CaptainCanary LLC

CaptainCanary LLC, DBA CaptainCanaryLLC on the AgoraDesk.com and https://localmonero.co/ marketplaces. We do not do business under any other names or on any other marketplaces.

It is important to us that our customers have the best possible time while purchasing products or services from us, and that you are fully aware of your respective legal rights and obligations in that regard. For that reason, we have created these Terms of Service as the legally binding terms to govern your use of this site and all services or products provided by CaptainCanary LLC. Please read these Terms of Service carefully before using the site because they affect your legal rights and obligations. These Terms of Service ("agreement" or "Terms") is a legal agreement covering the provision of CaptainCanary LLC (DBA CaptainCanaryLLC) services or products ("service" “products” or "services or products") ( or "CaptainCanary LLC" or "us" or "our" or "we" or “CaptainCanaryLLC” or “the Company”) to you as an individual ("you" or "your"). Your use of the services or products will be governed by this agreement, along with the CaptainCanary LLC privacy policy. Please read this agreement carefully before using CaptainCanary LLC. By using the services or purchasing products, you agree to become bound by the terms and conditions of this agreement.

CaptainCanary LLC is a company that sells digital products for digital delivery to its customers, and provides consulting services in support of digital product sales and delivery. We strive to provide reliable, fast service and communication with our customers.

Nothing on our website is intended to constitute legal or financial advice. The information on our website, and the posting and viewing of any information on our website, should not be construed as, and should not be relied upon for, legal, financial or taxation advice in any circumstance.

1. Your Acceptance of Terms

If you do not agree with any of these Terms of Service please do not use this site or purchase any products from CaptainCanary LLC, as by doing so you will be deemed to have irrevocably agreed to these terms. Please note that these Terms of Service may be revised and reissued without notice at any time. You should visit this page regularly to review the current Terms of Service, since your continued use of the site and purchase of services or products from CaptainCanary LLC will be deemed as irrevocable acceptance of any revisions.

2. Allowed jurisdictions & Compliance with laws

Services or products provided by CaptainCanary LLC, or your own usage of these services or products might not be legally allowed in certain jurisdictions. By accepting these terms of service you confirm that you are not a resident of such a jurisdiction. Although our website and marketplaces we sell on may be accessed outside of the United States of America, we make no representation that the services or products comply with the laws of any other country. If you use the services or products from outside of the United States of America, you are solely responsible for ensuring compliance with your local laws. You warrant that you will use the website, services or products in compliance with all applicable federal and state laws and regulations governing the jurisdiction you are located in and the laws of the United States of America.

3. Other taxes

By being a customer of CaptainCanary LLC, you are responsible for determining what taxes apply to any transactions you conduct with CaptainCanary LLC. You must pay for all taxes applicable to all transactions in which you participate. You indemnify CaptainCanary LLC for any claim, loss or damage arising from your failure to pay applicable taxes.

4. DBA (and Products Sold and Purchased Through 3rd Party Marketplaces)

CaptainCanary LLC operates on 3rd party marketplaces (namely AgoraDesk.com and https://localmonero.co/) solely under the account name CaptainCanaryLLC. This (CaptainCanaryLLC) is the only DBA used by CaptainCanary LLC. Any products sold by CaptainCanary LLC/CaptainCanaryLLC through 3rd-party marketplaces are protected by an arbitration bond, and abide by the Terms of Service of those respective marketplaces.

5. Official Ways to Contact Us

Official ways to contact CaptainCanary LLC and any of its representatives can be found at captaincanaryllc.com. Any parties contacting us outside of the official means listed on captaincanaryllc.com are responsible for verifying they are actually communicating with an agent of CaptainCanary LLC. CaptainCanary LLC will not be held liable for the actions of any parties who may be impersonating members or agents of the company, and are thereby acting without the knowledge or agreement of the company and any of its members. CaptainCanary LLC does not sell software or game products.

This site is owned and operated by CaptainCanary LLC. You can contact us at any time. Please send us any questions, requests or general correspondence by contacting our support.

6. Online Privacy Notice

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site.

7. Salesmarks and Copyrights

This site and all materials created by CaptainCanary LLC are protected by copyrights, or other proprietary copyrights. Some of the logos or other images incorporated on this site are also protected.

