Terms of Use

Effective Date:  April 8, 2020

These Terms of Use disclose the terms and conditions for use of the Blockit website and/or mobile application, and the services provided therein (collectively, the “Blockit Services”). We encourage you to read these Terms of Use carefully before using the Blockit Services.

PLEASE READ THESE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THE COVID-19 WEBSITE. BY USING THE COVID-19 WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE TOOL.

 

IMPORTANT:  IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL EMERGENCY SERVICES. The COVID-19 Website is not designed or intended for use in the diagnosis or treatment of disease or other conditions, and the recommendations provided by the COVID-19 Website do not constitute medical advice. Please consult your healthcare provider prior to making any decisions related to your health. The COVID-19 Website is only intended for use in the United States.

Users may use Blockit Services to schedule and manage appointments with service providers, including persons providing medical diagnosis, treatment, or consultation (“Medical Service Providers”).  For purposes of these Terms of Use, “Blockit,” “we,” and “us” means and includes Blockit Now, Inc. and its affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns. By accessing, viewing, and/or using (each, a “use”) the Blockit Services, each user (individually, “User” or “you” and collectively, “Users”) understands and agrees to be bound by all terms and conditions contained in these Terms of Use.  If you object to anything in these Terms of Use or Blockit’s Acceptable Use Policy or Privacy Policy (collectively, the “Agreement”), or otherwise do not understand or agree to be bound by such agreements, do not use the Blockit Services and exit immediately.

User understands and agrees that Blockit may revise these Terms of Use at any time.  If any material changes are made, Users will be notified by e-mail (sent to the e-mail address provided) and/or by means of a notice on the Blockit mobile application or website prior to the change becoming effective.  Users are encouraged to review this page upon each visit to the Blockit mobile application or website.

1.   Acceptance of Terms of Use. These Terms of Use set out the legally binding terms and conditions applicable to the Blockit Services. These Terms of Use include Blockit's Acceptable Use Policy and Privacy Policy, which are incorporated herein by reference. In addition, by using the Blockit Services, User understands and agrees that these Terms of Use were provided to User and that User had an opportunity to review and decline to accept these Terms of Use.

2.   User Representations. By using the Blockit Services, User represents and warrants that he or she currently meets and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as User uses the Blockit Services: (A) User is at least 18 years old or is a legally emancipated minor; and (B) User has the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use.  If user creates an account or uses the Blockit Services on behalf of another individual or entity, user represents that it is authorized by such individual or entity to accept these Terms of Use on such individual’s or entity’s behalf.

3.   Account Creation.  User understands and agrees that, to benefit from the full range of Blockit Services, User must create a Blockit account and provide demographic and other information to Blockit.  User authorizes Blockit to use and disclose User’s information as described in the Privacy Policy.  User agrees to keep confidential the log-on credentials and passwords used to access the Blockit Services.  If User’s credentials are stolen or compromised, please contact Blockit at info@blockitnow.com.

4.   Use of the Blockit Services. User agrees to use the Blockit Services in a manner that is lawful, relevant, and proper to the applicable forum. Any use of the Blockit Services that Blockit, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Blockit reserves the right, in its sole discretion, to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. Each such suspended and/or terminated User agrees to make no further use of the Blockit Services after termination or during suspension. User understands and agrees not to, and not to permit or encourage anyone else to:

A.  Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;

B.  Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;

C.  Use the Blockit Services for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;

D.  Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;

E.   Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;

F.   Take any action that would undermine any aspect of the Blockit Services;

G.  Attempt to gain unauthorized access to the Blockit Services, other User accounts, or other devices, computer systems or networks connected to the Blockit Services;

H.  Advertise or offer to sell any goods or services for any commercial purpose on the Blockit Services that are not appropriate or relevant to the Blockit Services;

I.    Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Blockit Services, except where sponsored or created by Blockit;

J.   Impersonate another person or allow any other person or entity to use User’s user name or password;

K.  Post the same content repeatedly or spam - spamming is strictly prohibited;

L.   Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Blockit Services;

M. Access, download, or copy any information, content and/or materials from the Blockit Services through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);

N.  Schedule appointments which the User does not intend to keep or pay for;

O.  Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Blockit Services; or

P.   Restrict or inhibit any other User from using and enjoying the Blockit Services.

 

In addition, User understands and agrees that User should not disclose medical information when communicating with Blockit customer support, either by email at info@blockitnow.com, by phone, or by any other means, and that any medical information so disclosed is not subject to federal or state medical privacy regulations.  Blockit reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Blockit in its sole discretion. User may report any alleged improprieties by any User to Blockit by email at info@blockitnow.com.

