Terms & Conditions
- Effective date: November 1, 2005
Welcome to BUYBLOCK™ .
The standard BUYBLOCK™ service
is brought to you by BUYBLOCK,
LLC™ (the "Company," "we" or "us") and is provided to you ("Member") under
the terms and conditions of this Terms of Service agreement ("TOS" or the "Agreement").
This Agreement is inclusive of any operating rules, policies, price schedules,
or other supplemental terms and conditions or documents expressly incorporated
herein by reference and/or published from time to time. You can review the
most current version of the TOS at any time at the BUYBLOCK™ website
located at: http://www.BUYBLOCK™ .com
(the "Website"). By using and/or accessing the Website and/or the BUYBLOCK™ software
(the "Service"), you are agreeing to comply with, and be bound by, the following
TOS. Please review the following Agreement carefully. If you do not agree
to this Agreement in its entirety, you are not authorized to use this Website
and/or Service in any manner or form, whatsoever.
- Acceptance of Agreement
This Agreement constitutes the entire agreement between you and BUYBLOCK™ and
supersedes all prior or contemporaneous agreements, representations, warranties
and/or understandings with respect to the Website and/or Service. BUYBLOCK™ may,
from time to time and in its sole discretion, modify this Agreement. In such
a case, BUYBLOCK™ will
post a copy of the amended Agreement on the Website. If you do not fully
agree to any amended Agreement, your only remedy is to stop using the Website
and/or cancel your BUYBLOCK™ Service
account ("Account"). The latest Agreement will be posted on the Website,
and you should review the Agreement prior to using the Website and/or Service.
By your continued use of the Website and/or Service, you hereby agree to
all of the terms and conditions contained within the Agreement effective
at that time. Therefore, you should regularly check this page for any updates
and/or changes. If you utilize the Service in a manner inconsistent with
this Agreement, BUYBLOCK™ may
terminate your access to the Service, block your future access to the Service
and/or seek such additional relief available to us.
- Description of Service
BUYBLOCK™ is
software that prevents an internet user from making online purchases or registering
for any website that requires personal information (i.e. phone number or
social security number) by blocking their ability to enter text on web pages
that require such information. With BUYBLOCK™ ,
when a child goes to enter personal information, whatever they type will
not appear on the screen. The submit button will also be disabled and appear
as the BUYBLOCK™ logo.
The real time blocking method is what separates this product from the other
products on the market.
- Registration and Passwords
In order to use the Services, you may be required to register
with us. By registering, you agree to provide accurate and complete information
about yourself and to maintain and update the information. During the registration
process, you may be asked to designate a user name and password. You are
responsible for maintaining the confidentiality of your user name and password,
and you are responsible for all activities that occur under your user name
and password, whether or not authorized by you.
- Pricing and Billing of the Service
You agree to be bound by the pricing and billing practices of BUYBLOCK™ in
effect at any given time. All charges are payable in United States currency
and are exclusive of any value added tax, sales tax or other taxes, except
as required by law. Depending on your method of payment selected, all charges
billed by BUYBLOCK™ will
appear on your monthly credit card statement. However, please be advised
that BUYBLOCK™ ,
and you credit card company are not affiliated. In connection with using BUYBLOCK™ ,
you will be billed at the rate of $34.95 per year. Please note that the charge
on your statement will be from "WWW.SHAREITINFO.COM", not BUYBLOCK™ LLC.
Your BUYBLOCK™ annual
service charge will be in the amount of $34.95. BUYBLOCK™ reserves
the right to change its pricing and/or billing practices whenever necessary,
in its sole discretion. If BUYBLOCK™ deems
the change to be material; we will make reasonable efforts, such as sending
you an e-mail or posting at the Website, to notify you of such change. Failure
to use the Service does not constitute a basis for refusing to pay any of
the monthly charges. For as long as your Account is open, you will be billed
or charged, and you will be expected to pay, all applicable charges.
-
Termination/Cancellation .
