Information & notices
This terms was last updated September, 2023.
The website located at www.blockchainlabs.tech (the “Site”) is a copyrighted work belonging to
Blockchain Labs, LLC (“Company”, “us”, “our”, and “we”). Certain features of the Site may be
subject to additional guidelines, terms, or rules, which will be posted on the Site in
connection with such features. All such additional terms, guidelines, and rules are incorporated
by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN
YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF
OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE
RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY
THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT
LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS
AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) ON AN INDIVIDUAL BASIS TO RESOLVE
DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU
IN THE EVENT OF A DISPUTE.
- ACCOUNTS
- Account Creation. In order to
use certain features of the Site, you must register for an account
(“Account”) and provide certain information about yourself as prompted by
the account registration form. You
represent and warrant that: (a) all required registration information you submit
is truthful and accurate; (b) you will maintain the accuracy of such
information. You may delete your Account at any time, for any reason, by
following the instructions on the Site.
Company may suspend or terminate your Account in accordance with Section
7.
- Account Responsibilities. You
are responsible for maintaining the confidentiality of your Account login
information and are fully responsible for all activities that occur under your
Account. You agree to immediately
notify Company of any unauthorized use, or suspected unauthorized use of your
Account or any other breach of security.
Company cannot and will not be liable for any loss or damage arising from
your failure to comply with the above requirements.
- ACCESS TO THE SITE
- License. Subject to these
Terms, Company grants you a non-transferable, non-exclusive, revocable, limited
license to use and access the Site solely for your own personal, noncommercial
use.
- Certain Restrictions. The
rights granted to you in these Terms are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute,
host, or otherwise commercially exploit the Site, whether in whole or in part,
or any content displayed on the Site; (b) you shall not modify, make derivative
works of, disassemble, reverse compile or reverse engineer any part of the Site;
(c) you shall not access the Site in order to build a similar or competitive
website, product, or service; and (d) except as expressly stated herein, no part
of the Site may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future
release, update, or other addition to functionality of the Site shall be subject
to these Terms. All copyright and
other proprietary notices on the Site (or on any content displayed on the Site)
must be retained on all copies thereof.
- Modification. Company reserves
the right, at any time, to modify, suspend, or discontinue the Site (in whole or
in part) with or without notice to you.
You agree that Company will not be liable to you or to any third party
for any modification, suspension, or discontinuation of the Site or any part
thereof.
- No Support or Maintenance. You
acknowledge and agree that Company will have no obligation to provide you with
any support or maintenance in connection with the Site.
- Ownership. You acknowledge
that all the intellectual property rights, including copyrights, patents, trade
marks, and trade secrets, in the Site and its content are owned by Company or
Company’s suppliers. Neither these
Terms (nor your access to the Site) transfers to you or any third party any
rights, title or interest in or to such intellectual property rights, except for
the limited access rights expressly set forth in Section 2.1. Company and its
suppliers reserve all rights not granted in these Terms. There are no implied licenses granted
under these Terms.
- INDEMNIFICATION. You agree to indemnify and hold Company (and its officers,
employees, and agents) harmless, including costs and attorneys’ fees, from any claim or
demand made by any third party due to or arising out of (a) your use of the Site, (b)
your violation of these Terms or (c) your violation of applicable laws or
regulations. Company reserves the right, at
your expense, to assume the exclusive defense and control of any matter for which you
are required to indemnify us, and you agree to cooperate with our defense of these
claims. You agree not to settle any matter
without the prior written consent of Company.
Company will use reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.
- THIRD-PARTY LINKS & ADS; OTHER USERS
- Third-Party Links & Ads.
The Site may contain links to third-party websites and services,
and/or display advertisements for third parties (collectively, “Third-Party
Links & Ads”). Such
Third-Party Links & Ads are not under the control of Company, and Company is
not responsible for any Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not review,
approve, monitor, endorse, warrant, or make any representations with respect to
Third-Party Links & Ads. You use
all Third-Party Links & Ads at your own risk, and should apply a suitable
level of caution and discretion in doing so. When you click on any of the
Third-Party Links & Ads, the applicable third party’s terms and policies
apply, including the third party’s privacy and data gathering practices. You should make whatever investigation
you feel necessary or appropriate before proceeding with any transaction in
connection with such Third-Party Links & Ads.
- Other Users. Your
interactions with other Site users are solely between you and such users. You agree that Company will not be
responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute
between you and any Site user, we are under no obligation to become involved.
- Release. You hereby release
and forever discharge the Company (and our officers, employees, agents,
successors, and assigns) from, and hereby waive and relinquish, each and every
past, present and future dispute, claim, controversy, demand, right, obligation,
liability, action and cause of action of every kind and nature (including
personal injuries, death, and property damage), that has arisen or arises
directly or indirectly out of, or that relates directly or indirectly to, the
Site (including any interactions with, or act or omission of, other Site users
or any Third-Party Links & Ads).
”
- DISCLAIMERS
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS)
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE
SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE,
COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW
REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
- LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO
USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR
COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED
TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT
ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS
WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- TERM AND TERMINATION. Subject to this Section, these Terms will remain in full
force and effect while you use the Site. We
may suspend or terminate your rights to use the Site (including your Account) at any
time for any reason at our sole discretion, including for any use of the Site in
violation of these Terms. Upon termination of
your rights under these Terms, your Account and right to access and use the Site will
terminate immediately. Company will not have
any liability whatsoever to you for any termination of your rights under these Terms,
including for termination of your Account.
Even after your rights under these Terms are terminated, the following provisions
of these Terms will remain in effect: Sections 2.2 through 2.5 and Sections 3 through 8.
- GENERAL
- Changes. These Terms are
subject to occasional revision, and if we make any substantial changes, we may
notify you by sending you an e-mail to the last e-mail address you provided to
us (if any), and/or by prominently posting notice of the changes on our
Site. You are responsible for
providing us with your most current e-mail address. In the event that the last e-mail
address that you have provided us is not valid, or for any reason is not capable
of delivering to you the notice described above, our dispatch of the e-mail
containing such notice will nonetheless constitute effective notice of the
changes described in the notice. Any
changes to these Terms will be effective upon the earlier of thirty (30)
calendar days following our dispatch of an e-mail notice to you (if applicable)
or thirty (30) calendar days following our posting of notice of the changes on
our Site. These changes will be
effective immediately for new users of our Site.
Continued use of our Site following
notice of such changes shall indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes.
- Dispute Resolution. Please read this Arbitration Agreement
carefully. It is part of your
contract with Company and affects your rights. It contains procedures for
MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes
(excluding claims for injunctive or other equitable relief as set forth
below) in connection with the Terms or the use of any product or service
provided by the Company that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual
basis under the terms of this Arbitration Agreement. Unless otherwise agreed to,
all arbitration proceedings shall be held in English. This Arbitration Agreement
applies to you and the Company, and to any subsidiaries, affiliates,
agents, employees, predecessors in interest, successors, and assigns, as
well as all authorized or unauthorized users or beneficiaries of
services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek
arbitration, the party must first send to the other party a written
Notice of Dispute (“Notice”) describing the nature and basis of
the claim or dispute, and the requested relief. A Notice to the Company should
be sent to: 440 Pacific Avenue, San Francisco, California 94133. After the Notice is received,
you and the Company may attempt to resolve the claim or dispute
informally. If you and the
Company do not resolve the claim or dispute within thirty (30) days
after the Notice is received, either party may begin an arbitration
proceeding. The amount of any
settlement offer made by any party may not be disclosed to the
arbitrator until after the arbitrator has determined the amount of the
award, if any, to which either party is entitled.
- Arbitration Rules.
Arbitration shall be initiated through the American Arbitration
Association (“AAA”), an established alternative dispute
resolution provider (“ADR Provider”) that offers arbitration as
set forth in this section. If
AAA is not available to arbitrate, the parties shall agree to select an
alternative ADR Provider. The
rules of the ADR Provider shall govern all aspects of the arbitration,
including but not limited to the method of initiating and/or demanding
arbitration, except to the extent such rules are in conflict with the
Terms. The AAA Consumer
Arbitration Rules (“Arbitration Rules”) governing the arbitration
are available online at www.adr.org or
by calling the AAA at 1-800-778-7879.
The arbitration shall be
conducted by a single, neutral arbitrator. Any claims or disputes where
the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking
relief. For claims or
disputes where the total amount of the award sought is Ten Thousand U.S.
Dollars (US $10,000.00) or more, the right to a hearing will be
determined by the Arbitration Rules.
Any hearing will be held in a location within 100 miles of your
residence, unless you reside outside of the United States, and unless
the parties agree otherwise.
If you reside outside of the U.S., the arbitrator shall give the
parties reasonable notice of the date, time and place of any oral
hearings. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction. If the arbitrator grants you
an award that is greater than the last settlement offer that the Company
made to you prior to the initiation of arbitration, the Company will pay
you the greater of the award or $2,500.00. Each party shall bear its own
costs (including attorney’s fees) and disbursements arising out of the
arbitration and shall pay an equal share of the fees and costs of the
ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based
arbitration is elected, the arbitration shall be conducted by telephone,
online and/or based solely on written submissions; the specific manner
shall be chosen by the party initiating the arbitration. The arbitration shall not
involve any personal appearance by the parties or witnesses unless
otherwise agreed by the parties.
- Time Limits. If you or
the Company pursue arbitration, the arbitration action must be initiated
and/or demanded within the statute of limitations (i.e., the legal
deadline for filing a claim) and within any deadline imposed under the
AAA Rules for the pertinent claim.
- Authority of Arbitrator.
If arbitration is initiated, the arbitrator will decide the
rights and liabilities, if any, of you and the Company, and the dispute
will not be consolidated with any other matters or joined with any other
cases or parties. The
arbitrator shall have the authority to grant motions dispositive of all
or part of any claim. The
arbitrator shall have the authority to award monetary damages, and to
grant any non-monetary remedy or relief available to an individual under
applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a
written award and statement of decision describing the essential
findings and conclusions on which the award is based, including the
calculation of any damages awarded.
The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of the arbitrator is
final and binding upon you and the Company.
- Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY
RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY,
instead electing that all claims and disputes shall be resolved by
arbitration under this Arbitration Agreement. Arbitration procedures are
typically more limited, more efficient and less costly than rules
applicable in a court and are subject to very limited review by a
court. In the event any
litigation should arise between you and the Company in any state or
federal court in a suit to vacate or enforce an arbitration award or
otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead
electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN
THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED
ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN
ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All
aspects of the arbitration proceeding, including but not limited to the
award of the arbitrator and compliance therewith, shall be strictly
confidential. The parties
agree to maintain confidentiality unless otherwise required by law. This paragraph shall not
prevent a party from submitting to a court of law any information
necessary to enforce this Agreement, to enforce an arbitration award, or
to seek injunctive or equitable relief.
- Severability. If any
part or parts of this Arbitration Agreement are found under the law to
be invalid or unenforceable by a court of competent jurisdiction, then
such specific part or parts shall be of no force and effect and shall be
severed and the remainder of the Agreement shall continue in full force
and effect.
- Right to Waive. Any or
all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is
asserted. Such waiver shall
not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement.
This Arbitration Agreement will survive the termination of your
relationship with Company.
- Small Claims Court.
Notwithstanding the foregoing, either you or the Company may
bring an individual action in small claims court.
- Emergency Equitable Relief.
Notwithstanding the foregoing, either party may seek emergency
equitable relief before a state or federal court in order to maintain
the status quo pending arbitration.
A request for interim measures shall not be deemed a waiver of
any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration.
Notwithstanding the
foregoing, claims of defamation, violation of the Computer Fraud and
Abuse Act, and infringement or misappropriation of the other party’s
patent, copyright, trademark or trade secrets shall not be subject to
this Arbitration Agreement.
- Courts. In any
circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the
personal jurisdiction of the courts located within San Francisco County,
California, for such purpose
- Export. The Site may be subject to U.S. export control laws and may be
subject to export or import regulations in other countries. You agree not to
export, reexport, or transfer, directly or indirectly, any U.S. technical data
acquired from Company, or any products utilizing such data, in violation of the
United States export laws or regulations.
- Disclosures. Company is
located at the address in Section 8.8. If you are a California resident, you may
report complaints to the Complaint Assistance Unit of the Division of Consumer
Product of the California Department of Consumer Affairs by contacting them in
writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800)
952-5210.
- Electronic Communications. The
communications between you and Company use electronic means, whether you use the
Site or send us emails, or whether Company posts notices on the Site or
communicates with you via email. For contractual purposes, you (a) consent to
receive communications from Company in an electronic form; and (b) agree that
all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any legal
requirement that such communications would satisfy if it were be in a hardcopy
writing. The foregoing does not affect your non-waivable rights.
- Entire Terms. These Terms constitute the entire agreement between you and
us regarding the use of the Site. Our failure to exercise or enforce any right
or provision of these Terms shall not operate as a waiver of such right or
provision. The section titles in these Terms are for convenience only and have
no legal or contractual effect. The word “including” means “including without
limitation”. If any provision of
these Terms is, for any reason, held to be invalid or unenforceable, the other
provisions of these Terms will be unimpaired and the invalid or unenforceable
provision will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law. Your
relationship to Company is that of an independent contractor, and neither party
is an agent or partner of the other.
These Terms, and your rights and obligations herein, may not be assigned,
subcontracted, delegated, or otherwise transferred by you without Company’s
prior written consent, and any attempted assignment, subcontract, delegation, or
transfer in violation of the foregoing will be null and void. Company may freely assign these
Terms. The terms and conditions set
forth in these Terms shall be binding upon assignees.
- Copyright/Trademark Information.
Copyright © 2023 Blockchain Labs, LLC. All rights reserved. All trademarks, logos and service
marks (“Marks”) displayed on the Site are our property or the property of
other third parties. You are not permitted to use these Marks without our prior
written consent or the consent of such third party which may own the Marks.
- Contact Information:
Address:
16192 Coastal Highway
Lewes, Delaware 19958-9776
Telephone: +1 (302) 5495499
Email: [email protected]