STANDARD TERMS AND CONDITIONS OF SALE
1. Acceptance of Terms
These Terms and Conditions of Sale (“Terms”) apply to all purchases of products from HASHRATE HOUSE LLC., a Wyoming based LLC (“Hashrate House”). These Terms are incorporated into and form part of any quotation, order acknowledgment, invoice, and bill of sale issued by Hashrate House. By placing an order, making payment, or accepting delivery of any product, the customer (“Customer”) agrees to be bound by these Terms. If Customer does not agree to these Terms, Customer must not proceed with the purchase.
2. Orders and Payment Terms
All Hashrate House products are built to order. To secure a place in Hashrate House’s production schedule, Customer submits a deposit equal to fifty percent (50%) of the total order price at the time the order is placed. The remaining balance of the total order price is due prior to the commencement of production. Hashrate House will not begin production until full payment has been received. Hashrate House reserves the right to reject or cancel any order prior to production in its discretion, in which case any amounts paid by Customer will be refunded in full.
3. Cancellation and Refund Policy
Customer may cancel an order at any time prior to the start of production and receive a full refund of any deposit paid. Once production has commenced, orders may not be cancelled without charge. If Customer elects to cancel an order after production has begun, Hashrate House will issue a refund of amounts paid, less a cancellation fee equal to five percent (5%) of the total order value, to account for administrative costs, materials, and production allocation. Any refunds, will be processed within thirty (30) days following confirmation of cancellation.
4. Shipping and Delivery
Shipping estimates are provided at the time of order; however, final shipping costs may vary depending on carrier rates, access conditions, and delivery requirements at the time of shipment. Hashrate House will use commercially reasonable efforts to honor the quoted shipping estimate, provided the order details remain unchanged.
Customer is responsible for confirming the delivery address at the time of order. Any changes to the delivery address after order placement may result in additional charges, including but not limited to increased freight costs, re-routing fees, storage fees, or redelivery charges, all of which shall be the responsibility of Customer.
All products are shipped via third-party carriers. Hashrate House will coordinate shipment and provide tracking information when available. Delivery may be made to Customer’s address (if accessible by freight carrier) or to a designated terminal for pickup. Customer is responsible for ensuring that the delivery location is accessible and for arranging any necessary assistance to unload the shipment. Freight carriers are not obligated to unload shipments without assistance, and additional charges may apply for residential delivery, limited access locations, liftgate service, or other special handling requirements.
5. Claims for Products
All products are carefully inspected and packaged prior to shipment. All claims for loss, damage, or shortage occurring in transit must be filed directly with the delivering carrier. Hashrate House will provide reasonable assistance by supplying documentation to support such claims. Customer should promptly unpack and inspect all products upon receipt and verify the contents against the packing lists provided. Customer must report any visible damage to Hashrate House via email within twenty-four (24) hours of delivery and may also report any concealed or hidden damage discovered upon unpacking within forty-eight (48) hours of delivery.
Any discrepancies or incorrect items must be reported to Hashrate House within seven (7) days of receipt. Approved claims for incorrect items will be fulfilled by Hashrate House, typically via ground shipment. Hashrate House reserves the right to deny discrepancy claims reported after such seven (7)-day period.
For additional guidance on filing claims with the carrier, please refer to the “Filing Claims with Carrier” section below.
6. Risk of Loss and Transfer of Responsibility
Risk of loss and title to the product transfer to Customer upon delivery of the product to the carrier for shipment. Customer assumes all risk of loss, damage, or delay in transit and is solely responsible for pursuing any claims against the carrier for loss or damage occurring during shipment. Hashrate House shall not be responsible for any loss or damage caused by the carrier or occurring during transit, but will reasonably cooperate with Customer in providing documentation necessary to support any such claim. Upon delivery, Customer assumes full responsibility for the product, including any loss, damage, or handling thereafter. Any transportation, relocation, installation, or handling of the product after delivery, whether performed by Customer or any third party, is solely at Customer’s risk.
