Welcome to BLOCK122.com.  Block122, Inc. (“Block122″ or “we”) provides you access and use of this website (the “Site”) subject to these Terms of Use (the “Terms”). By accessing or using the Site, you accept and agree to abide by these Terms, as they may be amended by Block122 from time to time in its sole discretion.

When visiting or using the Site, you may be subject to additional posted agreements, guidelines, or rules, including without limitation, our Privacy Policy. All such agreements, guidelines, or rules, as they may be amended by Block122 from time to time in its sole discretion, are hereby incorporated by reference into these Terms. In the event of a conflict between any the foregoing, the more restrictive terms shall control.  It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable or you do not have the authority to agree or accept these Terms, you may not use the Site.

 

  1. OUR PRIVACY POLICY

Block122 is committed to maintaining the privacy and security of information that you provide to Block122.  By using the Site, you agree to the terms of our Privacy Policy and the collection and use of this information, including the transfer of this information to or from the United States and/or other countries for storage, and the processing and use by Block122 and its business partners.

 

  1. LICENSE TO USE OUR SITE

Block122 hereby grants you a revocable, limited, noncommercial, nonexclusive, nontransferable license to access and make personal use of the publicly accessible areas of the Site in accordance with these Terms.

 

  1. MINORS, REGISTRATION, AND YOUR ACCOUNT

Block122 does not sell alcohol or any products sold on this site to minors. In consideration of your use of the Site, you represent and agree that you: (i) are of legally sufficient capacity to form a binding contract; (ii) are at least 21 years of age; and (iii) will comply with these Terms as well as all applicable laws, statutes, ordinances and regulations regarding your use of the Site and the purchase of alcohol. If you open an account on the Site, you agree to: (x) complete the registration process by providing true, accurate and complete information requested on the registration form; (y) maintain the accuracy of all your registration data; and (z) provide a user name and password. You are entirely responsible for the confidentiality and use of your user name and password. You may not use the account, username, or password of someone else at any time, nor shall you allow anyone else to use yours. You agree to notify Block122 immediately of any loss of control or unauthorized use of your account, user name, or password.

 

  1. PURCHASES AND PRICING

All orders placed through the Site are subject to Block122′s acceptance. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to make changes to information about the price and availability of any product, to cancel any order, to limit the order quantity, and to refuse service to any customer. We may also require supplemental information or verification of current information prior to the acceptance and/or shipment of any order. If there is an error on our Site and an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping, or cancel your order and notify you of such cancellation. Certain volumes, weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the purchase, possession, use and sale of any product purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.  As used in these Terms, “product” shall include, without limitation, any products and services offered on the Site.

 

  1. PAYMENT TERMS

Terms of payment are within Block122′s sole discretion.  Payment must be received by Block122 prior to acceptance of an order. All amounts due are payable in U.S. dollars. Any amount not paid when due will be subject to a finance charge of one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due. You shall be responsible for any expenses and fees (including but not limited to attorneys’ fees), incurred by Block122 in collecting your past due amounts.

 

  1. RETURNS AND REFUNDS

You may return any product sold by Block122 within thirty (30) days of delivery for a full refund; provided that: (i) products must be returned to Block122, unopened, unused, undamaged, postage prepaid, in their original product packaging; and (ii) you first contact Block122 and obtain a return merchandise authorization and return shipping instructions. Block122 does not take title to returned items until they physically arrive at our designated return address. Your refund will be issued once we have received and processed the returned product in accordance with these Terms.

 

  1. SHIPPING; RISK OF LOSS; TITLE; TAXES

Shipping dates are estimates only and are not guaranteed. Risk of loss and title for all items purchased from the Site pass to you upon our delivery to the carrier. You are responsible for sales and other taxes associated with all orders.

 

  1. PRODUCT DESCRIPTIONS AND REVIEWS

Block122 regularly posts descriptions and third-party reviews of its products (“Reviews”).  In addition, other users of the Site may post User Content (as defined below) in connection with a product.  While Block122 strives for the Site to be as accurate as possible, Block122 does not represent or warrant that product pricing, descriptions, Reviews, and User Content are accurate, complete, reliable, current, or error-free. If a product offered on the Site is not substantially as set forth in its product description, your sole right and remedy is to return it in accordance with our “Returns and Refunds” policy.  Any reliance on a Review or User Content is at your own risk.