8. Your Use of Material

Your right to make use of this site and any material or other content appearing on it is subject to your compliance with these Terms of Service. Modification or use of the material or any other content on this site for any purpose not permitted by these Terms of Service may be a violation of the Copyright and is prohibited. You may access and display material and all other content displayed on this site for non-commercial, personal, or entertainment purposes. The material and all other content on this site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by CaptainCanary LLC

9. Disclaimer of Warranties/Liability

Your use of this site and all other sites the Company does business on at your own risk. CaptainCanary LLC is an online retail and consulting business, and, to the maximum extent permissible by law, is not responsible for any actions of its customers including, without limitation, representations by any customers regarding funds (cryptocurrency or currency) having been transferred or any ownership of cryptocurrency or funds. CaptainCanary LLC and all the materials, information, software, facilities, services or products and other content are provided 'As Is' and 'As Available' without warranties of any kind, either expressed or implied. CaptainCanary LLC does not warrant that the services or products will be available, uninterrupted or error-free, that defects will be corrected, or that CaptainCanary LLC and all other sites the Company does business on will be available and free of viruses or other harmful components. CaptainCanary LLC does not warrant or make any representation.

10. Resolution of Disputes

Any dispute, claim, controversy or action arising out of or related to (a) the Terms of Service or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your account(s), the operations and services or products of the Site, or (c) your access to or use of the services or products at any time, shall be subject to the exclusive jurisdiction of the courts of the United States of America. For the avoidance of doubt, and without limiting the generality of the foregoing, this provision expressly applies to any claim, whether in tort, contract or otherwise, against CaptainCanary LLC. You irrevocably and unconditionally agree and consent to the jurisdiction and venue of the courts of the United States of America, and you waive any objections thereto, including under the doctrine of forum non conveniens or other similar doctrines. You and CaptainCanary LLC agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one CaptainCanary LLC user cannot and may not affect any other CaptainCanary LLC customers.
JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING OF ANY KIND WHATSOVER ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ANY BREACH THEREOF, ANY USE OR ATTEMPTED USE OF THE SITE OR THE SERVICE BY YOU, AND/OR ANY OTHER MATTER INVOLVING THE PARTIES.

11. No Investment Advice

The Company does not give investment or financial advice of any kind. Any exact amounts, figures, percentages, etc. mentioned during sales discussions are best guesses made in good faith to be as accurate as possible, but are not guaranteed until the transaction is complete. Any opinions expressed by the Company and its representatives about the speed, amount, fees or other specific details of transactions are best estimates made in good faith and are not guarantees.

12. Failure of 3rd-party Vendors

In the event that a 3rd-party vendor closes or otherwise disables one of our bank accounts, digital wallets, or other financial/fintech account against our wishes, the Company will not be held responsible or liable for any losses this disabling causes to customers or others. However, we will do our best to resolve and recover any funds, up to and including pursuing legal action against any company or person who attempts to hold funds that rightfully belong to the Company or our customers in the context of a sale.

13. Service Performance

Any market data provided by CaptainCanary LLC is given as it is, with all its faults and potential technical difficulties. CaptainCanary LLC makes no representations nor warranties related to this data. We will do our best to notify you about any inaccuracies, but deny any liability deriving from badly placed sales entries (including sales entered into at inaccurate market price), market or price movements that may arise when such external services or products are unreachable or unreliable resulting in misleading information. By using our services or products, you agree that all sales are final and irreversible, including decisions that may have occurred as a result of incorrect data displayed by us or third party providers that we interact with. By using our service, you have to notify us in the event that you know of any of the services or products malfunctioning or a trading or other error occurring.

14. Indemnification

You agree to indemnify CaptainCanary LLC as well as its contractors, its licensors and respective directors, officers, agents and employees from and against any kind of claims and expenses, including attorney’s fees, arising out of your using of our services or products, including but not limited to:

breach by you of these Terms;
unauthorized use of any of any of your accounts;
act or omission (including any negligence, unlawful conduct, wilful misconduct or fraud) by you in relation to your use of CaptainCanary LLC's services or products or products;
third party claim against us in relation to your use of CaptainCanary LLC's services or products;
any action taken by CaptainCanary LLC at your request in respect of your account, sales or dispute;
any inaction or delay on your part in respect of any dispute, including any failure by you to respond to a request for information by us within the time required by us;
any failure by you to comply with any reasonable recommendation made by CaptainCanary LLC;
infringement of intellectual property rights by you; and
any actions or inactions of third party service providers.

