Terms & Condition

 

TERMS OF SERVICE

Last Updated: 10/16/18

 

These Terms of Service (“TOS”) constitute a legally binging agreement between Blok, LLC dba blokforge.com (“We” or “Company”), and users (“You”) of the website blokforge.com, as well as any other websites operated by Company, any mobile applications owned or operated by Company, and any communication tools including email or any other content delivery method (collectively, the “Services”).  These TOS incorporate by this reference the Company’s Privacy Policy, available here.

 

Please read these TOS carefully and in their entirety before using the Services and/or purchasing products or services from the Company. You agree to be bound by these TOS by purchasing products or services from the Company, using or accessing any of the Services, or creating an Account.  If you do not agree to these TOS, you are not permitted to purchase products or services from the Company, use or access the Services, or create an Account.

 

  1. SERVICES
    • Grant of License. We hereby grant to you a limited, non-exclusive, non-assignable, non-transferable license to access and use the Services, subject to your agreement to, compliance with, and satisfaction of these TOS. We reserve all rights not otherwise expressly granted by these TOS. If you do not comply with these TOS, we reserve the right to revoke any license granted in these TOS and limit your access to the Services. Any use of the Services in excess of this license is strictly prohibited and constitutes a violation of these TOS, which may result in the termination of your right to access and use the Services.
    • We may discontinue or alter any aspect of the Services, restrict the time the Services are available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to the Services without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification we make to the Services.
    • Removal of Access. Your access to the Services is provided on a temporary basis with no guarantee for future availability. You agree that we may immediately suspend or terminate your access to the Services or any part thereof. Cause for such measures include, without limitation: (1) breach or violation of these TOS or other incorporated agreements or guidelines; (2) discontinuance or material modification to the Services; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; or (5) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
  2. USAGE AND LIMITATIONS
    • Intellectual Property Ownership; Content. Unless otherwise specifically noted in these TOS, the source code, layout, look, appearance, and graphics of the website, as well as any images, trademarks, service marks, logos, icons, software, photos, videos, text, graphics, music, sounds, and other material or information provided by us or third parties (collectively, the “Company Content”) and all other intellectual property rights in and to the Company Content are the sole and exclusive property of Company and/or its licensors and may not be used without Company or its licensors’ written consent. You understand and agree that these rights in any Company Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Company Content. Company Content may also include information that you provide to us (collectively “User Content”). User Content is your intellectual property. We do not claim ownership rights in such User Content. However, by posting User Content via the Services, you hereby grant to us a limited, transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating such User Content. We reserve the right to remove User Content or Company Content from the Services at any time and for any reason without notification to you. COMPANY DOES NOT PROVIDE OR CONTROL, AND IS NOT RESPONSIBLE FOR, USER CONTENT. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF, OR ANY ACTIVITIES ASSOCIATED WITH, ANY USER CONTENT THAT YOU POST OR PROVIDE THROUGH THE SERVICES. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON USER CONTENT OR OTHER CONTENT YOU FIND ON THE SERVICES ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will we be liable in any way for User Content or for any loss or damage of any kind incurred as a result of the transmission of any of User Content through the Services.
    • User Content Restrictions. You may not upload, post, or transmit any User Content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of Company or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, harmful, embarrassing, or objectionable to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your account, Company, or the Services; or (5) promotes or displays any of the following content: (a) pornography; (b) violence; (c) racial intolerance or advocacy against any individual, group, or organization; (d) profanity; (e) hacking or cracking; (f) illicit drugs and drug paraphernalia; (g) sale of alcohol, tobacco, or tobacco-related products; or (h) the sale of weapons or ammunition. We reserve the right, but have no obligation, to pre-screen, review, flag, filter, modify, refuse, and remove any and all User Content from the Service. You understand and expressly acknowledge that by using the Services you may be exposed to content that you find offensive, indecent, or objectionable and that we will not be liable to you or any other person or entity for your consumption of any content on the Services.
    • No Responsibility. We cannot and do not assume any responsibility for your use or misuse of Company Content or any other information transmitted, monitored, stored, or received while using the Services. We reserve the right to amend or delete any Company Content (along with the right to terminate or restrict use of or access to the Services) that in our sole discretion violates any of the above. By providing User Content via the Services, you further understand and agree that you do so at your own risk and that we are not responsible for the damage or loss of any such User Content. You agree that we are not liable for any legal violation caused by your use or misuse of Company Content or other information transmitted, monitored, stored, or received while using the Services.
    • We welcome your comments, feedback, information, or materials regarding the Services or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and do hereby irrevocably assign to Company, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. Company will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
    • Links; Third Party Materials. The Services may include, or third parties may provide, links to other websites or resources on the Internet (collectively, “Third Party Materials”). Because we have no control over Third Party Materials, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Materials or for any privacy or other practices of the third parties operating those websites or providing such materials. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third Party Materials available on or through any such website or resource. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third party websites and Third Party Materials.
    • Some aspects of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the Company Content stored on the Services and queries made through the Services. The manner, mode, and extent of advertising on the Services are subject to change without notice to you.
