Terms of Service

Acceptance of the Terms of Service

These Terms of Service (“Terms”) apply to any access to, or use of, any services made available by COINworKs Inc., doing business as The Bitcoin Store (“The Bitcoin Store,” “we,” “us,” or “our”) using the website www.thebitcoinstore.com  (the “Site”) or our mobile applications, and to any other related services provided by The Bitcoin Store, including the use of our Bitcoin ATM Kiosks (collectively, the “Services”).

Please read the Terms of Service carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms and our privacy policy. If you do not agree to these Terms of Service or the privacy policy, you must not access or use the Services.

Changes to the Terms of Service

We may revise and update these Terms of Service 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 Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the change is posted by us. If we make changes, we will let you know by revising the date at the top of the Terms. Your continued use of the Sites after such posting shall be deemed to constitute acceptance by you of the changes.

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1) ELIGIBILITY

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1.1. General Requirements

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

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YOU HAVE FULL CUSTODY AND CONTROL OVER THE BITCOIN WALLET YOU PROVIDE AND ARE NOT PERFORMING THE TRANSACTION ON BEHALF OF OR FOR THE BENEFIT OF A THIRD PARTY. THE TRANSACTION IS FOR YOUR OWN BENEFIT. YOU ACCEPT FULL RESPONSIBILITY FOR THE TRANSACTION AND UNDERSTAND THAT ONCE A DIGITAL ASSET TRANSACTION IS CONFIRMED ON THE NETWORK IT IS FINAL AND CANNOT BE REVERSED, RECALLED OR CANCELLED. THIS DOES NOT LIMIT YOUR RIGHT TO REPORT AN UNAUTHORIZED, MISTAKEN OR ACCIDENTAL TRANSACTION, OR TO USE THE ERROR RESOLUTION AND COMPLAINT PROCEDURES DESCRIBED IN SECTION 6.6 AND, FOR CALIFORNIA RESIDENTS, IN THE CALIFORNIA DISCLOSURES AND CUSTOMER PROTECTIONS.

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1.2. Restricted Locations

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You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where The Bitcoin Store has determined, at its discretion, to prohibit use of the Services. The Bitcoin Store may implement controls to restrict access to the Services. You will comply with this Section even if The Bitcoin Store’ methods to prevent use of the Services are not effective or can be bypassed.

The Services described in these Terms are offered in person only, at our staffed retail stores in San Jose and Stockton, California. We do not offer these Services outside the United States. Our Bitcoin ATM kiosk locations are operated by COINworKs Inc. and are listed at coinworks.info.

You may not use the Services if you are located in, ordinarily resident in, or a citizen of Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk or Luhansk regions of Ukraine, or of any other country or region subject to comprehensive sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). You also may not use the Services if you appear on the OFAC Specially Designated Nationals and Blocked Persons list or any other U.S. government restricted-party list. The current OFAC sanctions programs and lists are published at ofac.treasury.gov.

2. DESCRIPTION OF SERVICES

The Bitcoin Store operates staffed retail locations in San Jose and Stockton, California, where customers can buy Bitcoin and other supported digital assets with cash, and sell supported digital assets for cash, in person and over the counter with a member of our staff. We also provide bank wire and over-the-counter (OTC) trading, a courier service, and a concierge service for qualifying customers. Rates are quoted and locked at the time of the trade, and all in-person transactions require a valid government-issued photo ID.

The Bitcoin Store does not custody digital assets on your behalf, does not operate an exchange or trading platform, and does not offer interest-bearing accounts, lending, staking or investment products. Digital assets you purchase are transferred to a wallet address that you own and control.

Services and supported assets may change over time. You agree that The Bitcoin Store will not be held responsible for any losses arising from using the Site or Services.

2.1. The Bitcoin Store and COINworKs

“The Bitcoin Store” is a registered fictitious business name (DBA) of COINworKs Inc. It is not a separate company. COINworKs Inc. is the contracting party under these Terms whether you transact at one of our staffed retail stores or at a COINworKs Bitcoin ATM kiosk, and both operate under the same FinCEN Money Services Business registration, number 31000320937750.

