Terms of Use

Last updated: December 15, 2018

THESE TERMS OF USE FORM A BINDING LEGAL CONTRACT BETWEEN YOU AND TDB SOUTHERN ENTERPRISES, LLC. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OUR WEBSITE OR SERVICES.

 

Application and Scope of These Terms of Use

 

These Terms of Use (these “Terms”) apply to your use of the website at www.101miners.com (the “Website”) and your relationship with TDB Southern Enterprises, LLC (“101MINERS” or “us” or “we”) generally. These Terms apply whether you are a customer of 101MINERS or just a visitor to the Website. Do not use the Website if you do not agree to these Terms of Use.

 

If you are looking for information regarding the personal information we collect, use, and store, read the 101MINERS Privacy Policy.

 

Becoming a Customer of 101MINERS

 

The services 101MINERS provides to customers include installing, configuring, hosting, and maintaining cryptocurrency mining equipment.

 

Corresponding with us via the Website and/or by email, phone, or in person does not make you a customer or entitle you to 101MINERS services. The services we provide to 101MINERS customers are governed by the terms contained in one or more agreement upon sign up which also contain additional terms that apply to the rights and responsibilities of our customers and 101MINERS’s rights and responsibilities as a service provider. If there is a conflict between these Terms and a Agreement, submitted Form or other written contract between you and 101MINERS, the latter will control.

 

Future Changes to These Terms

 

We may change these Terms at any time. Any changes to these Terms will apply immediately going forward. By continuing to use the Website after we make any change to these Terms, you agree to all the changes.

 

101MINERS.COM may change these terms in the future. If we make changes, we will update the page on the Website where we feature it and change the date at the top of this Policy. If we make a significant change, we will inform you by email.

 

Your Use of the Website

 

You may access and use the Website only in compliance with these Terms. You agree to not violate the security of the Website or attempt to gain unauthorized access, through password mining, hacking, or any other method, to the Website, 101MINERS computer systems, or network connections to any server owned or controlled by 101MINERS. Your use of the Website and the information provided on or through the Website may not be unlawful or result in harm to 101MINERS or any third party.

101MINERS may edit or remove information, including my listings, from the site without notice.

 

By using our website and services, you agree to abide by the spam and listing policies. You may only have one account and may only list an item once, in the correct category.

We reserve the right to refuse or terminate access to the Website or take any other steps to restrict your use of the Website at any time for any reason or no reason at all.

 

DISCLAIMERS / LIMITATIONS OF LIABILITY

 

NEITHER 101MINERS NOR ANY ITS AFFILIATES OR RELATED PARTIES HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION ON THE WEBSITE, INCLUDING FOR ANY ACTION OR INACTION TAKEN OR NOT TAKEN IN RELIANCE ON ANY SUCH INFORMATION.

 

WE PROVIDE ACCESS TO THE WEBSITE AND ALL INFORMATION WE PUBLISH ON IT TO YOU ON AN “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE AND THE INFORMATION ON IT IS DONE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 101MINERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE AND ALL CONTENT WE PUBLISH ON OR THROUGH IT.

 

WE DO NOT WARRANT THAT ANY INFORMATION OR ANY OTHER CONTENT OR OFFERINGS MADE AVAILABLE THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION WHATSOEVER.

 

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN THAT CASE, YOU MAY HAVE ADDITIONAL RIGHTS. SEEK THE ADVICE OF A LAWYER IF YOU WISH TO EXPLORE THE POSSIBILITY OF SUCH ADDITIONAL RIGHTS.

 

IF THE FOREGOING LIMITATIONS OF LIABILITY AND EXCLUSIONS ARE PROHIBITED OR FAIL IN THEIR ESSENTIAL PURPOSE, 101MINERS’S SOLE OBLIGATION TO YOU FOR ALL DAMAGES, REGARDLESS OF THE NUMBER, TYPE, AND DEGREE OF CLAIMS YOU ALLEGE, IS LIMITED TO $100.

