YOUR ACCESS TO AND USE OF THE COMPANY SITES AND MATERIALS ARE CONDITIONED TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE COMPANY SITES AND MATERIALS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, YOU AGREE THAT YOU WILL NOT ACCESS THE COMPANY'S SITES AND MATERIALS, AND YOU UNDERSTAND THAT YOU ARE PROHIBITED FROM ACCESSING ANY WEBSITES OR MATERIALS PROVIDED BY THE COMPANY BECOME.
1 . General
You are solely responsible for your use of the company sites and materials. You agree that you will not use the Company's sites and materials unless you can form a binding contract with the Company. Please read these terms and conditions (“Terms”) carefully before accessing or using any websites or materials provided by BlockyFi (the “Company” or “We” or “Us”), or its owners, subsidiaries, affiliates and joint ventures, companies, and all of their respective officers, directors, employees, agents and representatives (collectively, "Affiliates"). Such websites include without limitation www.blockyfi.net and products, services, subscriptions, content and features available on or offered through those websites (such sites and materials collectively, "Company Sites and Materials").
BlockyFi may revise these Terms by updating this notice or by communicating with you using the contact information that the BlockyFi has on file for you. Your continued use of the Company Sites and Materials after such revisions have been posted or communicated to you constitutes your acceptance of all such revisions. The Company Sites and Materials are not intended for or directed at children under the age of 18. By accessing or using the Company Sites and Materials, you confirm that you are over the age of 18 years.
2. GENERAL DISCLAIMER
BlockyFi is not an investment, financial, tax or legal advisor or broker-dealer and does not intend to provide personalized investment, financial, tax or legal advice in any form. The Company does not recommend the purchase of any particular securities, nor does the Company promise or guarantee any particular investment performance. You understand and acknowledge that there is a very high level of risk associated with trading securities and in particular trading futures and options. You acknowledge and agree that you, and not the Company, are solely responsible for your own research and investment decisions. Do not trade with money you cannot afford to lose. You understand that BlockyFi encourages you to assume all risk.
Past results of BlockyFi or the trading system published by the Company are not indicative of future returns from BlockyFi or its system and are not indicative of future returns that may be realized by you. In addition, the methods, techniques, information, content, indicators, strategies, columns, articles and all other features of the Company Sites and Materials, or any other Company product or service (collectively, the "Information") are provided for informational and for educational purposes only and should not be construed as investment advice. Accordingly, you should not rely on the Information when making any investment. Always do additional independent research to form your own opinion about investments.
3. INTELLECTUAL PROPERTY, HYPERLINKS & LINKS TO OTHER WEBSITES
BlockyFi Sites and Materials and related Content, including without limitation the User Submissions (as defined below), Third Party Applications and all other content on the Company Sites and Materials and the copyrights, trademarks, service marks and other intellectual property rights in such Content are owned by Company and/or its third party licensors or suppliers, unless specifically stated otherwise. You may only access and use such content for your own personal and non-commercial use. The Company or its third-party licensors, as applicable, reserve all rights not expressly granted in and to such content. Your modification or use of such content other than modification or use expressly permitted hereunder is a violation of our intellectual property rights and may subject you to legal liability.
The company sites and materials may contain links to third party websites. The fact that we provide such links is not an endorsement of that third party or any services or products they offer or a representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may follow different rules regarding the use or disclosure of the personally identifiable information you provide to them, and you should read the privacy policies or statements of the other websites you visit.
4. USER SUBMISSIONS AND OTHER CONTENT
The Company Sites and Materials may allow the submission of content by users, including, for example, comments, articles, links, and conversations in our chat rooms ("User Submissions"). By posting such User Submissions, you grant the Company an irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and such User Submission distribute in any media or distribution method (now known or later developed). The Company has the right, in its sole discretion and without further notice to you, at any time to monitor, censor, censor, edit, move and/or delete it. and for any reason.
We do not represent or warrant the completeness, truthfulness, accuracy, usefulness or reliability of any content or User Submission and do not necessarily endorse the views expressed therein. You understand that by using the Company Site and Materials, you may be exposed to content that may be offensive, harmful, inaccurate, or otherwise inappropriate. We may not control or monitor the content or User Submissions accessible on the Company Sites and Materials.
5. TRANSPARENCY AND RESULTS CLAIMS
To promote transparency, we may require users to verify their securities transactions through various methods that we designate. If you fail to provide such verification, we may do one or more of the following: (1) disable any account you have created through the Company Sites and Materials; (2) remove any content you post, including content related to your transactions. However, despite the Company's commitment to transparency, the Company does not guarantee the accuracy of and assumes no liability whatsoever in connection with any trading information provided by users.
In addition, the Company's Sites and Materials may sometimes reference a commitment by BlockyFi or other authorized representatives of the Company to share their investment results, including but not limited to trading results or investment strategies. Such references should not be construed or interpreted as requiring disclosure of investments and strategies that are personal in nature, that are part of wealth or tax planning, or that are irrelevant to the scope and nature of the educational philosophy of the company.
6. ACCESS TO CONTENT
If you choose to pay your tuition fees in installments (3 payments), you will get access to 25% of the content after your first payment. The next 25% of the content will become available to you after the second payment on a set date. The same goes for payments 2 and 3 (25% of the learning program is designed to take approximately 30-40 days; therefore there should be no delays or inconveniences between payments.) To access 100% of the content immediately, you must pay the entire tuition fee at once (1 payment). Please note: Payment in 3 installments is possible, but the responsibility for the transactions lies with the student and the third party: In3
7. PAYMENT PLAN AND TERMINATION
If you have registered for a learning path, you must pay the entire tuition fee in one. If you have chosen to pay your tuition fees in installments (4 payments) and you do not pay the agreed fees in accordance with the payment plan, we will not be able to provide you with the Service until payment has been made, and we may take steps to recover your recover outstanding fees as permitted by law.
To terminate your participation, you must notify us by email: [email protected] Any ancellation will only take effect at
the end of the agreed minimum term (and as such you will not be entitled to a refund).
The option to pay tuition in installments (4 payments) was created by BlockyFi to make its learning program more accessible and affordable; however, this option is not a subscription, it is a payment plan. By choosing to pay your tuition fees in installments (4 payments), you acknowledge that termination of your participation DOES NOT CANCEL any remaining payments.
BlockyFi may terminate your access to and use of the Company's Sites and Materials at any time. Reason for such termination includes, but is not limited to (i) violations or violations of these Terms or any other agreements or guidelines, (ii) requests from law enforcement or other governmental or regulatory authorities, or (iii) violation or unauthorized use of copyright or other intellectual property. Cancellation or termination of your account, services or subscriptions by the Company does not relieve you of any obligation to pay any fees or charges accrued. You may not access or use the Company Sites and Materials after termination or notice thereof.
In connection with the purchase of services or materials from the company, the company makes no promises whatsoever regarding the continuation of current features or functionality or provision of future functionality or features.
If you purchase a subscription to a service or material from the Company, by authorizing the Company to charge a payment card for the charges associated with your subscription(s), you authorize the Company to automatically continue charging that card (or a replacement card issued by the card issuer) for any fees or charges associated with your subscription, including any renewal fees as described below. BlockyFi may change its prices or institute new charges or fees at any time. Price changes and new charges announced for a service during your subscription period will apply to the following subscription terms.
Your subscriptions will automatically renew at the end. This means that unless you cancel your subscription before it expires, your account will automatically renew for the same term.
9. CUSTOMER RESPONSIBILITY AND OBLIGATIONS
By providing us with your personal information, you agree and confirm that it is true and accurate.
By using the service, you agree that you will only use the service for private and personal reasons and that you are not using or intending to use the service for any commercial reason. You also agree that you will not use any information about third parties (including other members) that you receive through the Service for any commercial or advertising purpose.
You will treat emails and other communications you receive through or in connection with the Service as confidential and will not disclose such communications to any third party. The same rules also apply to names, telephone and fax numbers, home addresses, email addresses and/or URLs or other personal information of other members of the BlockyFi Community.
You agree to retrieve all messages you receive (as well as any information in your profile that you choose to keep) at regular and appropriate intervals and, if necessary, to archive this information on your own computer or other data storage system. You understand that all your data related to your current participation will be automatically deleted if your profile is inactive for twenty-four months.
· By joining BlockyFi Community, you agree not to misuse the service and comply with our conduct requirements. In particular, you will not use the service:
· to distribute immoral, obscene, pornographic or radical political content or photos;
· to distribute defamatory, abusive or otherwise illegal content or information;
to threaten or harass other members, or to infringe the rights of third parties (including personal rights);
to upload data that contains a virus (such as infected software); or to upload data that contains software or other content that is protected by copyright, unless you own the rights to that content or have otherwise obtained the necessary permissions;
to intercept or attempt to intercept any e-mails/messages;
to send emails/messages to members for any purpose other than communication, and in particular you will not use the Service to promote or offer goods or services to other members, except where expressly permitted ;
send any chain letters;
to send messages that serve a commercial purpose;
If you do not meet the conduct requirements as stated above, or if you do not materially comply with any of the other terms, we may take the following actions: we may ask you to cease your non-compliant activities (or otherwise issue you with a warning that your activities do not meet our conduct requirements); we may remove any content you have submitted through the service in violation of any of our conduct requirements; we may suspend provision of the service to you (in whole or in part) until the issue is resolved (for example, while we investigate your activities); or (if it is clear to us that you are seriously misusing the Service) we may terminate the provision of the Service to you. If we decide to terminate your participation because you have misused the service.
