning funds if the investigation concludes that the Client engaged in a Prohibited Activity. 4. Promotional Programs 4.1 General. Dolarista may make available promotional offers and programs from time to time (“Dolarista Promotions”). You understand and agree that Dolarista may establish in its absolute discretion terms and conditions, including eligibility, for Dolarista Promotions, and may change or terminate the Dolarista Promotions at any time, with or without notice. Your participation in Dolarista Promotions is prohibited where void by applicable law or regulation. 5.Electronic Fund Transfer Disclosure Statement The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account. Electronic Fund Transfer services may be provided by Dolarista or by authorized third-parties. In each case, you will be notified by prior disclosure as to whom the services are provided and any additional terms of service that apply. A. Definitions: Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account. B. Your Liability: Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period. 6. Electronic Fund Transfer Error Resolution A. Errors or Questions about Transactions. Please contact us by emailing us at info@dolarista.com (1) if you believe a transaction receipt or a statement is wrong, or (2) if you need more information about a transaction on the receipt or statement. For consumer accounts, we must hear from you no later than sixty (10) days after we sent you the first statement on which the error or problem appeared. For business accounts, we must hear from you within one (1) business day of us sending you a receipt. Your inquiry must include: (x) your name, email associated with your account, and your account number (if available); (y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and (z) the dollar amount of the suspected error. B. Time Periods Ten-Day Time Period - Dolarista will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. Dolarista shall report the results to the consumer in writing within three business days after completing its investigation. Dolarista shall correct the error within one business day after determining that an error occurred. Forty Five-Day Time Period - If Dolarista is unable to complete its investigation within 10 business days, Dolarista may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided Dolarista does the following: a) Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. Dolarista need not provisionally credit the consumer's account if: (1) Dolarista does not receive written confirmation within 10 business days of error; or (2) The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220) b) Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation; c) Corrects the error, if any, within one business day after determining that an error occurred; and d) Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final). Extension of time periods. The time periods described above may be extended as follows: a) Extension of Ten-Day Time Period - The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or b) Extension of Forty Five-Day Time Period - The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made. 7. General Use, Prohibited Use, and Termination 7.1 Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Services, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by Dolarista from time to time. Any other use of the Dolarista Applications or Content is expressly prohibited and all other right, title, and interest in the Dolarista Applications or Content is exclusively the property of Dolarista and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "Dolarista", "Dolarista.com", “dolarista.com" and all logos related to the Dolarista services or displayed on the Dolarista Applications are either trademarks or registered marks of Dolarista or its licensors. You may not copy, imitate or use them without Dolarista's prior written consent. 7.2 Website Accuracy. Although we intend to provide accurate and timely information, Dolarista Applications (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on Dolarista Applications are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to Dolarista Applications. 7.3 Prohibited Activities. You agree that you will not use Dolarista Services to perform any type of illegal activity of any sort or to take any action that negatively affects the performance of the Dolarista Services. You may not engage in any of the following activities via the Services, nor may you help a third party in any such activity: (1) Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Dolarista conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; (2) Activity undertaken to try and gain unauthorized access to our Services or another user’s account; (3) Activity designed or which operates to defraud Dolarista, Dolarista users, or any other person; (4) Activity that results in providing false, inaccurate, or misleading information to Dolarista; (5) Activity designed to attempt to bypass or circumvent any security features; (6) Activity that reproduces, duplicates, copies, sells or resells our Services for any purpose except as authorized in these Terms; (7) Activity that is abusive or interferes with or disrupts our Services; (8) Disclosing or misusing information of another Dolarista Client; (9)Activity that hides or misrepresents the true origin of assets and resources which are the object of the services contracted with Dolarista or which is not conducted in your true name and identity. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Dolarista Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Activity. If you are blocked by Dolarista from accessing the Dolarista Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). In accordance with the requirements of the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG, this notification is to inform you that restricted transactions are prohibited from being processed through your account or relationship with Dolarista. Restricted transactions are transactions in which a person accepts credit, funds, instruments or other proceeds from another person in connection with unlawful Internet gambling. By maintaining an account with our institution, you certify that you do not engage in Internet gambling and you agree to notify us if your account is ever used for Internet gambling of any kind, even if you believe the activity to be legal. If you do not, we may terminate your access to various payment methods or close your account. 7.4 Suspension, Termination, and Cancellation. Dolarista may, at its sole and absolute discretion, and without notice: (a) suspend, restrict, or terminate your access to any or all of the Dolarista Services, and/or (b) deactivate or cancel your Dolarista Account, for any reason including: We are so required by a facially valid subpoena, court order, or binding order of a government authority; or We suspect you of using your Dolarista Account in connection with any Prohibited Activity; or Use of your Dolarista Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or Our service Partners are unable to support your use; or You take any action that Dolarista deems as circumventing Dolarista's controls, including, but not limited to, opening multiple Dolarista Accounts or abusing promotions which Dolarista may offer from time to time. We also reserve the right to log off accounts that have been inactive for periods of six (6) months or more, or to modify or discontinue the Services. You agree that we are not liable to you or third parties for the suspension or termination of your account or access to the Dolarista Services. If Dolarista suspends or closes your account, or terminates your use of Dolarista Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Dolarista from providing you with such notice. You acknowledge that Dolarista's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Dolarista's risk management and security protocols. You agree that Dolarista is under no obligation to disclose the details of its risk management and security procedures to you. The suspension or termination of your account does not affect any obligation you have to Dolarista for Charges or Chargebacks relating to Dolarista transactions executed prior to the suspension or termination date. 8. Customer Feedback, Queries, Complaints, and Dispute Resolution 8.1 Contact Dolarista. If you have any feedback, questions, or complaints, you may contact us via any supported customer support link, service or via email at info@Dolarista.com. When you contact us, please provide us with your name, address, and any other information we may need to identify you, your Dolarista Account, and the transaction on which you have feedback, questions, or complaints. 