Terms of Use

These Terms of Use (these “Terms”) are a binding agreement between you (and any organization on whose behalf you access the Site) and Bitmine Immersion Technologies, Inc., a Delaware corporation (NYSE: BMNR) (“Bitmine,” “we,” “us,” or “our”). Bitmine is the world’s largest Ethereum digital asset treasury company and operates the website located at www.bitminetech.io and associated subdomains, other than any subdomain or page that posts its own terms or privacy notice (together, the “Site”).

By accessing or using the Site, you accept these Terms, the Privacy Policy, and the Disclaimers, each of which is posted on the Site and incorporated into these Terms by reference. If you do not agree, do not access or use the Site.

The Site is informational. Content about the Services described in Section 3, including the MAVAN pages, is intended only for institutional and professional users. You may use the Site only if you are at least 18 years of age and have the legal capacity to enter into these Terms. If you access the Site on behalf of an organization, you represent that you are authorized to bind that organization, and “you” includes that organization.

You are responsible for ensuring that your access to and use of the Site is lawful in your jurisdiction.

The content made available on the Site (the “Content”) is provided for general information only. The Content is not investment, legal, tax, accounting, or financial product advice, and it is not a recommendation to stake, delegate, buy, sell, or hold any digital asset or other asset.

The Content does not constitute an offer to sell, or a solicitation of an offer to buy, any security, commodity interest, digital asset, or other financial product or service, in any jurisdiction in which such an offer or solicitation would be unlawful.

Nothing on the Site, and no use of the Site, creates any advisory, fiduciary, brokerage, custodial, agency, or client relationship between you and Bitmine or any of its subsidiaries or affiliates.

The Disclaimers contain jurisdiction-specific notices, including for United States recipients, and form part of these Terms.

The Site may describe non-custodial staking and related infrastructure services provided by subsidiaries of Bitmine, including MAVAN Holdings LLC, MAVAN, Inc., and MAVAN Services Pty Ltd (ACN 647 661 952) (each a “MAVAN entity,” and those services, the “Services”).

The Services are provided only under a separate written agreement between the relevant MAVAN entity and its client. Nothing on the Site constitutes or forms part of any such agreement, creates any commitment by any MAVAN entity to provide the Services, or creates any commitment by you to obtain them. If there is any conflict between these Terms and an agreement described in this Section 3.2, that agreement prevails with respect to the Services.

The Services are non-custodial. No member of the Bitmine group takes possession, custody, or control of client assets or private keys through the Site.

The Site and the Content, including text, graphics, logos, designs, software, data, and their selection and arrangement, are owned by or licensed to Bitmine or its subsidiaries and are protected by copyright, trademark, and other intellectual property laws.

Bitmine grants you a limited, revocable, non-exclusive, non-transferable license to access and view the Content for your internal informational purposes. No other right or license is granted.

You may not, without Bitmine’s prior written consent:

1. (a)scrape, harvest, or collect data from the Site by automated means;
2. (b)attempt to interfere with or compromise the Site’s integrity or security or decipher any transmissions to or from the services running the Site;
3. (c)transmit, publish, or otherwise attempt to make available invalid data, viruses, worms, or other software agents through the Site;
4. (d)copy, reproduce, redistribute, republish, frame, or mirror the Content; or
5. (e)use any trademark of the Bitmine group.

Bitmine respects the intellectual property rights of others. If you believe that any Content on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) to us at legal@bitminetech.io. Your notification must include: (i) a description of the copyrighted work you claim has been infringed; (ii) identification of the allegedly infringing material and its location on the Site; (iii) your contact information; (iv) a statement that you have a good faith belief that the use is not authorized; and (v) a statement, under penalty of perjury, that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner.

The Site may contain links to third-party websites, platforms, and resources. These are provided for convenience only. Bitmine does not endorse and is not responsible for third-party content, products, services, or privacy or security practices, and you access them at your own risk.

The Site uses cookies, pixels, and similar technologies as described in the Privacy Policy. Where consent is required, we ask for it through the cookie banner, and you can change your choices at any time through the Cookie Preferences link in the Site footer.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND TIMELINESS. BITMINE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) NEITHER BITMINE NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, DIGITAL ASSETS, OR STAKING REWARDS, ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF BITMINE AND ITS SUBSIDIARIES AND AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud. Section 7.1 does not apply to liability arising under an agreement described in Section 3.2, which is governed by that agreement.

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Bitmine, its subsidiaries and affiliates, and their respective directors, officers, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Site or the Content; (b) your breach of these Terms; or (c) your violation of applicable law.

Bitmine may modify, suspend, or discontinue the Site or any part of it at any time without notice or liability.

Bitmine may revise these Terms at any time by posting an updated version on the Site with a revised effective date. Changes are effective when posted. Your continued use of the Site after posting constitutes acceptance of the revised Terms.

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Site, are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

Any such dispute will be brought exclusively in the state or federal courts located in the State of Delaware. Each party irrevocably submits to the exclusive jurisdiction of, and venue in, those courts and waives any objection on the grounds of inconvenient forum.

If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in full force.

These Terms, together with the Privacy Policy and the Disclaimers, are the entire agreement between you and Bitmine regarding use of the Site and supersede prior understandings on that subject. Agreements described in Section 3.2 govern the Services.

Bitmine’s failure to enforce any provision of these Terms is not a waiver of that provision.

Legal notices to Bitmine must be sent to Bitmine Immersion Technologies, Inc., Attn: Legal, 800 Connecticut Ave, Norwalk, CT, 06854, or by email to legal@bitminetech.io.

Questions about these Terms or the Site may be sent to legal@bitminetech.io.