You agree that BUYBLOCK™ ,
in its sole discretion, may terminate your Account (or any part thereof)
and deactivate your software, for any reason whatsoever, including, without
limitation: (a) if BUYBLOCK™ believes
that you are in breach of the Agreement; (b) if you provide incomplete, inaccurate
or untrue Registration Data to BUYBLOCK™ ;
or (c) if BUYBLOCK™ decides
to discontinue offering the Service. You may cancel your Account at any time.
You understand and agree that cancellation of your Account is your sole right
and remedy with respect to any dispute with BUYBLOCK™ .
Upon any termination and/or cancellation of the Service and/or your Account,
your license to use the Service as set forth herein shall immediately terminate.
-
Completion of Company Questionnaires, Surveys and Registration
Forms
In exchange for the Company providing Services, you agree to
provide us with accurate and complete information that we may request, from
time to time, through questionnaires, surveys and/or registration forms.
-
30 Day Guarantee
If you cancel your Account within thirty (30) days from the date/time
displayed on your activation e-mail ("Rescission Period") via e-mail at cancellations@buyblock.com
, the fee to your credit card will be refunded and your Account
will be cancelled. If you do not cancel within the Rescission Period, you
will be billed or charged the fee of $34.95 and, thereafter, the annual fee
of $34.95, until such time that you cancel, or we terminate, your Account.
After the Rescission Period, you may cancel your Account at any time and
not incur any future charges to your credit card, as applicable. However,
we will not refund any fees or charges previously paid up to the date of
cancellation or termination and you remain liable for any and all unpaid
charges billed by BUYBLOCK™ to
your credit card, as applicable. If you cancel your Account within the Rescission
Period, you are ineligible for any Promotion and/or Offer.
- License Grant
As a visitor to the Website and/or Member of the Service, you
are granted a non-exclusive, non-transferable, revocable and limited license
to access and use the Website (and its associated content) and/or the Service,
respectively, in accordance with this Agreement. BUYBLOCK™ may
terminate this license at any time for any reason, whatsoever. You may use
the Website and/or Service on one computer for your own personal, non-commercial
use. No part of the Website and/or Service may be reproduced in any form
or incorporated into any information retrieval system, electronic or mechanical.
You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile,
disassemble, reverse engineer or transfer the Website and/or Service, Website
content or any portion thereof. BUYBLOCK™ reserves
any rights not explicitly granted in this Agreement. You may not use any
device, software or routine to interfere or attempt to interfere with the
proper working of the Website and/or Service. You may not take any action
that imposes an unreasonable or disproportionately large load on the BUYBLOCK™ infrastructure.
As a Website visitor, your license is provided solely for access to the Website
in order to obtain information about the Service and to register for an Account.
Website visitors are not authorized to access any content and/or data available
to Members.
-
Proprietary Rights
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion, software and other matters related to the
Website and/or Service is protected under applicable copyrights, trademarks
and other proprietary (including, without limitation, intellectual property)
rights. The copying, redistribution and/or publication by you of any part
of the Website and/or Service is strictly prohibited. You do not acquire
ownership rights to any content, document, software, services and/or other
materials downloaded, previewed and/or viewed at or through the Website and/or
Service. The posting of information and/or material at the Website and/or
Service by BUYBLOCK™ does
not constitute a waiver of any right in such information and/or materials.
-
Privacy Policy
Use of the Website and/or Service is subject to our Privacy Policy,
which is hereby incorporated into, and made part of, this Agreement. We reserve
the right, and you authorize us, to use and assign all information regarding
your Website and/or Service use and any and all other personal information
provided by you in any manner consistent with our Privacy Policy. To view
our Privacy Policy, click here.