15. Absence of waiver

Any failure or delay by CaptainCanary LLC to enforce any of the Terms of Service or exercise any right under the Terms of Service will not be deemed to a waiver to any extent of CaptainCanary LLC rights.

16. Severability

If any of Terms and Conditions aforementioned in these Terms of Service is found to be invalid and/or unenforceable under any applicable law, it shall not render these Terms unenforceable and/or invalid as a whole, and such provisions shall be deleted without any effect on remaining provisions whatsoever.

17. Survival

If any of provisions aforementioned in these Terms of Service are to be found void, invalid, unenforceable or illegal by a court of law, validity and enforceability of other provisions shall not be affected in any way. If any provisions are to be declared unenforceable, you agree to an amendment made by CaptainCanary LLC to provide for the enforcement of those provisions to the fullest extent permitted by applicable law.

18. Entire Agreement

These Terms of Service, any legal notices and disclaimers issued on this website, constitute an entire agreement between you and CaptainCanary LLC in relation to your use of our service and products, and overrule any prior agreements and understandings with respect to the usage of its website and services or products.

19. Limitation of Liability

CaptainCanary LLC does not accept any liability for any loss or damage, direct or indirect, resulting from any use of, or inability to use, CaptainCanary LLC or the material, information, software, facilities, services or products or other content on CaptainCanary LLC or any other sites the Company does business on, regardless of the basis upon which liability is claimed and even if CaptainCanary LLC has been advised of the possibility of such loss or damage. Without limitation, you (and not CaptainCanary LLC) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. Except in the case of gross negligence or fraud in resolving a dispute, and to the fullest extent permitted by law, CaptainCanary LLC is not liable for any breach of these Service Terms, or any act or omission (including any negligent act or omission) of CaptainCanary LLC in connection with these Terms or any services or products supplied by CaptainCanary LLC. Under no circumstances, including in cases of gross negligence or fraud, are we liable to you for any consequential loss suffered by you (including any loss of profit).

20. Emails and Personal Messages

CaptainCanary LLC is always interested in hearing from you.

The materials, information and opinions included and/or expressed in or on the messages, feedbacks, advertisements or other pages are not necessarily those of CaptainCanary LLC or it's affiliated or related entities or content providers.

Please act responsibly when using this site and when communicating with us. You may only use this site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material to us. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by CaptainCanary LLC) or privately transmitted to or through this site are the sole responsibility of the sender, not CaptainCanary LLC, and that you are responsible for all material you upload, send or otherwise transmit to or through this site. We at CaptainCanary LLC require that you do not send emails or submit to or publish or otherwise make available any content, or act in a way, which in our opinion: 1. libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening or offensive; 2. seeks to exploit or harm children, asking for personally identifiable details or otherwise; 3. infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or salesmarks or their rights of publicity; 4. violates any law or may be considered to violate any law; 5. you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); 6. advocates or promotes illegal activity; 7. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; 8. advertises any commercial endeavor (e.g., offering for sale products or services or products) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services or products) except as specifically authorized on this Site; 9. solicits funds, advertisers or sponsors; 10. includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; 11. disrupts the normal flow of dialogue, causes a screen to scroll faster than other customers are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site; 12. copies any other pages or images on this site except with appropriate authority; 13. includes MP3 format files; 14. amounts to a 'pyramid' or similar scheme; 15. amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us; 16. disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this Site; or contains links to other sites that contain the kind of content, which falls within the descriptions above. In addition, you are prohibited from removing any sponsorship banners or other material inserted by CaptainCanary LLC anywhere on this Site (e.g., on any web space made available for your use).

21. System Abuse

Without limitation, you agree not to perform any activity which may adversely affect the operation or enjoyment of this site, and services or products provided by the Company, by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site, except with express written permission of an authorized representative of the Company.

22. Security

You are prohibited from using any services or products or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, CaptainCanary LLC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

23. Investigations

CaptainCanary LLC reserves the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. CaptainCanary LLC may seek to gather information from the user who is suspected of violating these Terms of Service, and from any other user. CaptainCanary LLC may suspend any customers whose conduct is under investigation and may remove such material from its storage as it deems appropriate and without notice. If CaptainCanary LLC believes, in its sole discretion, that a violation of these Terms of Service has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn customers, suspend customers, or take other corrective action it deems appropriate. CaptainCanary LLC will fully cooperate with any law enforcement authorities or court order requesting or directing CaptainCanary LLC to disclose the identity of anyone sending any emails, or publishing or otherwise making available any materials that are believed to violate these Terms of Service.

