Terms of Sale

Terms & Conditions of Sale

Welcome to the online store (the "Store") provided by Coinmine, Inc. ("Coinmine"). Your purchase of products ("Products") and/or services ("Services") from the Store constitutes your agreement to be bound by these Terms & Conditions of Sale ("Terms & Conditions") and any additional terms we provide, including but not limited to our General Terms of Service and the terms of the Limited Warranty included in-box with any  Product.

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS AND/OR SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.

We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Products from Coinmine, the Terms & Conditions in force at that time will apply between you and Coinmine. If you purchase our Services, we will notify you in the event we make changes to these Terms & Conditions that affect your purchase. If you have any questions regarding these Terms & Conditions, you can contact support@coinmine.com.

The Store is for retail sales to private consumers only. Please contact support@coinmine.com if you wish to purchase wholesale supplies.

Please read these terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please follow the instructions in the Dispute Resolution and Arbitration section below. As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms & Conditions will affect those other legal rights.

Although the Store is accessible worldwide, the Products and Services offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products and Services outside the United States (a "Target Country"), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store and the Products and Services are not designed for use in a non-Target Country and some or all of the features of the Store, Products and Services may not work or be appropriate for use in such a country. To the extent permissible by law, Coinmine accepts no responsibility or liability for any damage or loss caused by your access or use of the Store, Products and Services in a non-Target Country.

1. Compatibility.

You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your home (e.g., ensuring that your electrical system is compatible with the Coinmine One). You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 14-day refund policy described below.

2. Reservations and Pre-Orders.

Products available for reservation and pre-order are not offered for sale by Coinmine. Your placement of a reservation and pre-order does not create a contract for sale.

By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Coinmine to purchase the Product subject to these Terms & Conditions. Coinmine will charge your bank or credit card company or other method of payment.

You may cancel your offer to purchase Products at any time prior to shipment and your full charge will be refunded.

Later, when the Product is offered for sale, Coinmine may accept your offer to purchase Products subject to these Terms & Conditions. At that time, Coinmine will capture payment on the payment card or other method you provided and ship your Product. Coinmine may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.

Coinmine reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.

3. Payment

By providing a credit card or other payment method accepted by Coinmine, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Coinmine account, you can do so at any time by logging into your account and editing your payment information.

4. Availability and Pricing.

All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products and/or Services without prior notice. Prices for the Products and Services are subject to change at any time, but changes will not affect any order for Products you have already placed. In the event we change the pricing for any Service you have purchased, we will give you advance notice of this change in accordance with section 15 (Notifications). After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your Service as set forth in section 4(d) above.

5. Sales Tax.

Depending on the order, Coinmine calculates and charges sales tax in accordance with applicable laws.

6. Resale and Title Transfer.

Purchases made on the Store are intended for end users only, and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by Coinmine to the freight carrier, but Coinmine and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.

7. Shipping and Delivery.

Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Store website from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.

The Products available on the Store have been designed, marketed and sold for use by residents of the United States, AS APPLICABLE. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English (U.S.). The Products available on the Store are not intended for use outside of the United States, AS APPLICABLE. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.

8. Installation.

There may be laws in the jurisdiction that you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. Coinmine is not responsible for any injury or damage caused during installation.

9. Returns for Refund.

If, for any reason, you want to return the Product you purchased from the Store for a refund, you must notify us no later than 14 days following the date of purchase (the "Cancellation Period"). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Coinmine customer support at support@coinmine.com or through the contact us form on our website and clearly stating your desire to return the Product. Although it will not affect your right to a refund, please include details on where and when you purchased the Product and your reason for returning the Product. Coinmine customer service will provide you with a Return Materials Authorization ("RMA") that must be included with your return shipment to Coinmine so Coinmine can identify your shipment and with a return address. If you purchased the Product from somewhere other than the Store, please contact that reseller to obtain a refund.

To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 14 days following the day on which you notify Coinmine customer support that you desire to return your Product. Unless the Product is faulty or not as described, you will be responsible for all costs associated with returning the Product to us (including uninstallation and the cost of shipping the Product back to Coinmine). We will refund the price you paid for the Product plus original delivery cost (up to the value of our Ground delivery option), less the value of any promotional merchandise or discounts you received. We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop).

We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by Coinmine of the returned Product. The Product is not eligible for a refund after the 14-day period.

 

10. Binding Individual Arbitration

You and Coinmine agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST COINMINE. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Los Angeles, California, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. Coinmine will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Coinmine also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Los Angeles, California, or federal court for the Southern District of California.

 

11. Warranties and Disclaimers.

As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an "as-is" basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an "as-is" basis unless otherwise noted in the Limited Warranty included with a Product. With respect to Coinmine Products, you may choose whether to make a claim under these Terms & Conditions or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty for your Coinmine Product, you should contact Coinmine at support@coinmine.com our through the Contact Us section of our website.

You use any Products or Services at your own discretion and risk. You will be solely responsible for (and Coinmine disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Service, including damage or loss to your electrical system, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home. Unless explicitly promising a "guarantee," Coinmine does not guarantee or promise any specific level of energy usage or monetary benefit from the use of a Product and/or Services or any feature of them. Actual energy usage and monetary benefits vary with factors beyond Coinmine’s control or knowledge.

12. Limitation of Liability.

Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) COINMINE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR SERVICES, EVEN IF COINMINE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) COINMINE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO COINMINE OR COINMINE’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. COINMINE DISCLAIMS ALL LIABILITY OF ANY KIND OF COINMINE’S LICENSORS AND SUPPLIERS.

13. Data Protection.

By placing an order for Products and/or Services, you agree and understand that Coinmine may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. Coinmine may also share such data globally with its subsidiaries. Coinmine will protect your information in accordance with our Privacy Policy. Coinmine works with other companies that help Coinmine provide Products to you, such as freight carriers and credit card processing companies, and Coinmine may have to share certain information with these companies for this purpose.

14. Electronic Communications.

You are communicating with Coinmine electronically when you use the Store or send email to Coinmine. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about Coinmine’s products and services unless you opt-out of such emails using the opt-out link in the emails.

15. Notifications.

Coinmine may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Coinmine account, hard copy, or posting of such notice on the Coinmine website. Coinmine is not responsible for any automatic filtering you or your network provider may apply to email notifications. Coinmine recommends that you add @coinmine.com URLs to your email address book to help ensure you receive email notifications from Coinmine.

16. Force Majeure.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

17. Protection of Confidentiality and Intellectual Property Rights.

Notwithstanding the foregoing, Coinmine may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

18. Severability.

If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.

19. Survivability.

The obligations in Sections 10, 11, 12, and 13 through 21 will survive any expiration or termination of these Terms.

20. Waiver.

Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.

21. Governing Law and Jurisdiction.

These Terms & Conditions are governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Los Angeles County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.