Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
COIN MINER, LLC
Last Updated: November 1, 2017
1.Entire Agreement. These Terms and Conditions shall constitute the entire agreement (these “Terms and Conditions”) of Coin Miner, LLC, an Ohio limited liability company, and/or its subsidiaries, affiliates, or assigns (“Coin Miner,” “we,” “us,” “our,” etc.) and any customer purchasing any good or service from Coin Miner (each a “Buyer,” “you,” “your,” etc.) on or through the Site (defined below). These Terms and Conditions are controlling and shall supersede any prior or contemporaneous agreements, understandings or representations, oral or written, relating to the purchase of any good or services on or though the Site. These general Terms and Conditions exclusively will govern the sale or licensing by Coin Miner of all goods and services (including without limitation, hardware, firmware and software products, training, programming, maintenance, engineering, parts, repair and remanufacturing services – hereinafter, “Products”) to Buyer hereunder, on or though the Site (each a “Transaction”), and represents the entire agreement between Buyer and Coin Miner with respect thereto. Buyer’s receipt or acceptance of delivery of any of the Products ordered or purchased hereunder will constitute its irrevocable acceptance of these terms and conditions. No addition or modification to these terms and conditions will be binding on Coin Miner unless agreed to in writing signed by an authorized representative at Coin Miner’s principal offices. Coin Miner objects to and rejects other terms and conditions that may be proposed by Buyer in any form that are in addition to or otherwise not consistent with the terms and conditions set forth or referenced herein.
2.Website. We hereby grant you a limited right to access and make personal use of www.coinminer.com, its contents, and any related website(s) and/or application(s) (collectively, the “Site”) for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms including, without limitation, the prohibitions listed in these Terms and Conditions. Except as otherwise provided in the preceding sentence, you may not modify copy, reverse engineer, decompile, create derivative works, distribute, republish, commercially exploit, or upload any of the material on this Site without prior, written consent from us. No intellectual property or other rights in and to this Site — other than the limited right to use set forth above — are transferred to you. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE ALSO DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions, and other material on this Site. Price information is subject to change without notice. To the fullest extent permitted by applicable laws, we and our employees, agents, suppliers, and contractors shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising – including, without limitation, any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character — even if we have been advised of the possibility of such damages or losses arising out of or in connection with the use of this Site or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus-checking as you consider necessary.
3.Postings. To the extent that portions of this Site (such as “chat rooms” or “bulletin boards”) provide users an opportunity to post and exchange information, ideas and opinions (“Postings”), BE ADVISED THAT WE HAVE NO OBLIGATION TO SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS SITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. We reserve the right to monitor all Postings and to remove any which we consider in our sole discretion to be offensive or otherwise in breach of these terms and conditions. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. You hereby authorize us and grant us a worldwide, perpetual, non-exclusive, and royalty-free license to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that we or such other parties see fit. You shall have no claim or other recourse against us for infringement of any proprietary right in Postings and expressly waive any and all rights related thereto.
5.Digital Millennium Copyright Act Compliance. If you have any copyright concerns about any materials posted on this Site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. § 512). Please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:
Coin Miner, LLC
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
- Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on the Site (“Infringing Material”), and information reasonably sufficient to permit us to locate such material on the Site;
- Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or, if multiple copyrighted works at a single site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6.Minors. The Site is intended for persons having the legal capacity to be bound by these Terms, or acting with the express or implied consent of their parent or legal guardian. By using our Site, you represent and warrant that (i) you are over 18 years of age; and, (ii) that you have the right, authority, and capacity to accept these Terms and abide by all of the terms and conditions set forth herein. Children younger than 18 years of age may not register and use the Site under any circumstances.
8.Shipment, Title and Risk of Loss. Unless otherwise agreed in writing, shipment shall be F.O.B. Point of Shipment. Title and risk of loss pass from Coin Miner to Buyer upon delivery to a carrier. Buyer agrees that the delivery dates are estimates only and may be changed. Coin Miner will use commercially reasonable efforts to deliver Products in accordance with the delivery dates. However, Coin Miner shall not be liable for failure to deliver as estimated.
