Last Modified: July 12, 2017
*IMPORTANT: PLEASE READ CAREFULLY*
BY CHECKING THE BOX TO AGREE TO THESE TERMS, OR BY PLACING AN ORDER FOR THE PURCHASE OF ANY PRODUCTS THROUGH OR VIA THE WEBSITE YOU:
I. AGREE THAT THESE TERMS CONSTITUTE A LEGALLY BINDING AND VALID AGREEMENT BETWEEN YOU AND US;
II. ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN;
III. REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE; AND
IV. UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CHECK ANY BOX TO ACCEPT THEM AND DO NOT PLACE ANY ORDERS FOR THE PURCHASE OF PRODUCTS VIA THE WEBSITE.
CHANGES TO THIS AGREEMENT
We reserve the exclusive right to make changes to this Agreement from time to time, without notice. You expressly acknowledge and agree that you are bound by the version of the Agreement in effect on the date and time when you submitted your order for the purchase of products via the Website.
1. Agreement to Terms; Legal Age to Use the Website and Purchase Products
You may not order or obtain products or services from this Website if you (a) do not agree to these terms; (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with the Company; or (c) are prohibited from accessing or using this Website or any of this Website’s contents, goods or services by applicable law.
2. Your Use of the Website.
(a) TryMining provides you with access to and use of the Website subject to your compliance with these Terms. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Website. The Website, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, and the HTML code used to generate the pages (collectively, “Materials and Content”), is TryMining's property and is protected by trademark and/or copyright under United States and/or foreign laws.
(b) We grant you a personal, revocable, non-exclusive, non-transferable, limited license to access the Website, purchase products, and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Website and to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, the Materials and Content on the Website as well as features and/or hours of availability of the Website, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website, the products or services without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
3. Prohibited Uses of the Website.
(a) Except as otherwise provided in Section 2 of these Terms, you may not use, download, copy, print, display, perform, reproduce, publish, modify, delete, add to, sell, lease, license, create derivative works from, reverse engineer, post, transmit, distribute or otherwise exploit any Materials and Content from this Website in whole or in part, for any public or commercial purpose without the specific prior written permission of TryMining. You may not make use of the Website for the benefit of another business unless explicitly permitted by us in advance in writing.
(b) You shall not upload to, distribute, or otherwise publish through this Website any content, information, or other material that (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or properties.
(c) You further agree not to:
(i) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website;
(ii) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
(iii) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
(iv) Use any device, software or routine that interferes with the proper working of the Website;
(v) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(vi) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
(vii) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
(viii) Otherwise attempt to interfere with the proper working of the Website.
(d) We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
4. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or any services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number, details of the items you have ordered, and confirmation that we have accepted your order. Acceptance of your order and the formation of the contract of sale between TryMining and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by emailing us at email@example.com
5. Prices and Payment Terms.
(a) All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling (unless otherwise specified). All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We generally accept PayPal, Amazon Pay, and major credit and debit cards for all purchases. A listing of specific cards and payment methods that we accept are set forth in the payment section of the checkout page of the Website, but they are subject to change without notice. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your bank, credit card, or payment service company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
6. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page or the checkout page for specific delivery options. We may, from time to time, offer free or reduced cost shipping on products that you order through the Website. Free or reduced-cost shipping, when available, will be set forth on the individual product page or the checkout page. Unless otherwise stated at the time when you submit your order to purchase products, you will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
7. Returns and Refunds.
(a) Except for any products designated on the Website as non-returnable, we will accept a return of the products for i) an exchange; or ii) a refund of your purchase price, less the original shipping and handling costs of $2500, provided such return is made within FOURTEEN (14) DAYS of the shipping date to you (the “Return Period”) and provided such products are returned in their original, like-new condition with no damage. After the Return Period, we will provide no refunds or exchanges for products purchased from us.
(b) To return or exchange products, you must complete and email a Return Merchandise Authorization Request Form (an “RMA Request Form”) to our Customer Service Department firstname.lastname@example.org. We will review your request upon receipt, and if appropriate, provide you with an RMA Number (an “RMA Number”). You may request an RMA Request Form from our Customer Service Department via email (email@example.com).
(c) You must obtain an RMA Number before shipping your product. No returns of any type will be accepted and no refunds or exchanges of any kind will be provided without an RMA Number.
(d) You are responsible for all shipping and handling charges on returned items. You bear the risk of loss or damage during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
(e) Refunds and exchanges are processed within approximately three (3) business days of our receipt and inspection of your returned product(s). Your refund will be credited back to the same payment method used to make the original purchase on the Website. If you request an exchange, the exchanged product will be mailed to you, to the ship-to address that you indicated during the time of your original purchase on the Website.
(f) WE OFFER NO REFUNDS OR EXCHANGES ON ANY PRODUCTS:
(i) designated on this Website as non-returnable;
(ii) that have had their cases opened or tampered with (if product is computer hardware);
(iii) that have been disassembled or have had internal components removed, replaced, modified, or otherwise tampered with;
(iv) that have been damaged through no fault of ours or that are missing components or parts; or
(v) that have been abused or misused.
8. DISCLAIMER OF WARRANTY. ALL PRODUCTS OFFERRED FOR SALE VIA THE WEBSITE ARE SOLD “AS IS” AND “AS AVAILABLE”. WE HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING ANY WARRANTIES OF: (A) MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) TITLE; (D) NON-INFRINGEMENT; OR (E) PERFORMANCE OF GOODS TO ANY STANDARDS, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, REGARDLESS OF: (A) WHETHER THE DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. OUR LIABILITY TO YOU HEREUNDER SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCT OR SERVICE THAT YOU PURCHASED THROUGH THE WEBSITE, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
10. Remedies. You acknowledge and agree that your sole and exclusive remedy for any and all damages that may arise out of this Agreement shall be limited, at our sole option, to the replacement of the product(s) that you purchase via the Website or the refund of the original purchase price, less shipping (so long as you comply with the timing and procedures set forth in Section 7 herein).
11. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own persona or household use only, and not for resale or export
12. Intellectual Property Use and Ownership. You acknowledge and agree that TryMining is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights (as may be applicable). You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Website, or of any intellectual property rights relating to those products or services.
14. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
15. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia, USA without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.
16. Dispute Resolution and Binding Arbitration.
(a) YOU AND TRYMINING ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 15. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will take place in Fulton County, Georgia.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR TRYMINING WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
17. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 7 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
18. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing, made for the purpose of the waiver, and signed by a duly authorized representative of TryMining.
19. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us via email at: firstname.lastname@example.org.
21. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.