No measure designed to protect, secure or maintain the integrity or confidentiality of information, including methods of transmission over the Internet or electronic storage, can guarantee the security of your information. The company makes no guarantees regarding the security of your information.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, PRODUCTS, TOOLS AND SERVICES INCLUDED OR OBTAINED THROUGH OR AS PART OF THE COMPANY SITES OR MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR ANY WARRANTY, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE INFORMATION ON OR IN THE COMPANY'S SITES AND MATERIALS.
12. LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ITS AFFILIATES NOR ANY OF THEIR SUPPLIERS, ADVERTISERS OR SPONSORS ARE OR SHALL BE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXAMPLE, DAMAGES OR OTHER DAMAGES, IF OTHER THEORY, ARISING OUT OF OR ON ANY WAY RELATIONSHIP TO ANY OF THE COMPANY'S SITES AND MATERIALS, OR ANY CONTENT THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE COMPANY, INCLUDING BUT NOT LIMITED TO WHETHER I LOST REVENUE, LOSS OF CAPITAL , PAIN AND SUFFERING, EMOTIONAL DISTURBANCE OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (IN CONTRACT, TORT (IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE)
As a condition of your use of the Company's sites and materials, you agree to indemnify and hold harmless the Company and its affiliates from all losses, claims, judgments, costs, damages and expenses (including attorneys' fees ) caused by or as a result of (a) your breach of these Terms; (b) your use of or reliance on any of the Company Sites and Materials; (c) your violation of any third party's rights, (d) any claim that any of your User Submissions caused damage to a third party, or (e) any third party claim or demand arising out of your use of any third party website. This obligation to indemnify and hold harmless shall survive the expiration or termination of these Terms and your cessation of use of the Company Sites and Materials.
Except as otherwise provided herein, you agree that any controversy or claim, whether at law or in equity, arising out of or in connection with the Company's provision of services or materials, regardless of the date such dispute arose , will be resolved in its entirety by individual (not class-wide or class-wide) binding arbitration.
You and We agree that our only relationship is a contractual relationship governed by these Terms. Any controversy or claim arising out of or related to the provision of services or materials by Us shall be resolved solely on the basis of these Terms.
ALL DISPUTES WITH TK ARISING IN ANY WAY OUT OF OR IN ANY WAY IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED SOLELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT IN COURT OR COURT.
SUCH DISPUTE MAY NOT BE COMBINED OR CONSOLIDATED WITH ANY DISPUTE RELATING TO THE PRODUCT OR CLAIM OF ANY OTHER PERSON OR ENTITY, AND IN PARTICULAR, WITHOUT LIMITING THE FOREGOING, SHALL IN NO EVENT BE CONDUCTED AS PART OF ANY CASE. THE ARBITRATION WILL BE CONDUCTED FOR A SINGLE ARBITRATION; WHOSE ALLOWANCE, IN FORM OR AMOUNT, DOES NOT EXCEED THE EXCEED PERMITTED BY APPLICABLE LAW.
This arbitration provision also applies to claims against BlockyFi's employees, agents, and affiliates if such claim arises out of the sale, condition, or performance of the Product.
You may opt out of this dispute resolution procedure by notifying BlockyFi no later than 30 calendar days from the date of purchase of the Product by the first consumer purchaser. To opt out, you must send an email notice to [email protected] with the subject line: "Opt Out of Arbitration".
U moet in de opt-out-e-mail (a) uw naam, adres en e-mailadres opnemen dat in verband met de Service is gebruikt en (b) de datum waarop u de service begon te gebruiken.
EACH PARTY ACKNOWLEDGES THAT IN PERFORMING THIS AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF AN INDEPENDENT LEGAL BOARD AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE BOUND AGAINST ANY PARTY BY RESPECT OF DRAWING OR PREPARING THEREOF.
These Terms constitute the entire agreement between you and the Company with respect to your use of the Company Sites and Materials and supersede any prior or contemporaneous written or oral agreements between us regarding such subject matter. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions.