Effective Date: February 1, 2012
YOU ARE ADVISED TO CAREFULLY REVIEW THIS AGREEMENT BEFORE USING THE WEBSITE. YOU HAVE A DUTY TO READ THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE PROHIBITED FROM USING THE WEBSITE AND YOU MUST CEASE YOUR USE OF THE WEBSITE IMMEDIATELY.
BIT BROKERS RESERVES THE RIGHT TO CHANGE, MODIFY, REPLACE, AMEND, OR SUBSTITUTE THE TERMS OF THIS AGREEMENT AT ANY TIME AND IN ITS SOLE DISCRETION. IN THE EVENT BIT BROKERS CHANGES, MODIFIES, AMENDS, OR REPLACES THE TERMS OF THIS AGREEMENT, YOUR CONTINUED USE OF THE WEBSITE AFTER SUCH CHANGE, MODIFICATION, REPLACEMENT, AMENDMENT, OR SUBSTITUTION CONSTITUTES YOUR MANIFESTATION OF ASSENT TO SAID CHANGE, MODIFICATION, REPLACEMENT, AMENDMENT, OR SUBSTITUTION.
YOU UNDERSTAND AND AGREE THAT BIT BROKERS DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND ITS ASSOCIATED PRODUCTS OR SERVICES.
1. Competency and Capacity to Contract. You warrant that you are over the age of eighteen (18) and are fully capable and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties contained in this Agreement. You agree to be bound by and abide by the terms of this Agreement. Use of the Website outside of the terms of this Agreement is void where prohibited.
1. Limited License. The Website is the property of Bit Brokers and is protected by all applicable laws, intellectual property or otherwise. The Website may not be used, modified, copied, distributed, framed, reproduced, crawled, aggregated, reverse engineered, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Bit Brokers. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with Bit Brokers’ robots.txt file.
Bit Brokers hereby grants you a limited, non-exclusive, non-sub licensable, royalty free, non-assignable, and revocable license to use the Website for your personal and non-commercial use. You are expressly prohibited from reproducing, modifying, distributing, publishing, licensing, creating derivative works of, selling, publicly displaying, or publicly performing the Website outside of the uses expressly stated in this Agreement.
You understand and agree that you will not use the trademarks, service marks, designs, or logos of Bit Brokers, or any coable imitation thereof, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of Bit Brokers.
You hereby provide Bit Brokers with a non-exclusive, irrevocable, sublicensable, worldwide, perpetual, and royalty-free license to use any and all content that you submit to the Website, including but not limited to text, comments, and data, so that your content may be used for the purposes of the Website. The purposes of the Website include but are not limited to the sale of the Bit Brokers products. You warrant that any content that you submit to the Website will not infringe upon the rights of third parties, including but not limited to copyright rights, trademark rights, patent rights, trade secret rights, rights to privacy or publicity, or other personal or proprietary rights. You also warrant that your content will not contain harassing or defamatory material or any other violation of any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You understand and agree that you will not interrupt the operation of, monitor, access, copy, acquire, or mine any portion of the Website by automated means, whether by robot, scraper, spider, or otherwise. You further understand and agree that you are expressly prohibited from attempting to gain unauthorized access to any page, feature, or account contained within or associated with the Website. You agree that you will not undertake any action that may deny other users access to the Website or subject the Website to an unreasonable traffic load, including but not limited to denial of service attacks. You agree that you will not attempt to hide or conceal your identity or impersonate others while using the Website, including but not limited to through your use of proxy servers, forged packet headers, or forged IP addresses.
1. User Submissions and License Grant. You agree that anything submitted to or through the Website, including without limitation questions, comments, suggestions, ideas, plans, notes, drawings, or other materials or information, whether via email or contact form or other posting, shall be deemed non-confidential. User hereby grants Bit Brokers a perpetual, non-exclusive, non-revocable license to use any user submission, in whatever form, for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
1. Quotes, Shipping, Payment, and Taxes. Any quote provided by Bit Brokers is subject to change until completion of your order. Your order is subject to acceptance or cancellation by Bit Brokers, in its sole and absolute discretion.
Unless stated otherwise, all product sales are made F.O.B. point of shipment, with the risk of loss or damage passing to you upon delivery to the common carrier at the point of shipment. You understand and agree that Bit Brokers will not be held responsible for the confiscation of goods or services purchased through the Website by any governmental body or agency and that no refunds will be issued. You understand that Bit Brokers cannot control the length of time of any delays that are caused by customs or any other governmental body, and you agree to hold Bit Brokers harmless for any such delays.
Bit Brokers will charge your payment method upon your placing of an order. All fees are quoted and payable in United States Dollars, and include all duties, levies, or any similar charges but shall exclude VAT or equivalent sales or use tax. You understand and agree that you are responsible for payment of all taxes, custom duties, and regulations, including without limitation import or export duties, sales, use, value added, and excise taxes that may apply to goods or services viewed on the Website for which you may purchase after contacting Bit Brokers for a quote.
Bit Brokers will not accept returns or exchanges unless an item is defective. A defective item will be defined as an item that has a defect in construction. To return a defective item you must first contact Bit Brokers’ customer service and obtain written approval for a return of any defective item to Bit Brokers. Within a reasonable time after the receipt of the defective item, Bit Brokers will, within its sole and absolute discretion, credit you with the amount of the item or provide you with a replacement item. Bit Brokers will not refund your costs to ship the defective item back to Bit Brokers.
You agree that you will not initiate any chargebacks to Bit Brokers unless otherwise authorized by Bit Brokers in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Bit Brokers.
Bit Brokers reserves the right to modify the price charged for any product or service offered through the Website at any time and in its sole and absolute discretion.
1. Third Party Content. The Website may contain links to third party content and websites that are not owned or controlled by Bit Brokers. You acknowledge and agree that Bit Brokers is not responsible and cannot be held liable for third party content and Websites.
1. Other Terms and Conditions. Additional terms and conditions may apply to your purchase of goods or services through the Website. You agree to be bound by and abide by any such additional terms or conditions. In the event there is a conflict between any additional terms and conditions applicable to your purchase of goods or services through the Website, those terms or conditions shall be controlling with respect to your purchase.
1. Limitation of Liability and Disclaimer of Warranties. THE WEBSITE IS PROVIDED BY BIT BROKERS ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, EFFORT TO ACHIEVE PURPOSE, QUALITY, ACCURACY, NON-INFRINGEMENT, AND TITLE. YOU AGREE THAT ANY ATTEMPT BY BIT BROKERS TO MODIFY THE WEBSITE WILL NOT BE DEEMED A WAIVER OF THIS LIMITATION OF LIABILITY AND THAT ANY OF BIT BROKERS’S WARRANTIES WILL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
THE WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. BIT BROKERS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, INCLUDING WITHOUT LIMITATION BIT BROKERS’ ONLINE INVENTORY SYSTEM, OR THE RELIABILITY OF ANY STATEMENT OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE WEBSITE. BIT BROKERS MAY MAKE CHANGES TO ITS ONLINE INVENTORY SYSTEM, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF GOODS LISTED THEREIN, AT ANY TIME WITHOUT NOTICE.
YOU HEREBY UNDERSTAND AND AGREE THAT BIT BROKERS WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY AND ALL DAMAGES THAT ARISE OUT OF THE USE AND LICENSE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT BIT BROKERS WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT PAID FOR THE WEBSITE, PRODUCT, OR SERVICE, AND IN NO CASE WILL THAT AMOUNT EXCEED $1,000. IF NO AMOUNT IS PAID BY YOU TO BIT BROKERS, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES OR LIMITATIONS OF IMPLIED WARRANTIES. IF YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES OR LIMITATIONS OF IMPLIED WARRANTIES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE.
1. Indemnification. You understand and agree that you will hold harmless and indemnify Bit Brokers, including its members, agents, affiliates, successors, assigns, and employees, from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to attorneys’ fees, that arise from your use or access of the Website, your violation of this Agreement, your purchase or use of products or services from Bit Brokers, your violation of the rights of a third party, including but not limited to intellectual property rights, or your violation of any applicable law, statute, regulation, treaty, or ordinance, whether local, state, provincial, national, or international. This obligation to hold harmless and indemnify will survive the failure or termination of this Agreement, your use of the Website, or your purchase and use of any products or services provided by Bit Brokers.
1. Assignment. You understand and agree that you may not assign your rights or obligations under this Agreement. Bit Brokers may assign its rights and duties under this Agreement at any time, including but not limited to in a sale of the Website and its associated content by Bit Brokers
1. Additional Terms and Conditions. You understand and agree that Bit Brokers and the Website are located in the State of Illinois for all legal and non-legal purposes. You also agree that the Website is a passive website and that the Website does not give rise to personal jurisdiction over Bit Brokers in states other than the State of Illinois. This Agreement will be governed by and interpreted under the laws of the State of Illinois without regards to its conflicts of laws principles. Any dispute that arises out of or in relation to this Agreement or your use of the Website will be decided exclusively by arbitration.
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
YOU AND BIT BROKERS BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Bit Brokers makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the Website materials, including without limitation products listed therein, in violation of United States export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.
All rights not expressly granted herein are reserved to Bit Brokers.
These terms are subject to enforcement by the Internet lawyers of Traverse Legal, PLC.
All Right Reserved 2019 Bit Brokers International, Ltd.