suchmoon (OP)
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Activity: 3836
Merit: 9059
https://bpip.org
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August 31, 2014, 05:25:36 AM |
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I'm posting Zenminer and GAW T&Cs here as a "historic" reference. They are known to change them without notice and not to the customers' benefit so I'll try to keep at least some kind of a history. Zenminer https://zenminer.com/cloud/terms.htmlTerms of Service
In using this website you are deemed to have read, understood, and agreed to the following terms and conditions. You must read these terms and conditions and acknowledge that you have read and understood them before clicking on the Accept button:
1. Introduction. We provide Users with, among other things, the Services (defined below) directly and through the website and associated domains of http://www.gawminers.com and/or http:// www.zenminer.com (“Site”). This Terms of Service Agreement (“Agreement”) is an agreement between you (“User”) and us (“Company”). This Agreement is the entire Agreement between us. For good and valuable consideration, including the receipt of Services from the Company, use of Services and use of the Site, you are agreeing to comply with these terms, our Privacy Policy and any other legal notices, conditions, or guidelines posted on the Site.
2. Terminology. The following terminology applies to this Agreement: “Company,” “We,” and "Us" refers to GAW Miners LLC, a Delaware limited liability company having an address at 34 E. Dudley Town Rd., Bloomfield, CT 06002. “Hashlet” means digital, virtual mining, which may take place on a cloud-based network. “Materials” refers to, among other things, hardware, software, Hashlets, communications, networks, platforms, servers, informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, with the exception of User Property, whether publicly or privately maintained, as well as all derivative works thereof. “Party” or “Parties” refers to either or both the User and the Company. Any use of the above terminology or other words in the singular, plural, or capitalized, and/or he, she or they, are taken as interchangeable and therefore as referring to same. “Payout” means calculated earnings based on associated and/or selected Pools. “Portal” means a web-based interface for users to control Hashlets, control settings and other configurations, and request Payouts. “Pool” means a currency mining pool. “Services” refers to, among other things, hardware, software, and hosting services for mining operations, including activities involving mining for, and other transactions related to, Bitcoins and other currency. We also provide Users with access to certain Information to assist Users in these activities. Such information is included in “Services.” "User", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “User Property” includes any hardware that User has purchased from Company or a third party, and has paid for in full.
3. Purchase of Materials and Use of Services You may purchase Materials from Company. Company may also provide Services, such as hosting services, to You. You acknowledge and agree that while you are using Company’s Services, Company is free to provide the Materials and Services virtually. During the provision of these virtual Services, Company is under no obligation to provide, acquire, or possess Materials dedicated to You by virtue of Your purchase of such Materials. Rather, Company, in its sole judgment and discretion, shall determine when to acquire Materials (such as hardware) corresponding to Your purchase. If you are purchasing, or have purchased, Hashlets, you understand and agree that Hashlets are not physical devices and cannot be shipped.
If you have purchased legacy materials, such as hardware, and if you terminate the Agreement, or if you make a written request to Company, then Company will provide you with your purchased Materials according to the following procedure. Within 21 days of termination or Company’s receipt of Your written request, Company will either possess, or will initiate steps to acquire, the Materials you purchased. Initiating acquisition of such Materials may include, for example, ordering such Materials from a third party supplier. You understand that Company has no direct control over the fulfillment process of any such third parties and therefore makes no guarantees as to the time it will take to acquire the Materials. Once Company either possesses such Materials, or acquires such Materials from such third parties, then, within 21 days, Company will initiate shipment of such Materials to You. Company makes no guarantees or representations regarding the timing or method of shipment of such Materials. You understand that Hashlets are virtual service units related to mining services, but are not mining hardware. Hashlets earnings depend on the pool chosen and Payouts reflect respective Pool Payouts. Selecting a Pool does not imply physically or electronically mining at the selected Pool. Rather, selecting a Pool determines a Payout corresponding to a calculation based on the selected Pool’s payout (based on, for example, real-time Megahash/second/day calculations). A Hashlet is virtual software. You will receive Payouts according to the Pool with with the Hashlet is associated. You expressly understand the the Company’s sole obligation to You is to Provide a Payout based on the Pool you choose. It may take 24-48 hours for your Hashlet to appear on Your Portal. Company reserves the right to refund You, and terminate services, at any time and for any reason. All sales are final. Pricing of Materials and Services is subject to change, at Company’s sole discretion, at any time, including after you have purchased Materials and/or Services (including Hashlets). Adding an item (such as a Hashelt) to a “cart” does not “lock in” a price. Maintenance fees may be adjusted up or down by the Company at any time and for any reason. Your Portal may not always be available.
Company may offer Pool-specific Hashlets. With Pool-specific Hashlets, Payouts are based on the specific Pool for which the Hashlet was purchased and Payouts are not based on any other pools. Company may also offer trading services. With such trading services, Hashlets may be traded. Company reserves the right to charge a fee for any such trading activities, which Company will determine in its sole discretion. Company can cancel trades at any time and for any reason. Company can also reverse trades at any time and for any reason. The actual selling or trading price for an item being traded may change prior to the trade taking effect and/or prior to the item being sold.
4. Ownership of Materials, Information and Services. All Materials and Services available on the Site or otherwise provided by or through Company, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners, are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. This Agreement shall not be deemed to transfer any ownership, right, title, and/or interest in or to such Materials or Services.
5. Trademarks. All Company trademarks and service marks, logos, slogans and taglines are the property of Company. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site without our express written permission, or the express written permission of such third- party that may own the trademark, service mark, logo, slogan or tagline.
6. Rights to Use Materials. Subject to this Agreement, Company hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials and Services. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or Services, or otherwise distribute in any way the Materials or Services other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials or Services, create derivative works based on or in any manner commercially exploit the Materials Services, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials or Services for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to provide your user information to others.
7. Comments and Feedback. Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, in our sole discretion.
8. Rules. You agree to the following:
a. You hereby certify that you are at least 18 years of age.
b. You will ensure any user information or account information you provide is valid and accurate
at all times and will keep any such information updated.
c. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
d. You will not use the Services or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
e. You will not use the Services or Materials to impersonate another person.
f. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Company without our express written permission.
g. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
h. You may not upload, post, email, transmit or otherwise make available or initiate any software, content, or other material that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of Company to provide the Services or any other users to access and use the Services.
i. You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
j. You will not share your user or account information, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces, hardware, and software, provided by Company.
k. You will not attempt to or actually override any security component included in or underlying the Materials or Services.
l. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Company’s infrastructure.
o. You will not engage in any activity, using the Materials or Services, that would by any reasonable standards be considered pornographic, sexually explicit, violent, illegal, reasonably likely to cause harm, slanderous or libelous, or reasonably likely to breach another’s privacy.
p. Company may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If Company reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
9. Fees. If you purchase any Services that we offer for a fee, you agree to Company, or our third party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) periodic fees for any applicable Services billed on a periodic basis, (ii) any other fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected fees. Only Services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of Company to provide free support for you in the use and operation of the Materials and Services.
10. Taxes. You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the receipt of currency or profits otherwise realized from transactions involving the Services. Company shall not be liable for any taxes or other fees to be paid in accordance with or related to the Services. It is your responsibility to determine whether or not taxes apply to a transaction and to collect, report, and remit the correct amounts to the appropriate authority.
11. Termination and Modifications. a. Services may be terminated by us, without cause, at any time. b. Services may be terminated by you, without cause, after the end of the applicable service period for which you are enrolled, and only after you have paid any of your account balances and any other amounts owed by you to Company. c. Company may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. d. Notice of termination of Services by Company may be sent to the contact e-mail associated with your account or by any other means reasonably calculated to reach you. Upon termination, Company has the right to delete all data, files, or other information that is stored in your account. e. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for any or all of our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. f. We may modify, suspend, or discontinue any payments, fee structures, tariffs or any other financial structures relating to the Materials and/or Services at any time and in our sole discretion. These changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. g. All sales of Materials or Services are final. No returns for refund are permitted.
12. DISCLAIMERS. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL INFORMATION YOU PROVIDE IN ORDER TO ACCESS THE SERVICES. COMPANY WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU FURTHER UNDERSTAND THAT COMPANY MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.
THE SITE, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE, THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES COMPANY OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE MATERIALS OR THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK. IN ADDITION, COMPANY IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR, THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
FURTHER, COMPANY AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER COMPANY NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, SERVICES, OR MATERIALS, OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SPECIFICALLY MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES REGARDING YOUR PERFORMANCE, SUCCESS OR PROFITABILITY IN CONDUCTING MINING OPERATIONS USING COMPANY’S MATERIALS OR SERVICES.
COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY OR DAMAGES FOR FAILURE OR INOPERABILITY OF COMPANY’S INFRASTRUCTURE, INCLUDING COMPANY’S HARDWARE (e.g., SERVERS) OR SOFTWARE. YOU UNDERSTAND THAT COMMUNICATION NETWORKS AND THEIR COMPONENTS FAIL FROM TIME TO TIME AND THAT PERIODS OF DOWNTIME MAY RESULT. YOU AGREE THAT COMPANY IS NOT LIABLE TO YOU IN ANY FASHION FOR SUCH PERIODS OF DOWNTIME.
IN THE EVENT YOU RESELL OR OTHERWISE TRANSFER ANY MATERIALS OR SERVICES TO A THIRD PARTY, COMPANY OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE ARE TERMINATED AND COMPANY ASSUMES NO OBLIGATIONS OR LIABILITY IN CONNECTION WITH SUCH TRANSFERRED MATERIALS OR SERVICES. COMPANY HAS NO OBLIGATIONS WHATSOEVER TO ANY INDIRECT PURCHASERS OR ACQUIRERS OF MATERIALS AND/OR SERVICES.
THIS AGREEMENT APPLIES SOLELY TO THE SITE, AND THE MATERIALS AND SERVICES. AS PART OF THE SERVICES PROVIDED TO USERS, WE MAY EMPLOY SERVICES PROVIDED BY THIRD PARTIES (“THIRD PARTY SERVICES”). THIRD PARTY SERVICES ARE NOT UNDER THE MANAGEMENT AND CONTROL OF COMPANY. COMPANY IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SERVICES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD IN CONNECTION THEREWITH. YOUR ACCESS OR USE OF ANY THIRD PARTY SERVICES IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SERVICES. NO USE OF THIRD PARTY SERVICES BY COMPANY SHALL BE DEEMED TO IMPLY AN ENDORSEMENT THEREOF BY COMPANY.
13. LIMITATION OF LIABILITY. COMPANY IS NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES, OR THE MATERIALS, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE COMPANY AND HOLD COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, MATERIALS, OR SITE. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
14. EXCLUSIVE REMEDY. IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, OR THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES, AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, OR THE MATERIALS INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, OR THE MATERIALS. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
15. Indemnification. You agree to indemnify, hold harmless, and defend Company and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use (or anyone using your account’s) use of the Services, the Site, or the Materials. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
16. Amendments. We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Site and/or communicate directly to you, that we have changed this Agreement. If you have an account, we may (but are not required to) provide you with notice via the email address or other contact information we have on file for you that we have changed this Agreement. You and we both understand that sometimes there are issues with email communication. We are not responsible if any email notice gets caught by your SPAM filter and you do not see it, if you have given us the wrong email address (or failed to update your address) or if there are other communications issues that prevent email from reaching you. Therefore, we encourage you to frequently visit the Site periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.
17. Disputes. The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Texas without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Texas, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. If you are a non-U.S. resident or non-U.S. citizen, then you expressly agree to submit to the jurisdiction of the Texas courts and U.S. laws, and you further agree to be bound by the decisions of such courts, or any other applicable U.S. authority appropriately rendering judgment in connection with this Agreement. You further acknowledge and agree that this Agreement is an Agreement formed and performed under the laws of the United States and controlled by the laws of the United States.
18. Maximum Liability and Liquidated Damages. In the event that Company is found liable to You in connection with any cause of action, including, without limitation, breach of this Agreement, You acknowledge and agree that the maximum damages to which You are entitled is the amount of the purchase of Materials and/or Services that You have made. You further agree that before Company is obligated to pay any liquidated damages to You, You must first return any Materials You have purchased and terminate any Services Company is providing to You.
19. Privacy. We will use reasonable efforts to maintain as confidential any information you provide that will identify you individually (“Direct Personal Information”), including your name, address, and personal financial account information. However, You acknowledge that certain information, statements, and data which you provide are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge and agree that your submission of such information is voluntary on your part. You also acknowledge that such information other than Direct Personal Information, such as account usage, transactional data, user names, pools and sites accessed, etc. is owned by Us. Company may use any such information as it pleases, including, without limitation, posting such information publicly. Further, you acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide, including Direct Personal Information, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion.
20. Compliance with Laws and Regulations. To the maximum extent permitted, You assume all responsibility for compliance with any and all laws, codes, regulations, and so forth in any and all jurisdictions throughout the world. Company makes no representations that Your use of Company’s Materials and Services is in compliance with such laws, codes, and regulations. You likewise assume responsibility, to the maximum extent permitted, for any civil or criminal actions resulting from your purchase or use of Materials or Services. This specifically includes, without limitation, liability for infringement of the intellectual property rights of others arising out of your purchase, possession, or use of Materials or Services.
21. Miscellaneous. a. You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to Company as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Company shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Company in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction. IN NO EVENT SHALL YOU BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF COMPANY, THE EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR THE EXPLOITATION OF THE SITE OR ANY CONTENT USED OR DISPLAYED THROUGH THE SITE.
b. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
c. If we fail to enforce any of this Agreement, it will not be considered a waiver.
d. Any amendment to or waiver of this Agreement must be made in writing and authorized by us.
e. You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
f. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. g. This Agreement does not confer any third party beneficiary rights.
h. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. GAW http://gawminers.com/pages/terms-conditionsTERMS & CONDITIONS
Same-day shipping is eligible for orders placed before 4 pm Eastern time! Orders placed after 4pm will ship the next business day.
There are no returns for hosted products. All sales for ZenCloud enabled products are final. GAW Miners will not issue refunds due to the nature and purpose of the ZenCloud enabled products.
24-HOUR ACTIVATION GUARANTEE PROMOTION DETAILS
You will receive an activation code within 24 hours of your order which you will need to use to create your account by visiting https://cloud.zenminer.com. If you have not received your activation code within 24 hours, you may file a claim at https://gawminers.freshdesk.com/helpdesk to receive your activation code and a receive full refund for the ZenCloud miner(s) purchased from the gawminers.com website you are filing the claim for. If we have sent out your activation code within the 24-hour period from the time of your order and you have not redeemed it by creating an account on https://cloud.zenminer.com, you are not eligible for the promotional refund. The promotion is only valid for customers who have not been sent an activation code within the 24-hour period.
The Hashlet product(s) does not qualify for the 24-hour activation guarantee promotion.
Your claim will be denied in the event that ZenMiner has sent an activation code but you were not able to receive it or retreive it within the 24-hour period for reasons including, but not limited to:
Spam Filters
Incorrect Email Address
Blocked by ISP (Internet Service Provider)
Inaccessbility to your email
Due to our order fraud prevention system, Riskified, if your order is flagged as potentially fraud, your order may be delayed beyond the 24-hour window which will allow GAW Miners to investigate your order.
GAW Miners reserves the right to cancel any orders within the 24-hour period from the time of the order. If GAW Miners decides to cancel your order within the 24-hour period, the promotional 24-hour activation guarantee is void.
After you have filed a claim for a full refund of the ZenCloud miner(s) you purchased, if we find your claim to be valid, you will receive a refund back to the original payment method(s) and will receive an activation code to enable the miner(s) you filed a claim for. If we find your claim to be invalid, we will send you an email providing the reason for the denial of your claim and, if deemed necessary, timestamps of the sent activation code and any other necessary supporting documents.
ZENCLOUD POOL PAYOUTS
The ZenCloud mines several different pools with a vast amount of hardware in large logical blocks. You will will be paid at your chosen pool's payout guaranteed by GAW Miners regardless of pool uptime. Your individual hashing power may or may not actually be switched to this pool as we use bulk hash power on each pool.
REQUESTING YOUR ZENCLOUD MINER TO BE SHIPPED TO YOU
You may request your ZenCloud miner to be shipped to you after at least 30 days from the activation date. Once requested, GAW Miners will de-provision your hosted account and will ship your miner to the address specified within a 14-day period. Please note that GAW Miners Hashlets cannot be shipped because of their datacenter-optimized nature as Digital Cloud Miners.
ALL SHIPPED, NON-HOSTED , GAW HOSTED & ZENCLOUD HOSTED ORDERS
All sales are final. GAW Miners does not accept returns and will not issue a refund if item is returned. Any products that are not functioning correctly due to manufacturer defects will be replaced after an RMA is issued and the item is sent back to GAW Miners, inspected and approved. Please refer to the - Replacements and Returns Due to Manufacturer Defects - section below for full instructions on how to begin the RMA process.
REPLACEMENTS AND RETURNS DUE TO MANUFACTURER DEFECTS
Only miners malfunctioning due to a factory defect are eligible for replacement or refund through an RMA process. Please contact GAW Miners Customer Service by web at http://gawminers.com/pages/returns-rmas to fill out an RMA form. Once approved, GAW Miners will provide a pre-paid shipping label for orders shipped within the US.
GAW Miners customers using a third party service are responsible for any duties, taxes and shipping costs that may occur. GAW Miners is not liable for any damages from any third party shipping services.
REFUND TO ORIGINAL PAYMENT METHOD
Refunds will be made back to your original payment method. All payments in Bitcoin (BTC) or other cryptocurrencies will be made back to your account equal to the U.S. Dollar (USD) amount paid at the time of sale regardless of the BTC exchange rate.
USE OF PRODUCTS - LIABILITY WAIVER
As always, profitability is never guaranteed and buyer assumes all risks pertaining fire, damage to other property, and/or any other form of equipment malfunction. GAW Miners will not be held responsible for any damages.
INTERNATIONAL RETURNS
Please complete a return form provided by our RMA department (email support@gawminers.com to request it). After a GAW Miners representative approves your RMA request, please return the package via your choice of international carrier. Refer to our section on Returns for our full return policy.
Send your item via traceable method to the following address:
GAW Miners Returns
34 E Dudley Town Road
Bloomfield, CT 06002
USA
Exchanges are not offered with international shipments.
DUTIES & TAXES REFUND
If you are returning a purchase you may be eligible for a refund of a portion or all of the duty and taxes. Contact your local customs office for a return of duties and taxes.
GAW MINERS ITEMS PURCHASED AT OTHER LOCATIONS
Items purchased at department stores or at any other store selling GAW Miners merchandise cannot be returned to gawminers.com. |
