Terms

2.1. Your order constitutes an offer to us to buy a Product. After placing an order, GMO will send you an email acknowledging that GMO has received your order ("Order Confirmation"). The Order Confirmation does not constitute acceptance or confirmation by GMO of your order.

2.2. All orders are subject to acceptance by GMO. Along for this acceptance, GMO may ask for an ID and the necessary documents to be submitted. GMO may reject to accept your order if documents are not submitted. GMO has no obligation to disclose the reasons of acceptance or refusal. GMO will confirm that your payment for the order has been received. Upon such confirmation, GMO will send you an email that your payment was received and your order was accepted ("Payment Confirmation"). GMO will subsequently confirm that your payment of the shipping fees has been received. Upon such confirmation, GMO will send you a separate confirmation email that your order has shipped (the "Shipping Confirmation"). GMO reserves the right at any time to suspend shipment of all Products until GMO receives your payments, or cancel your order if GMO does not receive your payments within the designated period.

2.3. A contract between GMO and you will only be formed when GMO sends you the Payment Confirmation ("Contract"). The contract will relate only to those Products whose shipment we have confirmed in the Shipping Confirmation.

2.4. GMO reserves the right at any time before accepting or shipping your order to accept or decline your order at any time for any reason. We may cancel your order without penalty to GMO in the following cases:

• (a) there is an overt error in price;
• (b) there is a possibility that the Product cannot be shipped to the designated address due to a change in the applicable customs policies or import controls or a Force Majeure event;
• (c) the Product is no longer in GMO's inventory or a relevant third party fulfillment provider's inventory; or
• (d) any other reason as determined by GMO in its sole capacity.

2.5. You shall not, for a reason attributable to you, (i) cancel your order or (ii) request GMO to repay or refund any portion of any payments of any kind whatsoever paid to GMO.

3.1. GMO reserves the right to change the prices, availability and release date of Products displayed on the Site at any time without notice, and to correct errors (including pricing errors) that may inadvertently occur. GMO's general practice is to verify the Product prices as part of its dispatch procedures so that where a Product's correct price is less than the price listed on the Site, you will be charged the lower price. If a Product's correct price is higher than the price listed on the Site, GMO normally, in its sole discretion, will either contact you for instructions prior to dispatching the Product, or reject your order and notify you of such rejection. If the pricing error could have reasonably been recognized by you, GMO has no obligation to provide the Product to you at the incorrect (lower) price, even in the case that GMO has sent you an Order Confirmation or Payment Confirmation.

3.2. The Product on the Site are priced in U.S. dollars. The payments for orders are accepted through wire transfer in U.S. dollars or any other payment method as separately specified by GMO ("Other Payment Method"). In the event that you choose to pay through the payment network of cryptocurrency, we will calculate the cryptocurrency amount of your placed order for your confirmation and payment. Since the Product prices and the exchange rate of the Other Payment Method against U.S. dollars is fluctuating, the orders may be valid only for a certain period. The failure to pay the placed orders timely may void the orders.

3.3. In the case GMO shall make refund under Terms and Conditions, GMO may, in our sole discretion, select what currency we use to make refund no matter what currency you use to make payment. The exchange rate between (i) U.S. dollars and (ii) Other Payment Method shall be adopted in accordance with the following rules:

• (a) The real time exchange rate between (i) U.S. dollars and (ii) Other Payment Method displayed on the Site at the time the order is placed shall be adopted.
• (b) On occasion, you may be able to place a Product in your shopping cart and submit your order for processing, but your order is subsequently canceled due to the unavailability of the Product.
• (c) You acknowledge that Products may sell quickly and there may be a short period of time after an order has been submitted, but where the Product is no longer available.
• (d) You agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the Product is no longer available in our or our third party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the Product you ordered due to unavailability.
• (e) All purchases are final. You consent to receive sales invoices electronically.

3.4. The provisions of this Section 3 shall also be applied to the payment of shipping fees charged by us to you mutatis mutandis.

3.5. You do not have the right to cancel your order or request indemnify GMO against loss, in the case of delay by GMO in the release or delivery of the Products.

4.1. The price listed on the Site excludes any present or future sales, excise or use taxes, import or customs duties in effect or later levied, or other tax applicable to the Product (collectively, the "Import Duties"). You acknowledge and agree that you will remain solely responsible for Import Duties.

4.2. It is your sole responsibility to consult your state and local tax laws to determine compliance with tax laws and regulations in your area and pay the applicable outstanding taxes and duties according to the tax law of the shipping address. You are responsible for bearing any additional charges for customs clearance in your own territory. GMO has no control over these charges and cannot predict what they might be. GMO strongly advises that you contact your local customs office for further information on the customs policies for further information on the customs duties and import taxes that may be applicable to your purchase of the Product.

