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Terms and Conditions

Last Updated: February 19, 2012

 

1. In General. Access to and use of the Mine for Nine website (the "Website") and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By accessing the Website and using the Services, you are agreeing to the Terms of Service, as may be updated by us from time to time. If you do not agree to these Terms of Service, you must exit the Website. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Your continued use of the Website and/or the Services following the posting of revised Terms of Service means that you accept and agree to the changes.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable to you if for any reason this Website and/or the Services are unavailable at any time or for any period of time. From time to time, we may restrict access to some parts or all of this Website.

This Website also contains links to other websites, which are not operated by Mine for Nine, LLC (the "Linked Sites"). Mine for Nine has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such Linked Site.

2. Privacy Policy. Our Privacy Policy, www.minefornine.com/privacy-policy, sets out how we will use your information. By accessing and/or using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. 

3. Prohibitions. You must not misuse this Website. You will not (and you will not encourage any third party to): (i) access or use the Website and/or the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Terms of Service and our Privacy Policy; (ii) attempt to disrupt the operation of the Website and/or the Services through use of methods such as a virus, trojan, worm, logic bomb, denial of service attacks, flooding spamming; (iii) post any material on the Website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; (iv) attempt, though any means to gain unauthorized access to the Website and/or Services and/or any computer systems or networks, through hacking, password mining or any other means (v) corrupt data; (vi) cause annoyance to other users; (vii) infringe upon the rights of any other person's proprietary rights; (viii) send any unsolicited advertising or promotional material, commonly referred to as "spam"; (ix) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (x) use any robot, spider, site search/retrieval application, or other device to access, retrieve or index any portion of the Websites/Services/Content for any purpose. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited.

4. Intellectual Property Rights, Content Marks. The intellectual property rights in all Content (as defined below) made available to you on or through this Website as well as derivative works thereof remains the property of Mine for Nine or its licensors and is protected by copyright, trademark, and other intellectual property laws. "Content" includes, but is not limited to text, design and functions; layout, technology, software, scripts, data, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, functionality, files, documents, images, or other materials that you may view or access through the Website. You may store, print and display the Content supplied solely for your own personal use. You are not permitted to modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Content or to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on this Website nor may you use any such Content in connection with any business or commercial enterprise. Further you shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Content supplied by Mine for Nine or its licensors.  All rights which have not been expressly granted to you hereunder are reserved by Mine for Nine and its licensors.

All trademarks, service markts, logos, slogans and taglines displayed on the Website are the property of Mine for Nine, LLC or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Website without the express written permission of Mine for Nine, LLC or such third-party that may ownt he trademark, service mark, logo, slogan or tagline. 

5. Errors. The information on the Website may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errorts or inaccuracies as soon as practicable. In the event that a product is listed at an incorrect price due to a typographical error, we have the right to refuse or cancel any order placed for such product at the incorrect price even if such order has been confirmed and your credit card has been charged for such purchase, in which case we will issue a credit to your credit card account in the amount of the incorrect price charged. Further, we reserve the right at any time to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to content, promotions, product descriptions, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to revise, suspend, or terminate a promotion at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products for sale or for borrowing on the Website at a particular time does not guarantee that the products will be available. If a product sold or borrowed on is not as described, your sole remedy is to return the product subject to the terms and conditions set forth in our Return Policy at minefornine.com/return-policy.

6. Visitor/User Suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us ("Comments") are not confidential and you hereby grant us a worldwide perpetual, irrevocable, royalty-free license tp reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in our sole discretion.

7. DISCLAIMER OF WARRANTY. ACCESS TO THE WEBSITE,  THE SERVICES, AND THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR DOWNLOADED THEREFROM IS PROVIDED "AS IS" AND "AS AVAILABLE" "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. MINE FOR NINE, LLC AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KINE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WITHOUT LIMITE THE FOREGOING. NEITHER MINE FOR NINE, LLC NOR ITS LICENSORS WARRANT THAT ACCESS TO THE WEBSITE AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECT; NOR DOES MINE FOR NINE, LLC AND ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE WEBSITE. THE SERVICES OR ANY OF THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND YOUR RELIANCE UPON THE SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE WEBSITE IS AT YOUR SOLE RISK. FURHTER, MINE FOR NINE, LLC AND IT LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE WEBSITE OR THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE WEBSITE OR THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT OR IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER MINE FOR NINE, LLC NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM MINE FOR NINE, LLC OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. LIMITATION OF LIABILITY. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, ANY PERSONAL, INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF MINE FOR NINE, LLC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU HEREBY RELEASE MINE FOR NINE, LLC AND HOLD MINE FOR NINE, LLC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYYES, HARMLESS FROM ANY AND ALL CLAIMS DEMANDS, AND DAMAGES OF EVERY KINE AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY, CONNECTED WITH YOUR USE OF THE WEBSITE. THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

9. EXCLUSIVE REMEDY. IN THE EVENT OF ANY PROBLEM WITH MINE FOR NINE, THE SERVICES OR THE MATERIALS OR CONTENT AVAILABLE ON OR THROUGH MINE FOR NINE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING MINE FOR NINE. THE SERVICES OR THE MATERIALS OR CONTENT AVAILABLE ON OR THROUGH MINE FOR NINE. UNDER NO CIRCUMSTANCES SHALL MINE FOR NINE, LLC, ITS AFFILIATES, OR LICENSORS BE LIABLE ANY WAY FOR YOUR USE OF MINE FOR NINE, THE SERVICE OR THE MATERIALS OR CONTENT AVAILABLE ON OR THOUGH MINE FOR NINE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR OR OMISSIONS IN ANY MATERIALS, ANY INFRINGEMENT BY THE CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF MINE FOR NINE, THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set for above may not apply to you. 

10. INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Mine for Nine, LLC and its licensors, suppliers, officers, directors, employees, agents, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use fo the Website, the Services or any of the Content available on or through Mine for Nine, or any breach or violation of these Terms of Service by you. You agree to fully cooperate on or through Mine for Nine, or any breach or violation of these Terms of Service by you. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party, may at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party. 

11. Termination/Exclusion. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing the Webste for any reason or for no reason whatsoever, including improper use of the Website or failure to comply with these Terms of Service, and to take any other action we deem appropriate. You agree that we shall not be liable to you or any third party for any termination of your access to the Website and/or to any Service or Content therein. 

12. Miscellaneous. The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedureal laws of the State of New York without regard to its rules on conflicts or choice or law and, to the extent applicable, the laws of the United States of America. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You acknowledge that a violation or attempted violation of any of these Terms of Use will apply to this Agreement. You acknowledge that a violation or attempted violation of any of these Terms of Use will cause such damage to Mine for Nine, LLC as will be irreparable, the exact amount of which woul be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Mine for Nine, LLC shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agrents as well as to recover from you any and all costs and expenses sustained or incurred by Mine for Nine LLC in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction. In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemd modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature.