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Manifold Miner Terms of Use

Last Revised: November 6, 2019

Welcome to the Manifold Mining and/or its affiliates ("Manifold Mining") provided website (the “Website”), which features certain products and services.  When you visit or do business at the Website, use Manifold Mining products or services, use Manifold Mining applications for mobile devices, or use software provided by Manifold Mining in connection with any of the foregoing (collectively, "Manifold Mining Services"), you agree to be subject to the conditions below.  Please Read them carefully. We offer certain Manifold Mining Services. Additional terms may apply.

By using Manifold Mining Services, you agree to these conditions:

Manifold Mining provides information and material of a general nature. You are not authorized and nor should you rely on the Website for legal advice, business advice, or advice of any kind. You act at your own risk in reliance on the contents of the Website. Should you make a decision to act or not act you should contact a licensed attorney in the relevant jurisdiction in which you want or need help. In no way are the owners of, or contributors to, the Website responsible for the actions, decisions, or other behavior taken or not taken by you in reliance upon the Website.

Manifold Mining is not responsible for any losses, damages or claims arising from financial transactions via the Website. Manifold Mining cannot guarantee that users will not lose money.

You agree that you are solely responsible for tax matters related to their use of the Website.

The Website is provided on an “as is” basis without any warranties of any kind regarding the Website and/or any content, data, materials and/or services provided on the Website.

I. PRIVACY

Manifold Mining knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly.

If you have an account with Manifold Mining, information gathered by Manifold Mining, may be correlated with any personally identifiable information that Manifold Mining has and used by Manifold Mining to improve the services we offer.

You also acknowledge and agree that you have reviewed the Website’s Privacy Policy and agree to its provisions.

II. ELECTRONIC COMMUNICATIONS

When you use any Manifold Mining Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from Manifold Mining electronically. Manifold Mining will communicate with you by e-mail or by posting notices on this site or through the other Manifold Mining Services. You agree that all agreements, notices, disclosures and other communications that Manifold Mining provides to you electronically satisfy any legal requirement that such communications be in writing.

 

III. COPYRIGHT

All content included in or made available through any Manifold Mining Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Manifold Mining or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Manifold Mining Service is the exclusive property of Manifold Mining protected by U.S. and international copyright laws.  Those purchasing Manifold Mining Services and receiving application software shall have a license to use such software on electronic devices.  All other rights are reserved. No part of such application software may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission Manifold Mining, except in the case of certain uses permitted by copyright law. For permission requests, e-mail Manifold Mining.

IV. TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Manifold Mining Service are trademarks or trade dresses of Manifold Mining. Manifold Mining's trademarks and trade dresses may not be used in connection with any product or service that is not Manifold Mining's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Manifold Mining. All other trademarks not owned by Manifold Mining that appear in any Manifold Mining Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Manifold Mining.

V. LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Manifold Mining or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Manifold Mining Services. This license does not include: any resale or commercial use of any Manifold Mining Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Manifold Mining Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

You may view the Website and its contents using a web browser or other software specifically provided by Manifold Mining to access the Website. You may make copies of portions of the Website solely for your own personal use (information, research or study) provided that you do not modify the copy from how it appears on the Website and that you include any copyright notice that appears with the material you are copying, on the copy that you make.

You promise to keep any application software in the form in which it was supplied to you.  You promise not to circumvent any measures that we have taken to protect the rights in any software that is supplied via Manifold Mining, including removing information or otherwise facilitating an infringement of copyright.  You promise not to compromise the integrity of Manifold Mining’s software or systems ie, you promise not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any of the software that Manifold Mining may supply to you.

All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Manifold Mining or its licensors, suppliers, publishers, rights holders, or other content providers. No Manifold Mining Service, nor any part of any Manifold Mining Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Manifold Mining. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Manifold Mining without express written consent. You may not use any meta tags or any other "hidden text" utilizing Manifold Mining's name or trademarks without the express written consent of Manifold Mining. You may not misuse the Manifold Mining Services. You may use the Manifold Mining Services only as permitted by law. The licenses granted by Manifold Mining terminate if you do not comply with these Terms of Use or any Service Terms.

VI. YOUR ACCOUNT

You may need your own account to use certain Manifold Mining Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.  

If you use any Manifold Mining Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  Manifold Mining reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

VII. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

The Website might allow visitors may post reviews, comments, photos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Manifold Mining reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Manifold Mining a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Manifold Mining and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Manifold Mining for all claims resulting from content you supply. Manifold Mining has the right but not the obligation to monitor and edit or remove any activity or content. Manifold Mining takes no responsibility and assumes no liability for any content posted by you or any third party.

 

VIII. COPYRIGHT COMPLAINTS

Manifold Mining respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Manifold Mining via the Website.

IX. DESCRIPTIONS

Manifold Mining attempts to be as accurate as possible. However, Manifold Mining does not warrant that product or service descriptions or other content of any Manifold Mining Service is accurate, complete, reliable, current, or error-free. If a product or service offered by Manifold Mining itself is not as described, your sole remedy is to return it in unused condition.

X, Manifold Mining SOFTWARE TERMS

One or more patents owned or licensed by Manifold Mining apply to the Website and its processes.  

XI. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE Manifold Mining SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Manifold Mining SERVICES ARE PROVIDED BY Manifold Mining ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Manifold Mining MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Manifold Mining SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Manifold Mining SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Manifold Mining SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Manifold Mining DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Manifold Mining DOES NOT WARRANT THAT THE Manifold Mining SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Manifold Mining SERVICES, Manifold Mining'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Manifold Mining ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Manifold Mining WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Manifold Mining SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Manifold Mining SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

XII. DISPUTES

Any dispute or claim relating in any way to your use of any Manifold Mining Service, or to any products or services sold or distributed by Manifold Mining will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial. You also agree that suit may be brought in court to enjoin infringement or other misuse of intellectual property rights. For any such suit, you consent to the jurisdiction of the state and federal courts located in Roanoke, Virginia.

XIII. APPLICABLE LAW

By using any Manifold Mining Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Manifold Mining.

XIV. SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review any other policies posted on this site. These policies also govern your use of Manifold Mining Services. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

XV.  HELP AND SUPPORT

Contact us for help and support on our website.

Additional Manifold Mining Software Terms

  1. Use of the Manifold Mining Software. You may use Manifold Mining Software solely for purposes of enabling you to use and enjoy the Manifold Mining Services as provided by Manifold Mining, and as permitted by the Terms of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Manifold Mining Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Manifold Mining Software or otherwise assign any rights to the Manifold Mining Software in whole or in part. You may not use the Manifold Mining Software for any illegal purpose. We may cease providing any Manifold Mining Software and we may terminate your right to use any Manifold Mining Software at any time. Your rights to use the Manifold Mining Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Manifold Mining Software that are specifically identified in related documentation may apply to that Manifold Mining Software (or software incorporated with the Manifold Mining Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any Manifold Mining Service is the property of Manifold Mining or its software suppliers and protected by United States and international copyright laws.

  2. Use of Third Party Services. When you use the Manifold Mining Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Manifold Mining Software, whether in whole or in part, or create any derivative works from or of the Manifold Mining Software.

  4. Updates. In order to keep the Manifold Mining Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

  5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Manifold Mining Software. If you are a U.S. Government end user, we are licensing the Manifold Mining Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Manifold Mining Software are the same as the rights we grant to all others under these Terms of Use.

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