Terms of service

MASTER MINE MINING EQUIPMENT PURCHASE TERMS
 This Mining Equipment Purchase Terms (the “Purchase Terms”) is made on the Effective Date by and between Master Mine, LLC (collectively, “Master Mine,” “we,” “us,” or “our”) and you (the “Purchaser,” “you,” or “your”).  Master Mine and you shall hereinafter collectively be referred to as the “Parties”, and individually as a “Party”.  The “Effective Date” means the date of when you accept these Purchase Term.
 PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS CONTAINED WITHIN THESE PURCHASE TERMS.
 By clicking “Accept”, “Agree”, “Purchase”, or by purchasing any Mining Equipment you agree as follows: Purchaser fully understands the market risks, volatility of crypto currency, the price-setting principles and the market fluctuations relating to the Mining Equipment sold under the Purchase Terms. The Purchaser is willing to purchase and Master Mine is willing to supply Mining Equipment and other equipment in accordance with the terms and conditions of the Purchase Terms. 
The Parties hereto agree as follows: 
1.Definitions and Interpretations 
The following terms, as used herein, have the following meanings: 
“Affiliate” means an organization, person, party, subsidiary, company, corporation, or other entity that is under the control of Master Mine. 
“Applicable Law” means any treaty, law, decree, order, regulation, decision, statute, ordinance, rule, directive, code or other document that has legal force under any system of law, including, without limitation United States local, state, or federal law or other international law. 
“Effective Date” shall have the same meaning as set forth in the HM Agreement. 
“Hosting Plan” means the hosting services plan to provide hosting and mining services for any purchased Mining Equipment.  Such hosting services are subject to a separate hosting services agreement (“Hosting Services Agreement”) entered into by and between you and Master Mine. 
“Order” means the Purchaser’s designation and selection of Mining Equipment in accordance with the Purchase Terms. 
“Order Confirmation” means Master Mine’s acceptance of the Order. 
“Mining Equipment” means solely and strictly the storage hardware component sold by Master Mine that may be used for the processing, storing, and mining digital assets such as crypto currency, the types of Mining Equipment may be found at the following url: www.mastermine.com 
“Platform” means the mastermine.com website or other electronic portal where you may purchase Mining Equipment. 
“Total Purchase Price” means the aggregate amount payable by the Purchaser as set out in Hosting Plan and final Order Confirmation. 
2. Sales of Mining Equipment and Ordering 
2.1       Master Mine will sell Mining Equipment to you as more fully described in Master Mine’s Order information as displayed on the Platform at the time of purchase.  You shall make payment in accordance with the terms specified in the Purchase Terms.
2.2.     Purchaser may be required to pass Master Mine’s KYC confirmation process prior to the sale of any Mining Equipment.  You agree to provide any information that may be requested in order to verify your identity or to perform KYC.  Please be aware that such information may be shared with third party vendors that assist us with KYC. 
2.3       Any sale of Mining Equipment may be subject to the Parties entering into a separate Hosting Plan to provide hosting and mining services for any purchased Mining Equipment.  The Hosting Plan is subject to a minimum (1) year term and such Hosting Plan shall be set forth within a Hosting Services Agreement entered into between you and Master Mine.  You understand that Master Mine may void these Purchase Terms where you fail to enter into a concurrent Hosting Plan for the durational term stated within this Section 2.3.  Purchaser has agreed to the Hosting Services Agreement of the Hosting Plan, and hereby consents to Master Mine hosting the Mining Equipment 
2.4       After receiving the Order, Master Mine will send an order receipt confirmation to the Purchaser. The Purchaser’s Order will be open and valid for Master Mine to issue an Order Confirmation for a period of twenty-four (24) hours after its placement, and prior to the expiration of such period, Master Mine will have the right to cancel the Order at its sole discretion. The Purchaser shall place the Order through Master Mine’s Platform or through other methods accepted by Master Mine, and such Order shall constitute an irrevocable offer to purchase specific Mining Equipment from Master Mine. The Purchaser’s Order shall be deemed accepted by Master Mine upon Master Mine’s issuance of the Order Confirmation and the Purchaser shall pay the Total Purchase Price in accordance with the Purchase Terms.  Both Parties acknowledge and agree that the order receipt confirmation shall not constitute nor be construed as Master Mine’s acceptance of the Purchaser’s Order, but mere acknowledgement of the receipt of the Purchaser’s Order. 
2.5       Both Parties acknowledge and agree that in case of product unavailability, Master Mine shall have the right to cancel the Order after it has issued the order receipt confirmation without any penalty or liability. The Purchaser acknowledges and agrees that the Order is irrevocable and cannot be cancelled by the Purchaser, and that the Mining Equipment ordered are neither returnable nor refundable. All sums paid by the Purchaser to Master Mine shall not be subject to any abatement, set-off, claim, counterclaim, adjustment, reduction, or defense for any reason except for unavailability of the Mining Equipment. Payment of Total Purchase Price is not refundable, save as otherwise mutually agreed by the Parties or Master Mine’s unavailability of the Mining Equipment. 
3. Prices and Terms of Payment 
3.1       The Purchaser shall pay the Total Purchase Price in accordance with the Order Confirmation, and the Purchase Terms.  By placing an Order, you authorize Master Mine to charge the Total Purchase Price to your payment method on file.  You agree no additional authorization is required from you to effectuate a Mining Equipment purchase.  Your purchase may be processed by our third party payment processors and you agree to abide by all terms and conditions of our third party payment processor when making payment for any Mining Equipment.  
3.2      The Parties understand and agree that the applicable prices of the Mining Equipment are inclusive of applicable export duties, import duties, taxes and governmental charges.  If any payment is subject to withholding, the Purchaser shall pay such additional amounts as necessary, to ensure that Master Mine receives the full amount it would have received had payment not been subject to such withholding. 
4. Warranty and Chargebacks 
4.1       The Mining Equipment is sold without warranty by Master Mine.  Any warranties (if any) related to the manufacturing of the Mining Equipment are the sole responsibility of the Mining Equipment manufacturer.   Any warranty claims made by you must be made directly to the Mining Equipment manufacturer and Master Mine shall not be responsible for resolving or assisting you with any warranty claim issues.
4.2       You expressly agree that you will not reverse, chargeback, or attempt to reverse any payment may for the purchase of any Mining Equipment. You also agree that we may charge any additional amounts associated with or owed to us for any reversed purchase of Mining Equipment.  If we believe that you have participated in a fraudulent transaction, we will pursue our claims against you to the fullest extent allowed by law and we reserve the right to take any action necessary regarding any fraudulent transactions.  In the event that we believe that Purchaser has completed a fraudulent transaction, we may forward your information to the applicable law enforcement agency, which may result in civil or criminal penalties. 
5. Representations and Warranties
The Purchaser makes the following representations and warranties to Master Mine:
  • You have the full power and authority to purchase the Mining Equipment. 
5.2      You have the power to enter into, perform and deliver, and you have taken all necessary action to authorize its entry into, performance and delivery of, the Purchase Terms and the transactions contemplated by the Purchase Terms. 
5.3       The entry into and performance by you of, and the transactions contemplated by, the Purchase Terms do not and will not conflict with: (a) any Applicable Law; and (b) any agreement or instrument binding upon you.
 5.4       (a) You are not the target of economic sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury or Singapore (“Sanctions”), including by being listed on the Specially Designated Nationals and Blocked Persons (SDN) List maintained by OFAC or any other Sanctions list maintained by one of the foregoing governmental authorities, directly or indirectly owned or controlled by one or more SDNs or other Persons included on any other Sanctions list, or located, organized or resident in a country or territory that is the target of Sanctions, and (b) the purchase of the Mining Equipment will not violate any Sanctions or import and export control related laws and regulations.
 5.5       All information supplied by you is and shall be true and correct, and the information does not contain and will not contain any statement that is false or misleading. 
6. Indemnification and Limitation of Liability 
6.1       The Purchaser shall, during the term of the Purchase Terms and at any time thereafter, indemnify and save Master Mine harmless from and against any and all damages, suits, claims, judgments, liabilities, losses, fees, costs or expenses of any kind, including legal fees, whatsoever arising out of or incidental to the purchase of Mining Equipment or related to these Purchase Terms. 
6.2       Notwithstanding anything to the contrary herein, Master Mine shall under no circumstances, be liable to Purchaser for any indirect losses, consequential loss, or loss of goodwill, business, anticipated profits, revenue, contract, or business opportunity arising out of or in connection with the Purchase Terms, and Purchaser hereby waives any claim it may at any time have against the other in respect of any such damages. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, strict liability, negligence, willful misconduct or other tortious action, or an action in equity. Purchaser’s cumulative aggregate liability pursuant to the Purchase Terms, whether arising from tort, breach of contract or any other cause of action shall be limited to and not exceed the amount of the Total Purchase Price actually received by Master Mine from the Purchaser for the Mining Equipment.
6.4       The Mining Equipment are not designed, manufactured or intended for use in hazardous or critical environments or in activities requiring emergency or fail-safe operation, such as the operation of nuclear facilities, aircraft navigation or communication systems or in any other applications or activities in which failure of the Mining Equipment may pose the risk of environmental harm or physical injury or death to humans. Master Mine specifically disclaims any express or implied warranty of fitness for any of the above described applications and any such use shall be at the Purchaser’s sole risk. 
6.5       THE MINING EQUIPMENT IS SOLD ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MASTER MINE, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, LOST PROFITS, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE OFFER OF USING ANY MINING EQUIPMENT WITH ANY HOSTING PLAN DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION BY MASTER MINE. MASTER MINE DOES NOT WARRANT THAT YOUR USE OF THE MINING EQUIPMENT IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND MASTER MINE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.  
6.6       The above limitations and exclusions shall apply (1) notwithstanding failure of essential purpose of any exclusive or limited remedy; and (2) whether or not such party has been advised of the possibility of such damages. This Section allocates the risks under the Purchase Terms and the pricing reflects this allocation of risk and the above limitations. 
7. Refunds 
7.1      You acknowledge and confirm that the Order is irrevocable and cannot be canceled by the Purchaser.  Any Mining Equipment ordered from Master Mine is not returnable, refundable or exchangeable. The Total Purchase Price paid by Purchaser to Master Mine shall not be subject to any abatement, set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Refund requests of any kind will not be accepted. We are not liable to you for any damages, whether direct, indirect, incidental, consequential, or otherwise, for any failure, delay or error in delivery of the Mining Equipment for any reason whatsoever.
8. Confidential Information and Disclosure 
8.1       All information concerning the Purchase Terms and matters pertaining to or derived from the provision of Mining Equipment pursuant to the Purchase Terms between the Parties, whether in oral or written form, or in the form of drawings, computer programs or other, as well as all data derived therefrom (“Confidential Information”), shall be deemed to be confidential and, as such, may not be divulged to any unauthorized person. The Parties undertake and agree to take all reasonable and practicable steps to ensure and protect the confidentiality of the Confidential Information which cannot be passed, sold, traded, published or disclosed to any unauthorized person. 
9. Term and Termination of the Purchase Terms 
9.1       The Purchase Terms will be effective upon the Effective Date. 
