TERMS OF USE

HUT 8 MINING CORP. 

TERMS OF USE

These are the terms of use (“Terms of Use”) for the use of the products and services, content, functionality, materials, information and software made available on or through https://hut8mining.com/ (the “Website“) owned and operated by Hut 8 Mining Corp. (hereinafter referred to as “Hut 8”, “we”, “We, “us”, “Us”, “our” or “Our”) by you (“you”, “You”, “user” or “User”). You may be accessing the Website from a computer, mobile device, application or by any other means now known or hereafter devised, and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access. 

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you agree to follow and be bound by these Terms of Use whether or not you have read them. Hut 8 reserves the right to change these Terms of Use, as well as any products, services, prices, and programs mentioned on the Website at any time, in its sole discretion, without notice. You are responsible for reviewing these Terms of Use often enough to stay current of any changes. Hut 8 will endeavor to notify you of any material changes by posting notice of such changes on the Website. Your continued use of any part of the Website after Hut 8 posts notice of such changes to these Terms of Use (regardless of whether Hut 8 has specifically notified you of such changes) shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms of Use. 

If you do not agree to all of these Terms of Use, you should not access, visit or participate in the Website. Hut 8 reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use. If you breach any of these Terms of Use, your authorization to use the Website automatically terminates and you agree to immediately destroy any material you obtained from the Website (or derived from material you obtained from the Website). Any rights not expressly granted herein are reserved. Please note that these Terms of Use cover your use of the Website and do not necessarily cover your use of products accessed through the Website. Hut 8 will not be liable to you or any third-party for any claims or actions arising or resulting from your use, visit, or participation in the Website and for any modification, suspension, or termination of the Website, or termination of your access to any of your accounts.

The Website is offered and available to legally eligible users of at least 18 years of older depending on the laws of their jurisdictions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Hut 8 and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.  

TERMINATION OF USE

You agree that Hut 8 may, in its sole discretion, at any time terminate your access to all or any part of the Website and any account you may have in connection with the Website without notice, for any reason whatsoever, including, without limitation, any violation of these Terms of Use. Access to the Website may be monitored by Hut 8.

THIRD PARTY WEBSITES, CONTENT, PRODUCTS AND SERVICES

The Website may provide links to other websites and access to content, products and services from third parties, which are not under the control of Hut 8. You agree that Hut 8 is not responsible for third party content accessible through the Website, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such content. Hut 8 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hut 8 of any such content or website or association with its operators and does not grant you any license to products or services available through those links. You should refer to the policies posted by other websites regarding privacy and other topics before you use them, as Hut 8 is not in any way responsible for the practices (including, privacy practices) of such websites. When you access a website other than the Website, you do so at your own risk. The Website may mention third-party products and services for informational purposes. Hut 8 makes no recommendations or endorsements about third-party products and services.

WEBSITE PROTECTED BY COPYRIGHT

All materials (graphics, icons, HTML, javascripts, color schemes, multimedia, logos, photographs, copywriting, et al) that appear on the Website are the property of Hut 8 and copyrighted by same. Other materials on the Website not originally produced by us (some audio, video, trademarks, et al) are copyrighted by their respective creators/owners and appear here either by permission, example or as public domain reference material.

CURRENCY OF WEBSITE

Hut 8 reserves the right to make changes or updates to the Website at any time without notice and updates the information on the Website regularly. However, such information is not intended to be a comprehensive review of all matters and developments concerning Hut 8, and Hut 8 cannot guarantee the accuracy, currency or completeness of the information at all times and assumes no responsibility, and disclaims all liability, for any reliance placed on such information by you or by anyone who may be informed of any of its contents. Accordingly, any reliance you place on such information is strictly at your own risk. 

Further, Hut 8 makes no commitment to update materials on the Website, and makes no representations, warranties or commitments concerning the availability of future products, features or versions that may be planned or under development or any specifications described on the Website. Hut 8 has no special relationship or fiduciary duty to you.

NOTE ABOUT CHILDREN

Children under the age of 13 are not eligible to use the Website, and we ask that they do not submit any personal information to us.

WEBSITE IS PROVIDED AS A SERVICE ONLY

The Website and the information contained herein is not intended to, and does not constitute, an offer to sell, or a solicitation of an offer to buy, any securities of Hut 8 in any jurisdiction, or a recommendation to buy or sell any securities of Hut 8 in any jurisdiction, and the Website and the information contained herein in no way should be construed or interpreted as such. No securities commission or other regulatory authority in Canada or any other country or jurisdiction has in any way passed upon the information contained on the Website, and no representation or warranty is made by Hut 8 to that effect. 

The information on the Website is not intended to modify, qualify, supplement, or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to Hut 8 and should not be used or relied upon for the purpose of making investment decisions concerning any securities of Hut 8. If you are considering any investment in the securities of Hut 8, you are advised to seek independent professional advice and refer to Hut 8’s official disclosure documents which are made available to the public in accordance with applicable securities laws and filed with the Canadian securities regulatory authorities on SEDAR under Hut 8’s profile at www.sedar.com. Printed copies of public disclosure documents may also be obtained from Hut 8, upon request. Hut 8 assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to the Website. Therefore, the Website may include technical or other inaccuracies. 

NOT RESPONSIBLE FOR INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties inherent in the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Website. Computer viruses or other destructive programs may also be inadvertently downloaded from the Website. Hut 8 shall not be liable for Internet software, computer viruses or destructive programs and recommends that you install appropriate anti-virus or other protective software. Any content, materials, information, products, or software downloaded or otherwise obtained through the use of the Website is used at your own discretion and risk. Hut 8 shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information, products or software or the upload by you of any content, materials, information, software, products or other materials to the Website.