COINworKs Inc. operates this Site, thebitcoinstore.com, for its staffed over-the-counter retail stores in San Jose and Stockton, California, and operates coinworks.info for its Bitcoin ATM kiosk network. The two sites describe different ways of transacting with the same company. Your use of coinworks.info is governed by the terms of service published on that site.

3. COMPLIANCE

As a Money Service Business (“MSB”) registered with the Financial Crimes Enforcement Network (“FinCEN”), we have certain duties to know our clients, keep records of the transactions, employ an Anti-Money Laundering (“AML”) Compliance Program, and have a dedicated Compliance Officer to monitor the transactions. We perform audits and tests of the veracity of our program and have a zero-tolerance policy when it comes to compliance. If you violate any portion of our compliance requirements, we reserve the right, at any time and for any reason, without explanation, to terminate your ability to use our services.

We collect and record certain information from our customers. Depending on the size of the transaction and the nature of our relationship, we collect:

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• Your First and Last Name
• SMS Phone Verification;
• A copy of your Driver’s License or government issued identification card;
• If required, your Social Security Number or Taxpayer Identification Number.

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We leverage this information to perform OFAC and other watchlist screening of all customers and we file Currency Transaction Reports (“CTRs”) if a customer transacts over $10,000 worth of fiat currency in a rolling 24-hour period.

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources. Prior to your use of the Services, you must provide all information we request. You acknowledge that we will analyze and validate your identity to determine whether you qualify to perform a transaction (“Verification Process”). Your use of the Services may be delayed during the Verification Process, and we disclaim responsibility for any loss, delay or other harm relating to the delay or denial. If you do not pass the Verification Process, or if you fail to provide any of the information required to perform a transaction, you may be denied access to the Services. If you believe your access to the Services has been wrongly denied, please contact us.

4. RISK DISCLOSURES; ASSUMPTION OF RISKS, RELEASE OF The Bitcoin Store

When buying or selling cryptocurrency, you are voluntarily choosing to engage in a sophisticated and risky financial transaction. You acknowledge that you are aware of the many risks associated with using a BTM, including but not limited to, risks of financial loss, legal risk, or theft.

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You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against The Bitcoin Store, and its affiliates.

The Bitcoin Store disclaims any and all liability for the use of our Services. You represent and warrant that you have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks.

You agree that you have had whatever opportunity you deem necessary to investigate the The Bitcoin Store Services, laws, rules, or regulations that may be applicable and that you are not relying upon any statement of law or fact made by The Bitcoin Store relating to the legality of selling cryptocurrency. The foregoing disclaimers apply to the maximum extent permitted by law.

5. PRIVACY POLICY

Please refer to our privacy policy for information on how The Bitcoin Store collects, uses, and shares your information.

6. GENERAL SERVICE TERMS

6.1. Dispute Resolution

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The Bitcoin Store reserves the right to resolve issues and disputes at its sole discretion. Users agree to bear the costs arising from the process of dispute resolution.

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6.2. Accuracy of Information

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

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6.3. Compliance with Law; Taxes

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You are responsible for complying with all applicable laws related to your use of the Services, including any and all applicable taxes. The Bitcoin Store is not responsible for determining whether taxes apply to your use of our services.

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6.4. Unacceptable Use or Conduct

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You will not:

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• Violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;
• Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
• Use any robot, spider, crawler, scraper, or other automated means or interface not provided by The Bitcoin Store to access the Services or to extract data;
• Use or attempt to use another user’s account without authorization;
• Introduce any malware, viruses, or other harmful material to the site;
• Develop any third-party applications that interact with our Site without our prior written consent, or unless otherwise agreed;
• Provide false, inaccurate, or misleading information;

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6.5. Service Fees

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The Bitcoin Store charges a service fee on each transaction. Your exact rate, spread and fees are quoted to you before you confirm the transaction and are itemized on your receipt. We do not charge fees that are not disclosed to you before you confirm. Any applicable tax is additional.

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For California residents, total charges on a transaction do not exceed the greater of $5.00 or 15% of the transaction, as required by the California Digital Financial Assets Law. See the California Disclosures and Customer Protections for the full fee disclosure.