 

  1. USER CONTENT

By submitting, posting, e-mailing, broadcasting, downloading, uploading, displaying, performing, or transmitting to or on the Site any comment, review, picture, data, document, information or other content to an area of the Site that is publicly accessible, including without limitation any product page, public portion of your user profile, bulletin board, chat area, news group, forum, community, and/or other message or communication facilities designed to enable you to share or exchange thoughts and opinions with other members of the Site or the general public (“User Content”), you hereby: (i) grant Block122, and its affiliates, a worldwide, irrevocable, royalty-free, perpetual, sub-licensable, transferable, non-exclusive license to use the User Content in connection with the operation of Block122, and its partners and affiliates, including without limitation, a right to use, host, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat any such User Content; (ii) represent and warrant that you own the rights to the User Content or are authorized to post, distribute, display, perform, transmit, or distribute the same. You also agree that while Block122 does not regularly review User Content, it reserves the right (but not the obligation) to remove or edit the same. You are solely responsible for all User Content that you provide, and for confirming the sufficiency and reliability of any User Content posted by others that you may use or rely upon. Block122 does not control or endorse any User Content and, as such, does not guaranty the accuracy, integrity or quality of such User Content, and expressly disclaims any liability in connection with the same.

 

  1. IDEA SUBMISSIONS

Comments, feedback, suggestions and ideas disclosed, submitted or offered to Block122 in connection with your use of the Site (collectively “Submissions”) shall be owned exclusively by Block122. To the extent a court determines Block122 does not own a Submission, you hereby grant Block122 a world-wide, royalty-free, irrevocable, unlimited, sub-licensable, transferrable (in whole or part), perpetual right, license and permission to use the same.

 

  1. SITE RELATED SOFTWARE

Block122 may make certain software available to you for use in connection with your use of the Site, including, without limitation, an “app” for your cellular telephone or portable device. If you download software originating from Block122 or its licensors, the software, including all files and images contained in or generated by the software, and all accompanying data (collectively, “Software”) are deemed to be licensed to you by Block122 under the terms hereof as well as any accompanying license agreement.  In the event of a conflict between the terms hereof and a Software license agreement, the more restrictive terms shall control. Downloading or using the Software is at your sole risk.

 

  1. LIMITATIONS ON USE OF SITE

You agree that you will not:

(i)              use the Site in connection with any commercial endeavor, unless you have a prior written agreement with Block122;

(ii)             market or distribute access to the Site or any portion thereof;

(iii)            assign, sublicense, sell, lease or otherwise transfer or convey your rights under these Terms;

(iv)            violate or attempt to violate any firewall or security feature of the Site;

(v)             access or attempt to access any content, data, programs or other Block122 systems not intended for general public access, or log onto a server or account that you are not clearly and expressly authorized to access;

(vi)            attempt to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization;

(vii)           damage, disable, overburden or impair the Site or interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”

(viii)          attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Block122 in providing the Site or the Software;

(ix)            attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, any or all of the Site or Software, or create derivative works based thereon;

(x)             frame in another web page, use on any other website, transfer or sell any information, Software, database, list of users, or list of products provided through or obtained from the Site, or engage in the practices of “data mining”, “robots”, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information from the Site;

(xi)            use any meta tags or any other “hidden text” utilizing any Block122 copyrights, trademarks, patents, or other intellectual property, without the express written consent of Block122;

(xii)           engage in, encourage others to engage in, or provide instructional information about, conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or any regulation having the force of law;

(xiii)          harm minors in any way or solicit personal information from or about a minor;

(xiv)         impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(xv)          send email messages or use the Site in any manner which violates any applicable local, state, national or international law or regulation (including without limitation, policies and laws related to spamming, privacy, obscenity or defamation);

(xvi)         send email messages or make posts that contain falsified or misleading routing information, a return address that is either invalid or belongs to a third party and is used without permission, a misleading subject line and/or body copy, or promote a fraudulent scheme; and

(xvii)        upload, download, post, email, transmit or otherwise make available any materials that: (a) are inappropriate, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, sexually explicit, promote gambling, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (e) link to any external site; or (e) infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your user account.
If Block122 believes, in its sole discretion, that a violation of these Terms has occurred, it may take responsive action, including but not limited to, temporary or permanent blocking of your access to the Site and/or deleting any and all of your User Content.  Block122 reserves the right to release the contact and other applicable information of users believed to be involved in violation of any of the foregoing. Block122 intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms.

 

If you breach these Terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind from or through the Site, you acknowledge that you will have caused substantial harm to Block122, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Block122 $50.00 for each such unsolicited email or other unsolicited communication you send through the Site.

 

  1. LINKING TO SITE

You agree that any hyperlinks you create from any web page to the Site (i) will not portray Block122, or its products or services in a negative, false, misleading, derogatory, or otherwise offensive matter; and (ii) will be accompanied by a clear and prominent attribution at the point of origin indicating that the link is connected to the Site. For example, prominently positioning the Block122™ trademark such that there is clear association between the trademark and the destination of the link would be acceptable. You agree that you will not juxtapose the Block122™ mark and the link with your name or any other material(s) in a manner which might create any confusion that there is any affiliation or association between Block122, and you or any other person or entity. If Block122, for any reason in its sole and absolute discretion, requests in writing that you remove any link or links to the Site, you agree to promptly comply. You agree that if you create any link to the Site that you will not employ any technology that results in the placement of content from the Site in a frame and/or a pop-up window and/or any display mechanism which changes the Site content from how it normally appears in a browser.

 

  1. THIRD PARTY SERVICES AND SITES

The Site may provide links to other websites and resources. Your business dealings with any third party, third party website or third party content (collectively “Third Party”) found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. Block122 makes no endorsement or guarantee about the content, goods or services provided by such Third Party. Block122 shall not be responsible for any loss or damage of any sort incurred as the result of: (i) any dealings or transaction between you and any Third Party or as the result of the presence of such Third Party on the Site; (ii) any insufficiency of or problems with any such Third Party’s background, insurance, credit or licensing; or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services.

 

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTY, YOU RELEASE BLOCK122, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.  If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

  1. MODIFICATIONS TO TERMS

Block122 may, at any time, in its sole discretion and without prior notice, revise these Terms, which Terms shall be effective immediately upon posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. Your continued use of any of the Site shall constitute your acceptance of the revised Terms. If you do not agree to any such changes, you may, as your sole remedy, terminate your access to and use of the Site.

 

  1. MOBILE SERVICES

This Site contains services and features that may be available to portable and mobile devices like tablets and cell phones. Your normal rates and fees for your mobile device carrier will still apply. By using Block122′s mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be used by us and third parties as set forth in our Privacy Policy.

 

  1. TERMINATION

Block122 may at any time in its sole discretion terminate your license to use the Site and the Software, with or without notice and without liability. Your unauthorized use of the Site will also automatically terminate your license to use the Site and the Software, and you may voluntarily terminate your account at anytime simply by ceasing to use the Site. Upon termination, Block122 may bar your access to your account and delete all files and information related to your account, including without limitation, your User Content. You understand and agree that your User Content, such as that which is displayed outside your profile, in activity feeds, in public parts of the Site, or on social platforms (e.g., Facebook and Twitter), may continue to appear on the Site or on other social platforms even after your account is terminated.

 

  1. COPYRIGHT AND OTHER PROPRIETARY RIGHTS

All content included on the Site, including without limitation the design of the Site, text, graphics, logos, icons, images, audio clips, video clips, buttons, compilations, information, documents, content, technology components, and other material displayed on or that can be downloaded from the Site are the property of Block122 or its licensors and are protected by copyright, trademark and other U.S. and international intellectual property laws. They may not be used except as permitted by these Terms or with prior written permission of Block122. The compilation of all content on the Site is the exclusive property of Block122 and protected by U.S. and international copyright laws. All rights not expressly granted hereunder are reserved.

 

  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE PRODUCTS AVAILABLE THEREIN ARE AT YOUR SOLE RISK. THE SITE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEGE AND AGREE THAT THE INFORMATION, CONTENT, SOFTWARE, PRODUCT DESCRIPTIONS, REVIEWS, USER CONTENT, PRODUCTS, AND SERVICES CONTAINED ON THE SITE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, BLOCK122, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS:

 

(A) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, SOFTWARE, PRODUCT DESCRIPTIONS, REVIEWS, USER CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE; AND

 

(B) MAKE NO WARRANTY THAT (I) THE SITE OR THE PRODUCTS AVAILABLE THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY PRODUCT OR INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY, (IV) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SITE WILL BE FIXED AND (IV) THIS SITE; AND ANY INFORMATION, CONTENT, SOFTWARE, PRODUCT DESCRIPTIONS, REVIEWS, USER CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; OUR SERVERS; OR ANY ELECTRONIC COMMUNICATIONS SENT FROM BLOCK122 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