9.2       Master Mine shall be entitled to terminate the Purchase Terms with immediate effect upon written notice to the Purchaser if: 
  1. the Purchaser fails to comply or has not complied in any material respect of the Purchase Terms or the Hosting Plan, at Master Mine’s sole discretion; 
  1. it is or becomes unlawful for the Purchaser to perform or comply with any of its material obligations under the Purchase Terms or all or a material part of the obligations of the Purchaser under the Purchase Terms are not or cease to be valid, binding and enforceable
9.3       The Purchase Terms shall also be automatically terminated between the Parties if the Order is cancelled. 
9.4       Termination of the Purchase Terms shall be without prejudice to the rights and liabilities of the Parties accrued prior to or as a result of such termination, including those related to antecedent breaches. Termination of the Purchase Terms for any cause or otherwise shall not release a Party from any liability which at the time of termination has already accrued to the other Party or which thereafter may accrue in respect of any act or omission prior to such termination.   
10. Survival
 10.1     All portions of these Purchase Terms that would be reasonably deemed to survive termination shall survive, including but not limited to the following Sections 2-8, 12-20. 
11. Compliance with Laws and Regulations 
11.1    The Purchaser undertakes that Purchaser will fully comply with all Applicable Laws in relation to export and import control and Sanctions and shall not take any action that would cause Master Mine or any of its Affiliates to be in violation of any export and import control laws or Sanctions. The Purchaser shall also be fully and exclusively liable for and shall defend, fully indemnify and hold harmless Master Mine and/or its Affiliates from and against any and all claims, demands, actions, costs or proceedings brought or instituted against Master Mine and/or its Affiliates arising out of or in connection with any breach by the Purchaser or the carrier of any Applicable Laws in relation to export and import control or Sanction. 
11.2    The Purchaser acknowledges and agrees that the Mining Equipment in the Purchase Terms are subject to the export control laws and regulations of all related countries, including but not limited to the Export Administration Regulations (“EAR”) of the United States. Without limiting the foregoing, the Purchaser shall not, without receiving the proper licenses or license exceptions from all related governmental authorities, including but not limited to the U.S. Bureau of Industry and Security, distribute, re- distribute, export, re-export, or transfer any Mining Equipment subject to the Purchase Terms either directly or indirectly, to any national of any country identified in Country Groups D:1 or E:1 as defined in the EARs. In addition, the Mining Equipment under the Purchase Terms may not be exported, re-exported, or transferred to (a) any person or entity listed on the “Entity List”, “Denied Persons List” or the SDN List as such lists are maintained by the U.S. Government, or (b) an end-user engaged in activities related to weapons of mass destruction. Such activities include but are not necessarily limited to activities related to: (1) the design, development, production, or use of nuclear materials, nuclear facilities, or nuclear weapons; (2) the design, development, production, or use of missiles or support of missiles projects; and (3) the design, development, production, or use of chemical or biological weapons. The Purchaser further agrees that it will not do any of the foregoing in violation of any restriction, law, or regulation of the European Union or an individual EU member state that imposes on an exporter a burden equivalent to or greater than that imposed by the U.S. Bureau of Industry and Security.
11.3    The Purchaser undertakes that it will not take any action under the Purchase Terms or use the Mining Equipment in a way that will be a breach of any anti-money laundering laws, any anti-corruption laws, and/or any counter-terrorist financing laws.
 11.4    The Purchaser warrants that the Mining Equipment have been purchased with funds that are from legitimate sources and such funds do not constitute proceeds of criminal conduct, or realizable property, or proceeds of terrorism financing or property of terrorist. The Purchaser understands that if any Person resident in the United States knows or suspects or has reasonable grounds for knowing or suspecting that another Person is engaged in criminal conduct or is involved with terrorism or terrorist property and the information for that knowledge or suspicion came to their attention in the course of business in the regulated sector, or other trade, profession, business or employment, the Person will be required to report such knowledge or suspicion to the appropriate law enforcement officials of the United States. The Purchaser acknowledges that such a report shall not be treated as breach of confidence or violation of any restriction upon the disclosure of information imposed by any Applicable Law, contractually or otherwise.
12. Governing Law and Arbitration
12.1    Any dispute arising out of or in connection with these Purchase Terms (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the state of Pennsylvania, without giving effect to conflict of laws principles thereof.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Purchase Terms.
 12.2    You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential binding arbitration.   If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and Master Mine agree that the arbitrator will decide that issue.  However, any claim that all or part of the Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “Rules”) then in effect, except as modified here. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be York, PA or a location agreed upon by the parties.  Where a Dispute does not exceed $15,000 such Dispute shall be arbitrated solely via pleadings and documents. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with these Purchase Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to York, PA.   For a copy of the Rules, please visit www.adr.org or by calling the AAA at 1–800–778–7879.
12.3    You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Purchase Terms by notifying us at with a communication labeled “Arbitration Opt Out” to support@mastermine.com or by mail at Master Mine LLC, 210 York St, Suite 101, York, PA 17403. In order to be effective, the opt out notice must include your full name, any account information, and must clearly indicate Your intent to opt out of binding arbitration. If you have decided to opt-out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within York, PA.
12.4    You and Master Mine agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. 
 
13. Contact Information
 All notifications and communications in relation to these Purchase Terms shall be made to:
 Master Mine’s business contact:
 Email: support@mastermine.com
 Address: Master Mine LLC, 210 York St, Suite 101, York, PA 17403
To you:  At the address and contact information provided by you at the time of Order of any Mining Equipment
 
14. Entire Agreement and Amendment
 The Purchase Terms along with the Hosting Services Agreement, constitute the entire agreement of the Parties hereto and can only be amended with the written consent of both Parties or otherwise as mutually agreed by both Parties.
 
15. Assignment
 Master Mine may freely assign the Purchase Terms in whole or in part to its Affiliates or to any third party. The Purchaser may not assign the Purchase Terms in whole or in part without Master Mine’s prior written consent.
 
16. Severability
 To the extent possible, if any provision of the Purchase Terms is held to be illegal, invalid or unenforceable in whole or in part by a court, the provision shall apply with whatever deletion or modification is necessary so that such provision is legal, valid and enforceable and gives effect to the commercial intention of the Parties. The remaining provisions of the Purchase Terms shall not be affected and shall remain in full force and effect.
 
17. Conflict with the Hosting Agreement
 In the event of any ambiguity or direct conflict with the Hosting Services Agreement, the Hosting Services Agreement shall control.
18. Relationship
 The relationship of the parties is that of independent contractors, no agency, fiduciary, employment, or other special relationship is conferred by entering into these Purchase Terms.
 
19. Waiver
 Failure by either Party to enforce at any time any provision of the Purchase Terms, or to exercise any election of options provided herein shall not constitute a waiver of such provision or option, nor affect the validity of the Purchase Terms or any part hereof, or the right of the waiving Party to thereafter enforce each and every such provision or option.
 
20. Counterparts and Electronic Signatures
 The Parties agree that electronic acceptance of the Purchase Terms is sufficient to bind the Parties in accordance with Applicable Laws. The Purchase Terms may be executed in one or more counterparts, each of which will be deemed to be an original copy of the Purchase Terms, and all of which, when taken together, will be deemed to constitute one and the same agreement.  Where the Mining Equipment is purchased online via the Platform, the Purchase Terms shall be deemed to be accepted by Purchaser at the time of Order and fully executed by the Parties upon Order Confirmation delivered to Purchaser by Master Mine.