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We may adjust our fees from time to time. We will provide at least 14 days’ advance notice before any change to our fees or to the material terms that apply to your transactions.

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6.6. Transaction Errors, Cancellation and Refunds

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Once a digital asset transaction is confirmed on the network it is final and cannot be reversed, recalled or cancelled, and no stop-payment right is available. Before you confirm a transaction you may cancel it at no charge.

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If you believe a transaction was unauthorized, mistaken or accidental, contact us at info@thebitcoinstore.com or (888) 811-2646 as soon as possible and within 60 days of the transaction. We will acknowledge your report within 3 business days and notify you of the outcome within 30 days. Where a transaction has not yet been broadcast, or where we have charged a fee in error, we will refund the amount in question. Because confirmed blockchain transactions are irreversible, recovery may not be possible once a transaction has been sent, including where you have provided an incorrect receiving address.

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To file a complaint, contact us using the methods above. We will acknowledge your complaint within 5 business days and notify you of the resolution within 30 days. California residents may also file a complaint with the California Department of Financial Protection and Innovation as described in the California Disclosures and Customer Protections.

7. ELECTRONIC NOTICES

7.1. Consent to Electronic Delivery

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You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that The Bitcoin Store provides in connection with the Services. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact The Bitcoin Store at info@thebitcoinstore.com.

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7.2. Withdrawal of Consent

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You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to our Support Team by filing a support request at info@thebitcoinstore.com If you decline or withdraw consent to receive electronic Communications, The Bitcoin Store may suspend or terminate your use of the Services.

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7.3. Updating Contact Information

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It is your responsibility to keep your email address and/or mobile phone number on file with The Bitcoin Store up to date so that The Bitcoin Store can communicate with you electronically. If The Bitcoin Store sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, or you are otherwise unable to receive electronic Communications, The Bitcoin Store will be deemed to have provided the Communication to you.

8. PROPRIETARY RIGHTS

8.1. Ownership of Services

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The Services, Site and all technology, content, data and other materials used, displayed or provided or received by you in connection with the Services or Site (“The Bitcoin Store Materials”) together with all intellectual property rights in any of the foregoing are, as between you and The Bitcoin Store, owned by The Bitcoin Store.

These Terms of Service permit you to use the Services for your personal, non-commercial 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 appearing on our Services. You must not access or use for any commercial purposes any part of the Services or any materials available through the Services.

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8.2. Limitations

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You may use the The Bitcoin Store Materials solely as authorized by The Bitcoin Store in connection with your use of the Services for as long as The Bitcoin Store permits you to continue to access the Services. Without limiting the foregoing: you will not (a) modify or create derivative works of the Site, Services or The Bitcoin Store Materials, or any portion thereof, or any data or information received by you in connection therewith; (b) frame, display or incorporate the Site, Services or The Bitcoin Store Materials in any website or any other work of authorship; (c) decompile, disassemble, reverse engineer or attempt to discover the source code of the Site, Services or The Bitcoin Store Materials; or (d) otherwise use the Site, Services or The Bitcoin Store Materials for any commercial or noncommercial purpose other than their intended purposes determined at The Bitcoin Store’ discretion. “The Bitcoin Store”, any product or service names, logos, and other marks used on the Site or The Bitcoin Store Materials, or otherwise in connection with the Services, are trademarks owned by The Bitcoin Store or its licensors. You may not copy, imitate or use them without The Bitcoin Store' prior written consent.

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8.3. Feedback

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The Bitcoin Store will own any feedback, suggestions, ideas, or other information or materials that you provide, whether by email, posting through the Services or otherwise (“Feedback”). You hereby assign to The Bitcoin Store all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.

9. DISCLAIMER OF WARRANTIES

To the maximum extent permitted under applicable law, the site, the services, the The Bitcoin Store materials and any product, service or other item provided by or on behalf of The Bitcoin Store are provided on an “as is” and “as available” basis and The Bitcoin Store expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, The Bitcoin Store does not represent or warrant that the site, the services or The Bitcoin Store materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.

