BITMOR SERVICE TERMS AND PRIVACY NOTICE

Conditions of Use

Last updated: January 4, 2018

Welcome to bitmor.com, which is owned and operated by Bitmor, Inc., (“Bitmor”). Bitmor provides this website, which may offer information, features, products and services to you when you visit or shop at bitmor.com, or use any product or service offered on bitmor.com, including products developed, manufactured or licensed by third parties, (“Affiliated Business” or “Affiliated Businesses), in connection with any product or service provided by Bitmor (collectively, “Bitmor Services”).

By using Bitmor Services, you agree to these conditions. Please read them carefully.

We offer a range of Bitmor Services, the purchase or use of which, may, sometimes require additional terms and conditions. When applicable, those additional terms of service will apply. When you access and use bitmor.com, for any purpose, whatsoever, including your use of a product or service provided by Bitmor or offered by any third party offering their products or services on Bitmor.com, you do so, subject to the terms and conditions set forth, herein (“Service Terms”).

DISCLAIMER. WHILE BITMOR AND ITS SUPPLIERS AND AFFILIATED BUSINESSES ENDEAVOR TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THESE PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE BITMOR SERVICES PROVIDED BY OR THROUGH BITMOR.COM AND, EXCEPT AS SPECIFICALLY STATED HEREIN TO THE CONTRARY BY BITMOR, ITS AFFILIATED BUSINESSES OR ITS SUPPLEIRS, BITMOR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. BITMOR ALSO MAKES NO REPRESENTATION OR WARRANTY THAT ANY BITMOR SERVICE PROVIDED BY BITMOR OR ITS AFFILIATED BUSINESSES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY DOWNLOADABLE FILES OR INFORMATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND BITMOR AS A RESULT OF THIS AGREEMENT OR USE OF BITMOR SERVICES AND PRODUCTS.

  1. LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE BITMOR FROM ANY CLAIM OF HARM, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MOREOVER, IN NO EVENT SHALL BITMOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WITH THE DELAY OR INABILITY TO USE YOUR BMM, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS PROVIDED BY OR AVAILABLE THROUGH BITMOR, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BITMOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF BITMOR FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF BITMOR.COM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BITMOR IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

 

PRIVACY

Please review our Privacy Notice, which also governs your use of bitmor.com and Bitmor Services.

ELECTRONIC COMMUNICATIONS

When you use Bitmor Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you will be communicating with us electronically. By accessing Bitmor.com, you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Bitmor Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through the Bitmor.com or any Bitmor Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Bitmor or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Bitmor Service is the exclusive property of Bitmor and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through on Bitmor.com or any Bitmor Service are trademarks or trade dress of Bitmor in the U.S. and other countries. Bitmor’s trademarks and trade dress may not be used in connection with any product or service that is not Bitmor’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bitmor. All other trademarks not owned by Bitmor that appear in any Bitmor Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bitmor.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, as well as your payment of any applicable fees, Bitmor or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Bitmor Services. This license does not include any resale or commercial use of any Bitmor Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Bitmor Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Service Terms are reserved and retained by Bitmor or its licensors, suppliers, publishers, rightsholders, or other content providers. No Bitmor Service, nor any part of any Bitmor Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bitmor. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bitmor without express written consent. You may not use any meta tags or any other “hidden text” utilizing Bitmor’s name or trademarks without the express written consent of Bitmor. You may not misuse the Bitmor Services. You may use the Bitmor Services only as permitted by law. The licenses granted by Bitmor terminate if you do not comply with these Service Terms.

YOUR ACCOUNT

You may need your own Bitmor account to use certain Bitmor Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Bitmor does not sell products for children. If you are under 18, you may use the Bitmor Services only with involvement of a parent or guardian. Bitmor reserves the right to refuse service, terminate accounts, terminate your rights to use Bitmor Services, remove or edit content, or cancel orders in its sole discretion.

COPYRIGHT COMPLAINTS

Bitmor respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please immediately notify us in writing.

RISK OF LOSS

All purchases of physical items from Bitmor are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Except as may be stated, otherwise to the contrary and in writing, Bitmor does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Bitmor does not take title to the refunded item. For more information about our returns and refunds, please contact us.

PRODUCT DESCRIPTIONS

Bitmor attempts to be as accurate as possible. However, Bitmor does not warrant that product descriptions or other content of any Bitmor Service is accurate, complete, reliable, current, or error-free. If a product offered by Bitmor itself is not as described, your sole remedy is to return it in unused condition.

PRICING

With respect to items sold by Bitmor, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the products offered through Bitmor.com, may be mispriced or not, up-to-date. If the correct price of any product or service sold by Bitmor is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

SANCTIONS AND EXPORT POLICY

You may not use any Bitmor.com or Bitmor Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Bitmor Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Bitmor Software), technology, and services.

OTHER BUSINESSES

Parties other than Bitmor may offer or provide services or software, or sell product lines through the Bitmor Services or Bitmor.com. In addition, we may provide links to the sites Affiliated Businesses and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Bitmor does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

APPLICABLE LAW

By using any Bitmor Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of South Dakota, without regard to principles of conflict of laws, will govern these Conditions of Use and Service Terms.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, at any time. If any of these Service Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ADDITIONAL BITMOR SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Bitmor Products and Services (the “Affiliated Software”).

  1. Use of the Bitmor Software. To the extent that it is offered by Bitmor, you may use Affiliated Software solely for purposes of enabling you to use Bitmor Products & Services as provided by Bitmor, its Affiliated Businesses and affiliates, and as permitted by these Terms of Service. You may not incorporate any portion of the Affiliate Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Affiliate Software in whole or in part.
  2. Use of Third Party Services. When you use Affiliate Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Affiliate Software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the Affiliate Software at any time and without notice to you.
  5. Government End Users. If you are a U.S. Government end user, we are licensing the Bitmor Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Bitmor Software are the same as the rights we grant to all others under these Conditions of Use.
  6. Conflicts. In the event of any conflict between these Conditions of Use and any other Bitmor or third-party terms applicable to any portion of Affiliate Software, such as open-source license terms, such other terms will control as to that portion of the Affiliate Software and to the extent of the conflict.

DISPUTES

Notwithstanding anything else specifically contained herein to the contrary, any dispute or claim relating in any way to your use of Bitmor.com, or to any products or services sold or distributed by Bitmor through bitmor.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement as they relate to resolution of disputes.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Bitmor. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Likewise, Bitmor will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted online, if applicable, by telephone, based on written submissions, or in person in Minnehaha County, South Dakota or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.