5.   Use of the Blockit Services – NOT FOR EMERGENCIES.  The Blockit Services are NOT FOR USE FOR MEDICAL EMERGENCIES.  Users who believe they are experiencing life-threatening health conditions should call 911, call their regular physician, or go directly to an emergency room.

6.   Account Security. User is solely responsible for maintaining the confidentiality of passwords and account information for the Blockit Services, and User is fully responsible for all activities that occur under User's account. User agrees to immediately notify Blockit of any unauthorized use of accounts or any other breach of security.

7.   Links to Third Party Websites. The Blockit Services may contain links to third party websites, which links are provided solely for convenience. User understands and agrees that Blockit does not control or endorse such third party websites, any products or services that are made available by such third parties, or any advertisements displayed on, through or in connection with such third party websites. User understands and agrees that use of such third party websites is at User’s own risk, that such third party websites are governed by such third party's terms of use and privacy policies, and that Blockit is not responsible for the privacy practices or other policies of such third party websites. Blockit expressly disclaims, and each User expressly releases Blockit from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to such third party websites, including without limitation each such websites' availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services.

8.   App Store Purchases.  In the event that User obtains the Blockit mobile application through Apple, Google, or other third-party application marketplace, User understands and agrees that the third-party marketplace is not responsible for the Blockit Services or content provided by Blockit and is not a party to this Agreement.

9.   COPPA Compliance. The Blockit Services are not developed nor intended for use by children. Therefore, Blockit will not knowingly collect any information directly from anyone under the age of 18 unless such individual has been legally emancipated. A User over the age of 18 may use Blockit to schedule appointments on behalf of minors for whom the User is a custodial parent or legal guardian. In so doing, the User understands and consents to the collection of certain information about the minor by Blockit as needed to provide the Blockit Services.  Users must identify their age during the registration process. Blockit expressly disclaims, and each User expressly releases Blockit from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User.  Blockit reserves the right to suspend and/or terminate with or without notice the subscription of any User who it believes has provided false information when registering for and/or using the Blockit Services, and each User agrees to make no further use of the Blockit Services after any such termination and/or during suspension.

10. User Information. “User Information” is defined as any information, content and/or materials User posts on the Blockit Services, submits to Blockit and/or submits to any other User or Medical Service Provider on or through the Blockit Services or by any other medium or method, including without limitation User’s medical information. Blockit will use User Information in accordance with Blockit’s Privacy Policy. Blockit acts as a passive conduit for User Information, and Users are solely responsible for their User Information.  Additionally, User must agree and consent to Medical Service Providers’ Notice of Privacy Practices in order to permit Medical Service Providers to release scheduling and other information to the Blockit Services.  User Information, including without limitation information provided in connection with registration and medical history, is self-reported, and User understands and agrees that Blockit does not independently verify that any or all of the User Information is accurate, timely or complete. Blockit expressly disclaims, and each User expressly releases Blockit from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts of or reliance upon by other Users or Medical Service Providers with respect to such User Information.

11. Indemnification. USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BLOCKIT FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS, INCURRED BY BLOCKIT IN ANY WAY RELATED TO USER'S: (A) ACTS AND/OR OMISSIONS ON OR OFF THE BLOCKIT SERVICES; (B) BREACH OF THESE TERMS OF USE; (C) DISPUTES WITH OR BETWEEN OTHER USERS AND MEDICAL SERVICE PROVIDERS; (D) USE AND/OR MISUSE OF THE BLOCKIT SERVICES, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREON; (E) VIOLATION OF ANY APPLICABLE LAW OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER INFORMATION, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION AND MEDICAL HISTORY; (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS; (H) USE OF LINKS TO THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION SUCH WEBSITES' AVAILABILITY, TERMS OF USE, PRIVACY POLICY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, PRODUCTS AND/OR SERVICES; (I) USER INFORMATION AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER INFORMATION; (J) USE OF THIRD PARTY PAYMENT PROCESSING SERVICES; AND/OR (K) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE BLOCKIT SERVICES. USER FURTHER AGREES TO COOPERATE AS REQUESTED BY BLOCKIT IN THE DEFENSE OF SUCH CLAIMS. BLOCKIT RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND USER SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF BLOCKIT.

12. Suspension and Termination. Blockit may suspend and/or terminate a User for any reason or for no reason at all and with or without notice and/or refund, all in Blockit's sole discretion. Suspension and/or termination of a User may include restricting access to and use of the Blockit Services and, subject to applicable laws, may also include the deletion of the content associated with the User. Each such suspended and/or terminated User agrees to make no further use of the Blockit Services during suspension or after termination. Even while the User is suspended and after it is terminated, these Terms of Use will remain enforceable against such suspended and/or terminated User. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.

