Terms & Conditions
Legal Information & Notices
You may use information on Octominer products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by OCTOMINER for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Use of the Site
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify OCTOMINER immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by OCTOMINER or any other user of or visitor to the Site due to someone else using your user ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s user ID, password or account at any time without the express permission and consent of the holder of that user ID, password or account. OCTOMINER cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under OCTOMINER’s control, and OCTOMINER is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Purchases & Other Terms and Conditions
OCTOMINER strives to communicate accurate pricing and product information but will not be held responsible for any errors or omissions in pricing and/or product information and/or product availability on this Site. OCTOMINER RESERVES THE RIGHT TO CHANGE PRICES FOR PRODUCTS DISPLAYED ON THE OCTOMINER SITE AT ANY TIME AND TO CORRECT ANY PRICING ERRORS THAT MAY OCCUR. OCTOMINER may make changes to any products or services offered on the Site, or the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and OCTOMINER makes no commitment to update the materials on the site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
- Sales & Refund Policy
- Shipping and Handling Policy
- Warranty Policy
- DOA & Returns Policy
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Disclaimers & Limitation of Liability
OCTOMINER DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OCTOMINER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OCTOMINER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OCTOMINER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OCTOMINER PRODUCTS AND/OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OCTOMINER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. OCTOMINER reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will OCTOMINER be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if OCTOMINER has been advised of the possibility of such damages.
You agree to indemnify and hold OCTOMINER, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against OCTOMINER by any third party due to or arising out of or in connection with your use of the Site.
Governing Law & Dispute Resolution
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between OCTOMINER and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
OCTOMINER administers and operates the octominer.eu Site from its location in Shenzhen, P.R. of China. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use. OCTOMINER reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations in your legal jurisdiction.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential and OCTOMINER shall be free to use such information on an unrestricted basis.