We reserve the right, in our sole discretion, to modify or replace this Agreement from time to time, so you should review this page periodically. When we change the Agreement 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 or any future terms, do not use or access (or continue to access) the Website.
USE OF 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, and only in compliance with this Agreement and all applicable local, state, national and international laws, rules and regulations. The Website is provided for your personal, noncommercial use only. You are prohibited from using the Website for any commercial purposes.
The content and information on the Website, as well as the infrastructure used to provide such content and information, is our exclusive property. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the information, products or services on the Website, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any information, services or products obtained from or through the Website. “Blockchains.com,” and other graphics, logos, designs, page headers, button icons, scripts, and names used on the Website are trademarks. Our trademarks or trade dress are protected by the laws of the United States and/or other countries or jurisdictions and may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Website or materials on the Website for any purpose not expressly permitted by this Agreement is strictly prohibited.
If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us, including litigation costs and damages.
ANY INFORMATION, PRODUCTS OR SERVICES PUBLISHED ON THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY 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.COM, 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. WE DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR PARENTS, AFFILIATES, AGENTS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY A) WITH RESPECT TO THE WEBSITE FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR B) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED DOLLARS ($100), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR THE INFORMATION CONTAINED THEREIN. 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 this Agreement 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.
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. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
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 this Agreement 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 this Agreement 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, LLC 610 Waltham Way, Sparks, Nevada 89434. 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 this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
This Agreement 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 Reno, 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.
a. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with the Website, shall constitute the entire agreement concerning the Website. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate this Agreement and its rights and obligations without your consent.