Terms of Use

Welcome to Blockchains.com a website owned by Blockchains, Inc. (the “Website,” “we,” or “us”). These Terms and conditions of Use (this “Terms of Use”) explain the terms by which you may use the Website. Please read these Terms of Use carefully before viewing or using any portion of the Website, as it contains important information about limitations of liability and resolutions of disputes through arbitration rather than in court. If you do not wish to be bound by these Terms of Use, please exit the site now.

1. USE OF THE WEBSITE.

The contents of this Website are intended for general information and educational purposes, not for commercial use. By accessing and using this website, you acknowledge that you have read, understood, and agreed to all the Terms of Use and will be bound by them without limitation. If you do not agree to the Terms of Use, your sole remedy is to discontinue use of or access to the Website.

Because we respect the rights of children and parents, you may use the Website only if you can form a binding contract with us. Please contact us at privacy@blockchains.com if you believe we may have unknowingly collected personal information from children under the age of 18 and we will take steps to delete any such data.

2. HOW WE UPDATE THESE TERMS OF USE.

We reserve the right, in our sole discretion, to modify or replace these Terms of Use from time to time, so you should review this page periodically. Changes will be effective immediately after they are posted. When we change these Terms of Use in a material way, we will update the “last updated” date located at the bottom of this page. Your continued use of the Website after such change constitutes your acceptance of the new terms. If you do not agree to any of the terms contained herein, or any future terms, your sole remedy is to not use or access (or continue to access) the Website.

3. EXCLUSION OF WARRANTY.

ANY INFORMATION, PRODUCTS OR SERVICES PUBLISHED ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLOCKCHAINS, INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, VALIDITY, ACCURACY, OR RELIABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. USE OF THE WEBSITE IS AT YOUR OWN RISK.

THE INFORMATION, PRODUCTS OR SERVICES DISPLAYED ON THE WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BLOCKCHAINS, INC., OUR PARENT, AFFILIATES, AGENTS, OWNERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT THE INFORMATION, PRODUCTS OR SERVICES ON THE WEBSITE ARE ACCURATE AND FREE OF ERRORS OR OTHER INACCURACIES. WE STRONGLY ENCOURAGE USERS TO DO THEIR OWN RESEARCH WHEN VERIFYING THE ACCURACY OF THE CONTENT ON THE WEBSITE. BLOCKCHAINS, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE AND TO THE FULLEST EXTENT OF THE LAW DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS SERVERS, OR ANY EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4. LIMITATION OF LIABILITY.

To the maximum extent permitted by applicable law, in no event and under no circumstances shall Blockchains, Inc., its parents, affiliates, agents, owners, directors, officers, employees, suppliers, information providers and licensors, and their respective successors and assigns be liable under contract, tort, strict liability, negligence or other legal theory a) with respect to the website for any lost profits or direct, special exemplary, indirect, incidental, punitive, consequential damages, or other damages of any kind whatsoever, substitute goods or services (however arising), even if we have been advised of the possibility of such damage. Under no circumstances will Blockchains, Inc. be responsible for any damage, loss, or injury resulting from your access to, or inability to access, this website or from your reliance on any information on this site. This limitation includes damages to or for any viruses or malware that infect your computer equipment. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed its essential purpose.

The Website is controlled from its facilities in the United States. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to, export and import regulations. You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

5. PROHIBITED TRANSMISSIONS.

You agree that you will not upload, post, transmit, distribute or otherwise publish through this website any material that (1) restricts or limits the ability of any other visitor to use this website, (2) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent, (3) constitutes or encourages conduct that would be a criminal offense, gives rise to civil liability, or otherwise violates the law, (4) violates, plagiarizes, or infringes the rights of any third party, or (5) contains a virus or other harmful or potentially harmful component.

6. INTELLECTUAL PROPERTY RIGHTS.

The content and information on the Website (the “Content”), as well as the infrastructure used to provide such content and information, is our exclusive property and is protected by copyrights, trademarks, or other proprietary rights and laws.

Trademarks. The trademarks, product names, logos, and service marks, (collectively, the “Trademarks”) displayed on the website, whether or not appearing in large print or with a trademark symbol, are registered and unregistered Trademarks of Blockchains, Inc., its subsidiaries, affiliates, licensors, or joint venture partners, unless otherwise noted.

Copyright. Copyright © 2017-2020 Blockchains, Inc. You should assume that the contents of this website are copyrighted, unless otherwise noted, and may not be copied other than for your own personal, noncommercial use, provided any copy retains all copyright or other proprietary notices and disclaimers. Without the express written consent of Blockchains, Inc., any further copying, distribution or publication of such personal, noncommercial copy, and any other copying, displaying, distributing, reproducing, republishing or transmission of any of the website contents, in whole or in part, in any electronic or tangible medium, and the creation of any derivative work based on the website contents, is prohibited.

The use or misuse of the Trademarks, Copyrights, or any other content of this website, except as expressly permitted herein, is strictly prohibited and may be in violation of copyright and/or trademark laws, or other tort or property laws including libel, slander, privacy, publicity, and communications regulations and statutes.

7. PRIVACY.

We value the privacy of our users. By using the Website, you agree, acknowledge and understand that you consent to the collection, use, and disclosure of your personally identifiable information and other information as set forth in our Privacy Policy and Cookie Policy, and to have such information collected, used, transferred to and processed in the United States. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

8. EXTERNAL LINKS.

Certain links, including hyperlinks, on the Website will take you to external websites over which Blockchains, Inc. has no control. These are provided for your convenience and inclusion of any link does not imply our endorsement or approval of the linked site, its operator or its content. We are not responsible for the privacy practices or content of any website outside the Website and make no representations or warranties of any kind as to the accuracy, completeness, or currency of any information provided on such sites. You understand that these Terms of Use, our Privacy Policy, and our Cookie Policy do not apply to your use of such external sites. We encourage you to be aware of when you leave the Website, and to read the terms of use and privacy policy and/or cookie policy of any third-party website or service that you visit as it may be different from those governing this Website.

9. TERMINATION.

The Website and this Terms of Use are in effect until terminated by Blockchains, Inc. We may terminate or suspend the Website, in whole or in part, with or without prior notice or liability, for any reason or for no reason. We may terminate or suspend your use of the Website if we believe that you have violated or acted inconsistently with the letter or spirit of this Terms of Use. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property and ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless Blockchains, Inc., its affiliates, and subsidiaries, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective successors and assigns from and against any and all losses, expenses, damages, and costs, including attorneys’ fees, resulting from any violation by you of the Terms of Use. We reserve the right to have all violators prosecuted to the fullest extent of the law.

11. DISPUTES.

We are committed to user satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. If we are unsuccessful, you may pursue Claims as explained and defined in this section. You agree to give us an opportunity to resolve any disputes or Claims relating to the Website, these Terms of Use, our Privacy Policy, or our Cookie Policy (“Claims”) by sending an email to support@blockchains.com setting forth the details of your Claim(s). If we are unable to resolve your Claims within 60 days of receiving your email, you may seek relief through arbitration or in small Claims court, as set forth below.

Any and all Claims, except for those described in the following paragraph, will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our parents, or our subsidiaries, which are beneficiaries of this arbitration agreement. This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Term of Use required arbitration.

Equitable remedies or injunctive relief (including appropriate restraining orders and injunctions) may be sought and obtained by us from a court of competent jurisdiction. However, all other disputes or Claims arising out of or under any of the terms of these Terms of Use shall be determined exclusively by mandatory, binding arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

Arbitrations will be conducted by the JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Payment of all filing, administration and arbitrator fees will be governed by the JAMS’ rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the JAMS and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to Attention: Legal Department at Blockchains, Inc. 610 Waltham Way, Sparks, Nevada 89437. If we request arbitration against you, we will give you notice based on the information we have available. The JAMS’ rules and filing instructions are available at www.jamsadr.com or by calling 1-800-352-5267.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. An arbitration decision may be confirmed by any court with competent jurisdiction.

12. GOVERNING LAW.

These Terms of Use, your performance under it, and any disputes arising out of or under it shall be governed by the internal substantive laws of the state of Nevada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state or federal court located in Washoe County, Nevada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, or if for any reason a claim proceeds in court rather than in arbitration.

13. CONTACT.

Please contact us at privacy@blockchains.com with any questions regarding these Terms of Use.

These Terms of Use were last updated on December 15, 2020.

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