Terms of Use

These Terms and Conditions were last modified March 2014

Bitvest Inc. DBA “Bitvest Digital Mining Corp.” and each of its affiliates (collectively, “Bitvest”) is pleased to provide you with information, content, tools, products and services on the Bitvest Site (the term “Bitvest Site” refers to all Bitvest websites, as well as to their content including products and services). Bitvest Inc. is an information and technology provider. Bitvest Digital Mining Corp. is a Bitcoin Mining enterprise that processes payments and transfers for rewards paid in Bitcoin and receives additional income from transaction processing fees and ancillary services associated with Bitcoin Mining. These Terms and Conditions also include important disclosures and information related to certain products and services. Your use of Bitvest Sites is subject to these Terms and Conditions.

These Terms of Use are a binding agreement between you and Bitvest. Your access to and use of this website constitutes your acceptance of these Terms of Use and any other legal notices and statements contained on this website. Your use of Bitvest Sites is governed by the version of the Terms of Use in effect on the date each Bitvest Site is accessed by you.

Bitvest may modify these Terms of Use at any time and without prior notice. You should review the most current version these Terms of Use by visiting the Bitvest Site and clicking on the Terms of Use hyperlink located at the bottom of the page. Your continued access to and use of this website constitutes your acceptance of these Terms of Use as modified. The only notice of changes or modification to these Terms of Use will be by Bitvest publishing revised Terms of Use on this website; Bitvest will not separately notify you of any changes or modifications.

These Terms of Use are in addition to any other agreements between you and Bitvest, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the Bitvest Sites.

Use of Bitvest Sites

The Bitvest Sites are intended only for your personal, non-commercial use, unless you and Bitvest have agreed otherwise in writing.

Distribution and Responsibility of Visitors

The information on this website is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in Bitvest Sites are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation.
It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject. Nothing on the Bitvest Sites shall be considered a solicitation to buy or an offer to sell any product or service to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.

Limitations on Investment Guidance and Professional Advice

The information contained in the Bitvest Sites does not constitute either general or personal financial product advice, and nothing relating to the provision of the information herein shall be construed as creating a fiduciary, financial or other advisory relationship between Bitvest and the user or any other third party. Any comments or statements made are not a recommendation that a particular course of action is suitable for you and should not be regarded as financial product advice. Before making any investment decision on the basis of any reports or information provided, you must read any relevant disclosure document and make your own investigations regarding the accuracy, reliability and completeness of this information. You should also seek expert professional advice about the offer in light of your particular financial circumstances and particular investment objectives or needs.

Intellectual Property

The Bitvest Sites are protected by applicable intellectual property laws. Except as expressly stated herein, you may not without Bitvest’s prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any Bitvest Site.

If you link from another website to a Bitvest Site, your website, as well as the link itself, may not, without Bitvest’s prior written permission, suggest that Bitvest endorses, sponsors or is affiliated with any non-Bitvest website, entity, service or product, and may not make use of any Bitvest trademarks or service marks other than those contained within the text of the link.

The Bitvest Sites, excluding third party content, are original works of authorship published by Bitvest. Bitvest has the exclusive rights to reproduce, display, prepare derivative works or distribute. The names, logos, trademarks, copyright and all other intellectual property rights in all of the material and software on this website are owned by Bitvest or its licensors. All third-party owned materials contained on the website are reproduced with the permission of the respective owners.

Void Where Prohibited

Although the Bitvest Sites including the products and services are 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 jurisdictions, or appropriate or available for use in certain jurisdictions. Bitvest reserves the right to limit, in its sole discretion, the products and services it makes available, the provision and the quantity to any person.

Trading, Fund Transfers and Refund Policy

Bitvest relies exclusively on users to provide complete and accurate Bitcoin and/or bank account information in order to facilitate transfers of funds to and from the Bitvest Sites. Bitvest cannot be held responsible for incomplete or inaccurate account information. Should you ever become aware of incomplete or incorrect account information it is your responsibility to contact Bitvest and provide correct account information. You agree that you will pay for all products and services you purchase through Bitvest Sites, and that Bitvest may charge you for any products or services purchased.
Bitvest may offer in the future for your account in accordance with your oral, written or online instructions.

All transactions, are final and non-refundable. All sales of products are final. Fees paid for products and services are non-refundable.
Prices for products and services offered on Bitvest may change at any time, and Bitvest does not provide price protection or refunds in the event of a price change or promotional offering.

Acknowledgment of Risks

You acknowledge that Bitcoin Mining is a highly speculative activity and may result in significant losses. Despite such risks, you are willing and able to assume the financial risks and other hazards of Bitcoin Mining and agree that you will in no manner hold Bitvest responsible for losses incurred through Bitvest’s opportunities and expressly hereby waives any claims therefore.

Content Availability

Bitvest reserves the right to change content, products and services, (including eligibility for particular features, products and/or services) without notice.

Third Party Content and Research

The Bitvest Sites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the foreign exchange markets, other financial markets and other subjects.

Some of this content may be supplied by companies that are not affiliated with any Bitvest Entity (“Third Party Content”). The source of all Third Party Content is clearly and prominently identified on Bitvest Sites.

Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by applicable intellectual property laws and international treaties and is owned by or licensed from the Third Party Content provider(s) credited.

Bitvest does not explicitly or implicitly endorse or approve such Third Party Content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor should their content be construed as legal, tax or investment advice.

While Bitvest makes every attempt to provide accurate and timely information to serve the needs of users, neither Bitvest nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and Bitvest and Third Party Content providers specifically disclaim any liability for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Accuracy of Information

While Bitvest has made every effort to ensure the accuracy of the information on this website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting traders to make independent investment decisions. Bitvest has taken reasonable measures to ensure the accuracy of the information on the Web site. However, Bitvest does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Web site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this Web site.

All content on the Bitvest Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Prohibited Uses

Because all servers have limited capacity and are used by many people, do not use Bitvest Sites in any manner that could damage or overburden any Bitvest server, or any network connected to any Bitvest server. Do not use Bitvest Sites in any manner that would interfere with any other party’s use of the Bitvest Sites.

Use of Links

The Bitvest website may contain links to websites operated by other parties. Bitvest does not control the content or accuracy of information on such websites and does not otherwise endorse the material placed on such sites. The links are provided for your reference only and Bitvest excludes all liability and responsibility for the content or operation of these third party websites.

Exclusion of Warranties

BITVEST DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE BITVEST SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE BITVEST SITES ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND BITVEST DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
BITVEST DOES NOT WARRANT THAT THE BITVEST SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. BITVEST ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE BITVEST SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BITVEST SITES WILL MEET YOUR EXPECTATIONS.

Disclaimer and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BITVEST WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE BITVEST SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF BITVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
EXCEPT AS OTHERWISE REQUIRED BY LAW, BITVEST WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH BITVEST DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
IF YOU LIVE IN A STATE, COUNTRY OR JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

As a condition of your use of the Bitvest Sites, you agree to indemnify and hold Bitvest and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Bitvest Sites, or from your violation of these Terms.

Confidentiality

It is your obligation to keep Bitvest accounts numbers and passwords confidential. You acknowledge and agree that any instruction or communication transmitted to you or on your behalf via any Bitvest Site is made at your own risk. You authorize Bitvest to rely and act on, and treat as fully authorized and binding upon you, any instruction given to Bitvest that Bitvest believes to have been given by you or on your behalf by any agent or intermediary whom Bitvest believe in good faith to have been duly authorized by you.
Termination
Bitvest reserves the right to terminate your usage of the Bitvest Sites at any time, for any reason, with or without cause and without prior notice.
Severability
If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Governing Law and Jurisdiction
Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of the United States of America and the State of Florida, County of Broward, without regard to principles of conflicts of law, and shall inure to the benefit of Bitvest’s successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with Bitvest in the U.S.A. or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the federal and state courts located within the County of Broward in the State of Florida, USA and hereby waive any objection to the convenience or propriety of venue therein. Provided however, that nothing herein shall prevent Bitvest from bringing any action in the courts of any other jurisdiction.

1. Consent to Use of Data
You agree that Bitvest may collect and use technical data and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support and other services to you (if any) related to this EULA.