    • An “Extension” is a small, unobtrusive software program that can modify and enhance the functionality of the Services. Extensions may have heightened access privileges to your web browser and computer, including the ability to read and modify your private data. You agree that you will use any Extension you install to your web browser or computer, whether provided by us or a third party, in accordance with the applicable end user license agreement associated with such Extension. From time to time, we may discover an Extension that violates our developer terms or other such legal agreement, law, regulation, or policy. We reserve the right, at our sole discretion, to remotely disable or remove any such Extension without prior notice or liability to you.
  3. PLACING AN ORDER
    • The Services offer, among other things, products and services for sale to members of the public. To place an order, you should first add the desired products and services to your Shopping Cart. You can add, delete, update, or change the quantities of products and services in your Shopping Cart while you shop on the Services. Once you are ready to purchase the products and services in your shopping cart on the applicable Services, proceed to the check-out section of the website to enter the shipping and payment information needed to complete your order.
    • Order Confirmation. After you place an order, Company shall provide you with a printable order confirmation screen detailing the order. You will also receive an order confirmation email which will include the order details. Please be sure to save this order confirmation and to print out a copy. This is the receipt for proof of purchase; your merchandise will not include an additional receipt or packing slip.
    • When you place an order, Company may, but is not required to, verify certain information before the order is filled, including without limitation your personal information, payment information, and/or creditworthiness. Certain orders are subject to a 24-hour verification period as a precautionary measure against unauthorized credit card use. To assist in minimizing unauthorized card usage, please ensure that your credit card company has current information on file including any alternate or authorized shipping addresses.
    • You can cancel or alter your order up until you submit the order. If you notice an error in an order or want to modify or cancel an order after it has been submitted, you should immediately contact Company via the information provided on the Contact Us page available here. Please include your name and order number. Upon receipt of your request Company may, but is not required to, attempt to modify or cancel your order, but the Company does not guarantee that such effort will be successful in whole or in part. You acknowledge and agree that there may be situations in which Company is unable to modify or cancel your order after it has been submitted. In the event that Company is unable to modify or cancel your order, you agree to nonetheless be bound by the terms of the sale.
  4. YOUR ACCOUNT
    • Account Creation. When you place an order, you will have the opportunity to complete your order as a guest, or you can create a user Account (an “Account”). By creating an Account, you can quickly access product support, updates, and promotions. Should you choose to create an Account, you will be prompted to provide information needed for Company to open the Account, which information may include, but is not necessarily limited to, the following: full name, address, telephone number, email address, and/or payment information. You must accept these TOS to create an Account.
    • Account Rules. You may use Company, the Services, and your Account only for personal, non-commercial use. Any other use is prohibited. You may open only one Account. You shall not exceed, or attempt to exceed, the authorizations associated with your Account and the Services. You shall not, directly or indirectly (i.e. through the use of a third party), access of attempt to access the Account of any other user of the Services, or distribute software, tools, or instructions to enable such access. You shall not use Company, the Services, or your Account for any illegal, unlawful, or criminal activity, or in any manner that violates the rights of a third party.
    • Storing Credentials. The Services may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access the Services. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to Company or the Services resulting from unauthorized access to the Services from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.
    • Third Party Use. If you decide to voluntarily grant access to your Account to a third party, you are responsible for any and all acts and omissions that such third party may take in connection with your Account. You agree to indemnify, defend and hold harmless Company and its affiliates and their respective stockholders, members, officers, directors, employees, agents and assigns (“Company Group”) from and against any and all claims, losses, liabilities, damages, penalties, costs or expenses (including interest and reasonable attorneys’ fees and court costs) (“Liabilities”) arising in connection with the acts or omissions taken by such third party, or including any in connection with using your Account.
    • Account Monitoring. Company reserves the right to review, monitor, record, and/or disclose any information as may be necessary to comply with any applicable laws, regulations, legal process, or governmental request. Should Company determine, in its sole discretion, that the activity on your Account is suspicious or related to any act or omission that would violate these TOS, or any illegal, unlawful, or criminal activity, Company may but is not required to terminate or suspend your Account, decline or delay any pending transactions, and/or decline or delay any new transactions.
    • Account Security. You shall keep your login and password associated with your Account confidential. You are responsible for safeguarding your Account, the login and password associated with your Account, and any security verification methods or information associated with your Account. You are hereby advised, and hereby accept the risk, that if you fail to maintain the confidentiality or security of your login, password, or security verification methods, your Account may be accessed by third parties, and you may incur financial losses as a result. In no event shall Company be liable for any Liabilities which may be sustained, by you or by third parties, as a result of your failure to maintain the confidentiality and security of your login, password, or security verification methods, or as a result of any your failure to act upon Account information notifications and security alerts.
    • Unauthorized Use and Information Changes. You shall immediately notify Company in writing if you learn or suspect that your Account has been accessed without authorization, or that your login, password, or security verification methods have been compromised. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
  5. PAYMENT OBLIGATIONS
