Terms and Conditions
1. Introduction
Welcome to EndlessMining.com. These Terms and Conditions (“Terms”) govern your access to and use of our website and services. By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our website.
2. Services
EndlessMining.com provides a marketplace for cryptocurrency and blockchain technology mining equipment and related services. Our offerings include, but are not limited to, the sale, leasing, and hosting of cryptocurrency miners, GPUs, peripherals, mining rigs, hosting facilities, hosting services, transformers, and other equipment commonly used for cryptocurrency mining, artificial intelligence (AI), or blockchain technology. We also offer broker and escrow services between buyers and sellers, facilitating transactions business-to-business, business-to-consumer, consumer-to-business, and consumer-to-consumer.
3. Eligibility
You must be at least 18 years old to use our services. By using our website, you represent and warrant that you meet this age requirement.
4. Account Registration
To access certain features of our website, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and agree not to disclose it to any third party. You must notify us immediately of any unauthorized use of your account
5. Purchases and Payments
All purchases made on EndlessMining.com are subject to our payment terms. We accept various forms of payment as specified on our website. You agree to pay all charges incurred by you or on your behalf through your account at the prices in effect when such charges are incurred. All payments must be made in the specified currency and payment methods. We reserve the right to charge additional fees for using payment methods that incur fees on our end, such as credit card and PayPal transactions.
6. Shipping and Delivery
Most products will be shipped directly from the manufacturers or sellers, which may be located overseas. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Risk of loss and title for products pass to you upon delivery to the carrier.
7. Returns and Refunds
All sales are final. We do not accept returns or offer refunds for any products, except as required by law. Due to the high volatility of the market, we cannot accept returns or refunds even if the products arrive damaged. Prices for equipment such as the S19 and S21 miners can vary greatly depending on the price of the cryptocurrency being mined, such as Bitcoin, and the current profitability of that equipment on any given day. Therefore, similar to commodities like gold, which are subject to market volatility, our products cannot be returned or refunded.
8. Warranty and Disclaimer
Our products are covered by the manufacturer’s warranty, if any. We do not provide any additional warranties. Our website and services are provided “as is” without any warranties of any kind, either express or implied. We do not guarantee that our services will be uninterrupted or error-free.
9. Limitation of Liability
To the fullest extent permitted by law, EndlessMining.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the website; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from our website; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our website by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website. In no event shall EndlessMining.com’s total liability to you for all claims exceed the amount paid by you to EndlessMining.com in the past twelve months, if any.
10. Product Disclaimer and Assumption of Risk
Cryptocurrency mining involves significant risks, including but not limited to fluctuating prices, regulatory changes, and varying profitability. By purchasing products from EndlessMining.com, you acknowledge that you have conducted sufficient research and understand these risks. EndlessMining.com is not responsible for any loss of profitability or financial losses that may result from your use of our products. You agree that you are purchasing our products at your own risk and that there is a potential to lose 100% of the money you invest.
11. Testing and Maintenance
Testing and Maintenance: EndlessMining.com reserves the right to operate and test cryptocurrency mining equipment under the following circumstances:
Initial Testing: Upon receipt of the equipment, we may perform initial tests to ensure the miner is functioning correctly.
Ongoing Maintenance: Regular maintenance and testing may be conducted to ensure optimal performance and functionality of the miners.
Default Situations: In cases where the client is in default of their payment or contractual obligations, EndlessMining.com reserves the right to operate the miners until the issue is resolved.
Temporary Use: We reserve the right to use the miners temporarily for our own operations during testing and maintenance periods. This usage is limited to ensuring the equipment’s proper functioning and does not affect the client’s ownership.
Liability: The client agrees that EndlessMining.com is not responsible for any potential loss of mining profitability or any damage incurred during these testing and maintenance periods.
Compliance: All testing and maintenance activities will comply with industry standards and manufacturer guidelines to ensure the integrity and longevity of the equipment.
12. Marketplace and Brokerage Disclaimer
EndlessMining.com acts primarily as a marketplace and broker for the sale of cryptocurrency and blockchain technology mining equipment and related services. We facilitate transactions between manufacturers, sellers, and clients, but do not take ownership of the products at any time. EndlessMining.com is not responsible for the quality, safety, legality, or any other aspect of the products or services provided by third parties. Any disputes arising from purchases are to be resolved between the buyer and the seller or manufacturer directly.