2. Links to Third Part Content
You may link to third party content through the use of the Software. The third party sites are not under the control of Bitvest and Bitvest is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Inclusion of any link does not imply an endorsement by Bitvest of the third party site.
Certain third-party information transmitted in the Software may require additional approvals by the vendor or third party that supplies such information. You are responsible for making application to and receiving such written approval by the required third-party and paying any fees or charges where applicable.

3. Termination
The License granted to you under this EULA can be terminated by Bitvest at any time without notice, with or without cause. Bitvest reserves the right to terminate your rights under this License without notice from Bitvest if you fail to comply with any term(s) of this EULA. Upon termination of the License, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
You acknowledge that certain information is being supplied by third parties with whom Bitvest has entered into an agreement. In the event any agreement between a third party provider of information or software and Bitvest is terminated, Bitvest will stop providing you with this information or software immediately and without notice. Pursuant to the terms of Section 10, neither Bitvest nor any third party vendor or information provider with whom Bitvest has entered into an agreement shall have any liability to you in connection with such termination.

4. Intellectual Property
You acknowledge that the Software is protected by copyright and other intellectual property laws. You further acknowledge that all right, title and interest therein are the sole property of Bitvest and its third party licensors, where applicable, and that you receive no rights, title or interests in the Software except as expressly set forth herein. You agree not to challenge either Bitvest’s or any third party licensor’s rights in or otherwise attempt to assert any rights in the Software, except those provided under this EULA.

5. No Warranty
BITVEST DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE WEBSITE/S ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND BITVEST DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. BITVEST DOES NOT WARRANT THAT YOUR USE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. BITVEST ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE/S WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL RELATED TO THE WEBSITE/S WILL MEET YOUR EXPECTATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BITVEST OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BITVEST AND ITS THIRD PARTY CONTENT PROVIDERS, THIRD PARTY LICENSORS AND ANY AFFILIATES THEREOF DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE ACCURACY OR TIMELINESS OF ANY AND ALL INFORMATION PROVIDED VIA THE WEBSITE/S. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability
TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL BITVEST, ANY THIRD PARTY CONTENT PROVIDER, ANY THIRD PARTY LICENSOR OR ANY AFFILIATES THEREOF BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES (“LOSSES”), ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BITVEST, ANY THIRD PARTY CONTENT PROVIDER, ANY THIRD PARTY LICENSOR OR ANY AFFILIATES THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, EXCEPT AS OTHERWISE REQUIRED BY LAW, BITVEST WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH BITVEST DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. USE OF ANY THIRD-PARTY SOFTWARE WILL BE GOVERNED BY THE APPLICABLE LICENSE AGREEMENT, IF ANY, WITH SUCH THIRD PARTY. BITVEST IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND WILL HAVE NO LIABILITY OF ANY KIND FOR LOSSES RESULTING FROM YOUR USE OF SUCH THIRD-PARTY SOFTWARE WITH BITVEST’S SOFTWARE. BITVEST MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH THIRD-PARTY SOFTWARE.

7. Governing Laws and Jurisdiction
Unless otherwise agreed, this EULA and it’s enforcement is governed by the laws of the State of Florida, County of Broward without regard to principles of conflicts of law, and shall inure to the benefit of Bitvest’s successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with Bitvest in the USA or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the federal and state courts located within the County of Broward Florida and hereby waive any objection to the convenience or propriety of venue therein. Provided however, that nothing herein shall prevent Bitvest from bringing any action in the courts of any other jurisdiction. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

8. Governing Language
Any translation of this License is done for local requirements or for your convenience. In the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

9. Modifications to the EULA
Bitvest reserves the right to change the terms and conditions of the EULA at any time with or without notice by posting such changes on the www.Bitvestinc.com website. You are responsible for regularly reviewing these terms and conditions for any modifications and agree to be bound by the same.

Bitvest reserves the right to change the terms and conditions of the EULA at any time with or without notice by posting such changes on the www.Bitvestinc.com website. You are responsible for regularly reviewing these terms and conditions for any modifications and agree to be bound by the same.