13. Intellectual Property Rights. All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) on the Blockit Services is owned by Blockit or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Blockit also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. User may not copy, download, use, redesign, reconfigure, or retransmit anything from the Blockit Services without Blockit's prior express written permission. Furthermore, User is not allowed to post, distribute or reproduce any User Information that he or she does not own, or which he or she does not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and may subject User to termination or suspension from the Blockit Services and/or civil and/or criminal penalties. In addition, the Blockit Services contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Blockit and/or the relevant right holder.

The service marks, trademarks, logos and trade names appearing on this Blockit Services are owned by Blockit or are appearing on the Blockit Services with permission of the respective owners and User acknowledges the rights of Blockit and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.

14. Copyright Complaints and Copyright Agent. It is Blockit's policy to terminate any User who infringes the rights of others upon receipt of notification to Blockit by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. Upon receipt of proper notice of claimed infringement under the DMCA, Blockit will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Blockit Services in a way that constitutes copyright infringement, please provide Blockit's designated agent with the following information:

A.  An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;

B.  A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Blockit Services where the material the User claims is infringed is located. Include enough information to allow Blockit to locate the material;

C.  Your address, telephone number, and e-mail address;

D.  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

E.   A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Blockit's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail info@blockitnow.com, with the subject line "DMCA."

15. Privacy Policy. Blockit's Privacy Policy, located on the Blockit Services as modified by Blockit from time to time, is a part of these Terms of Use and is incorporated herein by this reference. By using the Blockit Services, User understands and agrees that User has reviewed and agrees to the Privacy Policy and, as applicable, the Medical Service Providers’ Notice of Privacy Practices.

16. Acceptable Use Policy.  Blockit’s Acceptable Use Policy, located on the Blockit Services as modified by Blockit from time to time, is a part of these Terms of Use and is incorporated herein by this reference.  By using the Blockit Services, User understands and agrees that User has reviewed and agrees to the Acceptable Use Policy.

17. U.S. Export Controls. The Blockit Services are subject to United States export controls. No part of the Blockit Services may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Blockit Services, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.

18. No Third Party Beneficiaries. User understands and agrees that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.

19. Limited License. Blockit grants User a nonexclusive, revocable right to use the Blockit Services for the authorized purposes stated in these Terms of Use, provided that User does not: (A) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code; (B) modify or attempt to modify the Blockit Services in any manner or form; or (C) violate these Terms of Use.

20. Modifications to the Blockit Services. Blockit reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Blockit Services and/or any information, materials or content on the Blockit Services with or without notice to Users. User agrees that Blockit shall not be liable to User or any third party for any modification or discontinuance of the Blockit Services or any portion thereof.

21. No Joint Venture. User acknowledges that it is not legally affiliated with Blockit in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by User's use of the Blockit Services or these Terms of Use. As such, User shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on Blockit, except as provided herein or authorized in writing by Blockit.  Additionally, Blockit is not an employment service or agency and does not serve as an employer or employee of Medical Service Providers.

22. Limitations on Use. In the interest of maintaining the performance and availability of the Blockit Services and in enforcing these Terms of Use, Blockit reserves the right to place certain limitations on Users' access to the Blockit Services. User acknowledges that this term supersedes any specific offer made by Blockit, and that these limitations may be enforced in Blockit's sole discretion. If User feels that these limitations are interfering with legitimate use of Blockit in keeping with the Terms of Use, User agrees to refer this concern to Blockit and abide by the determination of Blockit.

23. Payment.  Blockit may offer payment processing services as part of the Blockit Services, wherein User may use the Blockit interface to pay for products and services offered by authorized service providers, including Medical Service providers.  Such payment processing services may be offered through a third-party payment processing partner, and will involve the processing of User’s credit card information and the collection from the applicable service provider a transaction processing fee.  While Blockit will use commercially reasonable efforts to protect the privacy of all personal and financial information, Blockit expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries, and/or damages, arising from and/or in any way related to Blockit’s use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties.

User and Medical Service Provider have sole responsibility for negotiating and agreeing upon the services to be provided and the costs associated with the same, including any insurance copayments or deductibles.  User is responsible for payment of any services received from Medical Service Providers or other service provider.  Any payment disputes must be resolved directly with the service provider. 