9.Payment. The entire purchase price of all Products purchased by Buyer shall be paid in full prior to shipment. Buyer shall pay all of Coin Miner’s costs and expenses, including attorneys’ fees, incurred by Coin Miner to enforce these Terms and Conditions. Under no circumstance will any billing error affect the Buyer’s obligation to pay for the Products.
10.Taxes and Other Charges. In addition to the price provided on the Site, Buyer shall be liable for any and all applicable sales and use taxes, customs, duties, and tariffs on the Products imposed on Coin Miner at any time upon the sale and/or shipment of the Products purchased in a Transaction, now imposed by federal, state, municipal or any other governmental authorities or becoming effective for or during the duration of the Transaction.
11.Cancellation or Modification. Buyer cannot modify, terminate, cancel or otherwise alter orders, or defer shipment, after acceptance of the order from Coin Miner without the written consent of the Coin Miner, which may be withheld or conditioned in Coin Miner’s sole discretion.
12.Force Majeure. Coin Miner shall not be liable for any loss, damage, delays, changes in shipment schedules or failure to deliver caused by any event beyond its control, including, without limitation, accident, fire, actual or threatened strike or riot, explosion, mechanical breakdown (including technological or information systems), plant shutdown, unavailability of or interference with necessary transportation, any raw material or power shortage, compliance with any law, regulation or order, acts of God or public enemy, prior orders from others, or limitations on Coin Miner’s or its suppliers’ products or marketing activities or any other cause or contingency beyond Coin Miner’s control. The time for performance shall be extended for a period equivalent to the delay. If, by reason of any of the foregoing events, Coin Miner’s supply of the Products shall be insufficient to meet all requirements, including its own, Coin Miner shall have the right, at its option, and without liability, to allocate its available supply of Products among its present and future customers in such a manner as Coin Miner deems equitable. If by reason of any of the foregoing events, the cost of the Products exceeds the sales price of the Products, Coin Miner shall have the right, at its option, to terminate such Transaction without liability to Coin Miner.
13.WARRANTY; DISCLAIMER. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS OR A SEPARATE WRITING, COIN MINER EXPRESSLY DISCLAIMS ALL AND MAKES NO OTHER WARRANTIES WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY PRODUCTS SOLD BY COIN MINER TO BUYER ARE PROVIDED ON AN “AS IS” BASIS AND COIN MINER MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH PRODUCTS. COIN MINER DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO SUCH PRODUCTS. COIN MINER HAS NO AND EXPRESSLY DISCLAIMS ANY DUTY TO VERIFY THIRD PARTY INFORMATION, INCLUDING, WITHOUT LIMITATION, MSDS SHEETS, LABELS, AND LABELLING OBLIGATIONS, AND COIN MINER HEREBY ACKNOWLEDGES AND AGREES THAT ANY RELIANCE BY BUYER ON THIRD PARTY INFORMATION SHALL BE AT COIN MINER’S SOLE RISK AND LIABILITY.
14.Limitation of Actions. COIN MINER SHALL NOT BE LIABLE TO BUYER OR ANY OTHER PERSON/ENTITY, DIRECTLY OR INDIRECTLY, FOR ANY CLAIMS, DEMANDS, SUITS, COSTS, EXPENSES (INCLUDING ATTORNEYS’ FEES), LOSSES, JUDGMENTS, DAMAGES, LIABILITIES OR OBLIGATIONS, OF ANY KIND OR NATURE, ARISING IN ANY MANNER FROM OR IN CONNECTION WITH ANY TRANSACTION, AND/OR THE PRODUCTS. COIN MINER SHALL NOT BE LIABLE FOR AND DISCLAIMS ANY AND ALL LOST PROFITS AND ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF ANY TRANSACTION, THE PRODUCTS, OR THE PERFORMANCE BY COIN MINER UNDER THESE TERMS AND CONDITIONS. IN THE EVENT OF TERMINATION FOR ANY REASON, COIN MINER SHALL NOT BE LIABLE TO BUYER FOR COMPENSATION, INDEMNIFICATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF ANY LOSS OF PROSPECTIVE PROFITS OR ANTICIPATED SALES OR ON ACCOUNT OF EXPENDITURES, INVESTMENTS, LEASES OR COMMITMENTS MADE IN CONNECTION WITH A TRANSACTION OR THE ANTICIPATION OF EXTENDED PERFORMANCE THEREUNDER. NOTWITHSTANDING THE FOREGOING, BUYER’S EXCLUSIVE REMEDY AGAINST COIN MINER, AND COIN MINER’S SOLE OBLIGATION, FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO EITHER REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCTS, SUBJECT TO SECTION 9 OF THESE TERMS AND CONDITIONS. IN NO EVENT SHALL COIN MINER HAVE ANY LIABILITY FOR DELAYS IN SHIPMENTS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH CLAIM IS BROUGHT IN TORT, BREACH OF CONTRACT, BREACH OF WARRANTY OR OTHER THEORY OF LAW OR EQUITY.
15.Inspection and Returns. Buyer shall inspect any Products purchased from Coin Miner within TWENTY-FOUR (24) HOURS after delivery of Products to their shipping destination. Buyer shall notify Coin Miner in writing within twenty-four (24) hours of delivery of any claimed material defects of the Products. Buyer’s failure to notify Coin Miner within twenty-four (24) of any alleged material defect of the Products shall constitute an acknowledgement by Buyer that the Products delivered conform, free from material defect, and shall constitute an immediate and irrevocable acceptance of such Products by Buyer and any claim by Buyer with respect to the foregoing is automatically waived. The following issues with a Product ARE NOT considered material defects: (i) any cosmetic defects; (ii) the level of noise produced by the Product; (iii) the amount of heat produced by the Product; (iv) the amount of or the cost of the electricity consumed by the Product; and (v) the profitability of the Product. If the defective Product is covered under warranty by the original manufacture, then Buyer shall return such Product to Coin Miner, at Buyer’s sole expense, and Coin Miner shall verify the alleged defect in the Product within thirty (30) days of receipt. Within thirty (30) days of the later of (i) Coin Miner’s verification of the defective Product or (ii) Coin Miner’s receipt of a replacement Product from its supplier, Coin Miner shall ship a replacement Product to Buyer at Coin Miner’s expense. Coin Miner shall not be under any obligation to replace the defective Product if (i) the defective Product is not covered under warranty by the original manufacture or (ii) the Product’s alleged defect cannot be verified by Coin Miner.
16.Intellectual Property. Buyer shall have no rights with respect to any of Coin Miner’s existing or subsequently-acquired or developed Intellectual Property, as defined below, rights or trade secrets or confidential information of Coin Miner, and Buyer hereby acknowledges that it shall not acquire any rights in respect thereof and that all such trade secrets and confidential information are and shall remain vested in or controlled by Coin Miner. “Intellectual Property” for purposes of these Terms and Conditions means (i) patents, patent applications, provisional applications, patent disclosures, including all ideas, inventions and improvements disclosed therein, and all reissues, continuations, continuations in part, divisions and reexaminations thereof; (ii) trademarks, service marks, trade names, trade dress, logos, slogans, domain names, including all goodwill appurtenant thereto, and all registrations and applications for registrations thereof and all renewals and extensions thereof; (iii) copyrights and mask works and all registrations and applications for registration thereof; (iv) computer software, software applications and platforms, websites, disks, disk drives, data, data bases and user documentation and audio visuals, domain names, and text materials; (v) all trade secrets, research and development materials, processes, procedures, know how, ideas discoveries, inventions, customer lists, supplier lists, formulas, drawings and designs, technical data, marketing, financial and business plans; (vi) advertising materials currently or in the future utilized by the Coin Miner; and (vii) copies and tangible embodiments thereof (in whatever form or medium), and related documentation and goodwill. Buyer acknowledges and agrees that Coin Miner owns the exclusive right, title and interest and into all of Coin Miner’s Intellectual Property. Buyer shall not at any time during the Term and any time thereafter do or permit to be done any act or thing which impairs or may impair the rights of Coin Miner with respect to Coin Miner’s Intellectual Property. Buyer will never represent that it has any ownership in any of Coin Miner’s Intellectual Property. Buyer expressly agrees that all of the use and good will of the Intellectual Property shall accrue to the sole benefit of Coin Miner.
17.Indemnification. Buyer shall indemnify and hold Coin Miner and its members, investors, managers, officers, employees, representatives, and their successors in interest and assigns (collectively, the “Indemnified Parties”) harmless from any and all claims, actions, suits, proceedings, costs, demands, damages and liabilities of any nature, including attorneys’ fees incurred by Coin Miner, relating to or in any way arising out of (i) any act or omission of the Buyer; (ii) a breach by Buyer of any representation, warranty, and/or obligation with any Indemnified Party; (iii) failure by Buyer to pay any and all applicable taxes, customs, duties, tariffs, and the like arising from the transactions set forth in these Terms and Conditions; (iv) any and all corrupt data, viruses, malware, or security breaches directly or indirectly introduced by the Buyer; and/or (v) a violation by Buyer (any of its officers, managers, members, investors, shareholders, directors, employees or agents) of any applicable law, regulation, or order of the United States or any other applicable government or quasi-governmental authority. The indemnification obligations under this Section 17 shall continue indefinitely.
18.Waiver of Terms and Conditions. The failure of Coin Miner in any one or more instances to insist upon performance of any of the terms and conditions contained herein, or to exercise any right or privilege hereunder, shall not be construed as a waiver of any Coin Miner’s rights or privileges hereunder.
19.Amendment. These Terms and Conditions shall not be amended, except by a writing signed by an officer of Coin Miner and specifically stating that it is an amendment.
20.Governing Law; Venue. These Terms and Conditions and any Transaction thereunder shall be governed by and construed in accordance with the laws of the State of Ohio, USA. Any suit, action or proceeding with respect to these Terms and Conditions or any Transaction must be brought in the courts of the State of Ohio or in United States courts located in the State of Ohio, as either party may elect, and Buyer submits to the jurisdiction of those courts for the purpose of any suit, action or proceeding. Buyer irrevocably waives any objections to the venue of any suit, action or proceeding arising out of or relating to these Terms and Conditions or any Transaction in the courts located in the State of Ohio and irrevocably waives any claim that any suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Notwithstanding the foregoing, in the event Buyer’s primary place of business is located within the People’s Republic of China (each, a “Chinese Buyer”), all disputes, controversies, or differences which may arise between Coin Miner and a Chinese Buyer, out of or in relation to or in connection with these Terms and Conditions or any Transaction or for the breach thereof, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one (1) arbitrator appointed in accordance with the said Rules. The language of the arbitration shall be English. The situs for such arbitration shall be Hong Kong, China. The arbitrator shall apply the laws of the State of Ohio, USA to the merits of the dispute. The award rendered by the arbitrator shall be final and binding upon both Coin Miner and Chinese Buyer and may be enforced in any court of competent jurisdiction. The parties hereby exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
21.International Transactions. All payments, including for any international transactions, will be made in U.S. dollars, and Buyer will be responsible for any currency conversion charges. Buyer will, at Buyer’s expense, obtain all export and import licenses, permits and clearances required by applicable laws, regulations, ordinances, and the like in respect of the Products.
22.Payment Terms [REVIEW THIS SECTION CAREFULLY AND MODIFY AS NEEDED]. If you choose to register an account with the Site, you will have the option to enter into Transactions on our Site. Upon your election to enter into a Transaction, you will be billed through ________________. By entering into a Transaction, you are expressly agreeing that we are authorized to charge you for such order, and any other charges you may incur in connection with the foregoing order to the payment method you provided during registration (or to a different payment method if you change your account information). Please note that prices and charges are subject to change with notice. As used in this Terms and Conditions, “billing” shall indicate either a charge or debit, as applicable, against your payment method. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
23.Site Disclaimer of Warranties. YOU AGREE THAT: A. IF YOU USE OUR SITE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. B. WE EXPRESSLY DO NOT WARRANT THAT, AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES THAT: (A) OUR SITE WILL MEET YOUR REQUIREMENTS; (B) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. C. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S PROPERTY RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SITE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE. D. NO DATA, INFORMATION, OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
24.Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
25.Export Regulations. Buyer acknowledges that certain Products sold by Coin Miner hereunder and any documentation and other technology of Coin Miner may be subject to application export control and sanction laws, regulations, and orders. Buyer certifies, represents, and warrants that it is in compliance and shall take all necessary acts to remain in compliance with all applicable export and re-export control laws and regulations, including, without limitation, the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions and regulations maintained by OFAC (defined below), and the International Traffic in Arms Regulations maintained by the U.S. Department of State. Buyer hereby agrees to defend, indemnify and hold Coin Miner harmless from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney’s fees and costs) arising from or related to any breach of the foregoing certification.
26.FCPA; Anti-Bribery. In carrying out its responsibilities hereunder and in any Transaction, Buyer shall comply with all applicable anti-bribery laws including, but not limited to, the U.S. Foreign Corrupt Practices Act, as revised (“FCPA”), and the Organization for Economic Cooperation and Development Anti-Bribery Convention, as implemented in the territory. Buyer understands that the FCPA generally prohibits the promise, payment or giving of anything of value either directly or indirectly to any government official for the purpose of obtaining or retaining business or any improper advantage. For purposes of this section, “government official” means any official, officer, representative, or employee of any non-U.S. government department, agency or instrumentality (including any government-owned or controlled commercial enterprise), or any official of a public international organization or political party or candidate for political office. Buyer represents and warrants that, in the performance of these Terms and Conditions and in connection with any Transaction, (i) neither it nor any of its representatives are governmental employees or officials or candidates for political office and Buyer will advise Coin Miner of any change in such representation; (ii) Buyer and its representatives have not and will not make, offer, or agree to offer anything of value to any government official, political party, or candidate for office; (iii) Buyer will comply with all provisions of the FCPA and the regulations thereunder as amended from time to time; and (iv) Buyer agrees to indemnify, defend, and hold Coin Miner harmless for damages and expenses resulting from a violation of the foregoing by Buyer or its representatives.
27.OFAC. Pursuant to United States Presidential Executive Order 13224 (“Executive Order”), Buyer may be required to ensure that it does not transact business with persons or entities determined to have committed, or to pose a risk of committing or supporting, terrorist acts and those identified on the list of Specially Designated Nationals and Blocked Persons (“List”) generated by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury. The names or aliases of these persons or entities (“Blocked Persons”) are updated from time to time. Buyer certifies, represents and warrants to Coin Miner that: (a) it is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order of the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person” or any other banned or blocked person, entity, nation or transaction pursuant to any Law that is enforced or administered by the Office of Foreign Assets Control; and (b) it is not engaged in this transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Buyer hereby agrees to defend, indemnify and hold Coin Miner harmless from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney’s fees and costs) arising from or related to any breach of the foregoing certification.
If any provision of these terms is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. We may assign our rights and obligations under these Terms and Conditions. These, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
If you have any questions or feedback about these Terms and Conditions, feel free to contact us at email@example.com. or write to:
Coin Miner, LLC