-
Indemnification
You agree to indemnify and hold BUYBLOCK™ ,
its parents, subsidiaries and affiliates, and each of their respective members,
officers, directors, employees, agents, co-branders and/or other partners,
harmless from any and all claims, expenses (including reasonable attorneys'
fees, costs and settlement costs), damages, suits, costs, demands and/or
judgments whatsoever, made by any third party due to or arising out of: (a)
your use of the Website and/or Service; (b) your breach of this Agreement;
(c) your violation of any rights of another Member, individual and/or entity;
and/or (d) your violation of any laws, rules or regulations prohibiting transmission
of unsolicited e-mail. The provisions of this paragraph are for the benefit
of the Company and its parent, subsidiaries and/or affiliates, and each of
their respective officers, directors, employees, agents, shareholders, licensors,
suppliers and/or attorneys. Each of these individuals and entities shall
have the right to assert and enforce these provisions directly against you
on its own behalf.
-
Disclaimer of Warranties
THE WEBSITE AND/OR SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS
AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT
PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE
DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, FAMILY DISCOUNT NETWORK MAKES NO WARRANTY THAT:
(A) THE WEBSITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS: (B) THE WEBSITE
AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (C)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICE
WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND/OR SERVICE MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY
OF THE UNDERLYING INTERNET CONNECTION SERVICE, THE E-MAIL SERVICE AND/OR
ANY AND ALL PRODUCTS AND/OR SERVICES PURCHASED ON THE WEBSITE. BUYBLOCK™ ASSUMES
NO RESPONSIBILITY FOR THE DELETION, OR FAILURE TO STORE, EMAIL MESSAGES,
OR ANY OTHER PERSONALIZATION SETTINGS, AND NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY THE MEMBER FROM BUYBLOCK™ ,
OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE AGREEMENT.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY
TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED,
OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE;
(C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE MEMBER'S TRANSMISSIONS
OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
(E) ANY OTHER MATTER RELATING TO THE SERVICE. THIS LIMITATION APPLIES TO
ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH
OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS,
AND ANY AND ALL OTHER TORTS. THE FEES FOR THE SERVICE SET BY BUYBLOCK™ HAVE
BEEN, AND WILL CONTINUE TO BE, BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY,
THE MEMBER HEREBY RELEASES BUYBLOCK™ ,
AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS
IN EXCESS OF THE LIMITATION STATED HEREUNDER. YOUR SOLE REMEDY UNDER THIS
AGREEMENT IS THE CANCELLATION OF YOUR ACCOUNT. IF APPLICABLE LAW DOES NOT
PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF THE COMPANY TO YOU UNDER
ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY,
FOR THE SERVICE IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION
ACCRUED. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES
AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION
OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN YOU AND THE COMPANY. THIS WEBSITE AND/OR SERVICE WOULD NOT BE PROVIDED
TO YOU WITHOUT SUCH LIMITATIONS.
- Third Party Websites
The Website may provide, and/or third parties may provide, links
to other Internet websites and/or resources. Because BUYBLOCK™ has
no control over such third party websites and/or resources, you hereby acknowledge
and agree that Company and/or BUYBLOCK™ is
not responsible for the availability of such third party websites and/or
resources. Furthermore, Company and/or BUYBLOCK™ do
not endorse, and are not responsible or liable for, any terms and conditions,
privacy policies, content, advertising, services, products and/or other materials
at or available from such third party websites or resources, or for any damages
and/or losses arising therefrom.
- Injunctive Relief
You agree that any unauthorized use of the Website and/or Service
would result in irreparable injury to BUYBLOCK™ for
which money damages would be inadequate. In such event, BUYBLOCK™ shall
have the right, in addition to other remedies available to it pursuant to
this Agreement, to immediate injunctive relief against you and/or any unauthorized
user. Nothing contained in this Agreement shall be construed to limit remedies
available pursuant to statutory, or other claims that BUYBLOCK™ may
have under separate legal, authority.
- Legal Warning
Any attempt by any individual, whether or not a BUYBLOCK™ Member,
to damage, destroy, tamper with, vandalize and/or otherwise interfere with
the operation of this Website and/or Service, is a violation of criminal
and civil law and BUYBLOCK™ will
diligently pursue any and all remedies in this regard against any offending
individual or entity to the fullest extent permissible by law and in equity.
For questions regarding sales or any general information,
please contact info@buyblock.com.
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