Welcome to Sazmining, a website located at https://sazmining.com (the “Site”) and operated by Sazmining, Inc. (“Sazmining”, “us”, “our”, and “we”). Sazmining provides the Site and services provided through the Site (“Services”) including a sustainable Bitcoin mining platform.
You may not access or use the Services or accept the Terms if you are not at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. If you are not of the age of majority in your state or province of residence, you may not use our Services without the consent of your parent, guardian, caretaker or other individual able to provide consent to your use of the Services. If you are under the age of 16, you may not use our Services.
Our Site may provide informational and educational content and we do our best to provide you with truthful and accurate information. All content on this Site is for informational and educational purposes only, is general in nature, and under no circumstance does the content on our Site undertake to give advice for your particular situation. Site visitors are encouraged to do their own due diligence before purchasing the Services. In the event that you use the information provided through our Site or Services, we assume no responsibility for the personal outcomes it may generate, and User waives and releases Sazmining from any claims or damages related thereto.
We may include a contact form or chat feature on our Site that allows you to get in touch with us to inquire about our Services, provide feedback, or request collaborations. Our contact form or chat feature may ask for your personal information such as your name, email address, phone number, and reason for your inquiry.
Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) the email address associated with your Account is capable of receiving written notices required under these Terms. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with the Terms and Termination.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements, and User waives and releases Sazmining from any claims or damages related thereto.
Payment TermsPricing and Subscriptions. Certain aspects of the Services may be provided for a fee, subscription or other charge. Users can make purchases in USD, USDC, or BTC where indicated on the Site. One-time purchases will be charged at the time of the transaction. If you purchase a subscription from Sazmining, this subscription will automatically renew at the end of each billing cycle, at which point you will automatically be charged on your anniversary date for the next billing cycle. If you upgrade your subscription you will be prorated for the remainder of the billing cycle and you will be billed the full price of the upgraded subscription the following month. Sazmining may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms, except that changes in any monthly subscription or monthly service charge will take effect no less than fifteen (15) days after such change. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, disruption or discontinuance of the Services, and User waives and releases Sazmining from any claims or damages related thereto.Late Payment and Non-Payment. In the event you fail to timely pay Sazmining for amounts owed under these Terms within two (2) days following the payment due date shown on a billing statement, without limiting other available remedies, Sazmining may elect to have your transaction and/or block rewards redirected to Sazmining’s wallet until you have made payment of the entire overdue amount owed under these Terms. Upon receipt of your payment by Sazmining of the entire overdue amount owed under these Terms, including the late fee, Sazmining will, within a reasonable time, resume sending all future transaction and/or block rewards to your wallet. Users will be responsible for all transaction fees associated with redirecting transaction and/or block rewards associated with this Late Payment and Non-Payment Section of these Terms.In the event amounts owed under these Terms remain unpaid after ninety (90) days following the payment due date, without limiting other available remedies, User is deemed to be in default under these Terms and forfeits all User property to Sazmining and Sazmining will be considered the owner of all User property upon User’s default under these Terms.User deems this method of ensuring timely payment as reasonable and does not consider these Terms as a breach of any state or federal consumer protection laws.
Payments for Energy Consumption. You agree that if you engage the Service of our sustainable Bitcoin mining platform, in addition to any other applicable charges, subscriptions and/or fees, you will pay a flat monthly payment to be applied towards your total annual energy consumed to engage this Service. You further agree, that at the end of the annual billing cycle, after the application of all your monthly energy payments received by Sazmining within that annual billing cycle, you will pay any remaining amount due, or we will reimburse you for any overpayments, for actual energy you consumed for that annual billing cycle.
Payments for Maintenance and Repairs.
You agree that if you engage the Service of our sustainable Bitcoin mining platform, in addition to any other applicable charges, subscriptions and/or fees, you will pay a flat monthly maintenance fee (“Maintenance Fee”). The Maintenance Fee covers, includes and is limited to the following routine maintenance of User mining rig(s): cleaning, power cycling, and replacement as needed of fans, power supply units and control boards. All additional costs of repair and maintenance will be at the sole expense of User. There are no additional maintenance fees for the new facility in Paraguay.
Payment Information; Taxes. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases or transactions.
Chargebacks. If you have a dispute concerning any payment transaction, please contact us at firstname.lastname@example.org. If, at any time, you contact your bank or credit card company to reject the charge of any payable fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your User Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. We will not be liable for any loss of files, data or content as a result of a Chargeback, and User waives and releases Sazmining from any claims or damages related thereto. Without limiting other available remedies, you must pay Sazmining upon demand for amounts owed under these Terms, plus interest on the outstanding amount at the lesser of one percent (1%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
Cancellation. Users may cancel their Account or any paid Service at any time by following the instructions in your Account. All User cancellations are subject to the Term and Termination Section and User Property after Termination Section of these Terms. If you cancel Services that were a part of any automatic recurring subscription, those Services will terminate at the end of your current billing cycle. If you wish to cancel any Service before you are automatically charged for the next billing cycle, we recommend you take the steps necessary to cancel such Services no later than five (5) days before the end of the current billing cycle to allow enough time for the cancellation to process. NoticePrior to redirecting transaction and/or block rewards from User wallet or forfeiting User property, pursuant to these Terms, Sazmining shall deliver written notice to User by electronic mail. Notice is deemed received at the date and time the recipient’s server receives the electronic mail.
Waitlist & Waitlist Refund Policy
Users can join our waitlist for the cost indicated on our Site (“Waitlist Fee”). The Waitlist Fee is fully refundable (less any transaction costs associated with issuing the refund) if you opt out of purchasing a mining rig at any point up to the time the mining rig first becomes available to purchase (“Mining Rig Purchase Date”). Your Waitlist Fee will be forfeited if you fail to timely opt out of the waitlist by the Mining Rig Purchase Date”) or if you fail to purchase the mining rig within seventy two (72) hours of when it’s first available to purchase (“Mining Rig Purchase Window”). If you purchase the mining rig before the expiration of the Mining Rig Purchase Window, the Waitlist Fee will be applied towards your purchase.
Sazmining in its sole discretion can decide to issue a refund in USD, regardless of whether the user paid for such Services in BTC or USDC. If Sazmining issues a refund in BTC, the amount of BTC refunded will equal the Waitlist Fee (less any transaction costs associated with issuing the refund) on the date the refund is issued, regardless of the price of BTC when you initially joined our waitlist. You acknowledge and agree that because of the volatility in BTC pricing, you may receive a smaller quantity of BTC returned as a refund than the amount of BTC used to join our waitlist.
Sazmining Does Not Guarantee Results
Sazmining makes no representations about, and does not guarantee any results associated with Bitcoin mining. The profitability of Bitcoin mining activities depends on a variety of factors including but not limited to hash rate, block reward, mining difficulty, electricity cost, power consumption, mining pool fees, Bitcoin’s price, the lifespan of a mining rig (currently an average of 3-4 years), and difficulty increase. User acknowledges and agrees that these Terms, including all User obligations, remain valid and subsisting regardless of User profitability.
This Site may contain “forward-looking information” that is based on expectations, estimates and projections of the potential profitability of Bitcoin mining. Factors that could cause actual results to differ materially from those described in such forward-looking information include, but are not limited to risks related to regulatory restrictions, the Bitcoin market generally, and your ability to successfully mine Bitcoin.
You agree that Sazmining, its directors, officers, subsidiaries, affiliates, contractors, agents, employees, licensors, and/or third-party content providers will not be liable for any damages whatsoever (including indirect, incidental, special, punitive or consequential damages and loss of profits, opportunities or information) arising from your use of or reliance on information contained on this Site.
No Investment Advice
For the avoidance of doubt, Sazmining does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. Sazmining may provide educational information about Bitcoin mining, in order to assist users in learning more about Sazmining’s Services. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the Sazmining Site or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the Site's content as such.
Errors, Inaccuracies, Omissions
Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related Site is inaccurate at any time (including after you have submitted your order). If we cancel your order, we will provide you with information explaining the reason for canceling your order.