24. Service

CaptainCanary LLC reserves the right to modify or discontinue, temporarily or permanently, all or any part of this site and/or any software, facilities and services or products on this site or offered by the Company, with or without notice, and/or to establish general guidelines and limitations on their use.

25. Third-Party Sites

This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of CaptainCanary LLC, and you acknowledge that (whether or not such sites are affiliated in any way with CaptainCanary LLC) CaptainCanary LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by CaptainCanary LLC or any association with its operators. CaptainCanary LLC cannot ensure that you will be satisfied with any products or services or products that you purchase from any third-party site that links to or from CaptainCanary LLC since other sites/stores are owned and operated by independent web masters/retailers.

26. Jurisdictional Issues

Customers of CaptainCanary LLC are themselves responsible for making sure they are in compliance with legislation of the jurisdiction they operate in.

Privacy policy

CaptainCanary LLC is committed to protecting the privacy of its visitors. The policy statement provides our visitors with an overview of the measures we have taken to show our commitment to this policy.

Personal Information

We collect personal data that you volunteer on forms which you submit to us and in emails that you send to us. In addition we automatically gather details of browser types and IP addresses of the customers who visit our site. We do not release this information to any outside party, except in suspected fraud cases. When fraudulent activity is suspected, we may release the customer's details to the party alleging fraud or to other appropriate marketplace staff. This is done only if there is strong evidence of fraud.

Correct/Update

You may request that we amend any personal data that we are holding about you which is factually inaccurate. You can contact our customer support stating your wishes.

Links

This web site contains links to other sites. CaptainCanary LLC is not responsible for the privacy practices of such other sites. This privacy statement applies solely to information collected by this web site.

Online Payment methods

CaptainCanary LLC is not associated with any of the salesmarks which might appear visible in the Online Payment method lists. Payment method listings are visible on captaincanaryllc.com and online marketplaces for informative purposes only. salesmarks which might appear visible on captaincanaryllc.com website, belong to the respective salesmark owners alone.

Payment method information and statuses are kept as up-to-date as possible. Please see captaincanaryllc.com for the most up-to-date payment method statuses.

The Company is not responsible or liable for any 3rd-party payment service becoming unavailable.

Data retention policy

We retain any information you provide to us as long as it is necessary and relevant for our operations, and data is deleted when deemed appropriate.

LAW ENFORCEMENT INQUIRIES AND SERVICE OF SUBPOENAS

If you seek information from CaptainCanary LLC:

CaptainCanary LLC will comply with any duly issued subpoena served on us through the proper legal channels. If you are issuing your subpoena from a foreign jurisdiction, this may require you to obtain Letters Rogatory and subsequent approval from our local jurisdiction before service can be made. We do not consent to service of a subpoena by any other method. We will consider whether to respond to all other law enforcement inquiries on a case-by-case basis, and any such response is voluntary and made in our sole discretion. Kindly send any such request to legal@captaincanaryllc.com. By sending an inquiry to legal@captaincanaryllc.com, you expressly consent and agree that any and all such communications become the sole property of CaptainCanary LLC and that CaptainCanary LLC shall have the right, in its sole discretion, to publish or disseminate any such communications, regardless of the content of the communications.

CaptainCanary LLC is legally represented by Hart David Carson.

Disclaimer

The information and data supplied in response to requests will be collected and provided to the fullest and most accurate possible extent. However, nothing in such information and data can be ensured to contain no errors, mistakes, misrepresentations or failures etc. Such errors, mistakes, misrepresentations or failures etc. can be the result of human agency, program or process imperfections. THEREFORE, NEITHER CAPTAINCANARY LLC NOR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OUTSOURCED ADVISORS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER WITH RESPECT TO THE INFORMATION AND DATA AND, IN PARTICULAR, AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION AND DATA.

Nothing in this section shall be deemed or construed as non-willingness to provide the requested information and data.

Contacting The Web Site

If you have any questions about this Privacy statement, the practices, or your dealing with this web site, please contact us and your enquiry will be dealt with as soon as possible.