Topic: GAW ZenCloud ZenPool Hashlet - does it really exist? ALWAYS MAKE MONEY :-) - page 49. (Read 262953 times)

Terms 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 reserves the right to reverse any entry and/or payout if it believes, in its sole discretion, that the entry or payout (or a portion of the payout) was made erroneously due to an error or omission in Company's system. Company will notify you within 3 business days from the date the error or omission is discovered by Company.

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.

TERMS & CONDITIONS
GAWMINERS.COM TERMS & CONDITION

LAST UPDATED ON OCTOBER 29, 2014

This Terms of Use agreement (hereinafter the “Terms of Use”) is an agreement between you (hereinafter the “User”) and GAW MINERS, LLC and applies to your use of the services provided by GAW (as defined hereinbelow).

As used herein, “GAW” refers to this site https://GAWMINERS.COM, GAW MINERS, LLC, ZENMINER, LLC and each of their affiliated and/or related companies including but not limited to, each of their owners, members, officers, directors, investors, employees and other related parties and websites. Depending upon context, “GAW” may also refer to the services, products, site, content or other materials provided by GAW.

All Users of GAW products and/or services must consider carefully when choosing whether to use our Products (as defined herein) and/or Services (as defined herein).  Please read the Terms of Use carefully before agreeing to it. The Terms of Use also highlight certain risks of using the Services together with guidance on how to safely carry out online services via GAW.

The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of GAW's products and/or services.

IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS DEFINED IN THESE TERMS OF USE, DO NOT ACCESS THIS SITE AND DO NOT USE THE SERVICES; ANY AND ALL ACCESS OUTSIDE THE SCOPE OF THESE TERMS OF USE IS UNAUTHORIZED AND STRICTLY PROHIBITED.

1. DEFINITIONS

1.1. Account: means an account created by the User on the GAW Platform (as defined herein).

1.2. Buyer(s): means the User(s) who submits an offer to buy GAW Products or Services through its Platform.

1.3. GAW Platform: means an environment created by GAW to execute buy/sell orders of GAW Products and/or cryptocurrencies. The Platform is not intended to provide any legal, tax, insurance or investment advice, securities, or financial products or services.

1.4. Product(s): means cryptocurrency mining virtual cloud mining hosting power, merchandise and/or any other products purchased by Buyer from GAW.

1.5. Service(s): means the technological platform, functional rules and market managed by GAW to permit the Sellers and the Buyers to perform buy and sell transactions of cryptocurrencies and commodities.

1.6. Site(s): GAW website athttps://GAWMINERS.COM  and any related sites including https://zenminer.com/

1.7. User(s): means an individual person, who uses the Services and agreed to the Terms of Use and is a holder of an Account.

1.8. Fiat currency: means any currency, which derives its value from government regulation

1.9 Hashlet: means a digital cloud miner hosted and serviced by GAW

1.10  ZenCloud:  means the digital hosting service providing hashpower and payouts for cloud miners

1.11 ZenMiner:  means the online portal for digital cloud miner management

 

SCOPE OF THE SERVICES
2.1. The Service allows all Users of the Platform to purchase cryptocurrency mining equipment and/or virtual cloud mining hashing power from GAW.

2.2. The Service allows the Buyers and the sellers, to buy computer processing known as “hashing power”, either through the acquisition of computer equipment or the equivalent processing power hosted by GAW on behalf of the User. However, GAW offers the User its Services, the Site and the Platform for use only if the User fully understands, complies and agrees with the Terms of Use.

2.3. Depending on the User’s country of residence, the User may not be able to use all of the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her country of residence and/or country from which the User accesses this Site.

3. USER’S RIGHTS AND RESPONSIBILITIES

3.1. The User has the right to enter and use the Sites and the Services, as long as he/she agrees to and actually complies with the Terms of Use. By using the Sites, the User agrees to accept and comply with the terms and conditions stated herein.

3.2. The User undertakes to read the entire Terms of Use carefully before using the Sites or any of the Services provided by GAW.

3.3. The User undertakes to comply with any and all applicable laws and regulations related to the Services.

3.4. The User undertakes to monitor any and all changes on his/her Account, including but not limited to the balance.

3.5. The User undertakes to immediately (i.e. right after the moment of discovery) inform GAW about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and GAW will have the right to take any further steps accordingly, including but not limited to appeal to the relevant government authorities.

3.6. The User undertakes to notify GAW immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to Gaw's help desk or support team. Any User who violates the mentioned rules may be terminated, and thereafter held liable for losses incurred by GAW or any user of the Sites.

3.7. The User undertakes not to use the Services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.

3.8. The User is responsible for any and all damages caused and all liability actions brought against GAW for infringement of third party rights or violation of applicable laws.

3.9. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded.

3.10. Users are solely responsible for determining whether any contemplated purchase or transaction is appropriate for them based on their personal goals, financial status and risk willingness.

3.11 Release of Liability: Through use of this website or any of the Sites via viewing or using, you agree to hold GAW harmless and to completely release GAW from any and all liability due to any and all loss (monetary or otherwise), damage (monetary or otherwise), or injury (monetary or otherwise) that you may incur.

3.12 GAW as defined herein  is not engaged in providing investment products, regulated commodities, or financial products of any type or kind.  GAW is not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission (“SEC”) or with any state securities regulatory authority, and does not offer any product or service based upon the sale or acquisition of securities or derivative based products or services. GAW is neither licensed nor qualified to provide investment advice and you are specifically and adamantly advised not to rely upon anything posted/communicated/implied or expressed by GAW.

3.13 Safe Harbor Statement

GAW’s Sites, blogs, e-mails, message board posts, charts, video charts, social media and/or any other communications include forward-looking statements pertaining to future anticipated projected plans, performance and developments, intended to qualify for the safe harbor from liability established by the Private Securities Litigation Reform Act of 1995. Any statements on the Sites that are not statements of historical fact should be considered forward-looking statements. These forward-looking statements generally can be identified by phrases such as “believes,” “expects,” “anticipates,” “foresees,” “forecasts,” “estimates,” “intends,” or other words or phrases of similar import. Similarly, statements in the Sites that describe a company’s business strategy, outlook, objectives, plans, intentions or goals, trading projections, also are forward-looking statements. All such forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from those in forward-looking statements

3.14. Any individual who chooses to participate in cryptocurrency mining should do so with a full appreciation of the risk involved. Mining cryptocurrency, by its very nature  is speculative and carries a degree of risk, which may result in loss of part or all of your fiat or cryptocurrency based principal contribution.

4. USER’S REPRESENTATIONS AND WARRANTEES

4.1. By creating an Account, the User expressly represents and warrants that he/she:

follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and Services;
has accepted these Terms of Use;
is at least 16 years of age and has the right to accept these Terms of Use and participate in transactions involving cryptocurrencies and/or the acquisition of computer hardware or cloud hosted mining services.
4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms of Use and that they are duly authorized and have the capacity to enter into the transactions on the Platform.

4.3. The User represents and warrants that the currencies deposited to buy the Bitcoins are actual currencies corresponding to actual assets in its bank account and coming from legal sources.

4.4. The User represents and warrants that he/she is the legitimate owner and is allowed to use all cryptocurrencies and commodities deposited on his/her Account and that the transactions being carried out do not infringe the rights of any third party or applicable laws.

5. GAW'S RIGHTS AND RESPONSIBILITIES

5.1. GAW has the right to suspend User’s Account and block all cryptocurrency sums contained therein, in case of non-fulfillment or unduly fulfillment of the Terms of Use by the User.

5.2. GAW undertakes to provide Services with the utmost effort, due care and in accordance with these Terms of Use.

5.3. GAW’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the GAW User, GAW’s responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.

5.4. To the extent permitted by law, GAW is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by GAW.

5.5. GAW is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection, or any reason why the Sites are unavailable at any given time.

5.6. In the case of fraud, GAW undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.

6. GAW’S REPRESENTATIONS AND WARRANTEES

6.1. GAW represents and warrants that it will use all reasonable methods to facilitate all orders and requests for its Products placed by Users on the Site.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. All materials on this Site are the property of GAW and are protected by copyright, trademark and other applicable laws, unless otherwise specified herein.

7.2. The trademarks, service marks and logos of GAW and others used on the Site (hereinafter the “Trademarks”) are the property of GAW and its respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to GAW. The Trademarks and other materials on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any materials from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

8. USER’S DUE DILIGENCE

8.1. The User’s Due Diligence, including Know Your Customer procedure (“KYC”), will be required at the request of GAW for some transactions, which involve the exchange or acceptance of fiat currency or cryptocurrency on the Platform.

8.2. In order to access this option the User is required to submit:

valid ID — acceptable images of documents are: (a) international passport (double page) or (b) national ID card (both sides) or (c) driver's license (both sides) in high resolution (300dpi);
proof of residency — acceptable scanned images of paper documents are: (a) bank statement or (b) utility bill for utilities consumed at the User’s home address or (c) income tax forms, tax return bill, council tax bill or (d) certificate of residency issued by a government or a local government authority.
The User can also submit other documents to serve as proof of residency such as: government-issued documents, judicial authority-issued documents, documents issued by a public agency/authority, utility service company, or similar regulated service providing companies. Please note that additional instructions will be released to determine the procedure of document submission.

8.3. KYC refers to relevant information from the User for the purpose of doing business with him/her.

9. RULES FOR MAINTAINING USER’S ACCOUNT

9.1. The Site is for the User’s personal and non-commercial use only. GAW is vigilant in maintaining the security of the Site and the Service. By registering with GAW, the User agrees to provide GAW with current, accurate, and complete information about him/herself as prompted by the registration process, and to keep such information updated.

9.2. The User agrees that he/she will not use any Account other than his/her own, or access the Account of any other User at any time, or assist others in obtaining unauthorized access.

9.3. The User is responsible for maintaining the confidentiality of information on his/her Account, including, but not limited to his/her password, email, wallet address, wallet balance, and of all activity including transactions made through his/her Account. If there is suspicious activity related to the User’s Account, GAW may request additional information from the User, including authenticating documents, and freeze the Account for the review time. The User is obligated to comply with these security requests, or accept termination of his/her Account and potential surrender of assets including hashing power and/or cryptocurrency.

9.4. The creation or use of Accounts without obtaining the prior express permission from GAW will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or the distribution of instructions, software or tools for that purpose, will result in termination of such Users’ Accounts. Termination is not the exclusive remedy for such a violation, and GAW may decide to take further action against the User.

10. TRANSACTION PROCESSES OF THE PLATFORM

A. HOSTED (ZENCLOUD PRODUCTS)

10.1 RETURN POLICY - There are no returns for hosted products. All sales for ZenCloud enabled products are final. Therefore, offers made by the GAW and accepted by Buyer on the Platform represent Buyer’s unconditional acceptance to be bound by the Terms of Use for the related purchase of GAW's Zencloud enabled products as soon as User accepts the terms or purchase set by GAW, respectively.

10.2 REFUND POLICY- GAW will not issue refunds due to the nature and purpose of the ZenCloud enabled products.  Same-day shipping is eligible for orders placed before 4 P.M. EST. Orders placed after 4:00 P.M. E.S.T. shall ship the next business day.

10.3 REQUESTING YOUR ZENCLOUD MINER TO BE SHIPPED TO USERS. You may request yourZenCloud miner to be shipped to you after at least 30 days from the activation date. Once requested, GAW will de-provision your hosted account and will ship your miner to the address specified within a 14-day period; and 4-to-6 weeks outside of the United States. Please note that GAW Hashlets cannot be shipped because of their datacenter-optimized nature as digital cloud miners.

10.4 ALL SHIPPED, NON-HOSTED, GAW HOSTED & ZENCLOUD HOSTED ORDERS. All sales are final. GAW 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, 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.

10.5 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 Customer Service by web at http://gawminers.com/pages/returns-rmas to fill out an RMA form. Once approved, GAW will provide a pre-paid shipping label for orders shipped within the US. GAW customers using a third party service are responsible for any duties, taxes and shipping costs that may occur. GAW is not liable for any damages from any third party shipping services.

10.6 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.

10.7 USE OF PRODUCTS - LIABILITY WAIVER. As always, profitability is never guaranteed and buyer assumes all risks pertaining to fire, damage to other property, and/or any other form of equipment malfunction. GAW will not be held responsible for any damages.

10.8 INTERNATIONAL RETURNS.  Please complete a return form provided by our RMA department (email [email protected] to request it). After a GAW 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.

B.  24-HOUR ACTIVATION GUARANTEE PROMOTION DETAILS

10.9 Users shall 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.

10.10 Users who have not received an activation code within 24 hours,  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.

10.11 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.

10.12 The Hashlet product(s) do not qualify for the 24-hour activation guarantee promotion.

10.13 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)
Inaccessibility to your registered email with GAWMINERS.COM:
Email messages sent over the Internet are not secure and GAW is not responsible for any damag incurred by the result of sending email messages over the Internet. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us.

10.14 RISKIFIED: 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 to investigate your order.

10.15 RIGHT OF CANCELLATION: GAW 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.

10.16 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). 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.

10.17 GAW reserves the right to reverse any entry and/or payout if it believes, in its sole discretion, that the entry or payout (or a portion of the payout) was made erroneously due to an error or omission in the ZenCloud system. GAW will notify you within 3 business days from the date the error or omission is discovered by GAW.

10.18 GAW ITEMS PURCHASED AT OTHER LOCATIONS
Items purchased at any other site or store selling GAW Products or Services cannot be returned to gawminers.com.

 

PRIVACY POLICY:
11.1 This Privacy Policy (“Policy”) governs the manner in which GAW collects, uses, maintains and discloses information collected from Users of the Sites. This privacy policy applies to the Sites and all Products and Services offered by GAW.

11.2 Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Sites, register on the Sites, place an order, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Sites. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information.

11.3 Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Sites.  Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Sites, such as the operating system and the Internet service providers utilized and other similar information.

11.4 Web browser cookies
Our Sites may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Sites may not function properly.

11.5 How we use collected information

GAW may collect and use Users personal information for the following purposes:
- To improve customer service (information you provide helps us respond to your customer service requests and support needs more efficiently)
- To personalize user experience (we may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Sites)
- To improve our Sites (we may use feedback you provide to improve our products and services)
- To process payments (we may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service)
- To run a promotion, contest, survey or other Sites features
- To send Users information they agreed to receive about topics we think will be of interest to them
- To send periodic emails (we may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email)

11.6 How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.Sensitive and private data exchange between the Sites and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Sites are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.

11.7  Sharing your personal information
GAW does not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Sites or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

11.8 Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. GAW does not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

11.9 Changes to this privacy policy
GAW has the discretion to update this Policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Policy periodically and become aware of modifications.

11.10 Your acceptance of these terms
By using the Sites, you signify your acceptance of this Policy and the Terms of Use. If you do not agree to this Policy, please do not use our Sites. Your continued use of the Sites following the posting of changes to this Policy will be deemed your acceptance of those changes.

11.11 NOTICES RELATED TO PRIVACY POLICY
If you have any questions about this Policy, the practices of the Sites, or your dealings with the Sites, please contact us at:

GAW Miners, LLC
http://www.gawminers.com
34 E Dudley Town Road,
Bloomfield, CT 06002
(866) 554-5161
[email protected]

12. ILLEGAL TRANSACTIONS

12.1. The User shall be solely responsible for ensuring that any transfer of cryptocurrency to/from GAW shall be a valid and legal transaction not infringing any laws including money-laundering laws and regulations.

12.2. GAW reserves the right to suspend or terminate your GAW Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.

12.3. It is strictly forbidden to use the GAW Account for any illegal purposes, including but not limited to, fraud and money laundering. GAW will report any suspicious activity to the relevant law enforcement agency. The User is prohibited from using his/her GAW Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.

12.4. It is the User’s and not GAW’s responsibility to ensure that the User only sends payments to or receives payments from persons or entities for the sale or supply of goods and services that the User may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through GAW is not an indication of the legality of the supply or provision of their goods and services. If the User is in doubt of the legality of a supply or purchase, he/she should not continue with the payment.

13. ACCOUNT SECURITY REQUIREMENTS

13.1. The User must take all reasonable steps to keep his/her GAW Account password safe all the time and never disclose it to anyone. GAW personnel will never ask the User to provide his/her password to GAW or to a third party. Any message the User receives or website that he/she visits that asks for the password, other than the GAW Website or a GAW payment gateway on a merchant website, should be reported to GAW. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of the User’s web browser).

13.2. It is advisable to change the User’s password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the GAW Account. GAW also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her GAW Account or watch you accessing your GAW Account.

13.3. If the User has any indication or suspicion of his/her GAW Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Customer Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the User’s GAW Account, login details, password or other security features. Any undue delay in notifying GAW may not only affect the security of the User’s GAW Account, but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her GAW Account, the User should also contact the police and report the incident.

13.4. GAW may suspend the User’s Account or otherwise restrict its functionality on reasonable grounds relating to the security of the GAW Account or any of its security features or if GAW reasonably suspects that an unauthorized or fraudulent use of the User’s GAW Account has occurred or that any of its security features have been compromised. GAW will notify the User of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where GAW is unable to do so, immediately after the suspension or restriction has been imposed, unless notifying the User would be unlawful or compromise our reasonable security interests. GAW will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

13.5. The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the GAW Account. GAW cannot be liable for the breach of an e-mail account resulting an unauthorized transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User’s GAW Accounts are compromised, the User should without undue delay after becoming aware of this contact Customer Service and also contact his/her e-mail service provider.

13.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the GAW Account, the User must always ensure that his/her login details are not stored by the browser or cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.

13.7. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.

14. TERMINATION OF TERMS OF USE

14.1. The User may terminate the Terms of Use, and close his/her Account at any time, following settlement of any pending transactions.

14.2. The User also agrees that GAW may, by giving notice, in its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to: limit, suspend or terminate the service and Users' Accounts, prohibit access to the Sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Sites or another User's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties,  (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by GAW, acting in its sole discretion, (8) taking advantage, exploiting known or unknown security or coding vulnerabilities in the GAW system, including whether such exploit is defined as the same to the end user, its agent, payee, or bona fide purchaser of a User illegally reselling GAW's products or services which take express advantage of said exploit, hack, or security vulnerability.

14.3. GAW also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more, and/or to modify or discontinue our Site or Service. The User agrees that GAW will not be liable to them or to any third party for termination of their Account or access to the Site.

14.4. GAW shall transfer the currencies as soon as possible following the User's request in the time frames specified by GAW.

14.5. GAW will send the credit balance of the User’s Account to him/her, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. GAW will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance, and that he/she agrees to be responsible for such charges.

15. SERVICES AVAILABILITY

15.1. All services are provided without guarantees of any kind, either express or implied.

15.2. GAW will strive to keep the Sites up and running; however, all online services suffer from occasional disruptions and outages, and GAW isn't liable for any disruption or loss you may suffer as a result. Thus, GAW does not provide any guarantees that access to the Sites will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.

15.3. GAW will use reasonable endeavors to ensure that the User can normally access the Sites in accordance with the Terms of Use. GAW may suspend use of the Sites for maintenance and will make reasonable efforts to give the User notice. The User acknowledges that this may not be possible in an emergency.

16. FINANCIAL ADVICE

GAW does not provide any investment advice in connection with the Services contemplated by these Terms of Use. GAW may provide information on the price, range, volatility of Bitcoins and events that have affected the price of Bitcoins, but it should not be considered as an investment advice and should not be construed as such. Any decision to buy or sell cryptocurrencies and commodities is the User’s decision and GAW will not be liable for any loss suffered.

17. FINANCIAL REGULATION

The GAW business model, and our Services, consists of facilitating the buying, selling and trading of cryptocurrencies, computer hardware, and cloud mining services, and their use in an unregulated, international open payment system.

18. TAXATION

18.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of GAW Services and should be paid according the User’s state of residence regulations.  Users returning a purchase 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.

18.2. GAW is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.

19. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and the related Policy shall be governed by and construed in accordance with the laws of the Connecticut, United States, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with the Sites and these Terms of Use shall be submitted to the relevant State Court of Hartford County, Connecticut, as the Court of first instance. If any portion of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

20. LIMITATION OF LIABILITY

IN NO EVENT SHALL GAW, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF The SITES, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, (III) THE SERVICES FOUND AT THE SITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE  SITES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THE SITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SITES OR THE SERVICES FOUND AT THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT GAW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES OR THE SERVICES FOUND AT THIS SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL GAW’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

21. INDEMNITY

The User agrees to protect, defend, indemnify and hold harmless GAW and its officers, directors, members,  employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by GAW directly or indirectly arising from (i) the User’s use of and access to the Sites or the Services found at the Sites; (ii) the User’s violation of any provision of the Terms of Use or the Policy or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of the Sites or the Services found on the Sites.

22. MODIFICATION OF TERMS OF USE

GAW reserves the right to change, add or remove portions of these Terms of Use, at any time, in an exercise of its sole discretion.  Your continued use of the Sites following changes to the Terms of Use signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms of Use.

23. MISCELLANEOUS

If GAW is unable to perform the Services outlined in the Terms of Use due to factors beyond its control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, GAW will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.

24. TRADEMARK AND/OR COPYRIGHT CLAIMS

GAW supports the protection of intellectual property. If you would like to submit (i) a trademark, claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please send us an email.

25. LINKS TO THIRD-PARTY WEBSITES

The Sites and the Services found at the Sites may contain links to third-party websites that are not owned or controlled by GAW. GAW assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, GAW does not censor or edit the content of any third-party websites. By using the Sites or the Services found at the Sites, you expressly release GAW from any and all liability arising from your use of any third-party website. Accordingly, GAW encourages you to be aware when you leave the Sites or the Services found at the Sites and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

CONTACT US

If you have any questions relating to these Terms of Use, the Policy, your rights and obligations arising from the Terms of Use and the Policy, and/or your use of the Sites and the Services, your Account, or any other matter, please contact the GAW support desk.

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