 

STOCK QUOTES

All stock quotes and historical stock price data provided on the Website are provided by third party service providers and are provided for informational purposes only and are not intended for trading purposes. If you are contemplating trading in the securities of Hut 8, we strongly advise you to seek independent professional advice before making any investment decision. Hut 8 makes no representation or warranty regarding the accuracy or completeness of any such stock price quotes or historical stock price data and has not taken any steps to verify the adequacy, accuracy or completeness of the information provided herein.

CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS

Certain statements on the Website are “forward-looking statements” within the meaning of applicable securities legislation, which reflect Hut 8’s expectations regarding, among other things, future growth, supply and demand for its product offerings, any appreciation in the value of its assets, results of operations, performance and business prospects and opportunities. Wherever possible, words or phrases such as “anticipate,” “objective,” “may,” “will,” “might,” “should,” “could,” “can,” “intend,” “expect,” “believe,” “estimate,” “predict,” “potential,” “plan,” “is designed to” or similar expressions suggest future outcomes or the negative thereof or similar variations, have been used to identify forward-looking statements from time to time contained on the Website. Such forward-looking statements reflect Hut 8’s current beliefs with respect to future events and are based on information currently available to Hut 8. Forward-looking statements involve significant known and unknown risks, uncertainties and assumptions. A number of factors could cause actual results, performance or achievements to be materially different from any future results, performance or achievements that may be expressed or implied by such forward-looking statements including, without limitation, those risks and uncertainties discussed elsewhere on the Website and in Hut 8’s annual report, management information circular, annual information form and other filings on SEDAR available under Hut 8’s profile at www.sedar.com. 

Additional risks, uncertainties and other important factors that may cause the actual results to be materially different from those expressed or implied by forward-looking statements, include, among others, (i) business, economic and capital market conditions; (ii) regulatory uncertainties; (iii) market conditions and the demand and pricing for our products; (iv) the demand and pricing of bitcoins; (v) security threats, including a loss/theft of Hut 8’s bitcoins; (vi) uncertainty inherent in, or unforeseen changes affecting, (A) our relationships with our customers, distributors and business partners, (B) our ability to successfully define, design and release new products in a timely manner that meet our customers’ needs, (C) our ability to maintain technological leadership, and/or (D) our ability to attract, retain and motivate qualified personnel; (vii) competition in our industry; (viii) the impact of technological changes on our products and industry; (ix) our failure to develop new and innovative products; and (x) such other developments (including, without limitation, equipment failure, or our inability to successfully maintain and enforce our intellectual property rights and defend third-party claims of infringement of our intellectual property rights). 

Should one or more of these risks or uncertainties materialize, or should assumptions underlying the forward-looking statements prove incorrect, actual results, performance or achievements could vary materially from those expressed or implied by the forward-looking statements contained on the Website. These factors should be considered carefully, and you should not place undue reliance on any forward-looking statements contained on the Website. Although the forward-looking statements contained on the Website are based upon what Hut 8 currently believes to be reasonable assumptions, Hut 8 cannot provide any assurance that its actual results, performance or achievements will be consistent with any such forward-looking statements. All such forward-looking statements are made as of the date of inclusion on the Website, and Hut 8 does not intend, and Hut 8 does not assume any obligation, to update or revise any forward-looking statements to reflect new events or circumstances, except as required by law.

DISCLAIMER

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING, WITHOUT LIMITATION, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED BY HUT 8 (AND ALL PERSONS ASSOCIATED WITH HUT 8) TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER HUT 8, NOR ANY PERSON ASSOCIATED WITH HUT 8, WARRANTS THAT (1) THE WEBSITE OR ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR WILL BE ACCURATE, RELIABLE OR CORRECT, OR MEET ANY EXPECTATIONS, (2) THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (3) YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, (4) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (5) ANY CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (6) THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.

TO THE FULLEST EXTENT PROVIDED BY LAW, HUT 8 WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. See also, the heading entitled “Not Responsible for Internet Software or Computer Viruses” in these Terms of Use.

EXCLUSION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HUT 8, ITS AFFILIATES, AND THEIR RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY CLAIMS, EXPENSES, DAMAGES OR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY ACTION OR DECISION MADE BY YOU OR ANY OTHER PERSON IN RELIANCE ON THE WEBSITE OR THE CONTENT, OR ANY UNAUTHORIZED USE OR REPRODUCTION OF THE WEBSITE OR THE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF HUT 8 IS MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS, EXPENSES, DAMAGES OR LOSSES.

INDEMNITY

BY USING THE WEBSITE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HUT 8, ITS AFFILIATES, AND THEIR RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS, ANY USE OF THE WEBSITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE. 

CHOICE OF LAW & FORUM

The Website and these Terms of Use are governed by the laws applicable in the Province of Ontario, Canada. All disputes arising from these Terms must be resolved exclusively by the courts of the Province of Ontario. By using the Website, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

PRIVACY

Hut 8 respects your right to privacy of your personal information. Please review our privacy policy (the “Privacy Policy“) available at [Insert URL] for details on the way we collect, use, disclose and otherwise manage any of your personal information. By using the Website, you consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy.

WAIVER AND SEVERABILITY

No waiver by Hut 8 of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hut 8 to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.