4.3. When you place order with us, you are classified as the importer of record and must comply with all laws and regulations of the country in which you are receiving the Products. International customers and customers dispatching Products internationally should be aware that cross-border deliveries are subject to inspection by customs authorities. You are fully responsible for any equipment loss due to the customs or governmental agencies confiscation, seizure, search and/or any actions. You hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless GMO, its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of any calculation errors made by GMO in calculating the taxes you owe for your purchases.

5.1. Delivery will be arranged after the order is fully paid. GMO will make delivery of the Products using delivery services provided by third party carriers such as the national post services or DHL. Unless otherwise stated on the Site, the Product's retail price does not include the shipping charges. All delivery or shipment dates are estimates only.

5.2. Delivery shall be complete upon GMO's delivery of the Products to the third party carrier.

5.3. Title to and risk of damage and loss of the Products pass to you upon GMO's tender of the Products to the third party carrier.

6.1. Occasionally parcels are returned to us as undeliverable. We will re-ship your order, but you are responsible for any additional charges incurred in such re-shipment.

6.2. Incorrect address. If the shipping address is incorrect, GMO typically receives the parcel will typically be returned to GMO by the third party carrier or the unintended recipient. Please double-check the address carefully when placing your order.

6.3. Incorrect address format. If our system does not recognize the format in which a shipping address was entered, the parcel may be assigned to a carrier that is unable to deliver the parcel to such shipping address.

6.4. Failed delivery attempts. Most of our carriers will make more than one attempt to deliver a parcel. If the carrier determines that they are unable to successfully deliver your parcel, the carrier will return the parcel to GMO.

6.5. Refused by recipient. If a gift recipient is not expecting a gift, they may refuse to accept the parcel if they believe that it was delivered by mistake.

6.6. Illegible address. In the case an address label becomes illegible in transit, the carrier will return the parcel to GMO.

6.7. Damaged in transit. If a parcel is damaged while it is on its way to you the carrier may return it without attempting delivery.

6.8. You will be responsible for any additional shipping charges that may occur if the package could not be delivered to the address you provided in your order.

7.1. The Product's refund and warranty policy is specified in a separate document (the "Refund and Warranty Policy") made available to you. The Refund and Warranty Policy is a part of Terms and Conditions and you are deemed to accept the Refund and Warranty Policy by agreeing Terms and Conditions.

7.2. Warranty. Any Product that has not been purchased as new from us or our authorized vendors and/or their affiliates is expressly excluded from this warranty. This warranty does not apply to Products that are obtained as a result of the purchase of a Product not sold by us. The terms of the warranty are specified in the Refund and Warranty Policy.

7.3. Term. GMO provides the warranty described above for the Products covered in the applicable Contract for a period of 180 days from the date of the Product shipment stated in the Shipping Confirmation.

7.4. Non-transferability. This warranty is non-transferable and is enforceable only by the original purchaser.

7.5. Damages. We are not responsible for any incidental or consequential damages incurred in connection with the Product or the purchase of the Product. Our responsibility is limited solely to the Product itself. We are not responsible for any indirect, special, incidental or consequential damages arising out of or in relation to any breach of warranty, including but not limited to loss of use, loss of revenue, loss of actual or anticipated profits, loss of anticipated savings, or any indirect or consequential losses or damages, however incurred. We reserve the right to make changes or improvements in design, firmware or manufacturing the Products without assuming any obligation to change or improve Products previously manufactured or sold.

7.6. Defective Products. Unless the defect was not within the scope of the warranty, during the warranty period, we will choose to, at our sole discretion and in accordance with the Refund and Warranty Policy (matters not stipulated in the Refund and Warranty Policy shall be specified separately by us), (i) repair, (ii) replace a defective Product with an identical or similar (e.g. newer) version of the Product or (iii) make a refund.

7.7. Product Return. The Product owner is solely responsible for bearing any costs incurred in connection with any return of a Product, part or component to our service processing facility. If the Product, part, or component is returned uninsured, you assume all risks of loss or damage during shipment.
During the warranty period, you are responsible for the shipping costs incurred for shipping the Products to GMO for repair, and GMO is responsible for the shipping costs incurred for shipping the Products back to you after repair. After the expiration of the warranty period, you are responsible for all shipping costs incurred for shipping the Products to GMO for repair and back to you after repair.

8.1. We offer no warranty for pre-installed software, or the quality, performance, functionality, or compatibility of such pre-installed software for a particular purpose. We do not warrant that the functions contained in the software will meet specific requirements or that the operation of the software will be uninterrupted or error-free. The Product is sold "as is".

8.2. To the extent permitted by applicable law, this warranty does not apply to:

• (a) normal wear and tear;
• (b) damage resulting from accident, abuse, misuse, neglect, improper handling or improper installation;
• (c) damage or loss of the Product caused by undue physical or electrical stress, including but not limited to moisture, corrosive environments, high voltage surges, extreme temperatures, shipping, or abnormal working conditions;
• (d) damage or loss of the Product caused by acts of nature including, but not limited to, floods, storms, fires, and earthquakes;
• (e) damage caused by operator error, or non-compliance with instructions as set out in accompanying documentation;
• (f) alterations by persons other than GMO and its Affiliates ("GMO Group") or authorized service facilities;
• (g) Products, on which the original software has been replaced or modified by persons other than GMO Group or authorized service facilities;
• (h) counterfeit Products;
• (i) damage or loss of data due to interoperability with current and/or future versions of operating system, software and/or hardware;
• (j) damage or loss of data caused by improper usage and behavior which is not recommended and/or permitted in the Product documentation;
• (k) failure of the Product caused by usage of the Products not supplied by us; or
• (l) burnt hash boards or chips.

8.3. This warranty gives you specific legal rights, and you may also have other rights granted under law which vary from country to country. Some of the limitations set forth above may not apply to you if your jurisdiction does not allow the exclusion or limitation of warranties or incidental or consequential damages.

10.1. The Site is provided on an "AS IS," "as available" basis. The GMO Group does not warrant that (i) use of the Site will be uninterrupted or error-free or (ii) the Content provided, or the products or services offered for sale, on this Site are accurate or complete. GMO specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by GMO or its Affiliates shall be construed as a warranty. You expressly agree that your access or use of the Site is at your sole risk.

10.2. GMO does not warrant or make any representations regarding the accuracy, likely results, reliability or otherwise of the mining time or earning potential. You understand that cryptocurrency mining involves a high degree of risk and assume all risks related thereto.

10.3. Under no circumstances shall GMO Group be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to GMO records, programs or services, unless the willful misconduct or gross negligence of GMO Group. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of GMO has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, Products and services available on the Site. Certain jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, and in such jurisdictions liability is limited to the fullest extent permitted by law.

10.4. The Products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing Products for a commercial or business use or application.

11.1. You represent that you are not, and covenant that you shall not be (a) an organized crime group (boryoku-dan; "Organized Crime Group"); (b) a member of an Organized Crime Group (boryoku-dan-in; "Organized Crime Group Member"); (c) a company or a person who had been an Organized Crime Group Member, but five (5) years has not passed since he/she disaffiliated from all Organized Crime Groups; (d) a quasi member of an Organized Crime Group (boryoku-dan-jun-kosei-in); (e) a company related to an Organized Crime Group (boryoku-dan-kankei-kigyo); (f) a corporate racketeer (sokaiya-to); (g) a group engaged in criminal activities under the pretext of conducting social campaigns or political activities (shakai-undo-to-hyobo-goro); (h) a crime group specializing in intellectual crimes (tokushu-chino-boryoku-shudan-to); or (i) a company or person similar or equivalent to sub-paragraphs (a) through (h) above. You represent that to your knowledge, the Products will not be used, directly or indirectly, for any anti-social acts, including (a) a violent demand; (b) an unreasonable demand beyond that permissible under applicable law; (c) threatening words and deeds or violence in relation to a transaction with the Finance Parties; (d) an action to defame the reputation or interfere with the business of the Finance Parties through fraud, the spreading of rumours, or violent or forceful means; or (e) any act similar to any of the above ("Anti-Social Act").

11.2. In the case we determine that it is not appropriate to engage in a transaction with you after becoming aware that the representations in this Section 11 are not or were not true or that you breached the covenants in this Section 11, we may, in our sole discretion, refuse to accept or cancel your order.

12.1. You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively, the "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work, and we own or license a copyright and/or database right or in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content; provided, however, that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary rights, without obtaining permission of the owner of the copyright or other proprietary right.

12.2. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

14.1. We are not responsible for the content of any external websites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In no event shall any reference to an external website or any third party or third party product or service be construed as our approval or endorsement of that external website, third party or product or service provided by such third party.

16.1. For any information, including, without limitation, email addresses, shipping contacts or other information or data (collectively "User Content"), sent, transmitted, or uploaded by you on the Site, you agree to grant us and our respective contractors and business partners a non-exclusive, transferable, license to use, copy, digitally store, and distribute such User Content and to prepare derivative works based on, or incorporate into other works.

16.2. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights or ownership rights of any third party including: any proprietary right of any party, especially bitcoin payment addresses that are not yours or that you have gained access to by an unlawful act such as private key seizure, through a wallet-stealing virus or through any other act that breaching the original owners' rights, including copyright, patent, trademark, trade secret, publicity or privacy rights (including the access of a third party's shipping contacts or email addresses without such third party's prior written consent). You understand and agree that GMO reserves the right to review and delete any User Content for any or no reason, including but not limited to User Content that GMO determines, in its sole discretion, (i) violates these Terms and Conditions, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.

23.1. The Tokyo District Court will have exclusive jurisdiction for any disputes.

23.2. Should you in any manner have violated or threatened to violate the intellectual property rights of GMO Group, we may seek injunctive or other appropriate relief in any court of our choice. You consent to exclusive jurisdiction and venue in such courts.