24. Communications With Medical Service Providers.  Blockit Services offer a venue for Users to schedule appointments with Medical Service Providers over the internet.  User understands and agrees that Blockit has no control over the acts or omissions of any User or Medical Service Providers on or off the Blockit Services and that Blockit makes no representations or warranties about the quality of the diagnosis, treatment, or consultation provided by any Medical Service Providers. User understands and agrees that Blockit is not responsible for the performance or conduct, whether on or off the Blockit Services, of any Users or Medical Service Providers.  User further understands that the provision of content by Blockit from or concerning Medical Services Providers, including text, data, graphics, images, video, audio, guidance, or other materials, does not create a professional/patient relationship or constitute medical diagnosis or treatment, and that the Blockit Services do not constitute the practice of medicine or other learned profession or the provision of medical care.

Information and content that User receives from or through the Blockit Services is for informational, scheduling, and payment purposes only.  Blockit makes no representations that the information and content is timely, accurate, or complete.  Any medical information transmitted by or through the Blockit Services, including through direct messaging or advertisements, is provided by independent Medical Service Providers and is for informational purposes only.  Such information and content is not intended as a substitute for, nor does it replace, advice, diagnosis, or treatment provided by a qualified Medical Service Provider with whom User establishes a professional/patient relationship.  User’s use of the information or content described herein is solely at User’s own risk.  User is encouraged to independently confirm the credentials of any Medical Service Provider with whom User contracts and the validity of any information or content received by User.

Blockit makes reasonable efforts to ensure that Medical Service Providers who participate in Blockit Services are appropriately licensed to offer the services offered by them, and may exclude Medical Service Providers who, in Blockit’s discretion, have engaged in appropriate or unprofessional conduct.  Blockit does not recommend or endorse any Medical Service Provider and does not make any representations or warranties with respect to Medical Service Providers who participate in Blockit Services or the quality of healthcare services they provide.  User is responsible for choosing his or her own Medical Service Providers.

Blockit expressly disclaims, and each User expressly releases Blockit from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Blockit Services, including without limitation any acts and/or omissions of Users and/or Medical Service Providers on or off the Blockit Services.  Additionally, Blockit expressly disclaims, and each User expressly releases Blockit from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between Users and Medical Service Providers.

25. Disclaimer of Warranties. THE BLOCKIT SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT USE OF THE BLOCKIT SERVICES IS AT USER'S SOLE RISK. BLOCKIT DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE BLOCKIT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE BLOCKIT SERVICES WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; AND (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE BLOCKIT SERVICES, OF ANY USERS OR MEDICAL SERVICE PROVIDERS. LIFELINTOCARE DOES NOT REPRESENT OR WARRANT THAT THE BLOCKIT SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. BLOCKIT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. BLOCKIT SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES BLOCKIT FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE BLOCKIT SERVICES.

26. General Release of Claims. User hereby releases and holds harmless Blockit and Blockit’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, and licensees from and against all claims that User may have against them for infringement, violations of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence, and/or any other legal theory arising from or in connection with the Blockit Services and/or the rights and privileges granted or conveyed by User under the Agreement (including, without limitation, those rights and privileges relating to any User Information and/or any elements, derivatives, or marketing of the foregoing). Further, User waives User’s right to, and in no event shall User seek to, enjoin Blockit, any of Blockit’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, or licensees, or any exercise of the rights or privileges granted or conveyed by User under the Agreement.

 

User also hereby waives any rights User may have under Section 1542 of the California Civil Code and any other statute or common law principle of similar effect, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

27. Limitation of Liability. No action arising under or in connection with the Terms of Use, regardless of form, may be brought more than one (1) year after the cause of action arose.  UNDER NO CIRCUMSTANCES WILL BLOCKIT BE LIABLE TO USER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

28. Notice. Any notice or other communication to be given hereunder shall be in writing and given by postpaid registered or certified mail return receipt requested to the address listed below, or via electronic mail to:  info@blockitnow.com.

Blockit Now, Inc.
610 Elms St, Suite 800S
McKinney, Texas 75069

29. Arbitration. Any controversy, claim, suit, injury or damage arising from or in any way related to the Blockit Services or Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator chosen by Blockit. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in the State of Texas, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Blockit may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Texas necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.

30. Assignment.  Blockit may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or successor entity.  User may not assign its rights and obligations under this Agreement without the prior written consent of Blockit.

31. No Waiver. No change, waiver, or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion.

32. Severability.  In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect. 

33. Governing Law.  These Terms of Use, and all other aspects or use of the Blockit Services, shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules.

34. Headings.  The headings in this Agreement are for convenience only, and in no way limit, define, describe, modify, interpret or construe the meaning, scope, or intent of this Agreement or any terms or conditions herein.

35. Entire Agreement.  The Terms of Use and all supplemental terms, policies, rules, and guidance, including the Acceptable Use Policy and Privacy Policy, constitute the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written.

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