 

By using our website and services, you understand that 101MINERS DOES NOT become involved in transactions between parties and does not certify, investigate, or in any way guarantee the legal capacity of any party to transact.

 

Electronic Communications

 

When you send emails and other communications from your desktop or mobile device to 101MINERS, including by submitting information through an online form on the Website, you communicate with us electronically. Electronic methods of communication are not highly secure, so be cautious about sending sensitive or confidential information in this way.

 

You agree to receive communications from us electronically. We will communicate with you in a variety of ways, such as by email, text, or by posting notices and messages on the Website. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Intellectual Property

 

All information included on the Website, as well as all graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of 101MINERS and is protected by United States and international copyright and trademark laws.

 

You do not have a license or right to use any trademark or trade dress without our prior written permission. You may not utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, page layout, or form) of 101MINERS. Additionally, 101MINERS does not permit the use of meta tags or any other “hidden text” utilizing our name or other intellectual property without our prior written permission.

 

You may not use the Website or information contained therein in any manner that infringes or violates our intellectual property rights or those of any third party. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce all or any portion of the Website.

 

We respect all intellectual property rights. If you believe any information or image on the Website infringes on your work and rights, email us at office@101miners.com .

 

Minors

 

If you are under the age of 18, you are prohibited from using the Website for any reason.

 

Third-Party Links

 

We may provide links from the Website to third-party websites and applications. These links are provided for your convenience, although they are beyond 101MINERS’s control.We make no representation as to the content, privacy, and security of third-party websites or applications. 101MINERS does not endorse any third-party websites, applications, or content. You bear all risk from you use or reliance on any external links and the content you access from such links.

 

Governing Law

 

These Terms, the 101MINERS Privacy Policy, and all matters arising out of or relating to the Website and the relationship between you and 101MINERS generally (the “Subject Matters”), are governed by and will be interpreted by applying the laws of the State of Georgia, without regard to its conflict of law rules.

 

Disputes

 

You agree that any dispute related in any manner whatsoever to any portion of the Subject Matters will be submitted to one day of non-binding mediation before taking any other formal action to resolve the dispute. The mediation will be conducted in Atlanta, Georgia with a single mediator mutually selected by you and 101MINERS.

 

If you are able to resolve a dispute with us through non-binding mediation, you agree that the dispute will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures in front of a sole arbitrator mutually selected by you and 101MINERS. The arbitration will be conducted in Atlanta, Georgia. The arbitrator may not award punitive damages, consequential damages, or compensatory damages, although the arbitrator may require the losing party to reimburse the reasonable attorneys’ fees and other arbitration-related costs of the prevailing party.

 

You and 101MINERS will split the cost of the mediator, arbitrator, and mediation and arbitration facilities, although you and 101MINERS will each be responsible for your own respective other costs, including attorney’s fees, preparation fees, and travel costs (subject to an award by the arbitrator for one party to reimburse the other party for any such fees or costs).

 

An award rendered by the arbitrator is final, non-appealable and binding on you and 101MINERS and may be entered and enforced in any court having jurisdiction.

 

Either you or 101MINERS may bring suit in court for injunctive relief (as available) without first attending mediation or arbitration.

 

Miscellaneous

 

If any portion of these Terms is deemed unenforceable in any jurisdiction or context, such unenforceability will not affect any other portion of these Terms or make such portion unenforceable in any other jurisdiction or context.

 

101MINERS may assign these Terms, in whole or in part, at any time with or without notice to you. However, you may not assign these Terms to any other person or entity.

 

If, at any time, 101MINERS does not immediately enforce any of its rights under these Terms, we are not waiving those rights. We can enforce them at any time.

 

These Terms are the entire agreement (other than our Privacy Policy) between you and 101MINERS regarding the Subject Matters unless you sign one or more Agreement Forms and a with us.

 

Questions

For questions about these Terms, please contact us in either of the following ways:

By mail:
2859 Paces Ferry Road SE,

Suite 1140,

Atlanta, GA, 30528, USA

 

By e-mail:
office@101miners.com

 

Note that email may not be secure.