Terms of Service

 Terms of Service 

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THIS WEBSITE AND OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS.  IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, PLEASE DO NOT USE OR ACCESS THIS WEBSITE, ANY CONTENT AVAILABLE VIA THIS WEBSITE, OR OUR SERVICES IN ANY MANNER. 

This website is operated by BlockTest LLC, headquartered at 1000 Massachusetts Avenue, Cambridge, Massachusetts 02139 in the United States, and referred to as “BlockTest,” “we,” “us,” and “our” below.  These Terms and Conditions (“Terms”) govern your use of BlockTest.net; all communication tools we provide, including e-mail, messaging, forums, and other content delivery methods; our products, services, data, content, information, and applications (collectively, “BlockTest Services”) and constitute a binding Agreement between you (“You” and “Your”) and us regarding the BlockTest Services.  By using or accessing the BlockTest Services in any way, You accept and agree to be bound by all of these Terms.  These Terms will remain in effect at all times while You use BlockTest Services and with respect to all information obtained from or through BlockTest Services.   

 

We reserve the right at any time to: 

  • Change the Terms; 
  • Change all or any portion of the BlockTest Services, including eliminating or discontinuing any content or feature; or 
  • Charge for the use of any BlockTest Services including charging fees for access to or use of any BlockTest Services but only with reasonable notice to You. 

Any changes we make to the Terms will be effective immediately after we post the modified Terms on BlockTest.net. 

 

Copyright and Use of BlockTest Services 

All of the information and other content displayed on, transmitted through, or used in connection with the BlockTest Services, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, memoranda, bulletins, reports, press releases, trademarks, trade names, service marks, logos, the selection and arrangement of the aforementioned, and the “look and feel” of the BlockTest Services are part of the BlockTest Services and are subject to, and protected from unauthorized copying and dissemination by, copyright law, trademark law, international conventions, and other applicable proprietary rights and are the intellectual property of BlockTest or the third parties from which such Content is licensed.   

You may use the BlockTest Services only as permitted by law, including any applicable export and re-export control laws and regulations, and any local laws in Your jurisdiction.  

To be clear, You may not republish the Blocktest Services on any Internet, intranet or extranet site; or incorporate the BlockTest Services in any database, compilation, archive or cache. You may not distribute, modify, copy, frame, reproduce, sell, lease, publish, transmit, communicate, display, reverse engineer, or otherwise use any portion of the BlockTest Services, whether or not for payment or other consideration unless applicable law prohibits such restriction. 

 

The BlockTest Services include logos, trademarks and service marks (collectively “Marks”) owned by BlockTest, as well as Marks owned by  third parties.  For example, “BlockTest” is a trademark licensed to BlockTest, LLC.   

 

Except as expressed in these Terms, nothing in any BlockTest Services grants, by implication, estoppel, or otherwise, any license or right to use any of the  BlockTest Services in any manner without the prior written permission of BlockTest. 

 

Requests to use the BlockTest Services for any purpose other than as permitted in these Terms should be submitted to contact@blocktest.net 

Some of the BlockTest Services may allow You to upload, submit, post, store, or send information.  You retain ownership of any intellectual property rights that You hold in that information except that You hereby grant, and will grant, to BlockTest a non-exclusive, royalty-free, irrevocable, worldwide right and license to publish, distribute, publicly display, publicly perform, copy, translate, reproduce, use, import, export, host on Blocktest.net and elsewhere, store in any form and on any media, modify, create derivative works from, transmit, communicate; and commercialize, sell, and lease such information.  To the maximum extent permitted by law, You waive all moral rights in and to any information You provide, including but not limited to, any right to the integrity of the information, any right to be associated with the information as its author by name or under a pseudonym, any right to remain anonymous, and any rights of a similar nature under laws now or in the future in force in any jurisdiction. 

If You are using the BlockTest Services on behalf of a business or other legal entity, that business or legal entity accepts these Terms and shall hold harmless and indemnify the BlockTest Parties from any claim, lawsuit or other legal action arising from, related to, or in connection with access to or the use of the BlockTest Services or any violation of these Terms, including but not limited to, any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. 

 

Disclaimer of Warranty and Limitation of Liability 

The BlockTest Services are provided on a strictly “as is,” “where is,” and “where available” basis.  BlockTest, its affiliates, directors, officers, representatives, and employees, and third-party providers of content, software and/or technology included in the BlockTest Services (collectively, the “BlockTest Parties”) will not be liable for, or have any responsibility of any kind for, any loss (including but not limited to lost profits, lost revenues, lost data, and financial losses) or damage that You (or anyone else) incur arising from or in connection with any access to, availability of, or use of the BlockTest Services, including but not limited to,  any failure or interruption of any of the BlockTest Services, any act or omission of any party involved in providing any BlockTest Services, whether or not the circumstances giving rise to such cause may have been within the control of BlockTest or of any third-party contributing to the BlockTest Services.  The BlockTest Parties will not be responsible for any loss or damage that could result from interruption, interception and/or modification by third parties of any BlockTest Services.  The BlockTest Parties cannot and do not guarantee continuous, uninterrupted or secure access to any of the BlockTest Services or Blocktest.net.  The total liability for the BlockTest Parties for any claims under these Terms, including for any implied warranties, is limited to the amount You paid to BlockTest to use the BlockTest Services. 