Release of Liability Agreement
Release from Liability During Hosting and Mining Operations
By sending cryptomining equipment to EndlessMining, LLC or any of its affiliates, related entities, facility owners, or associated persons (“EndlessMining Parties”) for hosting, repair, RMA, or any related service, the Owner agrees to release and hold harmless the EndlessMining Parties from any and all liability, claims, or damages related to the equipment’s operation. This includes, but is not limited to, the equipment’s breakdown or malfunction during its mining operations at any of the EndlessMining Parties’ facilities. The EndlessMining Parties reserve the right to continue operating the equipment at their discretion for purposes including, but not limited to, testing, recovery of unpaid hosting fees, or ensuring smooth operational continuity. The Owner waives any right to claim damages or hold the EndlessMining Parties liable for any equipment breakdown, malfunction, or loss incurred during this period.
Owner’s Obligation for Equipment Maintenance and Fees
If the Owner requests that the mining equipment be deactivated, the Owner acknowledges that they may be forfeiting their security deposit or must choose an alternative option provided by the EndlessMining Parties, such as paying a storage fee. The EndlessMining Parties may offer a clause to pause mining operations under specific conditions, which will include a storage fee to cover electricity and maintenance costs. If no response is received from the Owner within the specified timeframe, the EndlessMining Parties reserve the right to continue mining on the equipment to cover hosting and electricity costs. The Owner accepts responsibility for any consequences, including equipment damage or breakdown, resulting from this default operation decision.
Release from Future Claims
The Owner hereby releases, waives, and discharges the EndlessMining Parties from any and all past, present, and future claims, demands, damages, or causes of action of any kind, related to or arising from the equipment’s operation, condition, or breakdown while in the custody or under the operation of any of the EndlessMining Parties. This release is binding regardless of any claims related to the equipment’s mining activities under any pool managed by the EndlessMining Parties or any other circumstances, including those where the Owner has requested deactivation and the equipment was not deactivated due to their delayed communication or for any other reason deemed necessary by the EndlessMining Parties.
No Liability for Equipment Breakdown
The EndlessMining Parties shall not be held liable for any equipment breakdowns, malfunctions, or damages at any time, under any circumstances, including but not limited to instances where the equipment is operated for testing purposes, recovery of hosting fees, or any other operational reasons deemed necessary by the EndlessMining Parties. The Owner fully acknowledges and agrees that mining equipment is subject to potential breakdowns, and they assume all risks associated with its use, whether the equipment is actively mining or not.
Transfer of Liability Upon Shipment for Repair/RMA
When the mining equipment is sent by the EndlessMining Parties to third-party vendors for repair, RMA, or any related service, the Owner agrees that the EndlessMining Parties bear no responsibility for the condition, performance, or any malfunctions of the equipment during or after the repair/RMA process. Upon shipment of the equipment back to the Owner or their designated recipient, all responsibility and liability transfer fully to the Owner. The EndlessMining Parties shall bear no responsibility for any damages, losses, or equipment malfunctions that may occur during or after shipping. The Owner acknowledges and agrees that they assume all risks associated with the use, condition, and performance of the equipment once it has left the premises of any of the EndlessMining Parties.
Hold Harmless Agreement
The Owner agrees to indemnify, defend, and hold harmless the EndlessMining Parties from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising out of or related to the Owner’s equipment, including but not limited to claims of unauthorized mining, equipment damage, or loss of profits. This indemnification applies to any claims made before, during, and after the equipment’s service period at any of the EndlessMining Parties’ facilities, and while the equipment is in transit for repair or RMA.
Storage Fees and Default Mining Operation
If the Owner does not provide a response within the specified timeframe to a request to deactivate or store the equipment, the EndlessMining Parties reserve the right to continue mining on the equipment as the default option to cover ongoing hosting and electricity costs. The Owner agrees to pay the applicable fees, which may include storage fees, to pause or deactivate mining operations. If the Owner fails to pay these fees, the EndlessMining Parties may utilize the equipment for mining operations until the balance is cleared.