You acknowledge that your user data may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, viruses or other harmful materials, protocol changes by third party providers, internet outages, force majeure event or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.

The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction where you reside.

10. INDEMNIFICATION

You will defend, indemnify, and hold harmless The Bitcoin Store, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any User Content you provide; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, The Bitcoin Store (or, at The Bitcoin Store’ discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether The Bitcoin Store wishes to settle, and if so, on what terms.

11. DISCLAIMER OF DAMAGES

In no event will The Bitcoin Store, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the site, the services, the The Bitcoin Store materials, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of The Bitcoin Store, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of The Bitcoin Store), even if The Bitcoin Store has been advised of the possibility of such damages.

12. LIMITATION OF LIABILITY

In no event will the liability of The Bitcoin Store, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with site, the services, the The Bitcoin Store materials, advertisements found on the site, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of The Bitcoin Store, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of The Bitcoin Store) exceed the amount of the fees paid by you to The Bitcoin Store under this agreement in the twelve-month period immediately preceding the event giving rise to the claim for liability.

13. DISPUTE RESOLUTION; ARBITRATION; WAIVER OF CLASS ACTION

All disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through JAMS arbitration in the State of California.

The arbitration will be administered by JAMS under its rules in effect at the time the demand is filed, including the JAMS Consumer Arbitration Minimum Standards where those apply. Any in-person hearing will take place in the county where you live, or at another location you and The Bitcoin Store agree on.

Nothing in this section prevents either of us from bringing an individual claim in small claims court, or from asking a court for injunctive relief. Nothing in this section limits your right to file a complaint with the California Department of Financial Protection and Innovation or any other regulator, as described in the California Disclosures and Customer Protections.

With respect to disputes subject to arbitration pursuant to this section 13, both you and The Bitcoin Store are giving up the right to litigate (or participate in as a party or class member) those disputes in court before a judge or jury.

14. GOVERNING LAW

The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of the State of California without regard to conflict of law rules or that would cause the application of the laws of any other jurisdiction. You agree that The Bitcoin Store may initiate a proceeding related to the enforcement or validity of The Bitcoin Store’ intellectual property rights in any court having jurisdiction. You waive any objection to the venue in any such courts.

15. MISCELLANEOUS

15.1. Remedies

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If you violate any of these Terms, The Bitcoin Store may, as it determines reasonably necessary to remedy or mitigate your violation, and restrict your use of the Services. The Bitcoin Store shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by The Bitcoin Store pursuant to this paragraph. Any right or remedy of The Bitcoin Store set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.

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15.2. The Bitcoin Store Affiliates and Contractors

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

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15.3. Non Waiver

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The Bitcoin Store's failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

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15.4. Severability

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The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

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15.5. Force Majeure

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The Bitcoin Store will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of The Bitcoin Store, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

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15.6 Assignment

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You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. The Bitcoin Store may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

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15.7. Headings

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Headings of sections are for convenience only and shall not be used to limit or construe such sections.

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15.8. Statute of Limitations

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You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where applicable law provides a longer period that cannot be shortened by agreement, in which case that longer period applies.

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15.9. Entire Agreement

These Terms constitute the entire agreement between you and The Bitcoin Store regarding your use of the Sites, superseding any prior version of these Terms between you and The Bitcoin Store with respect to the Sites. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Your Comments and Concerns

Any questions, feedback, comments, requests for technical support and other communications relating to the Services should be directed to info@thebitcoinstore.com.

California Addendum to the Terms of Service

The Bitcoin Store (COINworKs Inc.)

This Addendum applies to California residents. Where this Addendum or the California Disclosures and Customer Protections  conflict with the Terms of Service, they govern for California residents. All other provisions of the Terms remain in effect.

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California residents are subject to the California Disclosures and Customer Protections, which are incorporated into the Terms by reference and available at coinworks.info and thebitcoinstore.com. Those disclosures cover fees, transaction finality, error resolution, complaint procedures, and your rights under the California Digital Financial Assets Law. Nothing in the Terms waives any right or remedy that cannot be waived under California law.

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