BLOCK122 MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

 

  1. LIMITATION OF LIABILITY

BLOCK122 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, SOFTWARE, PRODUCT DESCRIPTIONS, REVIEWS, USER CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

YOU UNDERSTAND THAT WHEN USING THE SITE, YOU MAY BE EXPOSED TO USER CONTENT AND REVIEWS FROM A VARIETY OF SOURCES, AND THAT BLOCK122 IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER CONTENT OR REVIEWS THAT ARE DEFAMATORY, INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST BLOCK122 WITH RESPECT THERETO.

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, BLOCK122’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

If you are a California resident, you hereby expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

  1. INDEMNITY

You agree to defend, indemnify and hold Block122, its parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, harmless from and against any and all claims, demands, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from content you submit, post, transmit or otherwise make available through the Site (including your User Content), your use of the Site, your purchase of any product from the Site, your violation of these Terms, or your violation of any third party’s rights, including but not limited to infringement of any intellectual property right, violation of any proprietary right and invasion of any privacy rights.

 

  1. CLAIMS OF COPYRIGHT INFRINGEMENT

Block122 has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Block122’s policy is to investigate any allegations of copyright infringement brought to its attention. If you believe that your rights have been violated and you want Block122 to delete, edit, or disable the material in question, you must provide Block122 with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) information reasonably sufficient to permit Block122 to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement from you, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Block122’s designated agent at:

 

Attn.: Copyright Agent

Block122, Inc.

P.O. Box 26102

San Francisco, CA 94126

U.S.A.

Email: [email protected]

 

  1. GENERAL INFORMATION

Entire Agreement

These Terms constitute the entire agreement between you and Block122 and govern your use of the Site and all purchases made through the Site, superseding any prior agreements between you and Block122 (including any prior version of these Terms) with respect to its subject matter.

 

Consent to Email Communications

You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Assignment; Waiver

You may not assign these Terms or any rights granted herein.  These Terms are for the sole benefit of the parties hereto and do not create any third-party beneficiaries, whether intended or incidental. These Terms will inure to the benefit of Block122 and its successors and assigns. The failure of Block122 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

 

Governing Law; Venue; Disputes

By visiting Block122.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, and without regard to the United Nations Convention on the International Sale of Goods, will govern these Terms and any dispute of any sort that might arise between you and Block122.

 

The parties hereby submit to the exclusive personal jurisdiction of, and agree that any controversy, claim or legal proceeding with respect to or arising under these Terms or your use of the Site, shall be brought exclusively in the state or federal courts located in San Francisco County, California. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Francisco County, California. You further irrevocably consent to the service of process in any such action or proceeding by the delivery of a copy of such process to you at the address set forth in your registration data.

 

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED IN ANY WAY TO THE SITE AND/OR ANY PRODUCTS PURCHASED THEREFROM MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED NOTWITHSTANDING ANY STATUTE OR LAW TO THE CONTRARY. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST BLOCK122 ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

Injunctive Relief

You hereby acknowledge that a breach of these Terms may cause irreparable harm and significant injury to Block122 that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, you agree that Block122 shall be entitled, without waiving any additional rights or remedies otherwise available to Block122 at law or in equity and without the necessity of posting bond, to seek and obtain injunctive and other equitable relief in the event of a threatened or actual violation or breach of these Terms by you in any court of competent jurisdiction.

 

Legal Compliance

You agree to comply with all local laws and rules regarding online conduct and acceptable content. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. The Site is controlled and operated by Block122 from its offices in the State of California, in the United States of America. Block122 makes no representation that the Site (including, without limitation, any products or services available on or through the Site) is available or appropriate for use outside of the United States of America. If you access the Site from outside the United States of America, you do so on your own initiative and must bear all responsibility for compliance with local laws. Your use of or access to the Site should not be construed as Block122’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

 

Severability

If any provision(s) of these Terms, including without limitation, the warranty disclaimers and liability limitations set forth above, are found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

 

Section Titles; Survival

The section titles in these Terms are for convenience only and have no legal or contractual effect. Sections 10 through 24 of these Terms, as well as any payment obligations to Block122, shall survive any termination of these Terms.

 

Legal Equivalency

These Terms and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.