Acceptance of Terms
By providing equipment to any of the EndlessMining Parties for any purpose, the Owner acknowledges that they have read, understood, and agreed to the terms outlined in this Release of Liability Agreement. These terms are legally binding and constitute the entire agreement between the parties regarding the release of liability for the mining equipment.
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the state where EndlessMining, LLC is incorporated, without regard to its conflict of law principles. Any legal proceedings arising from this agreement shall be conducted in the jurisdiction of the state where EndlessMining, LLC is incorporated.
13. Intellectual Property
All content on our website, including but not limited to text, graphics, logos, and images, is the property of EndlessMining.com or its content suppliers and is protected by international copyright laws. Unauthorized use of any content may violate copyright, trademark, and other laws. You may not use any of our trademarks without our prior written permission.
14. Privacy
Your use of our website is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices. By using our website, you consent to the collection and use of your information as outlined in our Privacy Policy.
15. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Maryland and federal laws of the United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Maryland for the resolution of any disputes.
16. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
17. Contact Us
If you have any questions about these Terms, please contact us at sales@endlessmining.com.
18. Indemnification
You agree to indemnify, defend, and hold harmless EndlessMining.com, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to or use of the website; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (iv) any claim that your use of the website caused damage to a third party.
19. No Warranty as to Accuracy
While we strive to provide accurate and up-to-date information on our website, we do not warrant that the information provided is accurate, complete, reliable
20. User Conduct
You agree to use our website and services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the website and services. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.
21. Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any user content for any or no reason at our sole discretion.
Take any action with respect to any user content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website and services, or could create liability for EndlessMining.com.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website and services.
Terminate or suspend your access to all or part of the website and services for any or no reason, including without limitation, any violation of these Terms.
22. Third-Party Links
Our website may contain links to third-party websites or services that are not owned or controlled by EndlessMining.com. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that EndlessMining.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
23. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect.
24. Entire Agreement
These Terms constitute the entire agreement between you and EndlessMining.com with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
25. Data Protection and GDPR Compliance
We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR). For more information, please review our Privacy Policy.
26. Hosting Services Disclaimer and Limitation of Liability
EndlessMining.com provides hosting services for cryptocurrency mining equipment. While we strive to ensure optimal performance and uptime for our hosting facilities, we do not guarantee uninterrupted or error-free service. By using our hosting services, you acknowledge and agree to the following:
No Guarantee of Uptime: EndlessMining.com does not guarantee 100% uptime for its hosting services. There may be periods of downtime for maintenance, upgrades, or unforeseen issues. We will make reasonable efforts to inform clients of scheduled maintenance, but we are not liable for any losses incurred due to service interruptions.
Limitation of Liability: To the fullest extent permitted by law, EndlessMining.com shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of the hosting services; (ii) any unauthorized access to or use of our hosting facilities and/or any personal information stored therein; (iii) any interruption or cessation of hosting services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our hosting services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the hosting services.
Data Loss and Security: EndlessMining.com is not responsible for any data loss or security breaches that may occur while using our hosting services. It is your responsibility to ensure that your data is backed up and secured.
Maintenance and Upgrades: EndlessMining.com reserves the right to perform maintenance and upgrades to its hosting facilities as needed. We will make reasonable efforts to schedule maintenance during off-peak hours and to notify clients in advance. However, we are not liable for any losses incurred due to maintenance or upgrades.
Assumption of Risk: By using our hosting services, you acknowledge and accept the risks associated with cryptocurrency mining, including but not limited to fluctuating prices, regulatory changes, and potential profitability losses. EndlessMining.com is not responsible for any financial losses resulting from the use of our hosting services.
Indemnification: You agree to indemnify, defend, and hold harmless EndlessMining.com, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your use of the hosting services.
27. Force Majeure
EndlessMining.com shall not be liable for any failure to perform its obligations under these Terms and Conditions where such failure results from any cause beyond EndlessMining’s reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, strikes, labor disputes, government regulations, natural disasters, or any other force majeure event. In the event of such an occurrence, the performance of EndlessMining.com’s obligations will be suspended for the duration of the force majeure event.