8.2 Complaints. If you have a dispute with Dolarista (a “Complaint”), you agree to contact us through our support team to attempt to resolve any such dispute amicably. You agree to use this process before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps. Pursuant to any dispute relating to your use of the Services, Dolarista will initially conduct its own investigation. You agree to cooperate reasonably with Dolarista’s investigation, provide information as requested and, if it is reasonably determined by Dolarista that amounts are owed by you due to error, fraud or otherwise, you agree to make payment to Dolarista in accordance with Dolarista’s determination within fifteen (15) days. In the event that Dolarista determines that amounts are owed to you, Dolarista agrees to make payment to you of such amounts within fifteen (15) days. If we cannot resolve the dispute through our internal investigation, you and we agree to use the Arbitration process set forth below. 7.3 Arbitration. You or we, or any other party that may be involved, including without limitation Onfido, Inc., (each a “Party”, collectively, the “Parties”) shall have the right to have any dispute arising between or among the Parties pursuant to or related to this Agreement or that relates in any way whatsoever to your use of Dolarista Services, including, but not limited to, your use of the identity verification feature and any of Onfido’s products or services, be settled by means of binding arbitration. This arbitration provision expressly covers all past, present or future claims between or among the Parties. No claim hereunder may be asserted on a class, collective or representative basis or otherwise joined with the claims of anyone else. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute hereunder including, but not limited to, any claim that all or any part of the requirement to arbitrate is void or voidable. Arbitration must proceed only with and under this arbitration clause and the applicable International Chamber of Commerce’s (ICC) Rules, but the rules in this arbitration clause will be followed if there is disagreement between them and ICC’s procedures. If ICC's rules or procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. For a copy of ICC’s rules and procedures, to file a claim or for other information, please see http://www.iccwbo.org. If ICC is completely unavailable, and if the Parties cannot agree on a substitute, then a Party may request that a court appoint a substitute arbitrator. Unless otherwise agreed by the Parties, the arbitration will be conducted in Los Angeles, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Dolarista submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the ICC Rules. Subject to the ICC Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Notwithstanding the provisions of the modification-related provisions above, if Dolarista changes this "Arbitration" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Dolarista written notice of such rejection by mail or hand delivery to: Dolarista Inc, Attn: Dispute Resolutions, 8 The Green, STE A, Dover, DE 19901, or by email from the email address associated with your Account to: info@dolarista.com, within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Arbitration" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Dolarista in accordance with the provisions of this "Arbitration" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). 9. Release, Disclaimers, Limitation on Liability, Indemnity 9.1Release. By using the Dolarista Services, you agree that you assume all risks in connection with your access and use of the Services. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Services. If you are a California resident, you waive the benefits and protections of California Civil Code § 1542, which provides: “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” 9.2 Disclaimer. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DOLARISTA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DOLARISTA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, LAWFULNESS, SUITABILITY OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DOLARISTA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. 9.3 Limitation on Liability. DOLARISTA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF DOLARISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOLARISTA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF DOLARSITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOLARISTA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DOLARISTA'S REASONABLE CONTROL. IN NO EVENT SHALL DOLARISTA'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED AMOUNTS HELD BY YOU IN YOUR DOLARISTA ACCOUNT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 8.3 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. 9.4. Indemnity. You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of the terms of this Agreement. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense. 10. General 10.1 No Advice. Dolarista does not provide investment advice. The information contained within the Dolarista website is for informational purposes only, and we are not soliciting any action based upon such materials. You agree and understand that we do not purport to provide any investment advice. We do not provide any consultation on the advisability of purchasing, exchanging, lending or borrowing digital assets, trading techniques, models, algorithms, or any other schemes. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms. 9.2 Privacy. Protecting your privacy is very important to Dolarista. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information. The Privacy Policy is incorporated herein by reference. You agree to abide by all terms set forth in the Privacy Policy. 10.3 Confidentiality. You agree to maintain in confidence any written, oral, or other information obtained through your use of the Services unless (a) such information is already known to you or such information becomes publicly available through no fault of you, (b) the use of such information is necessary or appropriate in making any filing or required for the consummation of transactions authorized through use of the Services, or (c) the furnishing or use of such information is required by or necessary or appropriate in connection with legal proceedings. 10.4 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your use of Dolarista. We will not withhold any amounts from your account; provided however, that we reserve the right to withhold any amounts that we deem required under applicable law. 10.5 Notice. Dolarista may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Dolarista, with such notice deemed given when received by Dolarista, at any time by first class mail or pre-paid post to Dolarista, Inc., Attn: Dolarista User Notices, 8 The Green, Suite A, Dover, DE 19901. 10.6 No Class Proceedings. You and we agree that any Party hereto may bring claims against the other on an individual basis only and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless the Parties agree otherwise, any adjudicator of any claim may not consolidate or join more than one Party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any adjudicator of any claim may award relief, including monetary, injunctive, and declaratory relief, only in favor of the Party seeking relief, and only to the extent necessary to provide relief necessitated by that Party’s claim(s). Any relief awarded cannot affect other users of the Services. 10.7 Entire Agreement. This Agreement and the Dolarista Privacy Policy, incorporated by reference herein, comprise the entire understanding and agreement between you and Dolarista as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Dolarista. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement. 10.8 Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Dolarista affiliates or subsidiaries, or to any successor in interest of any business associated with the Dolarista Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. 10.9 Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected. 10.10 Change of Control. In the event that Dolarista is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. 10.11 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement shall survive the termination or expiration of this Agreement. 10.12 Governing Law. You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Dolarista, except to the extent governed by federal law. 10.13 Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions. 10.14 English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.