    • Payment Due at Time of Sale. Payment for products and services is due at the time of sale. In the event a user fails to timely pay Company, Company reserves the right to pursue all legal remedies available. Company accepts payment via bank wire transfer, PayPal, Bitcoin, or credit card. Not all payment methods are supported for all products and services; there are certain orders that must be paid via certain methods. If your payment method is charged for an order that Company later modifies, declines, or cancels, Company shall issue you a refund for the amount of the change.
    • No Chargebacks. By placing an order, you agree not to initiate a chargeback request with any credit card company, third party payment service such as PayPal, or third party website through which you placed the order, such as eBay. Instead, all disputes, requests for refunds, requests for returns, or requests to cancel an order, in whole or in part, must be submitted to Company. Your failure to comply with this requirement constitutes a material breach of these TOS.
    • Gift Cards; Promotions. Use of Company Gift Cards (if any) is subject to the gift cards’ terms and conditions of use which accompany the Gift Card. Use of promotional codes, discounts, coupons or similar promotions (if any) are subject to the specific terms and conditions which accompany the particular promotion and these TOS. To be eligible for a specific promotion, your order must be submitted within the specified promotion period. Unless otherwise expressly stated in the applicable promotion’s terms and conditions, no more than one promotion may be applied to an order.
  6. SHIPPING AND DELIVERY
    • Unless stated otherwise, Company processes and ships most orders within two business days, but Company shall not be liable for any delay in processing or shipping, or for failing to process and ship the order within any specific period of time. When your order ships, Company shall send an email to the email address you provided when you submitted the order. The shipping confirmation email will include the date of the shipment, the shipping provider, and the tracking number. In most situations the shipping provider requires one business day from that time to validate the tracking information.
  7. DEFECTIVE PRODUCTS
    • Generally. All sales are final, unless the products are deemed defective when delivered, as determined by technicians employed by or affiliated with Company. If your order is defective in whole or in part, you may contact Company to request a replacement via the Returns page available here. Alternatively, you may call Company’s customer service Monday through Friday, from 9:00 a.m. to 5:00 p.m. Pacific Standard Time, at the phone number provided on the Contact Us page available here.
    • Return Policy. If you receive one or more defective products in your order, you must submit a request for a refund within ten (10) business days of the confirmed order delivery date. Refunds for gift orders must be submitted by the person who submitted the order. Upon Company’s receipt of a complete and timely-submitted return request, Company shall have one of its customer service representatives contact you to discuss the order. A return authorization is required for a refund or exchange. Any product returned to Company without a return authorization is not eligible for refund or exchange. Upon Company’s determination that your order contains one or more defective items, Company shall provide you with a return authorization number (RA#) and send you a postage prepaid return shipping label. RA#’s are valid for thirty (30) calendar days from the date issued (the “Return Period”). If Company receives your return during the Return Period, Company shall send replacement product(s) to you. If Company receives your return after the expiration of the Return Period, Company may elect to either process the return, or refuse the return and send the products back to you, at Company’s sole discretion.
    • Products must be returned in new and unused condition with all accessories originally included and in the original packaging (notwithstanding any removal of shrinkwrap or similar plastic guard). Additional product return instructions may be required. In the event that your return is refused for any reason, Company shall send written notice to you using the contact information submitted with the return request.
  8. REPRESENTATIONS AND WARRANTIES
    • User Representations. You hereby represent and warrant that: (1) you (a) are over the age of 18; or (b) otherwise have the power and authority to enter into and perform your obligations under these TOS in the jurisdiction where you reside; (2) all information provided by you to us is truthful, accurate and complete; (3) you will comply with the terms and conditions of these TOS and any other agreement to which you are subject that is related to your use of the Services, your Feedback, or any part thereof; (4) if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (5) your access to and use of the Services or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (6) you will immediately notify us in the event that you learn or suspect that the contact information you provided to us has been disclosed or otherwise made known to any other person; (7) you will not use the Services in order to gain competitive intelligence about us, the Services, or any product or service offered via the Services or to otherwise compete with us; (8) your User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and constitutes an original work of authorship by you; and (9) you will not, now or in the future, either directly or through a third party, copy, modify, create derivative works, reverse engineer, disassemble, distribute, sell or license any of the Services or the Company Content thereon, or any part thereof, to any third party.
  9. PRIVACY
    • Use of Information. We collect, store, and use data collected from you in accordance with our Privacy Policy, located at https://blokforge.com/privacy-policy/. The terms and conditions of our Privacy Policy are hereby expressly incorporated into these TOS.
  10. RIGHTS RESERVED TO COMPANY
    • Company reserves the right, without limitation, to: (1) correct any errors, inaccuracies, or omissions on the Services and to change or update information for products or services offered; (2) change prices of products and services without prior notice; (3) refuse to process any order in which your payment is declined for any reason, in which case Company will endeavor to provide you with notice of any such declined transaction, but is not required to provide such notice, and is not liable for any Liabilities resulting from the failure to provide such notice; (4) decline, cancel, modify, or delay your order at any time, for any reason, with or without notice, and regardless of whether the order has been confirmed, in which case Company will endeavor to provide you with notice of any such declined or cancelled transaction, but it is not required to provide such notice, and is not liable for any Liabilities resulting from the failure to provide such notice; (5) prohibit users using anonymity tools, such as virtual private networks or other mechanisms or devices that obfuscate your identity, location, internet protocol address, and media access control address (MAC ID) from accessing or using Company, the Services, and/or your Account; (6) decline to open an Account for you; and (7) suspend, restrict, limit, or terminate your access to Company, the Services, and/or your Account at any time and for any reason, including but not limited to maintenance.
  11. DISCLAIMERS AND LIMITATIONS ON LIABILITY