 

The BlockTest Parties do not provide any warranties (either express or implied) with respect to any of the BlockTest Services.  To the extent permitted by law, the BlockTest Parties expressly disclaim any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose.   

 

The BlockTest Services include information  obtained or compiled from selected public and private sources believed to be reliable.  In providing BlockTest Services, however, BlockTest Parties cannot and do not guarantee the reliability, availability, accuracy, validity, timeliness, or completeness of any BlockTest Services for any particular purpose and nothing in these Terms nor the BlockTest Services shall be construed as such a guarantee.  The BlockTest Services are subject to change without notice to You.  Computations, data, graphs, tables, diagrams and commentary included in the Content are provided for illustrative purposes only.   

 

All statements included in the BlockTest Services reflect the views of the individual authors  and do not necessarily reflect the view, beliefs or opinions of BlockTest Parties.  All views, opinions, estimates and strategies included in the BlockTest Services constitute information that may be based on market conditions and are subject to change without notice.  BlockTest Parties assume no duty to update any Content under any circumstances, including but not limited to, in the event that any underlying information changes.  

Nothing in the BlockTest Services shall constitute or be construed as financial advice in any way whatsoever, an offering of financial instruments, investment advice, or recommendations by BlockTest Parties of any investment or other strategies.  None of the BlockTest Services constitute an investment recommendation, nor should any of the  BlockTest Services be relied upon for any investment activities.  The information included in the BlockTest Services are not based on consideration of any user’s individual circumstances and should not be considered as information sufficient upon which to base an investment decision.  You should determine on Your own whether You agree with the BlockTest Services.  

BlockTest strongly recommends that You perform Your own independent research and/or speak with a qualified investment professional before making any financial decisions.  You should be aware of the general and specific risks relevant to the matters discussed as part of anyl BlockTest Services. You will independently, without any reliance on BlockTest Services or Blocktest Parties, make Your own judgment and decision with respect to any investment or strategy referenced in the BlockTest Services. 

To the extent permitted by law, in no event will any of the BlockTest Parties be liable to You, whether in contract or tort, for any direct, special, indirect, consequential,exemplary,  punitive, or incidental damages or any other damages of any kind even if any of the BlockTest Parties has been advised of the possibility thereof.  This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect Your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., You or BlockTest cannot access internet service ), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.   

 

Restriction, Suspension, or Termination 

BlockTest reserves the right, in its sole discretion, to restrict, suspend or terminate Your access to all or any part of the BlockTest Services at any time for any reason without prior notice or liability. .  BlockTest may change, suspend or discontinue all or any aspect of any or all of the BlockTest Services at any time, including the availability of any service feature, database, or content, without prior notice or liability. 

 

Links to other sites 

Certain links, including hypertext links, at Blocktest.net will take You to external websites.  These are provided for Your convenience and inclusion of any link does not imply endorsement or approval by BlockTest Parties of the linked site, its operator or its content.  Each of those websites may have their own “Terms of Service.”  We are not responsible for the content of, or actions or activities on, any third-party website even if referred to as “BlockTest Services” in these Terms.  We do not monitor, and assume no duty to monitor, the content of any such third-party websites. 

 

Choice of Law 

All of the Terms and the agreement formed hereby (“Agreement”) shall be governed by, and construed and enforced in accordance with, the laws of the State of Massachusetts, without regard to conflicts of laws provisions that would lead to the application of different law.  Any dispute arising out of, relating to, or in connection with this Agreement, any breach of this Agreement, Blocktest.net or the BlockTest Services, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such other arbitration body as required by law, rule or regulation, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. 

The arbitration will be conducted in the English language before a single arbitrator in Cambridge, Massachusetts.  Such arbitration must be commenced within one (1) year after the claim or cause of action arises.  If for any reason any provision of this Agreement, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between us and you with respect to the BlockTest Services and it supersedes all prior or contemporaneous communications, agreements and understandings between us and You with respect to the subject matter hereof.  A printed version of this Agreement shall be admissible in judicial or administrative proceedings. 

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.  

The Terms constitute the entire agreement between You and Us with respect to the Blocktest Services, and supersede all previous written or oral agreements between You and Us regarding the Blocktest Services.  

 

Contact 

contact@blocktest.net 

 

Any rights not expressly granted herein are reserved. 

© 2018 BlockTest LLC