7. Installation and Customer Responsibilities
Customer is solely responsible for the installation, configuration, and setup of the product. Customer agrees to review all installation instructions and materials provided by Hashrate House prior to installation and to ensure that the installation site is properly prepared and capable of safely supporting the product and its operation. Customer is responsible for compliance with all applicable local, state, and federal building, electrical, and safety codes, and for obtaining any required permits, inspections, or approvals. For any gas or electrical components, including high-load electrical systems or integrated equipment, Customer is responsible for hiring licensed and qualified professionals experienced in such systems. Customer is responsible for ensuring that the installation environment includes appropriate electrical capacity, grounding, ventilation, load management, and other safety measures consistent with applicable standards. Customer acknowledges that improper installation or insufficient infrastructure may result in damage, malfunction, or safety risks that may cause serious injury or death.
Hashrate House makes no representation or warranty that the product complies with any particular building code, electrical code, insurance requirement, or certification standard, or that the product is suitable for any particular installation environment. Customer is solely responsible for determining suitability for its intended use and installation environment, including verifying site suitability, structural support, ventilation, and utility connections.
Any modification, alteration, or integration of third-party equipment not expressly authorized in writing by Hashrate House may increase operational risk and will void any applicable warranty. Hashrate House is not responsible for the work, omissions, or errors of any third-party installers, contractors, or service providers. Hashrate House may provide general guidance or customer support; however, such assistance is provided for informational purposes only and does not constitute supervision, inspection, or approval of installation. Customer should complete installation within a reasonable time after delivery, and in any event within six (6) weeks, to ensure proper inspection and use of the product.
8. Product Use, Safety, and Limitations
Customer acknowledges that the product involves the use of water, heat, and, in some configurations, gas, or electrical systems, and that improper installation, operation, or maintenance may result in property damage, personal injury, or other risks.
Customer is responsible for maintaining and ensuring that the surrounding area is suitable for safe operation. Customer is solely responsible for the safe use, operation, and maintenance of the product and for ensuring that all users follow applicable instructions and safety guidelines. The product is provided for its intended use as described in Hashrate House’s materials and instructions. Any modification, misuse, or use inconsistent with provided guidance is at Customer’s sole risk.
9. Warranty
Hashrate House provides a limited manufacturer’s warranty covering certain components of its products, as set forth in Hashrate House’s separate warranty documentation (the “Warranty”). The Warranty is incorporated herein by reference and governs the scope, duration, and limitations of coverage. Except as expressly provided in the Warranty, Hashrate House makes no warranties, express or implied, regarding the product. Certain components or accessories that are manufactured or supplied by third parties may be subject to separate warranties provided by those manufacturers. Hashrate House does not provide any warranty for third-party components and is not responsible for the performance or failure of such components, but may assist in facilitating warranty claims where reasonably possible.
10. Returns and 60-Day Money-Back Guarantee
Hashrate House offers a sixty (60)-day money-back guarantee from the date of delivery, subject to the terms set forth herein. To qualify for a refund, Customer must return the product, including all components and materials originally provided, in substantially the same condition as delivered. Customer is solely responsible for all costs associated with return shipping, handling, and insurance. Upon receipt and inspection of the returned product, Hashrate House will issue a refund of the purchase price paid, less any applicable costs for damage, missing components, or excessive wear beyond normal handling.
This guarantee does not apply to damage resulting from improper installation, misuse, modification, or failure to follow instructions. Hashrate House reserves the right to deny or reduce refunds if the product is not returned in acceptable condition.
11. Customer Support
Hashrate House provides customer support to assist with general questions regarding product assembly, installation, and use. Customer support is available Monday through Friday from 9:00 a.m. to 4:30 p.m. Pacific Time, excluding holidays. All support is provided for informational purposes only. Hashrate House does not supervise, control, or assume responsibility for installation, operation, or maintenance of the product. Customer remains solely responsible for all decisions and actions taken based on such guidance.
12. Limitation of Liability
To the maximum extent permitted by law, Hashrate House and its affiliates, contractors, suppliers, partners, collaborators, and their respective officers, directors, employees, agents, and representatives (collectively, the “Hashrate House Parties”) shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including without limitation loss of profits, loss of revenue, loss of use, business interruption, loss of digital assets, or property damage, arising out of or relating to the purchase, delivery, installation, or use of the product.
To the fullest extent permitted by law, the total cumulative liability of the Hashrate House Parties arising out of or relating to any product or order shall not exceed the amount actually paid by Customer for the product giving rise to the claim.
Without limiting the foregoing, the Hashrate House Parties shall have no liability for damages arising from or related to: (a) improper installation; (b) failure to follow instructions or applicable codes; (c) use of unlicensed or unqualified installers; (d) modifications, misuse, or integration with third-party equipment (including high-load electrical systems or computing hardware); or (e) acts or omissions of third parties, including carriers, contractors, or service providers.
13. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED IN HASHRATE HOUSE’S LIMITED WARRANTY, THE PRODUCT IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, HASHRATE HOUSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
HASHRATE HOUSE DOES NOT WARRANT THAT THE PRODUCT WILL MEET CUSTOMER’S REQUIREMENTS, COMPLY WITH ALL APPLICABLE CODES OR REGULATORY STANDARDS, OR OPERATE WITHOUT INTERRUPTION, ERROR, OR DEFECT. CUSTOMER ACKNOWLEDGES THAT CERTAIN PRODUCTS MAY BE EXPERIMENTAL, PRE-CERTIFICATION, OR NOT THIRD-PARTY CERTIFIED, AND MAY INVOLVE RISKS THAT DIFFER FROM CONVENTIONAL PRODUCTS.
14. Indemnification
Customer agrees to indemnify, defend, and hold harmless the Hashrate House Parties from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer’s installation, use, or operation of the product; (b) failure to comply with applicable laws, codes, or regulations; (c) use of unqualified or unlicensed installers; (d) modification, misuse, or integration of the product with third-party equipment (including high-load electrical systems or computing hardware); or (e) injury, property damage, or other loss occurring after delivery of the product, including claims brought by third parties or insurers.
15. Governing Law; Dispute Resolution; Class Action Waiver
These Terms and any dispute, claim, or controversy arising out of or relating to the Product, its purchase, delivery, installation, or use shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Customer agrees that any dispute shall be brought solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Customer expressly waives any right to participate in a class action, class arbitration, or other representative action against Hashrate House.
16. Miscellaneous
These Terms, together with any applicable warranty documentation and order materials, constitute the entire agreement between the Hashrate House Parties and Customer regarding the subject matter herein and supersede all prior or contemporaneous communications. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Hashrate House’s failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of the right to enforce it in the future. These Terms are binding upon Customer and Customer’s heirs, representatives, successors, and assigns.
Filing Claims with Carriers
To assist Customer in filing claims with the carrier, the following general procedures are recommended:
Customer should take photographs of the shipment at the time of delivery, including images from all four (4) sides during unloading, and retain such photographs to support any claim.
(a) Visible Damage. At the time of delivery, have the driver note the nature and extent of any visible damage on the freight bill or delivery receipt. Notify the carrier promptly and request an inspection. File a claim with the carrier as soon as possible. The carrier may, at its discretion, offer settlement options such as payment for replacement parts, repair, or replacement of the damaged merchandise. Supporting photographs should be included with any such claim.
(b) Concealed Damage. If damage is discovered after unpacking, notify the carrier immediately and request an inspection. File a claim following the inspection. Retain all packaging materials until the claim is resolved, and document the damage with photographs.
(c) Shortages. Verify that the number of cartons delivered matches the number listed on the delivery documentation. If there is a discrepancy, have the driver note the shortage at delivery. If missing items are not located within a reasonable time, initiate a tracer or claim with the carrier, supported by any available documentation and photographs.
(d) Damaged Merchandise. Do not return damaged merchandise to Hashrate House. The carrier will typically arrange for inspection and pickup after the claim is processed.
EXPERIMENTAL PRODUCT NOTICE, LIABILITY WAIVER, AND ASSUMPTION OF RISK
1. SCOPE OF AGREEMENT AND AFFILIATE PURCHASES
The Hashrate House LLC systems (the “Product”) is offered by Hashrate House LLC (“HRH”) as an experimental product. This Agreement governs all Products purchased through hashratehouse.com, any authorized affiliate websites, third-party marketplaces, or any other sales avenues where HRH hardware is distributed. By completing a purchase through an affiliate link or third-party platform, you agree that HRH’s liability is limited as set forth herein, and you acknowledge that no affiliate or third-party seller has the authority to modify these terms.
2. ACCEPTANCE OF TERMS AND DIGITAL CONSENT
By purchasing, installing, or using the Product, you acknowledge that you have read and understand the following disclosures and agree to the terms set forth below. You agree that your act of clicking “I Agree,” “Place Order,” or any similar button at the time of purchase constitutes a binding electronic signature. You further acknowledge that HRH maintains a digital audit trail of this consent, including your IP address and timestamp, which shall serve as conclusive evidence of your agreement to these terms.
3. Experimental Product Notice
The Hashrate House System is an early-stage experimental product used to support integration with bitcoin mining hardware and associated electrical loads into heating applications. The electrical configuration of the Product has been specifically adapted to accommodate the thermal and electrical characteristics associated with mining equipment and other high-load computing hardware. As a result, the Product differs in meaningful ways from traditional heating products and may operate under electrical conditions that are atypical for consumer heating systems.
In its current configuration, the Product is not Underwriters Laboratories (UL) listed, UL certified, or otherwise certified by any independent third-party electrical safety testing organization, and it has not yet undergone formal third-party evaluation for electrical safety certification. Hashrate House LLC has not represented that the Product has been certified, approved, or evaluated by UL or by any other nationally recognized testing laboratory. Because the Product is experimental and pre-certification, its design, components, wiring configuration, safety features, and operational characteristics may change in future versions. If the Product is later submitted for testing or certification, modifications may be required that materially alter the design or operation of future versions. Accordingly, the Product purchased by you may differ from later versions that undergo certification or additional engineering review.
You further acknowledge that the absence of UL or similar certification may affect insurance coverage, building or electrical code compliance, resale value, or the willingness of third parties such as insurers, landlords, or inspectors to approve installation or operation of the Product. You are solely responsible for evaluating whether the Product is appropriate for your intended installation environment and whether its use complies with local building codes, electrical codes, insurance requirements, or other regulatory or contractual obligations that may apply to your property. By proceeding with purchase or use of the Product, you acknowledge that you fully understand that the Product is experimental, not UL-certified, and has not undergone third-party electrical safety certification, and you knowingly and voluntarily choose to purchase and use the Product in its current experimental configuration.
4. Important Safety and Risk Disclosure
Use of the Product involves inherent and potentially significant risks. The Product integrates water systems with high-load electrical systems designed to support bitcoin mining hardware and other computing equipment, and therefore may operate under electrical conditions that differ from traditional hot tub systems. Risks associated with the Product may include electrical shock, electrocution, fire hazards arising from electrical load or overheating, damage to connected mining hardware or other electrical systems, and risks related to the interaction of water and electricity.
Additional risks may arise from malfunction, failure, or unexpected behavior of modified electrical components, overheating or thermal events associated with sustained high electrical loads, or increased electrical demand on residential or commercial electrical infrastructure. Use or installation of the Product may also create risks of structural or property damage, including damage to buildings, electrical systems, or other equipment located near the installation site. Risks may also arise from installation errors, improper grounding, inadequate ventilation, insufficient electrical capacity, or failure to comply with applicable building codes, electrical codes, or other safety standards. These risks may result in serious personal injury, death, property damage, economic loss, business interruption, or loss of equipment or digital assets.
Because the Product is experimental and has not undergone third-party electrical safety certification, certain risks may be unknown, unanticipated, or not yet fully understood. By choosing to purchase or use the Product, you acknowledge that you have had the opportunity to consider these risks and to ask questions regarding the Product’s design, installation requirements, and intended operation. You understand that the Product differs from traditional consumer heating systems and may involve risks that are greater or different from those associated with conventional heating systems.
5. Assumption of Risk
By purchasing, installing, or using the Product, you knowingly, voluntarily, and expressly assume all risks associated with its purchase, installation, operation, maintenance, modification, and use. This assumption of risk applies to risks that are known or unknown, foreseeable or unforeseeable, and includes risks arising from the Product’s experimental and non-UL-listed status, the integration of bitcoin mining hardware or other high-load electrical systems, installation performed by you or by third parties, and operation in residential or commercial environments. You further acknowledge that this assumption of risk applies even if such risks arise from ordinary negligence in the design, modification, manufacture, or provision of the Product. By proceeding with purchase or use of the Product, you acknowledge that your decision to do so is made freely and voluntarily and with full understanding of the risks described above. Nothing in this notice is intended to waive liability for gross negligence or willful misconduct to the extent such waiver is prohibited by applicable law.
6. Release and Waiver of Liability
To the fullest extent permitted by law, you agree to release, waive, and hold harmless Hashrate House LLC, together with its officers, directors, shareholders, employees, contractors, agents, affiliates, and successors (collectively, the “Released Parties”) from any and all claims, demands, damages, losses, liabilities, costs, or expenses arising out of or relating to the purchase, installation, modification, operation, maintenance, or use of the Product. This release applies to all types of claims, whether known or unknown, anticipated or unanticipated, including claims for personal injury or death, property damage, fire-related losses, electrical damage or system failure, damage to connected equipment or mining hardware, loss of profits or revenue, business interruption, loss of digital assets, or other consequential, incidental, or indirect damages.
This release also applies to claims alleging defects in the design, modification, manufacture, or configuration of the Product, as well as claims based on negligence. You understand and agree that this waiver applies even if such claims arise from the ordinary negligence of Hashrate House LLC or the Released Parties in designing, modifying, manufacturing, or providing the Product. However, nothing in this notice is intended to release liability for gross negligence or willful misconduct where such waiver is prohibited by applicable law. This release is intended to be as broad and inclusive as permitted by law, and if any portion is found unenforceable, the remaining provisions will remain in full force and effect.
7. Customer Installation and Compliance Responsibilities
Safe installation, configuration, and operation of the Product are your responsibility. Because the Product operates with high electrical loads and integrates electrical systems with water systems and computing hardware, proper installation is essential to reduce the risk of fire, electrical malfunction, injury, or property damage. The Product should be installed by a licensed and qualified electrician experienced in high-load electrical systems, and the electrical infrastructure at the installation site should be evaluated to ensure that it can safely support the Product and any associated mining hardware or computing equipment.
Installation and operation must comply with all applicable local, state, and federal electrical, building, and safety codes, and you are responsible for obtaining any permits, inspections, or approvals that may be required for installation or operation. You are also responsible for ensuring that the installation environment includes appropriate grounding, ventilation, load management, and other safety measures consistent with applicable electrical standards. Failure to follow these precautions may significantly increase the risk of electrical malfunction, overheating, fire, or damage to property and equipment. Any modification, alteration, or integration of additional hardware that has not been expressly authorized in writing by Hashrate House LLC may increase operational risk and may void any warranty associated with the Product. Because the Product is experimental and pre-certification, Hashrate House LLC makes no representation or warranty that the Product complies with any particular electrical code, insurance requirement, or certification standard, and it is your responsibility to evaluate whether the Product is suitable for installation in your intended environment.
8. Indemnification
You agree to indemnify, defend, and hold harmless Hashrate House LLC, together with its officers, directors, employees, contractors, agents, affiliates, and successors, from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees and litigation costs) arising out of or relating to your purchase, installation, modification, operation, or use of the Product. This obligation includes claims arising from your failure to comply with applicable electrical, building, or safety codes ; installation performed by unlicensed or unqualified individuals; integration of the Product with bitcoin mining hardware or other electrical systems ; unauthorized modifications or alterations to the Product; or any third-party claims for personal injury, property damage, or other losses occurring after delivery of the Product. This indemnification also applies to claims brought by third parties or insurers, including insurance subrogation claims arising from electrical events, overheating, fire, or other losses associated with the installation or operation of the Product. If any claim or legal proceeding is brought against Hashrate House LLC or any of the Released Parties arising from your installation or use of the Product, you agree to assume responsibility for the defense of that claim at your expense and to cooperate fully in resolving the matter.
9. COMPLIANCE WITH EXPORT LAWS AND END-USE
You acknowledge that the Product and any associated high-performance computing hardware may be subject to export control laws and regulations of the United States and other jurisdictions. You agree that you will not export, re-export, or transfer the Product to any prohibited destination, entity, or individual under applicable law. You further certify that the Product will be used for lawful purposes and not for any use prohibited by international sanctions or trade restrictions. You agree to indemnify HRH for any legal costs or penalties incurred due to your breach of these export compliance obligations.
10. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THE PRODUCT IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HASHRATE HOUSE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HASHRATE HOUSE LLC DOES NOT WARRANT THAT THE PRODUCT WILL BE ERROR-FREE, CERTIFIED, OR SUITABLE FOR ANY PARTICULAR APPLICATION, AND YOU ACKNOWLEDGE THAT THE PRODUCT IS EXPERIMENTAL, PRE-CERTIFICATION, AND BEING PURCHASED WITH FULL KNOWLEDGE OF THAT STATUS.
TO THE FULLEST EXTENT PERMITTED BY LAW, HASHRATE HOUSE LLC’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PRODUCT SHALL NOT EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE PRODUCT. IN NO EVENT SHALL HASHRATE HOUSE LLC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DIGITAL ASSETS. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE CHANNEL THROUGH WHICH THE PRODUCT WAS PURCHASED, INCLUDING AFFILIATE OR THIRD-PARTY PLATFORMS. YOU ACKNOWLEDGE THAT THE PRICING OF THE PRODUCT REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATIONS OF LIABILITY DESCRIBED HERE ARE A MATERIAL CONDITION OF HASHRATE HOUSE LLC’S WILLINGNESS TO SELL THE PRODUCT.
11. Dispute Resolution; Mandatory Arbitration; Class Action Waiver
Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to the Product, its purchase, installation, operation, or use, or these terms (including the interpretation, enforceability, scope, or validity of this dispute resolution provision) shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles. Such disputes shall be resolved exclusively through binding arbitration rather than in court.
The seat of arbitration shall be Cheyenne, Wyoming, though the parties agree that the arbitration shall be conducted virtually via video conference or, if a physical hearing is required, in Portland, Oregon. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (JAMS) in accordance with JAMS’ Commercial Arbitration Rules, except as modified by this section. If the claim is for less than $10,000, the parties agree that the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, without a physical or virtual hearing, unless the arbitrator determines that a hearing is necessary to prevent injustice. Judgment on the arbitrator’s award may be entered in any court having jurisdiction.
By agreeing to arbitration, you understand and agree that you are waiving the right to bring a lawsuit in court and the right to a trial before a judge or jury, except to the extent such rights cannot be waived under applicable law. To the fullest extent permitted by law, you further agree that any dispute or claim relating to the Product must be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You expressly waive any right to participate in or bring a class action lawsuit, class arbitration, private attorney general action, or other representative proceeding against Hashrate House LLC relating to the Product. The arbitrator may award the same remedies available in an individual court proceeding, but may not consolidate claims or conduct any form of class, collective, or representative proceeding. If a court determines that the class action waiver in this section is unenforceable with respect to a particular claim, then that claim must proceed in court rather than arbitration, but the remainder of this dispute resolution provision shall remain enforceable to the fullest extent permitted by law.
12. General
These terms and any dispute, claim, or controversy relating to the Product, its purchase, installation, operation, or use, or the interpretation or enforcement of these terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. If any provision of this notice or any portion thereof is determined to be invalid, illegal, or unenforceable under applicable law, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect. This notice and waiver constitute the entire understanding between you and Hashrate House LLC regarding the experimental nature of the Product, the associated risks, and the allocation of responsibility and liability related to its purchase and use, and supersede any prior or contemporaneous discussions, representations, or understandings relating to those subjects.
Hashrate House LLC may update or modify these terms from time to time. Any updated version will apply to future purchases or uses of the Product once the updated terms are presented and accepted through the applicable purchase or ordering process. These terms are binding upon you and your heirs, representatives, successors, assigns, and any person or entity that installs, operates, or otherwise uses the Product under your control or authority.
13. ACKNOWLEDGMENT
By clicking “I Agree,” completing the purchase, or otherwise accepting these terms, you acknowledge and agree that:
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You have carefully read this notice and waiver in its entirety and understand its contents.
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You understand that this notice includes a release of liability, assumption of risk, limitations of liability, and a waiver of certain legal rights, including the right to bring certain claims in court.
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You understand that the Hashrate House System Product is experimental and not UL listed or certified, and that it has not undergone third-party electrical safety certification.
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You further understand that the Product has been modified to support bitcoin mining hardware and associated electrical loads and may involve risks that differ from those associated with conventional heating systems.
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You acknowledge that you have had the opportunity to ask questions, conduct your own evaluation of the Product and its risks, and seek independent advice if desired prior to purchasing or using the Product.
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You understand that by accepting these terms you are voluntarily assuming the risks associated with the Product and waiving certain legal rights, including the right to pursue certain claims against Hashrate House LLC as described above.
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You further acknowledge that acceptance of this notice and waiver is a material condition of the sale of the Product, and that Hashrate House LLC would not sell the Product without your agreement to these terms.
By selecting “I Agree,” completing the purchase, or otherwise accepting these terms, you confirm that you have read, understand, and voluntarily agree to be bound by this Experimental Product Notice, Liability Waiver, and Assumption of Risk.