11.1.      Defects and Availability. Company cannot, and does not, guarantee that Company, the Services, and/or your Account will always be available to you. The Services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time to time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. The Services are not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of the Services. We do not represent, warrant, or guarantee that the Services will always be available or are completely free of human or technological errors. We will not be liable to you or any third party for Liabilities related to the Services being unavailable. Company makes efforts to maintain correct information on the Services, but you are hereby advised and acknowledge that the Services and content thereon may contain errors or inaccuracies, including but not limited to errors in the description of a product or service, its availability, its price, applicable taxes, and/or the shipping cost. Company reserves the right to change or update the Services and content thereon to correct such errors without giving you prior notice, including without limitation, information regarding the Company’s policies, products, and services. Pricing and availability is subject to change at any time and without notice. You hereby acknowledge and agree that it is your responsibility to verify information before acting on it, and any decisions you make based in whole or in part on the Services and content thereon are your sole responsibility, and Company shall not be responsible for any Liabilities with respect to such decisions or actions.

  • Disclaimers of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ANY PRODUCTS OR OTHER SERVICES ADVERTISED OR SOLD IN CONNECTION THEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED, THAT THE SERVICES AND ANY CONTENT OR INFORMATION FOUND ON THE SERVICES WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SERVICES OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  • Risk of Use. Any and all use of the Internet carries inherent risks, including but not necessarily limited to viruses, malware, spyware, Trojans, worms, ransomware, phishing scams, spear-phishing scams, spoofing, intercepted communications, failure of communication, and/or failure of services. Company shall not be liable for any damage or Liabilities caused by these and other such risks, including but not necessarily limited to infection of your computer, systems, hardware, software, servers, networks, and other equipment. You shall utilize comprehensive antivirus and anti-spyware software on any device that you use to connect to the Services or your Account. You are hereby advised to use caution and reasonable sense when reviewing emails, text messages, and other communications that purport to originate from Company or the Services, and verify the authenticity of any communication that would appear suspicious to a reasonable person. As a reminder, Company will never ask for your password, and any communication that purports to do so is undoubtedly a scam to which you should not respond, but which you should instead report to Company for investigation. Company hereby advises you to log into your Account only through the Services and to never utilize any third party software or service to access your Account. While Company strives to protect your information, Company cannot and does not ensure or warrant the security of any information you provide to Company. You acknowledge and assume this risk by accepting these TOS.
  • Limitation of Liability. In no event shall Company Group be liable to you or anyone on your behalf, for any indirect, special, incidental, intangible, punitive, or consequential damages, including without limitation, loss of revenues, profits or data, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of Company Content, the Services, your Account, or through a breach of these TOS. Company’s maximum liability for damages in connection with these TOS, the Services, your Account or any products or services offered in connection therewith shall be limited to the amount, if any, you paid to Company.
  1. RELEASE AND INDEMNIFICATION
    • You shall defend, indemnify and hold Company Group harmless from any Liabilities, arising out of or related to your breach of these TOS; your use of Company Content, the Services, and/or your Account; your User Content; your violation of any law, rule, regulation, or guideline applicable to you; infringement or misappropriation of any intellectual property rights of Company or any other third party by You; your use of Company Content; and/or your violation of the rights of any third party, regardless of whether such violation was intentional. You agree to release Company, its members, managers, shareholders, officers, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the Services, your Account, or your use of the Company Content.
  2. MISCELLANEOUS

13.1.      Communications. The Company may send emails to you regarding Company, the Services, your Account, and/or transactions involving your Account. These emails are required to maintain your Account. You agree to receive and review these emails from Company. If you block or unsubscribe from these emails, Company may but is not required to terminate your Account without further notice. In addition, Company may from time to time send you emails about promotions or offers, which you may opt-out of by using the “Unsubscribe” link at the bottom of any such promotional email.

13.2.      Force Majeure Company shall not be liable for delays, failure in performance, or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including without limitation, the following: earthquake, storm, accident, explosion, flood, perils of the sea, the elements, casualty, lock-outs, power failures, telecommunications failures, fire, other acts of nature, epidemic, war (whether or not declared), riot, sabotage, hostility, public disturbance, cessation of transport, act of public enemies, prohibition, terrorism, enduring unavailability of materials or machinery necessary to manufacture products, act by a government or public agency, embargo, strike, or other labor dispute or work stoppage.

13.3.      Consent to do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of these TOS and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these TOS and in performing our obligations and exercising our rights under these TOS. Neither you nor Company will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.

13.4.      Entire Agreement. These TOS, including the Privacy Policy incorporated herein, constitute the entire agreement between you and Company and shall supersede any and all prior and contemporaneous negotiations, correspondence, understandings and agreements of any kind (including without limitation any prior versions of these TOS), between you and Company with respect to the subject matter hereof. Section headings in these TOS are for convenience only, and shall not govern the meaning or interpretation of any provision of these TOS.

13.5.      Amendment. Company may amend or modify these TOS at any time and without notice.  Company shall notify you by posting the revised TOS on the Services, and the revised TOS shall be effective from that date forward. The date these TOS were last updated appears at the top of these TOS. Your continued use of Company, the Services, and/or your Account constitutes your acceptance of the revised TOS. If you do not agree with any modification or amendment of these TOS, your sole and exclusive remedy is to terminate your use of Company and the Services, and to close your Account. Company may suspend, alter, or terminate, with immediate effect and without notice, the operation of Company, the Services, or your Account. You agree that Company shall not be liable to you or any third party for any modification or amendment of these TOS and any changes in Company, the Services, or your Account.

13.6.      Assignment. Company may assign Company’s rights and responsibilities under these TOS, including information Company collects about you, to certain entities including without limitation any successor in interest of Company, or any other entity with whom Company merges or is acquired by, or to any entity that purchases substantially all of Company’s assets. You may not assign any rights and/or licenses granted under these TOS. Any attempted transfer or assignment in violation of this clause shall be null and void. Subject to the foregoing, these TOS shall inure to the benefit of you and Company, including each of their respective successors and permitted assigns.

13.7.      Relationship of the Parties. The relationship between you and Company is that of independent contractors, and nothing in these TOS shall be deemed to create between you and the Company any other form of relationship. You and Company shall not be deemed to be partners, joint ventures, or agents. You are not authorized to make any representations or obligations on behalf of Company.

13.8.      Termination. In the event that you violate these TOS, Company may but is not required to immediately terminate your access to Company, the Services, your Account, and any pending transactions associated with your Account. You shall be responsible for any Liabilities incurred by Company as a result of such violation of these TOS and/or the termination of your access to Company, the Services, and/or your Account.

13.9.      Waiver. No waiver of any default hereunder by Company or any failure to enforce Company’s rights hereunder shall be deemed to constitute a waiver of any subsequent default with respect to the same or any other provision hereof.

13.10.    Severability. Whenever possible, each term and provision of these TOS shall be interpreted in such manner as to be valid and effective under applicable laws, but, if any term or provision of these TOS is held by a court of competent jurisdiction to be invalid or unenforceable, such term or provision shall be invalid and ineffective only to the extent of such invalidity or unenforceability, without invalidating or making unenforceable the remainder of these TOS.  In the event of such invalidity or unenforceability, you and Company shall use reasonable efforts to seek and agree on an alternative valid and enforceable provision that preserves the original purpose and intent of these TOS.

13.11.    Survival. These TOS shall extend beyond the expiration or termination of these TOS insofar as they contain clauses pertaining to suspension, termination, closure of your Account, debts owed by you to Company, access to and use of the Services, and disputes between you and Company.

13.12.    Governing Law; Attorney’s Fees and Costs. The construction, validity and performance of these TOS shall be governed in all respects by the laws of the State of Arizona, without giving effect to any conflict-of-laws or other rule that would result in the application of the laws of a different jurisdiction.  Any and all claims, controversies, and causes of action arising out of or relating to these TOS, the Services, the Privacy Policy found at (***hyperlink to Privacy Policy page) or the transactions contemplated hereby, whether sounding in contract, tort, or statute, shall be governed by the laws of the State of Arizona, including its statutes of limitations.  The United Nations Convention on the International Sale of Goods shall not apply.  You and Company hereby irrevocably stipulate to exclusive jurisdiction, venue, and forum in the state and federal courts located in Maricopa County, Arizona, for any dispute arising out of these TOS, the Services, the Privacy Policy found at https://blokforge.com/privacy-policy/ or the transactions contemplated hereby, and to the greatest extent possible waive any defense of forum non-conveniens.  In the event that any claim, suit, action, or proceeding is instituted or commenced by either party against the other party arising out of, or related to, these TOS, the prevailing party shall be entitled to recover its attorneys’ fees and costs from the non-prevailing party at both the trial and appellate levels.  You and Company irrevocably and unconditionally waive any right either party may have to a trial by jury in respect of any claim, suit, action, or proceeding arising out of or relating to these TOS, the Services, the Privacy Policy found at https://blokforge.com/privacy-policy/ or the transactions contemplated hereby.

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