We undertake no obligation to update, amend or clarify information in the Services or the Site, including without limitation, pricing information, except as required by law.
Rights and Licenses
License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Services for your personal use.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to these Terms. All copyright and other proprietary notices on any Services content must be retained on all copies.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, except and if otherwise expressly set forth in these Terms, and User waives and releases Sazmining from any claims or damages related thereto.
No Site Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with your use of the Site. We do, however, have email and chat support.
Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in these Terms.
User Content. “User Content” means any and all information and content that a user submits to or posts on: (a) the Services and (b) on social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Services. You are solely responsible for the User Content that you make available via the Services. We reserve the right to remove any User Content from the Services at our discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Services, you agree as follows:
- You are solely responsible for your Account and the activity that occurs while signed in to or while using your Account;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
- You will abide by our Acceptable Use Policy below; and
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Services is solely your responsibility, and User waives and releases Sazmining from any claims or damages related thereto. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services.
License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. Your permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Services for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information or impersonate another person when registering an account;
- interfere or attempt to interfere with the proper functioning of the Services;- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- use the Site or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Services;
- bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;
- or publish or link to malicious content intended to damage or disrupt another user’s browser or computer.OFAC Compliance. You agree to allow Sazmining to periodically scan, from time-to-time in its sole discretion, incoming and outgoing addresses from the Bitcoin wallet associated with your Account (“your Wallet”) to ensure Office of Foreign Assets Control (“OFAC”) compliance. In the event Sazmining discovers a potential OFAC violation, Sazmining may freeze access to your Wallet and terminate your Account in accordance with these Terms and the Term and Termination section of these Terms.
Feedback. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.Relationship of Sazmining and User You expressly acknowledge and agree that your use of the Site and Services does not create a partnership, joint venture, agency relationship or association with Sazmining, or render Sazmining liable as a partner, co-venturer, principal or fiduciary. User PropertyMining rigs purchased by User on the Site are the exclusive property of User and Sazmining will provide you serial numbers associated with the mining rig(s) after purchase. You agree that by use of the Services you relinquish control of your property used as part of the Services to Sazmining, and expressly authorize Sazmining to locate, relocate, transport and repair your property at its sole discretion and at User’s sole expense. User expressly acknowledges and agrees that Sazmining shall retain, and User hereby grants to Sazmining, a security interest in all User property in order to secure User’s obligations under these Terms.User expressly acknowledges and agrees that all insurance obtained by Sazmining is solely for the benefit of Sazmining and does not cover User or any User property. User expressly acknowledges that mining rigs purchased on the Site are not insured against loss or damage by Sazmining and User is advised to obtain insurance at User’s sole expense covering its mining rig(s) to the extent User deems necessary.User expressly acknowledges and agrees that in the event of any transfer by operation of law, whether voluntary or involuntary, including but not limited to User death, bankruptcy or divorce, User property will remain subject to these Terms in the event of any such transfer or disposition of User property.Mining PoolUser acknowledges and agrees that Sazmining will direct all hashrate generated by User property to a mining pool of Sazmining’s choice. Sazmining will remit all transaction and/or block rewards to User on a monthly basis in proportion to the hashrate contributed to the mining pool by User property.Indemnity
YOU AGREE TO INDEMNIFY AND HOLD US (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) HARMLESS, INCLUDING COSTS AND ATTORNEY’S FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (a) YOUR USE OF THE SERVICES, (b) YOUR USER CONTENT, (c) YOUR VIOLATION OF THESE TERMS, OR (d) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS, IN EACH CASE EVEN IF SUCH ARE CONTRIBUTED TO OR CAUSED BY THE SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE NEGLIGENCE OR BREACH OF DUTY (STATUTORY OR OTHERWISE) OF US (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS), BUT EXCEPT AS MAY RESULT FROM OUR (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS), INTENTIONAL HARM, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.THIS INDEMNITY SECTION SHALL SURVIVE THE EXPIRATION OF THESE TERMS OR THE TERMINATION OR BREACH OF THESE TERMS BY ANY PARTY FOR ANY OR NO REASON.
Links to Other Sites and/or Materials
Third Party Sites, and Third-Party Content. As part of the Services, we may provide you with convenient links to third party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties such as applications, software, or content (collectively the “Third-Party Content”). Users may also include links to their website or other Third-Party Sites on their listings. These links are provided as a courtesy to Users. We have no control over Third-Party Sites and Third-Party Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Content. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Release. YOU RELEASE AND FOREVER DISCHARGE US (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM, AND WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER SERVICES AND/OR SITE USERS OR THIRD PARY SITES, AND THIRD PARTY CONTENT.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.
Sazmining makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this Site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL SAZMINING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID SAZMINING IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while you use the Services. In the event you engage the Service of our sustainable Bitcoin mining platform, you acknowledge and agree that the minimum term of this Service is one (1) year, and early termination will result in forfeiture of User Property as set forth in the User Property after Termination Section of these Terms. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of your User Content, and User waives and releases Sazmining from any claims or damages related thereto. Upon termination of these Terms, all of the provisions will terminate except those that by their nature should survive.User Property after Termination. In the event you engage the Service of our sustainable Bitcoin mining platform for less than a term of one (1) year and your use of this Service is terminated by User or Sazmining pursuant to these Terms, in addition to any other applicable charges, subscriptions and/or fees YOUR MINING RIG(S) PURCHASED ON THE SITE WILL BE FORFEITED TO SAZMINING. User acknowledges and agrees that title to User mining rig(s) purchased on the Site shall be deemed transferred to Sazmining upon the date of said forfeiture and User is not entitled to any refund for User property so forfeited. In the event you engage the Service of our sustainable Bitcoin mining platform for a minimum term of one (1) year, and your use of this Service is terminated by User or Sazmining pursuant to these Terms, in addition to any other applicable charges, subscriptions and/or fees, the following options are available to you regarding the disposition of your mining rig(s) purchased on the Site: User may direct Sazmining to dispose of or recycle the mining rig(s) upon payment by User of a fee of $200.00 per mining rig. User may fully release all ownership interest in and to the mining rig(s) to Sazmining.User may independently sell its mining rig(s) to a third-party. Sazmining will transfer ownership of the mining rig(s) to the third-party upon payment by User of a fee of $200.00 per mining rig. Under this option, the mining rig and third-party purchaser remain subject to these Terms regarding the Service of our sustainable Bitcoin mining platform and any such third-party purchaser shall evidence such acceptance of the Terms by executing an acknowledgment form which shall be provided by Sazmining.User may offer the mining rig(s) to Sazmining for purchase by Sazmining. Sazmining’s election to purchase the mining rig(s) offered by User is at the sole discretion of Sazmining.User can direct Sazmining to ship the mining rig(s) to User upon payment by User of a fee of $200.00 per mining rig and all associated shipping and insurance costs. This option is only available if the facility at which the mining rig(s) is located is within the same jurisdiction as User’s residence. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SAZMINING HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Sazmining agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Choice of Law. These Terms are made under and will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Agreement to Arbitrate. You and Sazmining each agree that any and all disputes or claims that have arisen or may arise between you and Sazmining relating in any way to or arising out of this or previous versions of these Terms, your use of or access to Sazmining 's Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Bethesda, Maryland, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to Arbitrate.
The arbitration will be conducted by JAMS Arbitration ("JAMS") under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court. You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Bethesda, Maryland.
Changes to Terms. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any significant changes to these Terms will be effective thirty (30) days after posting such notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changesSeverability. No determination by any court, governmental body or otherwise that any provision of these Terms is invalid or unenforceable in any instance shall affect the validity or enforceability of: (i) any other provision hereof; or (ii) that provision in any circumstance not controlled by the determination. Each such provision shall be valid and enforceable to the fullest extent allowed by and shall be construed wherever possible as being consistent with applicable law.
Copyright/Trademark Information. Copyright © 2022 Sazmining, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.